The URL can be used to link to this page

Home My WebLink About94-00211 VI v '!J .(.. 0- h , u::; -0 o -S\ LX ~' ..'\.- 'I', .-...." --~~~-~~~~!~~~-----_._---- ------------------------_._~~~------- In chc CaU" of Comm.on PIc>> of Cumbcriaad CaUllty, PCDDSyh-mia. _______...____2:1.1..____ Civil. i9-t)( VI. I _.fJlii;;.YL_&..~~...a.fld1~'::l-'~t~ .ck )~;V__fk_t_z...Ad~rctI:'L;;J.!.1.., Nil. -----------------------.---------------------- -------...- -----.. . .. .--... --------------------.- ~~~~~~~~~~~~~~~~~~~:f7~~~~::.~~~~t~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ - ~..-~-:!--~1.r!~~(.~'7t-~.--------------.--------~---------..--...------------------- .---. ______________fit_tUl --!:: 0f:--('y-~t'/..(~0!..~:ct:---~!-L(f,{M..GJ.."-4t, ._~!:.l1..~~_{~&~!:;~-..<<:rtd!.--C~~:&..<aJ--~.2~--~~.:--1H--e:1k}:~--------_ .-&!&-_--------_.. .-.-.------..----..-------------- --------.. ---- -------..--------- -------- .----------------------.. --------------------------- -------- --.-....----. -- .--------------- 1ro __________________________________________ Prochonotary 19_____ n;t/7.! (? ~~ct. " :". --I ----;;;;;-!;;F'-::u.-~ie..:tJ...d;_ \)I}\.' I) fl. I),~l''> ( .. (;IUoI...., I/~'JII;"',"N! 11-t:0 Zl H ,Ii, {';7t/~t fl-. NAif'!' rh"',U7, f'A 17110 " ',_.- ~ .."'1..... " ..... I I I , t- I , I . \ .. \ I I -f. I I I I I a: I a: i \ I - I - I I I I I I @ I I , I I I I I I I ~ , Iol I I I I I I I I I I Po . I I I I I \ I . .... . I I tJ I I lEU I j I ~ I I S t:<j AH '9~ I Iol I I I I I I I I -f. I I I I III I I I I --- I I Po I I ': "~ I I I I I I T I I I , I I I I I I . \ I I \. ~ 'h I I. ~ I I ~ "'A',' " 1, , :~'11 ~. 'c i .'. ,...,..:.,,~,-, ~.""'~ r1w\pkld\frtchoLt.com I....ry 19. 1994 REAGER SELKOWITZ , ADLER, PC BY: JOHN J. MCNALLY, III, ESQUIRE Attorney I.D. No. 52661 2331 Market street Camp Hill, PA 17011 Telephone: (717) 763-1383 FREEHOLD ENTERPRISES, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. . . NO. ~ /qq'l .;)11 MICHAEL GREEN, DANIEL VOGELMAN, CHRISTIAN PASS and GERARD CURRAN, Defendants . . . . NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 rlw\ple.d\rrrchoW.com lanwlIY 19,199-1 REAGER SELKOWITZ , ADLER, PC BY: JOHN J. MCNALLY, III, ESQUIRE Attorney I.D. No. 52661 2331 Market street Camp Hill, PA 17011 Telephone: (717) 763-1383 FREEHOLD ENTERPRISES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. . . MICHAEL GREEN, DANIEL VOGELMAN, CHRISTIAN PASS and GERARD CURRAN, Defendants COMPLAINT AND NOW, comes the Plaintiff, J. Michael Adler, t/d/b/a Freehold Enterprises, by and through its attorneys, Reager, Selkowitz & Adler, PC, to make the following Complaint: 1. J. Michael Adler is an adult individual t/d/b/a Freehold Enterprises (hereinafter "plaintiff"). 2. Michael Green is an adult individual whose last known address is 12741 Dunks Ferry Road, Philadelphia, Pennsylvania (hereinafter "defendant Green"). 3. Daniel Voge1man is an adult individual whose last known address is 7018 Charles Street, Philadelphia, Pennsylvania (hereinafter "defendant Vogelman"). r1w\pk.a4\(rccholJ.com 1......,.19, 1\l9I 4. Christian Pass is an adult individual whose last known address 18017 (hereinafter is 5480 Monocary Drive, Bethlehem, Pennsylvania "defendant Pass"). 5. Gerard Curran is an adult individual whose last known address is 341 Fort street, Apartment #1, Shippensburg, Pennsylvania and the sublessor of Michael McGlowe. 6. By Residential Lease Agreement dated January 21, 1992 (hereinafter "Lease"), a copy of which is attached hereto as Exhibit A, Plaintiff let unto defendants Green, Voge1man and Pass the premises known as 341 Fort street, Apartment 1, Shippensburg, Pennsylvania 17257 (hereinafter "the Premises"). 7. Pursuant to the terms of said lease, defendants rented the Premises for a one-year term beginning June 1, 1992 and ending May 25, 1993. 8. Under paragraph 6 of the Lease, defendants agreed "to use due care in the use of the [Premises]" and "pay for all repairs to the [Premises], its contents and to all other parts of [Plaintiff's] or Agents property which are necessitated by any act or lack of care on the part of [defendants], members of [defendants'] family or his visitors." 2 rlw\plcaIlUrcctK*l.com I.....". 19, 1994 r '. 9. Defendants provided plaintiff with a Nine Hundred and 00/100 Dollars ($900.00) security deposit to guaranty defendants care for the Premises while in their possession. 10. As provided in paragraph 11 of the Lease, Plaintiff was permitted reasonable access to the Premises during the lease term for the purposes of inspection and to enforce the Lease. 11. On or about May 5, 1993, 20 days before the expiration of the " ,} :j :! Lease, defendants Green, Voge1man and Pass abandoned the Premises. 12. Defendants failed to provide Plaintiff with their respective forwarding addresses upon abandoning the Premises. 'I ~ j , 13. Defendants did not tender unto plaintiff their keys until after they had abandoned the Premises and the lease term had expired. 14. Upon inspection, Plaintiff discovered that defendants failed to use the Premises with care while they were in possession of same. 15. By letters dated June 24, 1993, copies of which are attached hereto as Exhibit B, Defendants were provided timely notice and accounting that the cost of repairs for damages to the Premises while in their possession totalled Three Thousand Five Hundred Seventy-Four and 4 ~ \, l' ,. 22/100 Dollars ($3,574.22). 3 f:~'-:--"""'~""-; .-~.;-,,_;_~..4:~ rlwlplcadVJ<d>oW..... JanPr)' 19. 1994 16. The amount of damages sustained clearly exceeded the amount held to secure against such destruction. 17. Despite Plaintiff's request, defendants have failed to reimburse Plaintiff for repairs necessitated by the lack of care during defendants' possession of the Premises. WHEREFORE, Plaintiff respectfully requests that this honorable court award it the sum of Two Thousand six Hundred Seventy-Four and 24/100 Dollars ($2,674.24), representing the sum of the costs of damages minus the security deposit withheld together with costs of the present action. Respectfully submitted, PC By: , III, Esquire ey I.D. No. 2661 t Street Camp Hil ,PA 17011 Telephone: (717) 763-1383 Counsel for: Freehold Enterprises, Plaintiff Date: January 19, 1994 4 ;.' ,"', ~...........".., VBRII'ICATIOB I, J. MICHAEL ADLER, the Plaintiff herein, hereby verify that the foregoing Complaint is true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. -:=. ffi~~k,~ (~~ J. MICHAEL ADLER Dated: '!Iq/o,y HISTacounT Exhibit A .-- l~.t~~-""-"'_'~"~"'ifMII~~,"". No. 6303 ..... j::'lpr. ;:# 5..30 -..!:::d), ." RESIDENTIAL LEASE AGREEMENT THIS LEASE, s BETWEEN owner, AND I (hereinafter whether one or more, jointly and severally: WITNESSETH: That Owner hereby leases to Resident and the letter the forme , th~apartmentLhouse designa ed as .J+ '-h ~ I :,) hereinafter called the "premises", for the term of ().u'f..../ f5"t<L beginning on the / S'f"" day of C-::S::-lJ.~ ' 19..:t:3, and ending on the .=>~ day of-. fi1~.., , 19~, at the rent of """,:i( J-I-r-MIl?/I!.s", ~....l'I-P.:) . _ Dollars ($ I. ,.,On -) each on the / ::, ., day of each month in advance. This letting is ,upon the following terms and conditions: _, 19 92- oS, J:.e 1..1h~ referred to a "Resident"), II 1. Resident agrees to pay Owner a security deposit of JJ/~ NtJ>.IO/);COO - Dollars ($ '11'l c:> - ) upon signing of this agreement JJ; 13 . with receipt herein acknowledged paid by5"j!<;O- C~rl "'/50 - dh';clt. .:. I CHE,S""" Pl\:'~ 2. Resident agrees jO ~to Owner or Agent the monthly rate set forth above on the _ day of each month, in advance, at the Rental Office of Owner or Agent or such other place as Owner or Agent may from time to time request and further agrees to pay the first and last months rent at the time of occupancy. Resident also agrees to pay a late payment charge to ten_~J percent per month on the amount of rent in default on the ~ day of each month which shall be included with that months ren~al payment. ,If late rental payment is not received by the ).~. of each month (rent plus late payment charge), Owner or Agent will reserve the right to , proceed with the ne~essary legal authorities to collect same. If any check for rent is returned to Owner or Agent or insufficient funds or other reason, late charges will continue until rent is actually paid by Resident. 3. Owner or Agent may terminate this lease without cause by giving thirty (30) days prior written notice to Resident, but D2 termination by Owner or Agent without cause may take effect during the one-year term of the lease. 4 . Resident agrees to use the apartment only as the personal residence of Resident and their children, and not to assign this lease or sublet the apartment. Resident agrees not to alter or make additions to the apartment, its painting, its fixtures, ~ chanae locks without Owner's or Agent's written consent. Resident agrees not to do or to permit any act or practice injurious to the building, which may affect the insurance on the building, or which is contrary to any law. t " " II Ii U.J:V. c..p. II (Pl. ,~l/'_. . . s. Resident understands that the equipment for utilities to serve the premises is installed therein and Resident agrees that the cost of the utilities shall be paid as follows: C)~ Heating for premises to be paid by B.: .... r Heating of water for premises to be paid by ~~. Electricity for premises to be paid by cS.' Gas for premises to be paid by Sewer charge to be paid by ~ Water consumption to be paid by n~ ~rash removal to be paid by ()~ Cable ~elevision to be paid by ~ ~ ~elephone to be paid by ~o/oer-rr- Resident agrees that Owner or Agent shall have the right temporarily to stop the service of electricity, or water, in the event of accident affecting the same or to facilitate repairs or alterations made in the premises or elsewhere in Owner's or Agent's property. Owner or Agent shall have no liability for failure to supply heat, air conditioning, hot water or other services or utilities when such failure shall be beyond Owner's or Agent's control or to enable Owner or Agent to service or repair installations. 6. Resident agrees to use due care in the use of the apartment, the appliances therein, and all other parts or Owner's or Agent's property, to give notice to Owner or Agent of the need for repair thereof, and to nav for all renairs to the anartment. fts contents and to all other narts of Owner's or Aaent's nroDertv ~hi~~ ~~e nec~ssitated bv anv act or lack of care on the nart of E~~!~en~. members of Resident's fami1v. or his visitors. Owner or Agent will make necessary repairs to the apartment and the appliances therein within a reasonable time after Resident notifies Owner or Agent of the need for repairs. ' RANGE: serial number REFRIGERATOR: serial number O~HER APPLIANCES: 7. Resident agrees that Owner or Agent shall not be liable for property damage or personal injury occurring in the apartment or elsewhere on Owner's or Agent's property unless the damage or injury results directly from owner's or Agent's negligence. 8. All residents aroe required to carry "renters insurance" for the premises with an amount equal or greater to the value of all personal belongings of the resident. Name Insurer amount 1. 2. 3. 4. S. . '0. b,0. V. IL(. &. :.P. 1/1 A, 1 1'1, Cr. e .p, 'b,\T V. /1/1 /I I " 6. 7. 8. 9. If, due to circumstances beyond the owner's or Agent's control, the premises shall not be ready for occupancy at the beginning of the term, this lease shall nevertheless remain in effect and the rent shall be abated proportionately until the premises are so ready, and Owner or Agent shall not be liable for delay 1 provided, that if the premises shall not be for occupancy sixty (60) days after said beginning, Resident shall have the right to cancel this lease by written notice delivered to Owner or Agent at any time after the ,expiration of said sixty (60)day.s, but not after the premises are ready for occupancy. Resident's remedy shall be limited to such right of cancellation, neither party shall have any further right against the other, save the Owner or Agent shall repay any deposits made by Resident. If Resident shall occupy the premises prior to the beginning of the term, such occupancy shall be subject to the terms of this lease, and Resident shall pay prior to occupying the premises rent for the same period' from the date of such occupancy to the beginning of said term. 10. If the apartment is damaged by fire or other casualty, Owner or Agent shall repair it within a reasonable time and rent shall continue unless the casualty renders the apartment untenantable, in which case this lease shall terminate and Resident, upon payment of all rent to the date the apartment is surrendered, shall not be liable for any further rent. If only a portion of the apartment is rendered untenantable, the Resident may, with mutual agreement of Owner or Agent, alternatively choose to continue in possession and shall thereupon be entitled to a pro- rata reduction in the amount of rent, provided that election to proceed under this alternative shall not be a wa.iver of the Resident's right to terminate the lease if repairs are not made within a reasonable time. \ 11. Owner or Agent, or any person authorized by him, with the prior specific consent of Resident, which consent shall not be unreasonable withheld, shall have the right to enter the apartment at reasonable times to inspect, make repairs or alterations as needed, to enforce this lease, and, after notice of termination is given, to show the apartment to prospective residents1 provided, however, that Resident's consent shall not be necessary in case of emergency. 12. Resident agrees to pay the security deposit set forth above prior to occupancy of the apartment. The security deposit shall be held by Owner or Agent as security for the payment of all rent and other amounts due from Resident to Owner or Agent, for the Resident's performance of this lease, and against any damages caused to the apartment or any other part of owner's or Agent's property by Resident, his family and guests. Resident understands and aorees that the secur,itv. deoosit mav !lot be aoo1ied as rent or !!g:!!in~t an~ .Qth~!, ~OUn!; !;!u~ from Resldent To Owner or Aoent w~~~out o~e~'s or A~ent's written consent. and that the month Iv r will e aid eac month. inc1udina the last month of the lease term. within thirty (30) days following termination of this lease and/or physically vacating of apartment, Owner or Agent shall return the security deposit, less any deductions from it on account of amounts owed by Resident to Owner or Agent, to Resident by check payable to all persons signing this lease mailed to a forwardina address which must be furnished bv Resident in writina. upon terminating of lease and vacating of apartment within terms and conditions set forth in the lease Resident shall return all kevs and all copies of kevs to Owner or Aaent's office within one (11 dav of such vacatina.' If keys are not returned within this time period, Owner or Agent will have the right to change the locks on the premises specified in the lease and charge such lock change to Resident. 13. This lease confers no rights on Resident to use for any purpose any of the property of Owner or Agent other than the interior of the apartment hereby leased, except the walks arid roadways giving access thereto and such other areas, if any, as Owner or Agent may from time to time designate for the use of residents. When the use by Resident of any other portion of Owner's or Agent's property is permitted, it shall be subject to the rules and regulations established by Owner or Agent. . 14. If Resident shall fail to pay rent, or any other sum, to Owner or Agent when due; shall default in any other provisions of this lease; or shall remove or attempt to remove his possessions from the premises before paying to Owner or Agent all rent due to the end of the lease term, Owner or Agent, in addition to all other remedies by law, may: (a) (b) (c) (d) discontinue utility service provided by owner; terminate this lease; bring an action or recover possession'of the prem\ses ; bring an action to recover the whole balance of the rent and other eharges due herein under, of whatever kind and nature, together with any and all consequential damages caused by Resident's default, including reasonable attorney's fees and court costs. 15. Resident agrees to waive his right to any interest on security deposits held by the owner. 16. Resident agrees that no pets shall be allowed on premises including visiting pets without prior written consent of the Owner. 17. Resident agrees that all security deposits as well as the right to take possession of the premises will 'be forfeited if Resident does not take possession of the lease apartment/house within seven (7) days of the beginning of the lease term. Pri?r arrangements may be made with the Owner in writing prior to the /l1.ftl. )). v: r/ first day of the lease. lB. Resident agrees to waive his right to a thirty (30) day notice of eviction and agrees that owner may begin proceedings to remove Resident from premises immediately upon notification to Resident in writing. 19. RESIDENT AGREES THAT HE WILL COMPLY AND PROCURE COMPLIANCE OF MEMBERS OF HIS FAMILY, AND HIS GUESTS WITH THE OCCUPANCY REGULATIONS WHICH ARE PRINTED HEREON AND WHICH ARE ATTACHED. 20. This lease is subject and subordinate to the lien of a~l mortgages now or at any time hereinafter placed ~on any ~art of owner's or Agent's property which includes the apartment, to extensions or renewals thereof, and to all advances now or hereafter made on the security thereof. Resident agrees, upon request, to execute such further instruments evidencing such subordination as Owner or Agent may request, and if Resident fails to do so, Owner or Agent is empowered to do so in the name of Resident. 'rB1:S AGREEMEN'r 1:S A LEGALLY BINDING CoNTRACT: U' YOU DO NOT' 1JNI)ERSTAND THIS AGREEMENT I PLEASE CONSULT AN ATTORNEY-AT-UWll 21. The term "Resident" used herein shall refer collectively to all persons named above, and signing this lease as Resident, and the liability or each such person shall be joint and several. Also signing on this lease shall be the parents or legal guardians of resident who by signing hereafter shall be liable, jointly and severally, for the entire lease herein. Notice given by owner or Agent to any person named as Resident or by any such person to Owner or Agent, shall bind all persons signing this lease as Resident. The term "Resident" shall also refer to any persons named as heirs, executors, administrators, successorS, or the respective parties hereto as if they were in every case named and expressed. WITNESS: .e/r:2 c--- P~.I~17_ r2~ Jiident --- L ~,:(/ tGh ~., (SEAL) (SEAL) ,4~~ALL (SEAL) ********************************~***~*****~*************** JrJ. L,..., (SEAL) Resident' ( SEAL) : ;ttfit'/. ( U.,j',v. p, .. ~ (SEAL) .................................................................. tM'1'~ //i../?, .11 A /1(2 0>-.,., _ v ~~ ~ r y_. <-(SEAL) Resident Ad7JltU- t . (SEAL) (SEAL) ............................~.........~...~..................... . ~~ C~ (SEAL) Re :i.dent (SEAL) (SEAL) ...................................:............~~[1......... ...::::::::i;, ~ <L..(SEAL) R~i:J'..i.dt::J1L O~ (SEAL) (SEAL) .................................................................. \ (SEAL) Resident ( SEAL) (SEAL) ................................................................... (SEAL) Resident (SEAL) ". ( SEAL) 'filLAiI },\rV' <.p H&' .', "'- - .. .,.'....._"" .................................................................. (SEAL) Resident (SEAL) (SEAL) Intending to be legally bound, and in consideration of the lease with the above Resident, the undersignedJjointly and severally, hereby become surety to Owner or Agent for the performance or the lease by Resident and guarantees payment of all sums becoming owing to Owner or Agent by Resident. This agreement shall remain in effect throughout the term of the lease or any renewal thereof. The liability of the undersigned is absolute, continuing and unconditional and Owner or Agent shall not be required to proceed against Resident or invoke any other remedy before proceeding against the undersigned. Owner or Agent expressly agrees to notify the guarantor in the event of breach or default. ' /VlJ;L P.T V. REGlJLJ\TIONS 1. No dog, cat, other pet or animal of any kind will be brought, permitted or kept in the apartment or elsewhere on the Owner's property, Resident(s) members of his (their) family, his (their) visitors and servants shall not at any time make any noise, do anything or conduct themselves in any way which disturbs any other resident or interferes with the rights, comfort, or conveniences of any other resident. Musical or sound reprodUcing instruments or singing within the apartment shall be inaudible outside the apartment between 11 o'clock each night and 9 o'clock the following morning. No resident shall place or permit to be placed or maintained any sign or advertising matter or device or any roof aerial or other structure in any window of the apartment or elsewhere in or upon the Owner's property. No resident shall place or permit prior consent or the Owner or Agent. Damage to storm doors and windows due to negligence will be the responsibility of resident. 2. 3. 4. Resident shall use plumbing and electrical installations only for their intended purposes and shall be fully responsible for the maintenance of same and for cleaning any stoppages in waste water lines. Maximum occupancy: No more than ~ ~~rson(s) will be 5. c.p ;tICr ..-._, , . permitted to occupy the apartment, such person(s) designated as 6. Resident(s) agree(s) that Owner or Agent may change these regulations from time to time as may be required to protect the apartment or owner's other property or add to resident's enjoyment of it. 7. Resident(s) are allowed only parking space(s) in apartment parking lot. Multiple unit buildings where there are a limited number of parking spaces shall be on a first serve basis. 8. No washer/dryer or dishwasher will be permitted to be kept or used at premises. 9. Trash removal on the exterior of the building shall be the responsibility of ALL resident(s). At any time which the Owner deems appropriate, an inspection may be 'made of the exterior of the building. Xf two (2) or more of any of the following items are found on the exterior, EACH resident will be assessed a charge of $5.00 which must be included in the following months rental payment. ~SXDENT(S) HAS (BAVE) READ '.rJIE ABOVE REGULAUONS. XNJ:'r:tALS ( ..) ( ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ,( ) ( ) ( ) ( ) ) \ " .0'.. c ~. ./l,'1 ;{'1. .' PRESENT TENANTS BATHROOM: NAME ADDRESS PHONE NO FORWARDING ADDRESS SHOWER BATHTUB SINK COMMODE TILES AND ACCESSORIES FLOORS WINDOW STORM WINDOW SCREEN TRIM WALLS CEILING DOOR INCOMING TENANTS INSPECTIONS REPORT LIVING ROOM: BOW WINDOW SCREENS STORM WINDOWS STORM DOOR TRIM FLOOR WALLS CEILING WROUGHT IRON STAIRWAY MASTER BEDROOM: WALLS FLOOR CLOSETS DOOR TRIM CEILING WINDOW STORM WINDOWS SCREENS DINING ROOM: STORM WINDOW SCREENS WALLS FLOOR TRIM CEILING 2ND BEDROOM: WALLS FLOOR CLOSET TRIM STORM WINDOW SCREEN DOOR KITCHEN: WALLS \ FLOOR TRIM CEILING RANGE HOOD FAN SINK CABINETS WINDOW SCREENS STORM WINDOW STORM DOOR BASEMENT: STAIRWAY LIGHT FIXTURE BASEMENT WINDOWS HALL WALLS STAIRWAY STEPS FRONT PORCH BACK PORCH SHUTTERS SHRUBBERY LAWN EXTERIOR LIGHT FIXTURES INSPECTED BY DATE /V1.A-1. c.f'. 1J . J"" i/ 1"1/ c... M-M. : ).\f'l/. () . . NotE: the incominq tenants ac>cnowledqe and aqree that there are no other damaqes to No other than the listed above. WI'l'NESSES SIGNATURE DATE LEASE IUDER HOVE-OUT COST SCHEDULE Cleaning and Repair Charqes If prior to moving out you do not clean the items listed below and leave them in satisfactory working order, the following charges will be deducted from your security deposit or owed to us if your security deposit is insufficient to cover the charges. You will be charged the listed amount for each instance in which a listed item must be cleaned or repaired. The prices given for the items listed below are average prices only. If Owner incurs a higher cost for cleaning or repairing an item, you will be responsible for paying the higher cost. Please note that this is not an all-inclusive list: you can charged for cleaning or repairing items that are not on the.list. Xltchen cleaning Bathroom Cleaning $30.00 2.00 10.00 40.00 10.00 30.00 Shower doors Toilet (s) TUb/Shower(s) sinks/countertops/ Cabinets $15.00 10.00 30.00 35.00 OVen Drip pans \ stove and vent-a-hood Refrigerator/Freezer Dishwasher cabinets and counter- tops Hlscellaneous Window coverings (drapes, blinds) Carpet cleaning Carpet repairs, Trash removal Wallpaper removal Painting Tile floors Holes in wall $50.00 100.00 100.00 60.00 150.00 2.00.00 25.00 75.00 Replacement Charges ...... ealll4-1- /(,A)()d!t':S ,6'4,b.2., /.' ~. 0 t.. ~~ 1')')'2. ." . ..: :"1, . . .Dl.f I r:;a" '5rr ~ . , . PRESENT TENANTS BATHROOM: . , ~.,:,:.: 01' ..:J...U'.;J d~.:....u"", .J..u...J ~~.o':O;;:j !:::l$ !)'pb.G!'.''..~C':: ':::; :,:,j't'!.t1ii!J:.t t:lt.!!:r':)::h!": 9!!':' : JTOH f:NAME~ ed:t nsrl:t -:t9rl~;J _ _u__ ____SHOWER I):! 0:1 l'!'lO!!C'"r, - ,rl1~ ADDRESS :!~/ F;.,.~I BATHTUB ...""tf.. PHONE NO SINK I"/.~/" d-',-,; 'ADtt:... ,/,.,/I",_5'~ k- -FORWARDING .ADDRESS . ~,~lJ'\'....i'l&J ra .COMMODE ' ::>,;If::>~':fWT'n4 TILES AND ACCESSORIES _1Mt1:~ *M.~J!L~e:M:f' FLOORS ' WINDOW STORM WINDOW SCREEN LIVING ROOM: Eaa~-;! ',:'.:,TRIM , _d ....c . WALLS BOW WINDOWc..niC.e... i<J"~~.~'~'f'''?T-') 'CEILING' SCREENS 6.A <-~ ~!2.~ ,'L A?;..I:ht-,~ DOOR STORM WINDOWS ~o!( . IS":':'''';': ':l..tll:~';' ens l:;;";:~-,>r~ STORM DOOR IJk . ~STER BEDROOM: "'TRIM :Ja~2LJ. ~J:.':;: J~ ~n.:: r:'=;':.9.1.0 ::=:t c,b uo'! 3:JO t?lt.!voa o:t. "Iol-::q :!' 3FLoOR9".r6:itfPU"I...,.,,...-';';.,: ,.l;J.:J:LC ':".t: i:~"::o'J WALLS ;:r~!j' .tl5:. 1~1 ~:~:-f:t n', ~r. ~ nr-~ 'IwAtLS~ ~" OJ L.~"""'.J 'J ,.) J'':'~,I,J(I~'::' ,=~.:':~:.r:FLOOR IV r!"l':".'.~ rJ~~Ol::Hah "",':: , j ..~. . !!'CEILINGc.-+7Q'~," fA 0.""7 ,(~~ frf/),"'~.x:!- :t:'l cto.SETS '/JAM.' ~_uS,lt.r;d,,'o/"S'-''''' . .' :JlWROOGHT .IRON'.STAIRWAY ,~,:_"-, 'L If.,':!,. DOOR -.; or::; ""':'~f' ,,~':' i","~""''' b!V~f\'lt/iitt,!-6p";e;-ee7a.,.,'",~L.'1.:'J-':"!? ,;>"':'TRIM .-... - "0 v_,.," ,., .,....,... . ...'?DINrNe;....ROOM:.tf tj :;....:;~;"!! "::\!':'..:" or! .CEILING' :......, r..~r-.-..'..., .,-.--.; ~:J" 'C"~f I?nL'it;q .".10:> :'fLt11::'::lio=;:;,r.:: 0': :~:"7 I/?'[ \'WINDOW;"~;"..o'p""~,"e.'e1"l:',~":ar-, .. STORM WINDOW STORM WINDOWS .:tw,,., "''l'{'''':' ..,.'- SCREENS SCREENS . riWALIS'" ; J4...1. 9'JJ:"WJ.Oll..;-...J.fi i'!:!l :10:, ~/I1lri(Y'/J~J:r'''SfiJi:t: 'Atu;d.r;,.A......tA.y> .J'4~L<:. .'FLOOR .~.' ....J ~'O.d ::)"L::i oJ:;....J o;u::::..~l tl.-:~:..:2ND BEDROOM:t~ii1;a"";r:J::: !.'~:;i~!:~= . ,TRIM .... . CEILING . '. .... ., INCOMING TENANTS .INSPECTIONS'~a REPORT ;~:",,~:".._.. .\-....~:.:~J.lJ,.:. WALLS I:?'''.' "'01/. .I".t..-s FLOOR' I ',. ..... .,1" .', CLOSET "",,";'1'7"""'- hn/p :.. "...,/,,~~i:v:; TRIM '""~ . . '.".t' .~/ "". STORM WINDOW i,. <;(4... /.>'7...#. r.,~~tt SCREEN .......c~. ._..,...~:,..I '0' 't ".~'~-~ DOOR '. " .." "... ,,- .... ..,.. '.,;: ..)rj ,I.: ~ :::1i~::' z:":~~.:a - '. KITCHEN: .~.~t.;..~., ,,:,:~,",Jotf2 ,",\"... :: 'J":' 'JWALLS " .. FLOOR TRIM :: CEILING RANGE HOOD FAN SINK CABINETS WINDOW SCREENS VI)."C:": STORM WINDOW': li J.' STORM DOOR'" .l:V ~ (;v .I~C . . '\0 ';-'_ :INSPECTED BY "" DATE ').:, .', '. .. " .' I ; . . ~ .. ~ ! ~~ " ,'~: ~ :"r;:.~c~ b~ "'i ~ :~~Il- ~ -::.-5:) :<: .cr BASEMENT: ,J. .' (, STAIRWAY ,",': 'c::,~l~;!"'LIGHT FIXTURE , BASEMENT WINDOWS .n.:1. ,.,)Voo,wQcnlN : . :..,,,;! ~!l ,~1)qs,:I:.BALL WALtS Of; LI.s!)Ib:.~9'~STAIRWAY STEPS ;:.,' r'.; ;;)':: ,:tcq':!;FRONT PORCH " ....wc:;:~:: r:::l.s~BACK PORCH Jree(/ ~/J'''''' ".fe"_ ~'."~!T?-~-; ,::=-;.~~q':.!Sl'tu'J.-.L',t;K5 l?rt!:1nlISHRUBBERY ::: ',00::: =L:T . _ ,':~." ::.: ~~ ~"LAWN '. EXTERIOR LIGHT FIXTURES ~-:i=.:r :'tC'''''-'~3:1~ :.2th~!..I."':":' .~:.J';j5t fl_!j!f/'!~& (- . . NO'rE: 'rhe incoming tenants acknowledge and agree that there are no other damages to No other than the listed above. WI'rNESSES SIGNATURE DATE ,- LEASE lUDER HOVE~OUT COST SCHEDULE Cleaning and Repair Charges If prior to moving out you do not clean the items listed below and leave them in satisfactory working order, the following charges will be deducted from your security deposit or owed to us if your security deposit is insufficient to cover the charges. You will be charged the listed amount for each instance in which a listed item must be cleaned or repaired. The prices given for the items listed below are average prices only. If owner incurs a higher cost for cleaning or repairing an item, you will be responsible for paying the higher cost. Please note that this is not an all-inclusive list; you can charged for cleaning or repairing items that are not on the list. Xitcben Cleaning oven $30.00 Drip pans \ 2.00 stove and vent-a-hood 10.00 Refrigerator/Freezer 40.00 Dishwasher 10.00 cabinets and counter- tops 30.00 Batbroom Cleaning $15.00 10.00 30.00 Shower doors Toilet(s) 'l'ub/Shower(s) Sinks/countertops/ Cabinets 35.00 . Hiscellaneous Window coverings (drapes, blinds) Carpet cleaning carpet repairs 'rrash removal Wallpaper removal painting 'rile floors Holes in wall $50.00 100.00 100.00 60.00 150.00 2-00.00 25.00 75.00 Replacement Charges . . : . . . - . . If any items are missing or damaqed to the point that they must be replaced when you move out, you will be charqed for the current cost of the items, plus labor and service charqes. A representative list of replacement charges is provide don the next page. These are average prices. If Owner incurs a higher cost for replacing an item, you will be responsible for payinq the higher cost. Please note that this is not an all-inclusive list; you can be charqed for the replacement of items that are not on the list. window qlass Patio qlass doors Window screens Patio screens Mailbox keys (lost or not returned) Door keys (lost or not returned) Fire extinguisher (1-1/2 lb. size) Ice trays crisper covers Refrigerator she1ver/ racks Disposal Mirrors (bath) Doors Light fixtures Light bulbs Countertops $150.00 150.00 35,00 100.00 25.00 35.00 35.00 3.00 15,00 30.00 65.00 60.00 100.00 50.00 1,00 250.00 \ ()()()( )( Please initial above ) ( ) ( ) ( ) ( ) 0.. jlil-)i1. Co p. )YV It.! / . t. { 0,... HISTacounT Exhibit B No. 6303 FREEHOLD ENTERPRISES 1442 TRINDLE ROAD CARLISLE, PA 17013 717-243-3000 SECURITY DEPOSIT June 24, 1993 Daniel Voge1man 7018 Charles Street Philadelphia, PA 19154 . . .., .,~, " i:.~-~j: Your security deposit is held to reconcile any balances due after vacating. An itemization follows below: Security Deposit Paid LESS: l. Unpaid Rent 2. Unpaid Late Charges 3. Damages at Move Out Total Damages $3,574.22 See attached report 4. Unpa~d Utilities 5. Key Charge (not returned) 6. Miscellaneous TOTAL DEDUCTIONS: AMOUNT TO BE REFUNDED: AMOUNT DUE ON ACCOUNT (NET 15 DAYS): $225.00 $ $ $893.56 $ $ $ $893.56 $668.56 If the amount due on account is not paid by July 15, 1993, charges will be filed with the local District Justice. If you have any questions, feel free to contact the office at the number above. ,. ',......--,. PREEHOLD ENTERPRISES 1442 TRINDLE ROAD CARLISLE, PA 17013 717-243-3000 SECURITY DEPOSIT June 24, 1993 Michael Green 12741 Dunks Perry Road Philadelphia, PA 19154 Your security deposit is held to reconcile any balances due after vacating. An itemization follows below: Security Deposit Paid $225.00 LESS: 1. Unpaid Rent 2. Unpaid Late Charges $ $ 3. Damages at Move Out $893.56 Total Damages $3,574.22 See attached report 4. Unpa~d Utilities $ 5. Key Charge (not returned) $ 6. Miscellaneous $ TOTAL DEDUCTIONS: $893.56 AMOUNT TO BE REFUNDED: AMOUNT DUE ON ACCOUNT (NET 15 DAYS): $668.56 If the amount due on account is not paid by July 15, 1993, charges will be filed with the local District Justice. If you have any questions, feel free to contact the office at the number above. .4 FREEHOLD ENTERPRISES 1442 TRINDLE ROAD CARLISLE, PA 17013 717-243-3000 SECURITY DEPOSIT June 24, 1993 Christian Pass 5480 Monocary Drive Bethlehem, PA 18017 Your security deposit is held to reconcile any balances due after vacating. An itemization follows below: Security Deposit Paid LESS: 1. Unpaid Rent 2. Unpaid Late Charges 3. Damages at Move Out Total Damages $3,574.22 See attached report 4. Unpa~d utilities 5. Key Charge (not returned) 6. Miscellaneous TOTAL DEDUCTIONS: AMOUNT TO BE REFUNDED: AMOUNT DUE ON ACCOUNT (NET 15 DAYS): $225.00 $ $ $893.56 $ $ $ $893.56 $668.56 If the amount due on account is not paid by July 15, 1993, charges will be filed with the local District Justice. If you have any questions, feel free to contact the office at the number above. FREEHOLD ENTERPRISES 1442 TRINDLE ROAD CARLISLE, PA 17013 717-243-3000 SECURITY DEPOSIT June 24, 1993 Gerard Curran 341 Fort street, Apt 1 Shippensburg, PA 17257 Your security deposit is held to reconcile any balances due after vacating. An itemization follows below: Security Deposit Paid $225.00 LESS: l. Unpaid Rent 2. Unpaid Late Charges $ $ 3. Damages at Move Out $893.56 Total Damages $3,574.22 See attached report 4. Unpaid utilities $ \ 5. Key Charge (not returned) $ 6. Miscellaneous $ TOTAL DEDUCTIONS: $893.56 AMOUNT TO BE REFUNDED: AMOUNT DUE ON ACCOUNT (NET 15 DAYS): $668.56 If the amount due on account is not paid by July 15, 1993, charges will be filed with the local District Justice. If you have any questions, feel free to contact the office at the number above. DAMAGE REPORT 341 FORT STREET, APT 1 SHIPPENSBURG, PA JUNE 24, 1993 STORM WINDOW REPLACMENT $2,095.00 297,70 (40\) 217.52 (20%) 190.00 208.00 116.00 150.00 l25.00 175.00 $3,574.22 900,00 -------- 2,674.22 MAINTENANCE/CLEANING HOURS MATERIALS FLOOR REPAIR-KITCHEN (TOTAL BILL $543.80) FLOOR REPAIR-LIVING ROOM/BEDROOMS (TOTAL BILL $949.98) SCREEN DOOR REPLACEMENT SHOWER DOOR REPLACEMENT IS BATHROOM TRASH REMOVAL REPLACEMENT OF BRAND NEW BATHROOM DOOR TOTAL REPAIR COSTS \ LESS SECURITY DEPOSIT BALANCE DUE REPAIRS COMPLETED: Kitchen 1. Crisper tray in refrigerator had to be replaced 2. The stove is chipped and a piece from the handle had to be replaced 3. The cupboards had to be repainted 4. Kitchen floor had to be replaced 5, Knobs had to be replaced on shelving 6. Reinstalled old light fixtures 7. Framing on back door broken 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12, ,,13. , 14. 15. 16. 17. 18. Livinq Room Carpet had to be removed; hardwood floors redone (Same Price as replacing Carpet) Screen door ripped off Front door was kicked in Peep site in front door was gone All outlet covers had to be replaced Light fixture had to be replaced Post missing for shelving doors. Replaced post and installed new hardware. Hol es in drywall Thermostat was tampered with, cover had to be replaced All sliding doors were out of track Horizontal blinds were bent (billed for 20\ of value) Thirteen ceiling tiles were damaged and three had to be replaced Ceiling fan had to be repaired Broken window Screen was torn and had to be replaced Frame on storm window was bent Front porch and vinyl siding had to be cleaned-very sticky from beer and vomit. Ceiling needed painted Rear Bedroom 1. Hardwood floor had to be refinished 2. Trim and door were repainted 3. Storm window wa~ destroyed 4. Closet doors were put back on and all hardware was replaced 5. Ceiling had to be painted because of drawings and foot prints 6. Broken light fixture was replaced 7. Nail holes in wall 8. One outlet cover had to be replaced Front Bedroom 1. Closet doors were torn off, had to be reinstalled 2. Two broken mirrors were replaced 3. Lamp shade was missing 4. Two ceiling tiles were damaged 5. Floor had to be replaced 6. Large hole in door had to be repaired 7. Nail holes in wall 8, Lockset partially missing '* . , - ~",' , -- Bathroom 1. Shower doors were torn off 2. Complete cleaning 3, Shelving for bath supplies were ripped down and missing 4. Rebuild shower kit 5. Brand new bathroom door was torn off Hallway 1. Light fixture in hallway was replaced Basement 1. All trash was removed \ : .... . ::'''';''''-::.-' -_.~.-' . _ ..'__' _._.4~"'._". , . .. .......-....-...-..--. SterIID I REAUYGROUP g ~e Road . ~A 17013 CO)()IERCIAL RI!AL !STAlE RESIDI!NTLU. RI!AL ESTAlE PROPERlY MANAGEMENT '--- '-~ ;,,....,,'0:.;::.. - . . ... :'::--"-'~..h...~ ,ct1.-:, o..;j-- .' ....c"~.. _ ......:;...4:=-~_ . ',..("- ..(, .....,.". :..j "::J'" /' ' '..J '-;":.'~ _ _' .."Z"'3 V ~ ..'.: - ;> 9 - ~ $ 'I I -..... - J.... :I.:....~ ..::.~..~J]J ~ ,. MI!.'(~'H:P --- 502,)67 lu.!t i:'~$';"C , MICHAEL GREEN '12741 DUNKS F~RRY PHILADELPHIA, PA ROAD 19l54 ,. . . " '. . . . ...-.'...--'- ..-..-.-- . . :...;,. ..'; .:";':- ;.:- ...._..---_.--~.~...,.;.~........ .:......... .:' .......~.-...,..^....:~.......... ...., ; _..;.....~,..,.!.:.::.;;......!...... .'10,. ......~.': .~.. " ~" ..~. terIlll" REALTY GROUP g COMMERCIAL RI!AL E5TAlll RESIDE.Vl1AL RI!AL E5TAlE PROPERlY MANAGEMJ!NT I '~~..:~C~-:i',:,-:,~ Jj~~ ~::;'''7.;:.~:~..i.:::~: ......' - ..,:, ~ '..,..... ,,' ,.' :.. . {~ :. ~ ... <~. .' I' \ ...,. .' . - ""I - .. ",:Ii ,"U I ~ 4:." .. .' "'"! - .. . . -' - . - I' "'" ~ ~..-/~;~::;;:H.;-:::-::".,.,-;:!: . ::U..;,hll ii._.;.....:.;....'......::.;;:J., \ CHRISTIAN PASS 5480 MONOCARY DRIVE BETHLEHEM, PA 18017 ,.,,-----_. '. ., 'lt~ )~r!Wg comlERCLlL HB.IL RST.lTP. IUlSIIlRNll.lL IULIL BST.lTP. PMOI'IIRlY .IWL\OB)IBNr ... - ... ......J. \ ~ .,.. ,.. -, -=:.J . '~-:.~.. "'~":rc..~'i d,~;~===- . .."~~.... ':'; ....-r......~ __. ."'" - .,("' ....~ ." . (.' )' -~. f.::, . . - -'. _ __J. '.U,1ZI'7J ':~ ..' ~/'I - 2 .:l _ . . .~... ..~. '''I.. -f ' _ ... , .. '';, ....... '. . ~i;" ,j' .. '- p~ . .~ .:r.~" I._~__ . ~ SI.l2:!61 Ii:.:'). :..,:..::r'~,C:l: 'GERARD CURRAN , 34l FORT STREET, APT 1 SHIPPENSBURG,: PA l7257 , " COmlERCIAL IUW. EST.\TP. IUlSIDENTlAL IUW. EST.lTP. PROI'IIRlY )\.I.'.I02.\IENr : ._~"..._~, ,,,:,--':oov;..;-.:::t.:.;__..=.J" "..., ,L :.... '.i,,(\ ;~:~"__~>:~; -_...' ~..~.-!. IN}"')) , ' _" ,'. _ . ..... _ t, .. ..' " -.'. "- ! I . . . ...E...~ ,. ;~~'~':;'.i !!~":~':,~.~~~;~"~~. :~! :~ DANIEL VOGELMAN 7018 CHARLES STREET PHILADELPHIA, PA 19154 \ r .......... '- ~ ~ I' ~~ ~ ~ ~ . ~~i~ 01 w :.... -I- ,i== r~'~ : :0 :_ . J: : 0: : I- ~~~p~ . . 0.. . . . . . .. . ., : . ~,: ' . ., ;~ ~ : ~o . '~ ., . .. , .. , . . . a; . \,\ ~, ~ ',:"i' ~ \r\ ~,'" ~.,.} r... ~!l; ~ ~.l\.-.H.:I a" ~ {, ~..; :-1 ~ '-,:' ""i'.; - '.~. - ~? ~ ~~~~ oil .. ~ iHI ~;~~~ li!!l!~;S:; Bl~~;::E ~O(a~ ~ . /- ....,. ''')'',~ rtw\plud\aJlcr.pra 11tbnwy 1, 1994 REAGER & ADLER, PC BY: JOHN J. MCNALLY, m, ESQUIRE Attorney 1.0. No. 52661 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 FREEHOLD ENTERPRISES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 211 CIVIL 1994 v. MICHAEL GREEN, DANIEL VOGELMAN, CHRISTIAN PASS and GERARD CURRAN, Defendants PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint filed January 19, 1994 in the above-referenced matter, Respectfully submitted, By: Jo u re At 2331 arklt Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Counsel for: Plaintiff Date: February 3, 1994 "::0- en - :z: -..: .... N ?;>- ..,'- '4.~: ;:~ -, ~_ri -l' :-:: ~~ (l~.; .' - - - co .... ....... 'i'.J ,. ~-(.., '.::;} N ~~!H~ ~!;(~~lil ~~~~~ ffiil!$;;!~ ClQ:i:ct; ~~a~ , FREEHOLD ENTERPRISES, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 211 CIVIL 1994 MICHAEL GREEN, DANIEL VOGELHAN, CHRISTIAN PASS, and GERALD KEARN, Defendants PRABCIPB TO QUASH COMPLAINT TO THE CUMBERLAND COUNTY PROTHONOTARY: Plaintiff's filed a complaint on January 19, 1994. The complaint was filed as an appeal of a District Justice judgment dated December 2, 1993. A copy of which is attached hereto as Exhibit "A". Tl1is complaint violates Rule 1002 of the District Justice Rules of civil Procedure. Thus, pursuant to Rule 1002 of the District Justice Rules of civil Procedure, the Prothonotary shall not accept an appeal from an aggrieved party which is presented for filing more than thirty (30) days after the date of judgment without leave of Court and upon good cause shown. Therefore, please quash Plaintiff's complaint and dismiss it from the record with prejudice. Date: ! 'I t-, Il'l\llI(1 'J, I'i (Iff Respectfully SUbmitted, MANCKE, WAGNER, HERSHEY & TULLY By \ :.~) ,( / I /1}/,7( /;rlc,- DAVID R. BRESCHI, ESQUIRE ' Attorney ID # 59001 2233 North Front Street Harrisburg, PA 17110 717/234-7051 Attorneys for Defendants Michael Green, Daniel Vogelman and Christian Pass ','e;::I;~t!"t COMMONWEALTH OF PENNSY,' '~NIA , COUNTY OF: CUMBERLAND NOTICE OF JUDGMENT/TRANSCRIPT trMg,OitL No: ~. . 'f 09-3-0l OJ.NIIM: lion, : DONALD W. DAIHL Add....: 81' 'WALNUT BOTTOM P.O', BOX 361 SHIPPENSBURG, PA T.~"",,: (717) 532-7676 PlAINTIFF: NAME .n. AOOAESS ~REEHOLD ENTERPRISES l442 TRINDLE ROAD CARLISLE" PA 17013 L ..., -I 17257-0000 DEFENDANT: NAME end AOOl1ESS rvOGELMAN, DANIEL, ET AL. 7018 CHARLES ST PHILADELPHIA, PA 19154 L Dockel No.: CV-0000192-93 Dale Filed: 8/04/93 VS. .., -I CHRISTIAN PASS 5480 MONOCARY DRIVE BETHLEHEM, PA 18017 THIS IS TO NOTIFY YOU THAT: o Judgment was entered for: (Name) o Judgment was enlllred against: (Name) In the amount of S on: (Dale) o Damages will be assessed on: (Date & Time) o This case dismissed with prejudice. [!] This case dismissed without prejudice, Possession granted. Possession granted If money judgment is not satisfied within thirty days. TOTAL $.00 $.00 $.00 $.00 $.00 ... .......'.9. o o o Possession not granted. o Levy Is stayed for days or 0 generally stayed. o Ob]eCtio~ to levy has been filed and hearing will be held: .Dat"e:..'~'"\'" '.. ,'.. .... '"." Place: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Time: .'.-' ., ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS OF THE DATE OF JUDGMENT BY FlUNG A NOTICE OF APPEAL WITH THE PROTHONOTARY I CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. (-.. " ~...:.~,,~ " ,/.Q.~..;I~d Date" '. ..,T. ' ",llt,DistrlctJUStlce , certl~ tii~t it~IS'IS a true and correct copy 'of the record of the pr9si;d(nij~ ~~~~~i~.ihg ~~)Udgmenl. . . . .- . ,., ,.1.. "'. <If'>:'-; I '!J. ~. 9 ~Date i ;' , Di~trlct Justice , - ~ . My commission expires first Monday of ~anuary, 19 r;~ \, '~"" '. ..,: SE~~"t .., "-.0......" ..... !lh...' . "'~~' .,~"~~,, AOPC 315-93 Exhibit "A" -::r en -f (>", \-:1.) "" ::~ a: w Z ell;; ~ <l: ~ ~ .. ~ ~ g .. i ~ I .. g 3 <l: ~ ~ ~ W ~ .. !Q ll' ~ a: a: U1l .. Z N :t <l: ~ WE DO HEREBY CERTIFY THAT THE WITHIN IS A TRUE AND COR- RECT COPY OF THE OfUOIHAL FILED IN THIS ACTJON BV LAW OHICfS ~"""'''''IoI01'lF1f:O'O'U A w.unllt l'tU~O"'1l '0 '"r ."""". WItHIN 'W'If'" 1101 0....... '11I0" MlIV1Cr ...lIIor 0" A JUOQtollltJ ""II'h'T1"D~"OU If __-....~y____ MANCKE AND WAGNER ATTORNEY Freehold Enterprises vs Michael Green, Daniel Vogelman, Christian Pass and Gerald Curran In the Court of Common Pleas of Cumberland County, Pennsylvania No. 211 Civil Term, 1994 Reinstated Complaint in Civil A~tion Law and Notice R. Thomas Kline, Sheriff, who being duly sworn accordin9 to law, says he made diligent search and inquiry for one of the within named defendant, to wit: Michael Green but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Philadelphia County, Pennsylvania to serve the within Complaint in Civil Action Law and Notice according to law. PHILADELPHIA County: NOW FOUND as to Michael Green, the above named defendant, within the County of Philadelphia, State of Pennsylvania as of February 9 ,1994. So answers, John D. Green, Sheriff by John Lorimor #406 Deputy Sheriff. Philadelphia County return hereto attached. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made diligent search and inquiry for one of the within named defendants, to wit: Daniel Vogelman but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of philadelphia County, Pennsylvania to serve the within Complaint in Civil Action Law and Notice according to law. PHILADELPHIA COUNTY: Served and made known to Daniel Vogelman Defendant by handing a true and attested copy of the within Complaint issued in the above captioned matter on February 17, 1994 at 3:40 o'clock P.M., E.S.T.. at 7018 Charles Street, in the County of Philadelphia State of Pennsylvania, an adult member of the family of said defendant, with whom said defendant resides, who stated that her relationship to said defendant is that of Mrs Vogelman, Mother. So answers: John D. Green, Sheriff by Richard McGuire #403, Deputy Sheriff. Philadelphia County return hereto attached. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made diligent search and inquiry for one of the within named defendants, to wit: Christian Pass but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Northampton County, Pennsylvania, to serve the within Complaint in Civil Action Law and Notice according to law. NORTHAMPTON COUNTY: Northampton County return hereto attached. R. Thomas Kline, Sheriff. who being duly sworn according to law, says he made diligent search and inquiry for one of the within named defendants, to wit: Gerard Curran but was unable to locate him in his bailiwick. He theretore deputized the Sheriff ot Philadelphia County, Pennsylvania to serve the wtihin Complaint in Civil Action Law and Notice accordin9 to law. PHILADELPHIA COUNTY RETURN: Served and made known to Gerald Curran Detendant by handing a true and attested copy ot the within Complaint issued in the above captioned matter on February II, 1994 at 11:30 o'clock A.M., E.S.T., at 4225 Cottman Avenue in the County of Philadelphia, State ot Pennsylvania to Gerald Curran the aforesaid detendant. personally. So answers: John D. Green, Sheriff by R. McGuire #403, Deputy Sheriff Philadelphia County return hereto attached. - ~~- .....-.........<. *......~.~:.i Sheritf's CostS: Docke tin9 Mileage Surcharge Out of County Phila Co. Northampton Co. So answers. 26.00 l1. 76 8.00 10.00 138.00 35.00 228.76 R. Thomas Kline. Sheriff Pd. by Atty. :1-7-94 Sworn and subscribed to before me this 'i! day of 7llJu,"'" 1994. A.D. ,J,,,.. 0. 'Ji0c....... Af;,oc, ~ I Prothonotary' I SHIIRI.....S RETURN - SUMMONS/COMPL.AINT . d;w-lud il"'-/i14i;<:> ~ i!ft",J'Voyd ntM>- COMMON PLEAS NO. COUNTY COURT TERM. 19 NO. FJ:J :;.-,8 ~ tJ .; SERVED AND MADE KNOWN TO jj~ J~~t~ ~ the within Summons/Complaint. issued in the above captioned motter .19 f/ ,atl.. q. 'f'o o'clock, LM., E.S.T.lD,S,T. )'LDefendont o Defendant Company by honding a tru and attested copy of on , in the County of Philodelphia, at ?nt Stote of Pennsylvonio. to o (I) the aforesaid defendont. personally; Ji1 (2) on adult member of the family of said defendont. with whom sa' his/her relationship to said defendant is that of o (3) on adult person in charge of defendant's residence; the said odult person having refused. upon re- quest, to give his/her name and relationship to said defendant; 0(4) 0(5) 0(6) the manager/clerk of the place of lodging in which soid defendant resides; agent or person for the time being in charge of defendant's office or usuol place of business. the ond officer of soid defendont Company; ~'[l ~\)",<:O.i1);O 5WCR:-i 10 :~B 2"8__~~~_ u~y ~c~orc '~i -: \h1~ -_.-._-_.,~.. So Answers, JOHN D. GREEN, Sherif( 0\ .'tI 410 By:_fl,l~ )r;v1u~ t>c/>ut~. Sherilf ."N;l:1;yFI.i'w:IC t ~"lnl;"'~ ~;'-..;~l ~>l'O{\-l;':l" ~~ ~ NlJt ~"'r,'..Jdl.;;;:~.t fl,.t.;";)'I,,,~..~/~ ltvCO(l\I1v:..-'A)I,F~l'll'$"'- . 'w'r 01: ",u6 .'h..t""l~)'!\"A\A.~ 12.38 (R.... 1:;1/87) 1. 2. 3. 4. s. COUNTY or NORTIIAHPTON SHERIFF'S DEPARTMENT aBTUlUf,OI'. ~~UC1l EASTON, PENNSYLVANIA 18042-7483 Case I: 2 11- LI",..t TMM It?V TYPE OP SERVICE: [ ) Amended Complaint [ ) Attachment Execution and Interrogatories [ ) Attachment Execution, Interrogatories, Notice, Hajor Exemptions , Claim for Exemptions [ ) Citation, Preliminary Order and Petition [ ) complaint Against Additional Defendant ( ) Complaint Joining Additional Defendant ~ Complaint in Civil Action. ( ) Ejectment ( ) Equity [ ] Declaratory Judgement [ I Handalllua [><) other. l.1 t~J Complaint in Divorce Involuntary Termination of Parental Rights, etc. Joinder Complaint Hechanic's Lien Notice, Pro Se Preliminary Order , Petition for Temporary Order-protection from Abuse Order of Court and Complaint for Cuatody Praecipe for and Writ of Revival Reiasued Writ of Summone Subpoena Summone in civil Action Writ to Join writ of. [) [ ) [ ) Hortgage Foreclosure Quiet Title Reinstated and Summons Summons Summons - Equity Possession Execution in Personal Property Execution in Real Estate 6. ( ) Other. Name of Individual: r--://J r f-"S'YIIJ I.) Individually and Trading As: Date: L/Z C: , 19 YiLt Location of serv!ce: ~ iJ /l-:(J I"v () c: I? /f'~ [ ] Borough of [] c~ty of [~TOWnshi Served in the following manner: [ ) Defendant personally served ()<.] Adult family member with whoal said defendant resides. Relationship is ,.", ail,- eo r I ] Adult in charge of defendant's residence. ( ) Hanager/Clerk of place of lodging in which defendant resides. [ ) Agent or person in charge of defendant's office or usual place of business. [ ) and officer of said defendant company. [ ) Other! [ ) Not Found (complete .Unable to Locate. sect10n below) Unable to locate: ~hg Northaapton County, ..nn.ylvanl. C_pl'tl011 of \hll ..cUo.. i. ..1:"'lOl, Ind .~.l be <:0&"..111 r.., all "'11'''' ON.:>' ,..".:J." I. .~r.r talepho'" e.U. to h'.ackU', ,..t-dlac, IH/or tN'UIIII A. Check of tll. "nd\ ~UUnl IhU I 1"1 I I N, .. CII-.::k of u.. "~lth"rtCIII C,,"ntr pn'GII lr.-.t. han I I hi ! t "" C. ....ber ,,' I""F" to l,,~.t. dd,"dlllt .t 1u' """""11 _Jill'" 1. 0." . Tl'" ). Dlt., T~'l J. Dat... 'la-I ., DIU' 'n... 1. DU, L Tl." ,. Dat. , T..., 5, O.t. , TUMI' r, TI1.plIofl' call to d.r'fldallt', ...,10,.,. hta' TlAI' G, C\eclr. vHb hll.flOCT '<If d.r.lld.fIt', Oper.tor" Ll~'"" .ad 11 lAY adot,... cheA," 1. O.t. , t.... l.D.t,'t.... t. D.t., n.., '.D.t"t.... '.D.t"TU.' I I'" I 1110 __Add...., D, CIla.clr.ad"'lth ,...t Ollie. to ,..., deh"d.ll.t 1:1.. .::h""f-J hUfll., .'.1.1..... 1.11n.ct..-:_.j, I. Otll.1' '''_pte to l~.t. "'hMut. 1, A..U.... ~r.ul""~ I I 1'.. I I Ito L II ye.. n_ .JiI.... SO ANSWERS: L I' /I! ....., m." ....". ~:~~~~:~"U~~.. :~,~~~~ ..._.... n.. U"'" " ~'./ A./ /~. .000'...... ...." .1 ... ".....1.,....."., ... I ,...., mUl, u.. I - .......... ..... u, <...... ----- ...~~r._,~ .......'11< ...... II.'~." c.- ....,......11'= ...., / .......,....... ,.'" n. "'''10''''''''''' ",.~."" "",., ...". SHERIPP'S RETURN - SUMMONS/COMPLAINT . f- J,J 3 :;,) - cy (( ('R",,,,, J,~, d ~Ivr""i: ~(5t:J COMMON PLEAS NO. CP_ fue, u _ C.,.l. I { COUNTY COURT '/ -, VERSUS TERM, 19 Cf (( ~ R~(J c V ~ IV\t.. NO, SERVED AND MADE KNOWN TO G 0 ~ Il ) J ~ Defendant D Defendant Company C()RRI\Iv by handing a true and attested copy of the within Summons/Complolnt. Issued In the obove captioned matter on (:, b ( / 1,. . 19 cr l.( . at /I ~o'clock, J1 M., E,S.T.lD,S.T. at U )..)5' Cd jtn1!3it /J V k , In the County of Philadelphlo, State of Pennsylvanlo, to .k..J:; f? IJ L J. C u e (2 A ~ ~) the oloresald delendant, personally; D (2) an adult member of the family 01 said delendont. with whom said defendant resides, who stated that his/her relationship to said delendant Is that of D (3) on adult person In charge 01 delendont's residence; the said adult person having refused. upon reo quest, to give his/her name and relationship to said del"ndont; D (4) D (5) D (6) the manager/clerk 01 the place 01 lodging In which said defendant resides; agent or person lor the time being in charge of delendant's office or usual place of business. the ond officer 01 said delendant Company; S"l.....-.... To. 0' ......, ..; ,'_1 ./;.~.j') :';'_ :.......,...... b~;".. ' ,,\. 'FEB" 2'8'" '" ',"'..:".1 ., . . ,.' 1994 .... . '.. ..... ~ .i... r.f ..., 'A' 7J, P'I:' iF, '. ',. ~lJj --." '. -. i~~~,:,.', :.t;" / So Answers, JOHN O. GREEN. Sheriff By: i? In(~ I I~ r:;, -Ii ifV' 3 Deputy Sherill 12,38 (R.,. 12.117) NolariaJ ~B.1""'., Nic """"-11n PI ' CotJ'lfV r.ty~~.m.4"004 . AssiXiiiiiii d ~ , .." ':\ '". ~j" ..... ... . SHERIFF'S ~ETURN - NOT FOUND (-"((Fe l'\Ill /Sv"tN m,'jt: ~ COMMON PL EAS NO, D 0,11.(-./ r- ;' 'I COUNTY COURT Co' - '- v'" VERSUS TERM, 19 C( (( NO. (J -) );} ;) y- '7 I( yY1 ,ell (>1'2 L GRf'=kJv FOUND as to nJ{(h~fi (;12 {P/L . ~ -. II daat, within the County or Philadelphia, State or PennRvlvanin, as or ~~ . "l:~ "z ~.:,. J-J~i~ I': ~ -i!..'")'\( .. 0:'':; '1 ~~' ,.' -', ~ "-0" , ,:,", ~ - ~{;L' '""" ~. - ~. 12.22 . R.., 12/871 '"). 7' , the above named ~'!t/ I SWCR;'~ TO Ai' 'D SiJ:}SCRIIl~D be1oro Ii," Il,is .__ ~,~~, ~ B 199,i d~y So answers, 01 JOHN D. GREEN, SHEfllFF \Ohlt, luRr h1(1fL fj($ By: Deputy Sherrlf f: ., " f ' " .~ -- . Ii:' -l i:~ Court or C.::mrno~ pls::s - .. I ~"I or '-:J:~.-::':"::.:.:t'~=n.. \"'::1.::-;-1';' ?snr:sylvcnio !reeholp Enterprises 'is. Michael Green ;:.To, 211 Civil..T~rm 1Q94 ---. :?- :-iow, January 21. 1994 :'9__ !. SEZ?..!:'!=' O? C~G::::.!..A.'\fD COt.~,:y, ?_~ co :=-~ ci...::u= :.h: So.::S oi Philadelphia C.~u::- ..... --... .:..:. .,V':- w ..: ...., _.____ ...... :=:s 6:?u:::cn . . .., .. =::.::tf -.....- u :::: .-~~ :':0. ~..u ot == :!~=. 7"'-C:>? .~. J~ r ,,~~'-';'.-. //,~,<..r! sae..~ oi S:-:.lr..:u:ci C:JtJ:t7. ?:L Affida.vit or ... . :::e:""71c:! ;:';ow, !~ .- o'~cc: "t ~=-."':':1 ::~ wi':':" ..:poa ~t by ::u:~ :D 3- c:::py Ot :e :]~-::'-...I ,. :Il:lQ -~,;- Cowu :0 == .:==t:::1 ====1. So =w=. Shc::5 of CollA.,., ":z.. 5wcl':1 :me!. SIlCsc:-.:=d be= == :!::s c!:ly Ot to ..- COSTS SZAV1CZ ~au.\GZ A:: uuA VIT oS s r_ ---& ~ (t- ~ ri n ~ t/) I lL A ~ ~ - ~\\'.':\ s,... " , \ . ~ ...'~ P~:,:,;,. 1 , <It . \ " . ~ .. I, -_._~';';; , II"J ~(li1;) , \ .~\\\.!I ,~.\~ W -.';,) , ~..\. 1foIioo';;;'- fI.'plcad'(rc;hoW,com I....". 19, 19'/01 REAGER SELKOWITZ , ADLER, PC BY: JOHN J. MCNALLY, III, EsgulnE Attorney I.D. No. 52661 2331 Market street Camp Hill, PA 17011 Telephone: (717) 763-1383 FREEHOLD ENTERPRISES, Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . v. NO. ,;)/1 &uJ /C,qq MICHAEL GREEN, DANIEL VOGELMAN, CHRISTIAN PASS and GERARD CURRAN, Defendants NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT lIA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WlffiRE YOU CAN GET LEGAL IffiLP. Court Administrator 4th Floor Cumberland county Courthouse Carlisle, PA 17013 (717) 240-6200 " "'~ ~H rIVo'\pIead\fmhoW.c:om lanuary 19, 1994 REAGER SELKOWITZ , ADLER, PC BY: JOHN J. MCNALLY, III, ESQUIRE Attorney I.D. No. 52661 2331 Market street Camp Hill, PA 17011 Telephone: (717) 763-1383 FREEHOLD ENTERPRISES, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. . . MICHAEL GREEN, DANIEL VOGELMAN, CHRISTIAN PASS and GERARD CURRAlI, Defendants gOMPLAINT AND NOW, comes the Plaintiff, J. Michael Adler, t/d/b/a Freehold Enterprises, by and through its attorneys, Reager, Se1kowitz & Adler, PC, to make the following Complaint: 1. J. Michael Adler is an adult individual t/d/b/a Freehold Enterprises (hereinafter "plaintiff"). 2. Michael Green is an adult individual whose last known address is 12741 Dunks Ferry Road, Philadelphia, Pennsylvania (hereinafter "defendant Green"). 3. Daniel Voge1man is an adult individual whose last known address is 7018 Charles Street, Philadelphia, Pennsylvania (hereinafter "defendant Voge1man"). J' tlw\pkad\rri'cholJ.com January 19, 1994 4. Christian Pass is an adult individual whose last known address is 5480 Monocary Drive, Bethlehem, pennsylvania 18017 (hereinafter "defendant Pass"). 5. Gerard Curran is an adult individual whose last known address is 341 Fort street, Apartment #1, Shippensburg, Pennsylvania and the sublessor of Michael McGlowe. 6. By Residential Lease Agreement dated January 21, 1992 (hereinafter "Lease"), a copy of which is attached hereto as Exhibit A, Plaintiff let unto defendants Green, Voge1man and Pass the premises known as 341 Fort street, Apartment 1, Shippensburg, Pennsylvania 17257 (hereinafter "the Premises"). 7. Pursuant to the terms of said lease, defendants rented the Premises for a one-year term beginning June 1, 1992 and ending May 25, 1993. 8. Under paragraph 6 of the Lease, defendants agreed "to use due care in the use of the [Premises]" and "pay for all repairs to the [Premises], its contents and to all other parts of [plaintiff's] or Agents property which are necessitated by any act or lack of care on the part of [defendants], members of [defendants'] family or his visitors." 2 t', "'".~' j.lI4~." ~.."ka41r_,.... Jan.....ry 19, 1994 9. Defendants provided Plaintiff with a Nine Hundred and 00/100 Dollars ($900.00) security deposit to guaranty defendants care for the Premises while in their possession. 10. As provided in paragraph 11 of the Lease, Plaintiff was permitted reasonable access to the Premises during the lease term for the purposes of inspection and to enforce the Lease. 11. On or about May 5, 1993, 20 days before the expiration of the Lease, defendants Green, Voge1man and Pass abandoned the Premises. 12. Defendants failed to provide plaintiff with their respective forwarding addresses upon abandoning the Premises. 13. Defendants did not tender unto Plaintiff their keys until after they had abandoned the Premises and the lease term had expired. 14. upon inspection, Plaintiff discovered that defendants failed to use the premises with care while they were in possession of same. 15. By letters dated June 24, 1993, copies of which are attached hereto as Exhibit B, Defendants were provided timely notice and accounting that the cost of repairs for damages to the Premises while in their possession totalled Three Thousand Five Hundred Seventy-Four and 22/100 Dollars ($3,574.22). 3 rlwlpl<o#r<<hoIol.con1 I.....". 19, 1994 16. The amount of damages sustained clearly exceeded the amount held to secure against such destruction. 17. Despite Plaintiff's request, defendants have failed .to reimburse Plaintiff for repairs necessitated by the lack of care during defendants' possession of the Premises. WHEREFORE, Plaintiff respectfully requests that this honorable court award it the sum of Two Thousand six Hundred Seventy-Four and 24/100 Dollars ($2,674.24), representing the sum of the costs of damages minus the security deposit withheld together with costs of the present action. Respectfully submitted, PC By: , :n:I, Esquire ey I.D. No. 2661 t street Camp Hil ,PA 17011 Telephone: (717) 763-1383 Counsel for: Freehold Enterprises, Plaintiff Date: January 19, 1994 TRUE copy fROM ~~~~~~d In TestImOny, VolVh~:lc~~~r:tU Cartlsle, Pa', ~ a~d the se~.~ HI 9 ~ """ day 0 >" 1 his. -,- 4 VBRII'ICA'l'IOH I, J. MICHAEL ADLER, the Plaintiff herein, hereby verify that the foregoing Complaint is true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to unsworn falsification to authorities. -:=. {i\,~k,~ I~ J. MICHAEL ADLER Dated: J1111'iY HISTacounT Exhibit A No. 6303 ...... -pt, ~ - " ," RESIDENTIAL LEASE AGREEMENT '!'HIS LEASE, BETWEEN owner, AND , (hereinafter whether one or more, jointlY and severally: WITNESSETH: That Owner hereby leases to Resident and the letter the forme , th~apartmentLhouse designa ed as , -+-t:.hP .j ~ hereinafter called the "premises", for the term of ~~ '"'I ~ beginning on the ~Sof"" day of ~hoJE ' 19..L::3, and ending on the ~ day of- ~.e:::::t. ' 19.:7'.:1, at the rent of ...;, ~^"J,?ii!-s", ~....'I}-P.s . _ Dollars ($ I ,.,{)~ -) each on the / ;) , day of each month in advance. This letting is .upon the following terms and conditions: _, 19 9z. .:s. J:.~I..1t\~ referred to a "Resident"), 11 1. Resident agrees to pay Owner a security deposit of M,tJeo rfV>-101l..'<() _ Dollars ($ 9n = - ) upon signing of this agreement .tl: J.3 " with receipt herein acknowledged paid byS":;7."'i'C.- C~rl "",.5'0 - d+t';cll. ..:. J c~,sm," P^~ 2. Resident agrees 70 ~to Owner or Agent the monthly rate set forth above on the day of each month, in advance, at the Rental Office of Owner or Agent or such other place as Owner or Agent may from time to time request and further agrees to pay the first and last months rent at the time of occupancy. Resident also: agrees to pay a late payment charge to ten~J percent per month on, the amount of rent in default on the day of each month which shall be included with that months~al payment..If late rental payment is not received by the /, ' of each month (rent plus late payment charge), Owner or Agent will reserve the right to I proceed with the ne~essary legal authorities to collect same. If any check for rent is returned to Owner or Agent or insufficient funds or other reason, late charges will continue until rent is actually paid by Resident. 3. Owner or Agent may terminate this lease without cause by giving thirty (30) days prior written notice to Resident, but ng termination by Owner or Agent without cause may take effect during the one-year term of the lease. 4. Resident agrees to use the apartment only as the personal residence of Resident and their children, and not to assign this lease or sublet the apartment. Resident agrees not to alter or make additions to the apartment, its painting, its fixtures, ~ chanae locks without Owner's or Agent's written consent. Resident agrees not to do or to permit any act or practice injurious to the building, which may affect the insurance on the building, or which is contrary to any law. u.J: tI. c..p. /1 l.;f/\, ,"1.1'- . ..__~Iaoo_"'--' . 5. Resident understands that the equipment for utilities to serve the premises is installed therein and Resident agrees that the cost of the utilities shall be paid as follows: C>~ Heating for premises to be paid by~j~ ~~ Heating of water for premises to be paid by ~~' _ Electricity for premises to be paid by !:S. ' Gas for premises to be paid by Sewer charge to be paid by ~ Water consumption to be paid by t"'l~ Trash removal to be paid by Q~ Cable Television to be paid by ~~ Telephone to be paid by ~,'~ Resident agrees that owner or Agent shall have the right temporarilY to stop the service of electricity, or water, in the event of accident affecting the same or to facilitate repairs or alterations made in the premises or elsewhere in Owner'S or Agent's property. Owner or Agent shall have no liability for failure to supply heat, air conditioning, hot water or other service's or utilities when such failure shall be beyond Owner's or Agent's control or to enable owner or Agent to service or repair installations. 6. Resident agrees to use due care in the use of the apartment, the appliances therein, and all other parts or owner's or Agent's property, to give notice to owner or Agent of the need for repair thereof, and to oav for all reoairs to the aoartment. ts co~ents a~d to a...... ot..e _a s 0 e' s 0 e t' which ..re nece~sitated b.V a~v a~t ~r lack of care, on the oart of R~~!~ent. memb~~~ of Res~de~t's fam~lv, or his vis1tors. owner or Agent will make necessary repairs to the apartment and the appliances therein within a reasonable time after Resident notifies Owner or Agent of the need for repairs. ' RANGE: serial number REFRIGERATOR: serial number OTHER APPLIANCES: 7. Resident agrees that Owner or Agent shall not be liable for property damage or personal injury occurring in the apartment or elsewhere on Owner's or Agent's property unless the damage or injury results directly from owner's or Agent's negligence. 8. All residents ar'e required to carry "renters insurance" for the premises with an amount equal or greater to the value of all personal belongings of the resident. Name rnsurer amount: 1. 2. 3. 4. 5. b.J'".II. 1'1'&. ,:.P. . . 1/1 If, 1 . . .. , 6. 7. 8. 9. If, due to circumstances beyond the Owner's or Agent's control, the premises shall not be ready for occupancy at the beginning of the term, this lease shall nevertheless remain in effect and the rent shall be abated proportionatelY until the premises are so ready, and Owner or Agent shall not be liable for delay; provided, that if the premises shall not be for occupancy sixty (60) days after said beginning, Resident shall have the right to cancel this lease by written notice delivered to Owner or Agent at any time after the ,expiration of said sixty (60) ,days, but not after the premises are ready for occupancy. Resident's remedy shall be limited to such right of cancellation, neither party shall have any further right against the other, save the Owner or Agent shall repay any deposits made by Resident. If Resident shall occupy the premises prior to the beginning of' the term, such occupancy shall be subject to the terms of this lease, and Resident shall pay prior to occupying the premises rent for the same period' from the date of such occupancy to the beginning of said term. 10. If the apartment is damaged by fire or other casualty, Owner or Agent shall repair it within a reasonable time and rent shall continue unless the casualty renders the apartment untenantable, in which case this lease shall terminate and Resident, upon payment of all rent to the date the apartment is surrendered, shall not be liable for any further rent. If only a portion of the apartment is rendered untenantable, the Resident may, with mutual agreement of Owner or Agent, alternatively choose to continue in possession and shall thereupon be entitled to a pro- rata reduction in the amount of rent, provided that election to proceed under this alternative shall not be a wa.iver of the Resident's right to terminate the lease if repairs are not made within a reasonable time. \ 11. Owner or Agent, or any person authorized by him, with the prior specific consent of Resident, which consent shall not be unreasonable withheld, shall have the right to enter the apartment at reasonable times to inspect, make repairs or alterations as needed, to enforce this lease, and, after notice of termination is given, to show the apartment to prospective residents; provided, however, that Resident's consent shall not be necessary in case of emergency. 12. Resident agrees to pay the security deposit set forth above prior to occupancy of the apartment. The security deposit shall be held by Owner or Agent as security for the payment of all rent and other amounts due from Resident to OWner or Agent, for the Resident's performance of this lease, and against any damages caused to the apartment or any other part of Owner's or Agent's property by Resident, his family and quests. Resident understands and aorees that the securitv deoosit mav not be aoolied as rent or ~g:ainst any" oth~.!: !!,mount due from Resident To Owner or Aoent /'1. Cr. e .p, t.\TV. /1/1 /1. J without owner's or Aaent's written.,consent. and that the monthlv r~nt ~ill~~Eaid ~agh month, incl~g1na the last month of the lease term. Within thirty (30) days following termination of this lease 'and/or physicallY vacating of apartment, Owner or Agent shall return the security deposit, less any deductions from it on account of amounts owed by Resident to Owner or Agent, to Resident by check payable to all persons signing this lease mailed to a forwardina llddress which must: be 'furnished bv Resident in writina. Upon terminating of lease and vacating of apartment within terms and conditions set forth in the lease Resident shall return all kevs o s 0 e s to e e' e w 0 dav of such vacatina.' If keys are not returned within this time period, owner or Agent will have the right to change the locks on the premises specified in the lease and charge such lock change to Resident. 13. This lease confers no rights on Resident to use for any purpose any of the property of Owner or Agent other than the interior of the apartment hereby leased, except the walks and roadways giving access thereto and such other areas, if any, as Owner or Agent may from time to time designate for the use of residents. When the use by Resident of any other portion of owner's or Agent's property is permitted, it shall be subject to the rules and requlations established by Owner or Agent. , 14. If Resident shall fail to pay rent, or any other sum, to Owner or Agent when due; shall default in any other provisions of this lease; or shall remove or attempt to remove,his possessions from the premises before paying to owner or Agent all rent due to the end of the lease term, Owner or Agent, in addition to all other remedies by law, may: (a) (b) (c) (d) discontinue utility service provided by owner; terminate this lease; bring an action or recover possession'of the prem~ses ; bring an action to recover the whole balance of the rent and other eharges due herein under, of whatever kind and nature, together with any and all consequential damages caused by Resident's default, including reasonable attorney's fees and court costs. 15. Resident agrees to waive his right to any interest on security deposits held by the owner. 16. Resident agrees that no pets shall be allowed on pr13mises including visiting pets without prior written consent of the Owner. 17. Resident agrees that all security deposits as well as the right to take possession of the premises will "be forfeited if Resident does not take possession of the lease apartment/house within seven (7) days of the beginning of the lease term. Prior arrangements may be made with the Owner in writing prior to the /lI1.~/. 'JJ.v:r/ " first day of the lease. 18. Resident agrees to waive his right to a thirty (30) day notice of eviction and agrees that Owner may begin proceedings to remove Resident from premises immediately upon notification to Resident in writing. 19. RESIDENT AGREES THAT HE WILL COMPLY AND PROCURE COMPLIANCE OF MEMBERS OF HIS FAMILY, AND HIS GUESTS WITH THE OCCUPANCY REGULATIONS WHICH ARE PRINTED HEREON AND WHICH ARE ATTACHED. 20. This lease is subject and subordinate to the lien of a~l mortgages now or at any time hereinafter placed ~on any~art of owner's or Agent's property which includes the apartment, to extensions or renewals thereof, and to all advances now or hereafter made on the security thereof. Resident agrees, upon request, to execute such further instruments evidencing such subordination as Owner or Agent may request, and if Resident fails to do so, Owner or Agent is empowered to do so in the name of Resident. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT: IF YOU DO NOT' tJNDERSTAND THIS AGREEMENT, PLEASE CONSULT AN ATTORNEY-AT-LAW!! 21. The term "Resident" used herein shall refer collectively to all persons named above, and signing this lease as Resident, and the liability or each such person shall be joint and several. Also signing on this lease shall be the parents or legal quardians of resident who by signing hereafter shall be liable, jointly and severally, for the entire lease herein. Notice given by owner or Agent to any person named as Resident or by any such person to Owner or Agent, shall bind all persons signing this lease as Resident. The term "Resident" shall also refer to any persons named as heirs, executors, administrators, successors, or the respective parties hereto as if they were in every case named and expressed. WITNESS: ,e/r'P c.--- 1~>l't1ALL . t? dnJA k__ (tlA..-oJ Jtident ,/ L -,:(Y ;(~- ,-' - J~ (SEAL) (SEAL) (SEAL) *********************************** (SEAL) ", (SEAL) ft'LJIt'/. ( U..:T IJ. f. '.. ~ ****************************************************************** \ (SEAL) (SEAL) ****************************************************************** tMI'___ //i./lL. Q /1// ~ ~..-, _(SEAL) Resident Ad." It t-I.- , . (SEAL) (SEAL) ****************************~*********~***~********************* , !1.~ C~ (SEAL) Re ident ' ' (SEAL) (SEAL) ************************************************~[1********* ..:::::::;;, ~ 0 .(SEAL) R~~.i.d~ut:: O~ (SEAL) (SEAL) Resident (SEAL) (SEAL) ,****************************************************************** (SEAL) Resident " (SEAL) ". (SEAL) , /f/LM 1,~v' cP, f1.&, .' ,.. ****************************************************************** (SEAL) Resident (SEAL) (SEAL) Intending to be legally bound, and in consideration of the lease with the above Resident, the undersigned.l,jointlY and severally, hereby be'come surety to Owner or Agent for the performance or the lease by Resident and guarantees payment of all sums becoming owing to Owner or Agent by Resident. This agreement shall remain in effect throughout the term of the lease or any renewal thereof. The liability of the undersigned is absolute, continuing and unconditional and Owner or Agent shall not be required to proceed against Resident or invoke any other remedy before proceeding against the undersigned. Owner or Agent expressly agrees to notify the guarantor in the event of breach or default. ' ' 1. 2. IV 1.)11. P .::r: v. REGULATIONS 3. No dog, cat, other pet or animal of any kind will be brought, permitted or kept in the apartment or elsewhere on the owner's property. Resident(s) members of his (their) family, his (their) visitors and servants shall not at any time make any noise, do anything or conduct themselves in any way which disturbs any other resident or interferes with the rights, comfort, or conveniences of any other resident. Musical or sound reprOducing instruments or singing within the apartment shall be inaudible outside the apartment between 11 o'clock each night and 9 o'clock the following morning. No resident shall place or permit to be placed or maintained any sign or advertising matter or device or any roof aerial or other structure in any window of the apartment or elsewhere in or upon the Owner's property. No resident shall place or permit prior consent or the Owner or Agent. Damage to storm doors and windows due to negligence will be the responsibility of resident. 4. Resident shall use plumbing and electrical installations only for their intended purposes and shall be fully responsible for the maintenance of ,same and for cleaning any stoppages in waste water lines. ~ Maximum occupancy: No more than ~ ~~rson(s) will be 5. c .(7, 1-16-, /vl,r~ permitted to occupy the apartment, such person(s) designated as 6. Resident(s) agree(s) that Owner or Agent may change these regulations from time to time as may be required to protect the apartment or owner's other property or add to resident's enjoyment of it. 7. Resident (s) are allowed only parking space (s) in apartment parking lot. Multiple unit buildings where there are a limited number of parking spaces shall be on a first serve basis. 8. No washer/dryer or dishwasher will be permitted to be kept or used at premises. 9. Trash removal on the exterior of the building shall be 'the responsibility of ALL resident(s). At any time which the Owner deems appropriate, an inspection may be 'made of the exterior of the building. If two (2) or more of any of the following items are found on the exterior, EACH resident will be assessed a charge of $5.00 which must be included in 'the following months rental payment. ~SI:DEN'J!(S) BAS (HAVE) READ THE ABOVE REGt1LAT:IONS. I:NJ:T:rALS ( ,,) ( ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ,( ) ( ) (' ) ( \ " . "0. ( ~. ,/t"l ;(, 1. , . ) ) ~,.o.....-_ .' PRESENT TENANTS BATHROOM: NAME ADDRESS PHONE NO FORWARDING ADDRESS SHOWER BATHTUB SINK COMMODE TILES AND ACCESSORIES INCOMING TENANTS INSPECTIONS REPORT LIVING ROOM: BOW WINDOW SCREENS STORM WINDOWS STORM DOOR TRIM FLOOR WALLS CEILING WROUGHT IRON STAIRWAY FLOORS WINDOW STORM WINDOW SCREEN TRIM WALLS CEILING DOOR MASTER BEDROOM: DINING ROOM: WALIS FLOOR CLOSETS DOOR TRIM CEILING WINDOW STORM WINDOWS SCREENS STORM WINDOW SCREENS WALLS FLOOR TRIM CEILING ' 2ND BEDROOM: WALIS FLOOR CLOSET TRIM STORM WINDOW SCREEN DOOR KITCHEN: WALLS \ FLOOR TRIM CEILING RANGE HOOD FAN SINK CABINETS WINDOW SCREENS STORM WINDOW STORM DOOR BASEMENT: STAIRWAY LIGHT FIXTURE BASEMENT WINDOWS HALL WALLS STAIRWAY STEPS FRONT PORCH BACK PORCH SHUTTERS SHRUBBERY INSPECTED BY DATE LAWN "', EXTERIOR LIGHT FIXTURES M.;tl. c ,p, D.::ri/ IIle.. , . NOTE: The incoming tenants acknowledge and agree that there are no other damages to No other than the listed above. WITNESSES SIGNATURE DATE LEASE RIDER MOVE-OUT COST SCHEDULE Cleaning and Repair Charges If prior to moving out you do not clean the items listed below and leave them in satisfactory working order, the following charges will be deducted from your security deposit or owed to us if your security deposit is insufficient to cover the charges. You will be charged the listed amount for each instance in which a listed item must be cleaned or repaired. The prices given for the items listed below are average prices only. If Owner incurs a higher cost for cleaning or repairing an item, you will be responsible for paying the higher cost. Please note that this is not an all-inclusive list; you can charged for cleaning or repairing items that are not on the ,list. Kitchen Cleaning Bathroom Cleaning Oven Drip pans \ stove and vent-a-hood Refrigerator/Freezer Dishwasher cabinets and counter- tops $30.00 2.00 ~O.OO 40.00 10.00 30.00 Shower doors Toilet (s) TUb/Shower(s) sinks/countertops/ Cabinets $15.00 10.00 30.00 35.00 Miscellaneous Window coverings (drapes, blinds) Carpet cleaning Carpet repairs, Trash removal Wallpaper removal Painting Tile floors Holes in wall $50.00 100.00 100.00 60.00 l50.00 2.00.00 25.00 75.00 Replacement Charges .......-,..:..-- .' "Y ~ /" ') '2.--' -.'- , 7>1./1 Fxur Str' *' I .' ~ BATHROOM: ~'2b5' !':~.:':t:: ~ c: :,:::t!.uJi!J.:.I t=U1I.7.:)Olll 3!!.':' : aTOH _SHOWER ,,~l oj :'!.,o~r.,.~r~ ~ ..rl~n BATHTUB ,."",.'f',. SINK ""I.f'..-,'" d'oI'V 'A.D!.&- 'oI',...ti'",...r~ ~ ,COMMODE ' ~:Il'''!~'lwl'n., TILES AND ACCESSORIES _fMC!...V ~"'-t!-/~_~ii!:tI7' FLOORS . WINDOW STORK WINDOW SCREEN fi~-ta:.-:'~ ::';:.iTRIM 'etl61\.l.r Mcd!t'~ ,,6N,tl4.., ,. ~... ti It t! " , .: ..... , " .' l I' 1\ i \ , , \ :..' WALLS (1'''0' Jo1(JJ/..f,,~$ FLOOR' I " - :... . .' J .. " '..' 'J , CLOSET hDP,I, rJ""oI"f'.. j,,,/t:> :. ;:sr.,/"~.:<"",,, TRIM "l"'~' . ......... .~/ "1:" STORK WINDOW I., ~ 1.IJ,p r.>n~.P , r,,.~ &!tt SCREEN f;.-\;...... ._~.!:"I...I.~:."\ M."'-:_~ DOOR', , ,,- ..,',...~-,'. '....",;: ~'lO ..j I~ ::':'i~t:. !::~~~.:a ,.' / -.'< pRESENT TENANTS 01' ~..LQ ::!~:...U"'" .Jul...) ~~.o"::~:; t::lZ tNAME~ e~ n~dj ~9rl~~ ADDRESS 3it/ f7,r~1 PHONE NO _FORWARDING.ADDRESS ,j:;1 .... ,,;:. :1.'\u'\'....I.\&J.a _INCOMING TENANTS .INSPECTIONS'~a REPORT LIVING ROOM: , ,/, ~~~..c " i WALLS BOW WINDOWc,~c~.... i<J',~,It~......,.~j 'CEILING' SCREENS 6-A <;h..~ ~.!Jl'~- ,'L R;..(:h1:-,...,.., DOOR STORK WINDOWS /JItf?'o K "J.sr/'1I':;~ "1':U("~';O, en.!! \:;: c:1.::)r~ STORK DOOR IJk " ~STER BEDROOM: , , "'TRIM :J9~2L.L ~J:.~:.J~ ~n;: ":':;:~.L:> :J=:t cob UO'l. 3!JO 'E"t.!voa oj: ,:ol":!q :Z" aFLObR9'~...'.;fPBA"rl"...,..-';o,..; . ~...:J'.lC ::t: i=(-::o',1 WALLS ;J ~d .tlS:' .-:1 tr:,~~j n', ,r, ~ nr-" , .~W~.:' ~w OJ L~"\...1 '1,' ,).':"F:"')CI~:;' "j::':~:r:FPJ9R IV r.\'~'.'.~ rJFt::ot:~~n ':t':: ,; ~'Io' . ~'CEILING v+t.(l'$T,(,.. '''{)''''''1t'n. (rl/),..;E~ :tnCLOSETS 'II.aVt ~_U<;.:z.,.,d!D'(J/S'-'''''' "JllWRQUGHT'IRON"S,TAIRWAY .~.:'.:l"'''.i: cb'3:!l DOOR '~":'~:,:; ,,~1".t I "1"7 i..,',.,.,.D,.... " b!(;j~il'lt(4tt.'!-~~;e/e&....7i...'!c... .,,::~.'~"'::. '.l~':'TRIM -"",- ." V,_'" .'\ ..', .,....:.' . ;.~DmrNG"'RObM:rd fj ::.~.':;':r!! -: ':'H1''':t') or! .CEILING - t...... t':.~t--....H'.... .~.-~ '"" r~~. ~n..t'i.t:iq ,~"IO:.t .:, Lt1.l::::l'iO~::~,)'''': ad : ~.t"1 {:~"':! \IWINDOW';,."".;I.o..,eti~"'-e:'e.n1. - #.:a r-. ,~ STORK WINDOW STORK WINDO S ,;tr~,.,:') ..,'...,!>'H:' ..,.r.,. SCREENS ' SCREENS tiy:tALP3" iJ<.!,...., a.JJ:iW.I.:m..;-....I.6 11~ :to;: a,ft,,'rieY':/JUflJ-'r,"!y'ett:' ",-es:l.r;..Av~..y' .r4.iL<:. .'FLOOR ...' ;;~ ~'Ol\ ~~ti ';:J'...r -~Jj':.~.-::'L 1)::.:'1 2ND BEDROOM:i."'~":a,.."J''='':; !:~:;~!!'f:: . 'TRIM .....~ CEILING :.::__..~:.,.,l':"'~ , , , .........~:.:cJ..lI~ , " KITCHEN: '..". \. . .~':'''''';'i ,":::a;,",7on2 .. ~ ~ . ':. ",-' " .\ '.....1. ;}WALLS C FLOOR TRIM ;: CEILING RANGE HOOD FAN SINK CABINETS WINDOW SCREENS UU, 'J " 0:: STORK WINDOW ~ U J,' STORK DOOR I' ,l:V. f;u. ''':C INSPECTED BY ~ ~'r DATE 'J0,_,I,.. .~ . .";J j, . ~ .. . ~ ~ ..~ . .... ~. :- : .'" ." .... ..-,. BASEMENT: ~~~~c~ b~~ ~=~~~~~~ 'J. I f~ . ~':i:::t \.' STAIRWAY :!....:.c::,o.:l,lo~:.'~LIGHT FIXTURE . BASEMENT WINDOWS .),'IC:L ~,:)VO?;",ir.'OC(\.i:toI , ;. '.t..,';! ~u ,~!)qs::~HALL WALIS o~t~SO!b'~9~STAIRWAY STEPS ...-:..,. r :;;.:::-:: ~~'~:FRONT PORCH .J.iiVC;:!:I:!' r.::l.s~BACK PORCH Ir.eeel t:'t',I)/hr d oCr- '.'''~.!t'~.~' -::"Ji~~~-:;'::!SHU'J.-J."~1<S l?n!:1nlISHRUBBERY :;:",00:;, :lL:T : .: ~::... r::: ;t~ ~"LAWN EXTERIOR LIGHT FIXTURES . . t. ~ . of.' :. ~j ..:; \' i-t"';'':::3::.!~ :~eJ:'..,4:'~':''::.:i;);{ .,,1 f " '/l 1',' fl.JJ1f1 ,-:: ~ .- ..' ... NOTE: The incominq tenants acknowledge and agree that there are no other damages to No other than the listed above. WITNESSES SIGNATURE DATE LEASE lUDER .' .- HOVE-OUT COST SCHEDULE Cleaning and Repair Charges If prior to moving out you do not clean the items listed below and leave them in satisfactory working order, the following charges will be deducted from your security deposit or owed to us if your security deposit is insufficient to cover the charges. You will be charged the listed amount for each instance in which a listed item must be cleaned or repaired. The prices given for the items listed below are average prices only. If owner incurs a higher cost for cleaning or repairing an item, you will be responsible for paying the higher cost. Please note that this is not an all-inclusive listl you can charged tor cleaning or repairing items that are not on the list. Bathroom cleaninq Shower doors Toilet(s) Tub/Shower(s) sinks/countertops/ Cabinets Xitchen Cleaning OVen $30.00 Drip pans \ 2.00 Stove and vent-a-hood 10.00 Refrigerator/Freezer 40.00 Dishwasher 10.00 Cabinets and counter- tops 30.00 " Miscellaneous Window coverings (drapes, blinds) Carpet cleaning carpet repairs Trash removal Wallpaper removal painting Tile floors Holes in wall Replacement Charqes $15.00 10.00 30.00 35.00 $50.00 100.00 100.00 60.00 150.00 2iJO.00 25.00 75.00 ,--~--.. .. . ~ . . " . If any items are missing or damaged to the point that they must be replaced when you move out, you will be charged for the current cost of the items, plus labor and service charges. A representative list of replacement charges is provide don the next page. These are average prices. If Owner incurs a higher cost for replacinq an item, you will be responsible for paying the higher cost. Please note that this is not an all-inclusive list: you can be charged for the replacement of items that are not on the list. Window glass patio glass doors Window screens patio screens Mailbox keys (lost or not returned) Door keys (lost or not returned) Fire extinquisher (1-1/2 lb. size) Ice trays crisper covers Refrigerator shelver/ racks Disposal Mirrors (bath) Doors Light fixtures Light bulbs countertops $150.00 150.00 35.00 100.00 25.00 35.00 35.00 3.00 15.00 30.00 65.00 60.00 100.00 50.00 1.00 250.00 \ ()()()( )( Please initial above ) ( ) ( ) ( ) ( ) . '~'. ft1.;1;1. c' p. )J: V /l.-/. r... HISTacounT Exhibit B i" ~.....;t;:,,'-ri'fl',\~'- ~ii" '""~,,' . ':)o'9,.&f'~;' ',!:J'i..~_:,:~:;'f No. 6303 FREEHOLD ENTERPRISES 1442 TRINDLE ROAD CARLISLE, PA l7013 717-243-3000 SECURITY DEPOSIT June 24, 1993 Daniel Vogelman 7018 Charles Street Philadelphia, PA 19154 Your security deposit is held to reconcile any balances due after vacating, An itemization follows below: Security Deposit Paid LESS: 1. Unpaid Rent 2, Unpaid Late Charges 3, Damages at Move Out Total Damages $3,574,22 See attached report 4. Unpa~d Utilities 5, Key Charge (not returned) 6, Miscellaneous TOTAL DEDUCTIONS: AMOUNT TO BE REFUNDED: AMOUNT DUE ON ACCOUNT (NET 15 DAYS): $225.00 $ $ $893,56 $ $ $ ----------- $893,56 ----------- $668.56 If the amount due on account is not paid by July 15, 1993, charges will be filed with the local District Justice, If you have any questions, feel free to contact the office at the number above, Ie," . :.MIJ:~~~-' FREEHOLD ENTERPRISES 1442 TRINDLE ROAD CARLISLE, PA 17013 717-243-3000 SECURITY DEPOSIT June 24, 1993 Michael Green 1274l Dunks Ferry Road Philadelphia, PA 19154 Your security deposit is held to reconcile any balances due after vacating, An itemization follows below: Security Deposit Paid $225,00 LESS: 1, Unpaid Rent 2. Unpaid Late Charges $ $ 3, Damages at Move Out $893,56 Total Damages $3,574.22 See attached report 4, Unpa~d utilities $ 5, Key Charge (not returned) $ 6, Miscellaneous $ TOTAL DEDUCTIONS: $893,56 AMOUNT TO BE REFUNDED: AMOUNT DUE ON ACCOUNT (NET 15 DAYS): $668.56 If the amount due on account is not paid by July 15, 1993, charges will be filed with the local District Justice, If you have any questions, feel free to contact the office at the number above. FREEHOLD ENTERPRISES 1442 TRINDLE ROAD CARLISLE, PA l70l3 717-243-3000 SECURITY DEPOSIT June 24, 1993 Christian Pass 5480 Monocary Drive Bethlehem, PA 18017 Your security deposit is held to reconcile any balances due after vacating, An itemization follows below: Security Deposit Paid LESS: 1. Unpaid Rent 2, Unpaid Late Charges 3. Damages at Move Out Total Damages $3,574,22 See attached report 4. Unpa~d Utilities 5, Key Charge (not returned) 6, Miscellaneous TOTAL DEDUCTIONS: AMOUNT TO BE REFUNDED: AMOUNT DUE ON ACCOUNT (NET 15 DAYS): $225.00 $ $ $893,56 $ $ $ ----------- $893,56 ----------- $668.56 If the amount due on account is not paid by July 15, 1993, charges will be filed with the local District Justice, If you have any questions, feel free to contact the office at the number above. . . , r""T".... .~';O;~'~~..'i FREEHOLD ENTERPRISES 1442 TRINDLE ROAD CARLISLE, PA 17013 717-243-3000 SECURITY DEPOSIT June 24, 1993 Gerard Curran 341 Fort Street, Apt 1 Shippensburg, PA 17257 Your security deposit is held to reconcile any balances due after vacating, An itemization follows below: Security Deposit Paid $225,00 LESS: 1, Unpaid Rent 2, Unpaid Late Charges $ $ 3, Damages at Move Out $893,56 Total Damages $3,574.22 See attached report 4. Unpaid Utilities $ \ 5, Key Charge (not returned) $ 6, Miscellaneous $ ----------- TOTAL DEDUCTIONS: $893,56 ----------- AMOUNT TO BE REFUNDED: AMOUNT DUE ON ACCOUNT (NET 15 DAYS): $668,56 If the amount due on account is not paid by July IS, 1993, charges will be filed with the local District Justice. If you have any questions, feel free to contact the office at the number above, DAMAGE REPORT 341 FORT STREET, APT 1 SHIPPENSBURG, PA JUNE 24, 1993 TOTAL REPAIR COSTS LESS SECURITY DEPOsiT BALANCE DUE $2,095.00 297,70 (40\) 217,52 (20\) 190,00 208,00 116.00 150.00 125.00 175,00 $3,574.22 900,00 -------- 2,674,22 MAINTENANCE/CLEANING HOURS MATERIALS FLOOR REPAIR-KITCHEN (TOTAL BILL $543.80) FLOOR REPAIR-LIVING ROOM/BEDROOMS (TOTAL BILL $949,98) SCREEN DOOR REPLACEMENT STORM WINDOW REPLACMENT SHOWER DOOR REPLACEMENT IS BATHROOM TRASH REMOVAL REPLACEMENT OF BRAND NEW BATHROOM DOOR REPAIRS COMPLETED: Kitchen 1, Crisper tray in refrigerator had to be replaced 2, The stove is chipped and a piece from the handle had to be replaced 3. The cupboards had to be repainted 4, Kitchen floor had to be replaced 5, Knobs had to be replaced on shelving 6, Reinstalled old light fixtures 7. Framing on back door broken ,,13. ~14, 15, 16. 17, 18. Livina Room 1. Carpet had to be removed; hardwood floors redone (Same Price as replacing Carpet) Screen door ripped off Front door was kicked in Peep site in front door was gone All outlet covers had to be replaced Light fixture had to be replaced Post missing for shelving doors, Replaced post and installed new hardware. Holes in drywall Thermostat was tampered with, cover had to be replaced All sliding doors were out of track Horizontal blinds were bent (billed for 20% of value) Thirteen ceiling tiles were damaged and three had to be replaced Ceiling fan had to be repaired Broken window Screen was torn and had to be replaced Frame on storm window was bent Front porch and vinyl siding had to be cleaned-very sticky from beer and vomit, Ceiling needed painted 2, 3, 4. 5, 6, 7, 8, 9, 10, ll. 12, Rear Bedroom 1. Hardwood floor had to be refinished 2, Trim and door were repainted 3. Storm window wa~ destroyed 4. Closet doors were put back on and all hardware was replaced 5. Ceiling had to be painted because of drawings and foot prints 6. Broken light fixture was replaced 7, Nail holes in wall 8. One outlet cover had to be replaced Front Bedroom 1, closet doors were torn off, had to be reinstalled 2. Two broken mirrors were replaced 3. Lamp shade was missing 4. Two ceiling tiles were damaged 5, Floor had to be replaced 6, Large hole in door had to be repaired 7. Nail holes in wall 8, Lockset partially missing Bathroom 1. Shower doors were torn off 2, Complete cleaning 3, Shelving for bath supplies were ripped down and missing 4. Rebuild shower kit 5, Brand new bathroom door was torn off Hallway 1. Light fixture in hallway was replaced Basement 1, All trash was removed \ . " .. , .._ _.: ......_.._..__.__M .._" ........... . , :,. ": .. .~:.._..._::...':-::..:__..._...'-..:;:.. '. 0, ....'..' .. . - ...--.-..-.......'....'.'.". ." "," ,... ,...,..,..."-.-.....---'.; ., ~ ....:.-...:.-,. -.,.'-. . COM~IERCIAL REAL ESTA11l , RESIDI!NJ'IAL REAL ESTA11l' PROPERlY MANAGEMENT .. :,;;,~;:",.,.."....r!. f~~e'~-==='.... . ~...:-;-:.,' _f...... ,;.(",:=:-:=-_ " ~o/::Q\::,~l.::' ';':i~~;~~:. ::") 9 =: t.~." -.- - ,;:.:.~~...?\ , ,--.-- M!!.'t"'':Cill-- , SOl,W ' Wt ~"~"Wi\c., , MICHAEL GREEN , '12741 DUNKS FERRY " PHILAIiELPHIA, ,'~A , . .' ,', ROAD 19154 " " ,.: . ',' '" "" .'.. . :." "" ".; .:"':':- ,...- ~ ',too..... '00, ' " .,..... ."::"" ..~.". >, .... ~.., .... ~ ..._.-_._~~.'..,..I..:Jo....,.,..::, ,........' ,.~. . ,...'........~...~.,..,~.~~,.~.,. ". '.' ': '.'.: ;..~.;..;.,.:.,~. ..,.-..~ ....'. . '.' terlill' REAlIYGROUPg e Road 17013 COMMERCIAL REAL E5TA11l RESIDI!NJ'IAL REAL E5TA11l PROPI!R1Y ~IANAG1!MJ!NT ,..;.::~?{~.,;,~S~i~,~0-:;~;'":Ci~~~ ~ '.~ \') .. '"':. ,~. '.. ' I" \ ~~I" ......, _. "'" - " "",lfilh"l3 J :. 4.'~;" '. .' "'i - .. . ~'~. ;'.; :::..! -.' - '. - I ~ " I",:.,:.', .... I' ..~P:../ . r:.i;.~;~'~ :'~~~~I'; . .. ...U...;,hh I!:........,;.,-:.:...~::.::.:il.;o \ CHRISTIAN PASS 5480 MONOCARY DRIVE BETHLEHEM" ,PA 18017 .. , " ',' " " :-.,..._",,: ': .. .,u.._ .,.--. ... " ,-,..,.~ , , , ., COMMERCIAL RE.U. ESTATE RESIDENllAL REAL ESTATE PROPERlY /oIANAGE)IENT . -,..- .........,....' r"'..' '..' ~"';:;.J . .:::-:::... u'-'''':-c.(;~ ~,~'~ ~- ." ...~L/7-lo.., ",'~l - .....-!~..~.~ ... .-: ,'f".. "(, ~'........... .,'." 'I:" . r' .......' ",!,., : '."I'nJ ;.;. -."..~; - 2' a - " . "..., .4 ... ~,. - - ~ , ..t, 'i -C ' - , ,;...""1: ~ ...... , '. _l_.. " . . rl:...,:f.':".;~ i..--:......- . SlJUnl I\:,::~, ~"i:i~ r"'.G:! . , ,-'" " " " ";'GERARD CURRAN 341 FORT .sTREET, SHIPPENSBURG,': , PA '. ' . " APT 1 17257 "", .. ',' " , , , , ,,' , '. '~ ,'. '.'.,. " " " ',' , . ',' , ':,' ,,' " " 1,.'.. ~..\ ., 1 . ~ " ~. .'" '. .':" . CO)IMl!RCIAL REAL ESTATE RESIDENllAL REAL ESTATE , PROPER1Y!oWlAGEMENT :. ._..~~ :,:-:::"':r~:::.t,=:::-'~.,....' ~ :: '. ....:.": ,~'''~. ,~..:-': t. );;.., ". " '.... ~-'''i . ; (".~ ~.,.'l '. :,'fl~j"U . , ~.~~ ~7 ,~~~;'= ~ q = tl', .. . . ., _ol... _ , , '. , I, !~j,:.,~~;.~.J~'~:':~~ :: I " ' ~ .., . "'...::..:'/' .'_..",:": '''''4'i~~l DANIEL VOGEtMAN 7018 CHARLES STREET PHILADELPHIA'-' ,PA 19154 \ '. " '. , " " :', .. " , .' " .',', . " orr' ... ,.. . l~ ~:: 'r;: , ',t; J:.ii ~ I ... ;' I I , I i , . C -t' . C 'd .. 1., ine Court CT .:mmon r .e:5 OT =.Jr.~:':::.::~l=n \"'':'H.'::-;~'Y, Freehold 'Enterprises I ?a:msylv::ni::: ~lS. Daniel Vogelman ~o. ?11 r;viL.T~rm lQaA :?- :-iow, .1RnllRry 7.1. lqq4 ~9__ !. SE:Z:":::: O? C~G...:..:"..!.A.'fD CO't.~':'Y. ?o\... CO =:::-..b)' ci.::u= == S~ oi Ph; l;::Hiplph;~ C,:ncry :0 ::::=::-.::.: -.:. ',V:::., ... '. .. . ... -,. ,- :=s ==?u::cn =:::11 -..-- ~t :.::: ....~t:.:::'C :.:a :-..:K at ::::: :'.3::::::%. r/g~~c</-:;;~ s:ae.~ of C:::::!:er.:u::d C~Wl"" ?:l. Aifidavit or ... . :'er'71~ :-iow, ~9 .. o' .:!cc:. "t. !=-.~ -- :.:= wi.;":" '~poa ~t by ::.:u:~ :0 3- c::py ot = ::J:=~'-..I .~ :me -.,":. !cawu :0 :.:: -===::::s ::~=--::::L So =w=. SItc:: of eo....tT. ?:l. 5wcc :me! suCsc:-:D:d lx::crl: ' == ::::s Qy oi '0 .-- COSTS sza,...."ICZ ~iIL!.r\GZ .~~lJJA"vu oS ! ,- --.a r' ,.-. ' ""'11 "" v 1'''041 "5 ,f:', II: y 9;, FE!3 -, -n \ -.. , ~\;J y ~ ~, f) i ;)(//9 V .!./t' (I ~ COUNTY OF NORTHAMPTON' rs- SHERIFF'S DEPARTMENT NORT/tAMPYON COUNTY GOVERNMENT CENTER SEVENTtl AND WASHINGTON STREETS EASTON, PENNSYLVANIA 18042 PhoM (215) 559.]084 fAX (215) 559.1785 '-- .,. :a: r--> .=:.. C,"') ::'::- . --, . ALFRED C. DlOMEDO Sheriff ORDER FOR SERVICE REQUEST ~ co ..,. 1. All information from the attorney must be filled-in before service can be m~e. 2, Prepare a separate Order for Service form for each defendant to be served by tlDi Sheriff. 3, When completing "location" for service, be certain to have a valid address or 3irections. Do not use Post Office Boxes or R,D, addresses. Provide the township, if a icaofe. 4, When a Deputy Sheriff levys or attaches property, he or she will leave the property without a watchman and in custody whomever is found in possession, after notifying the person the property is under a Sheriff's levy. The Sheriff or Deputy is not liable in any way for protecting property before the Sheriff's Sale, 5, Personal service will only be executed upon request, otherwise service will be executed in accordance with Rule 402 and Title 231, Pennsylvania Rules of Civil Procedures. A'l"l'OMEY NAKE AND ADDRESS z John J. McNally, III 2331 Market Street ArroRNEY 1.0. NUKBER: T&LEPHONE NUKIlERI c7 17 1763-1383 Camp Hill, PA 17011 AMOUNT ENCLOSED: S 35.00 DATE I 1-21-94 DOCI<ET NUIlBERI 211 Civil Term 1994 SHERIFF'S USE ONLY: LAST DAY FOR SERVICE Fr~Qhn'A Fn~~~pr;QPQ PLAINTIFF V8. ,rJLb. /~/ /Jf//. I M;~h~Q' ~r~~n ~T ~l DEFENDANT SERVE UPON: ('h,...;a....i~n P;:IC:Q TYPE OF WRIT OR COMPLAINT: rnmrl~;nT in ri"il ArT;"" T,::IW LOCATION: C;dRn Mnnn,..;n-y nrhrl:lr R~t-h'~hl3m PI\. lAn17 .5 t:rl./F', j) ) f'l.,?:!::f!/l JflSO 17 J SPECIAL INSTRUCTIONS: !/{If/7~ ..4"')~ 91/'1 FOR SHERIFF'S USE ONLY I hereby deputize the Sheriff of Northampton County, to execute and make a return on the above and attached action according to law. .....') /~J' -~""'!~.~..:,. -' , ." ,-.".~ ',,-- ~./::.: '.- .. . - ;,',~ ...:"'1, SHERIFF SERVICE:HAR92UD~ R. Thomas Kline R, Thomas KI ine Sheri II #\~ I.1t QIUltIhel' ~o. "', 4,,0 e ro;y~,... :i\ , r", 'I'J. ..... ',...:;.;;. ',' . rr '*, ~ .. ......;"- ) ~:~ ,,' 'l'l~'?'1 ~~~ . '''l "'}'.~. . " j.... '~~~"~' -.~ e';~r?=- (: '-~'.~ .'/':.."". ......-:r ."'~":';. '. ~ , ,,_:,.:.": " . Ronny R, Anderso Chle' Depuly HORACE A, JOHNSON Sollcllor AUDREY G, ADAMS Real Esl.'e Deputy OFFICE OF THE SHERIFF Courl House Carlisle, Pennsylvania 17013 TOAon. Alfred C. Diomedo Northampton County Sheriff's Dept. Seventh & Washington Sts. Easton, PA 18042 RE:Freehold Enterprises VS Christian Pass No. 211 Civil Term 1994 Complaint and Notice Dear Sir: Enclosed please find writ of Complaint and Notice to be served upon Christian Pass at 5480 Monocary Drive. Bethlehem, PA 18017 in your County. Kindly made service thereof and send us your bill of costs and I will mail il check for same, or enclosed is advance costs which you request, Very trul~ yours, ~(/_/ /:'~ r ;P-~N~1~ R. THOMAS KLINE, Sheriff Cumberland County, Pennsylvania Enclosures: ..- I., in:.: Court ci C~mmo~1 . ~l ,. .. ., 411 .... =.....~ ~r f ".".,._.:.~,.......--f I .'U--......, . ___ _ '--.,j,..-........_.,.........- "'1,1 ?-anr:sylv:::ni:: Freehold Enterprises Vs. Gerard Curran ;:.10, 211 .c;;.ivil ----. :?_.ll.i. :iaw, Februarv 7 :9~ !. S:~..z::: OP C~G..:....-"..!.A..'fD COt..~,!,y. ?~ co ::--=w . . . .., .- . e-.7\1r= == :c.=.::l or Philadelphia Cwu:t"I ::. ==-.:.t: .:.:.. ',V:;:, =:s d--pu::.::cu ::6; -.,.:- ~t == :-:qu=n =d :':2 of :.:: ?'!\;-~, - " ,--,.-. ..,;:." _~ ! '"r 1: .r.:;.:..'....-......<' -",,-~ r/" ,,~.....w-' ~ Sh~"l:f o! C:=::er'.:u:d C~u::tT, ":1- . .4".ffi.da.vit or Semc= So =sw=. Shc::i of CoWlrT. ?:. Swct: :me! sul::sc:-:i:d bc:= ' CO51'S ,SEAVICZ oS =::.::s C,,! oi 'a --- \'nT~~ ~GE ':\:;WAVrr s 1_ .-a , t'""\ (\1\ M ~ \L \ 1 :\1...1 L \ '-.;):1 1\5 ~ C'- .' , , " . ! ' ' ..""" ,\;,-~'q,\ ~,~;.:...~J ""..__.,__.l,:l \ 1.1..... ",.. FREEHOLD ENTERPRISES, plaintiff I IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA I I V. : NO. 211 CIVIL 1994 MICHAEL GREEN, ET AL., Defendants . . I ~ 8TIPUjd:'- AND NOW, this I r- day of , 1994, Defendants Christian pass, Michael Green, Daniel Vogelman and Plaintiff Fre.hold Enterprises hereby agree that the above defendants withdraw their praeoipe to strike Plaintiff's complaint in the above matter. ( . BRESCHI, E RE Attorney tor Defendants Christian Pass Miohael areen Daniel Vogelman E MAR-313-94 WED 16: 13 717 234 713813 P.02 .",. ~ " ::-- ;;:; q;) "J ''-J <> "'> ... Ii>- w .... ~!! Z 5 w ~ CJI-~~ a~~~:. ; ~~U U en r'l a:: za:a5 <( w :;: ~J: WE DO H(AElV CIATI'V THAY THI WITHIN II A TAUe AND CO'" AICT CO'V 0' THE ORIGINAL ruo IN 'HaS ACnoN IY lAWO'llelS :&,,,,., IlIM.., ~"fif1,-f ... ."ntllll '""Olil" '0 '"' Sr.,.":'?..." llOt Dns H'Olll IlMrICI....JII'!(lf'OIII...JUCIO/oIIIIil' ...., . '''''ND AQUiIII' rou "._-~tfflllitr~- MANCKE, WAGNER. HERSHEY & TULLY "'"DRHEY FREEHOLD ENTERPRISES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 211 CIVIL 1994 MICHAEL GREEN, DANIEL VOGELMAN, CHRISTIAN PASS, and GERALD KEARN, Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTICIA Les han demandado a usted en la corte. Se usted guiere defenderse de estas demandas expuestas en las paqinas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archhivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en conra de su persona. Sea avisado qui si usted no soe defiende, la corte tomara mmedidas y purde entrar una orden contra usted sin previo aviso 0 notoficacion y pro cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 BUS propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDO A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICIAN CUYA DlRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ~~2Jr::':~ FREEHOLD ENTERPRISES, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . . : NO. 211 CIVIL 1994 MICHAEL GREEN, DANIEL VOGELMAN, CHRISTIAN PASS, and GERALD KEARN, Defendants . . . . . . . . Ml81fBR MID HBW MATTER AND NOW, COMES the Defendants, Michael Green, Daniel Vogelman and Christian Pass by and through their counsel, MANCKE, WAGNER, HERSHEY & TULLY, who file an answer to Plaintiff's Complaint in support thereof represent: 1. Admitted. 2 . Admitted. 3. Admitted. 4. Admitted. 5. Denied. After reasonable investigation Defendants are without sufficient knowledge or information to form a belief as to Proof is hereby demanded. the truth of this averment. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Denied. To the semester, Defendants began contrary, at the conclusion of their to move out of the leasehold premises ~~!{~ and had most of their personal property moved out of the leasehold premises by May 8, 1993. 12. Denied. To the contrary, Plaintiff was aware of the Defendants' forwarding address at the conclusion of the lease. In fact, when Plaintiff filed his civil complaint against the Defendants in District Justice Daihl's office, the Plaintiff included Defendants Vogelman, Green and Pass current addresses with the complaint. A copy of the civil complaint is attached hereto as Defendant's Exhibit "A". l3. Denied. After reasonable investigation Defendants are without sufficient knowledge or information to form a belief as to the truth of this averment. Proof is hereby demanded. l4. Denied. The Defendants did use the premises with care while they were in possession of same. l5. Admitted in part denied in part. It is admitted only that the Defendants were sent letters dated June 24, 1993 which are attached as Exhibit "B" in the Plaintiff's complaint. All remaining aspects of this averment are denied. To the contrary, the notice provided by Plaintiff Freehold Enterprises was not a timely notice in that it was written and sent to the Defendants after thirty (30) days from the date the leasehold premises were surrendered and accepted by the landlord. 2 16. Denied. After reasonable investigation Defendants are without sufficient knowledge or information to form a belief as to the truth of this averment. Proof is hereby demanded. 17. Denied. Plaintiff failed to follow proper legal procedure in providing the Defendants with written notice within thirty (30) days of the acceptence of the leasehold premises of any damages to the premises which the Plaintiff intended to claim. Moreover, the Defendants treated the property with care during their possession of the premises. WHEREFORE, the Defendants respectfully request judgment in their favor. II. HBW MATTBR - RBS JUDICATA 18. Paragraphs 1 through 17 are incorporated herein by reference as though set forth at length. 19. All matters at issue in this case were previously decided by District Justice Daihl in an action brought by Plaintiff against the Defendant captioned Freehold Enterprises v. Vogleman, Green, Pass and Kearn, Docket No. CD-l92-93. A copy of the civil complaint is attached hereto as Exhibit "A". 20. On December 2, 1993, District Justice Daihl entered judgment in favor of the Defendants in this action. A copy of this notice of judgment is attached hereto as Defendant's Exhibit "B". 21. Plaintiff's instant action against Defendants is barred by the doctrine of res judicata. 3 WHEREFORE, Defendants request judgment in their favor. xxx. HBW MATTER - XLLIQALXTY 22. Paragraphs 1 through 21 are incorporated herein by reference as though set forth at length. 23. Plaintiff took possession of the leasehold premises on or about May 8, 1993 and began making repairs to the leasehold premises. 24. The Plaintiff did not send the Defendants a written list of any damages to the leasehold premises until June 24, 1993. 25. Because the Plaintiff did not provide written notice within thirty (30) days of the termination of the lease or upon surrender and acceptance of the leasehold premises, the Plaintiff has violated Title 68 5250.512 and therefore, the Plaintiff forfeits all rights to withhold any portion of the security deposit or to bring a suit against the tenants for damages to the leasehold premises. WHEREFORE, the Defendants respectfully request judgment in their favor. IV. COUNTERCLAIM 26. Paragraphs 1 through 25 are incorporated herein by reference as though set forth at length. 27. The Plaintiff, Freehold Enterprises, accepted possession of the leasehold premises on or before May 8, 1993. 4 28. The Plaintiff sent a written notice to the Defendants on or about June 24, 1993 providing written notice of the claims that Plaintiff was retaining the security of Defendants. 29. Because the Plaintiff did not send this written notice within thirty (30) days of the date they accepted the leasehold premises, the Defendant tenants are entitled to double the amount of security deposit, pursuant to Title 68 5250.512. 30. In accepting the leasehold premises on or about May 8, 1993, the Plaintiff confiscated numerous personal items of Defendants and has not released those items to the Defendants. 31. The personal items of the Defendants that Plaintiff has confiscated have a value of approximately $1,000.00. WHEREFORE, the Defendants respectfully request this Court to grant judgment in their favor in the amount of $2,800.00. Respectfully submitted, MANCKE, WAGNER, HERSHEY & TULLY ~, \ By,s D 'l:-D'R. Attorney ID # 59001 2233 North Front street Harrisburg, PA l7110 717/234-7051 Attorneys for Defendants Michael Green, Daniel Vogelman and Christian Pass 5 VBRII'ICATIOH The undersigned, David R. Breschi, hereby verifies and states that: 1. He is the attorney for Michael Green, Daniel Vogelman and Christain Pass, Defendants. 2. He is authorized to make this verification on their behalf. 3. This verification is made by counsel pursuant to Pa.R.C.P. No. Rule 1024(c). 4. The statements set forth in the foregoing Answer, New Matter, and Counterclaim are true and correct to the best of his knowledge, information and belief. 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. ~L~ f ~ I' pt CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirement of the Pennsylvania Rules of Civil Procedure, by depositing same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid as follows: John J. McNally, III" Esquire 2331 Market Street Camp Hill PA 17011 Attorney for Plaintiff MANCKE AND WAGNER .y~C~ Attorney 10# 59001 2233 North Front Street Harrisburg, PA 17110 717/234-7051 Attorneys for Defendants Michael Green, Daniel Vogelman Christian Pass, and Gerald Kearn -" ,-,"'IYIIVlV'''VVl:i''''" I VI' ...~I~'..::.TL.VJ\N'A COUNTY OF: CUMBERLAN"_ .....co......., 09-3-01 ':IVIL. l..OMPLAINT pv.JNnFF r FREEHOLD ENTERPRISES 1442 TRINDLE ROAD CARLISLE, PA 17013 L. ........... .&COflUS .u__ Donald W. Daih1 District Justice 09-3-01 81 Walnut Bottom oIld P.O. Box 361 Shippensburg, PA 17257 532-7676 , DEFENDANT: r """..... AOCIlUI DANIEL VOGELMAN, MICHAEL GREEN CHRISTIAN PASS, GERARD CURRAN 341 FORT STREET #1, SHIPP, PA L (CURRENT ADDRESSES ATTACHED) Docket No,: CV-192-93 Dale Flied: 8-4-93 1725' -' --- VS. T_ P\.E-'SC llIINlR wm IN ,1YI1:l! QI\ va AMOUNT FlUNG COSTS S 70.70 SERVING COSTS S TOTAL' S 70,70 DATE PAID / / / / 8/04 /93 TO THE DEFENDANT: The allove named pla/nUII(s) asks Judgmenl against you lor $ ? ,,7;\ ?;\ together wilh costs upon Ihe lellowing claim (Clvllllnes must Include citaUon 01 the s,tatute ,or ordinance violaletJ): " ' 70~ 70. f~l:ing costs , FOR DAMAGES CAUSED TO THE PROPERTY LOCATED A~341' FORT STREET, APT 1, SHIPPENSBURG. PA 17257 I, KFT,T,V <::("I-TWT1Hllll verily that Ihe lacts set lorth In this complaint are lrue and, correct to the besl 01 my knowledye, Inlormatlon, and belief, This statement Is made sub/ectto the penalties 01 Section 4904 01 tile Crimes Code (18 PA. S,CA 54904) related to unsworn falsification to authorities. Plnlndrr. Allam.,,: Addteu: Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER, YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT Will BE ENTERED AGAINST YOU 8Y DEFAULT, If you have a claim against the plainUl1 which /s within district Justice jurisdiction and which you Inlend tD a:isert altlle heariny, you must file it on a complaint lorm althis omce at least live (5) days belore II Ie uale set lor Ihe heariny. If you have a claim agalnstll1e pia/nUll which Is not within district jusUce jurlsulcUull, you may request IlIrorrnatlon Irom lI,lls alllce as 10 the procedures you may lollow, , \ AOPC ~08A.go I, Daniel Vogelman 7018 Charles street philadelphia, PA 19154 Michael Green 12741 Dunks Ferry Road philadelphia, PA 19154 Christian Pass 5480 Monocary Drive Bethlehem, PA 18017 Gerard Curran 341 Fort street, Apt 1 Shippensburg, PA 17257 (last known address) @ g r ! , r B I B ! ~ ~ I B -......-..... PLAINTIFF: ......e.....C0f'ES8 'rrREEHOLD ENTERPRISES 1442 TRINDLE ROAD CARLISLE" PA 17013 L COMMONWEALTH OF PENNSYI "INIA COUNlY OF: CUMBERLAND IMQ. Dtt. No.: ,~ OJ_,_ 09-3-01 NOTICE 0::- JUDGMENT/TRANSCRIPT -, .J VS. DEFENDANT: NAIoIE .... AOCI'ESS rvOGELMAN, DANIEL, ET AL. 7018 CHARLES ST PHILADELPHIA, PA 19154 L -, .J DONALD W. DAIHL ~: 81 WALNUT BOTTOM P.O. BOX 361 SHIPPENSBURG, PA r_, (717) 532-7676 17257-0000 Docket No,: CV-0000192-93 Date Filed: 8/04/93 (Date) (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Atlomey Fees $.00 $.00 $.00 $.00 $.00 CHRISTIAN PASS 5480 MONOCARY DRIVE BETHLEHEM, PA 18017 THIS IS TO NOTIFY YOU THAT: o Judgment was entered lor: (Name) o Judgment was entered against: (Name) In the amount 01 $ on: TOTAL ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS OF THE DATE OF JUDGMENT BY FlUNG A NOTICE OF APPEAL WITH THE PROTHONOTARY I CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, /I).':;),.9~. oaie .,.. ,. ,.,'" ~~~",ill,DlstrlctJustlce . ., .... . . " ..,.. . ,.' ......, ~~. '.. I cenlfy ttiat uils is a true~and correct copy '01 the record of the pr9sle'd(ngs contain)i1g th;{.)udgment, '; ~ ~ . 9 qOate u,. ~ : . ., , :O~r1ct Justice , ....' MYCommissionexPlresfirstMondaYOI~anUary,191~ '~....' " '. ",'S~L at . .........' ~.,. ~' -'" , ~. o. ~-:~.. o Damages will be assessed on: o This case dismissed with prejudice, ~ This case dismissed without prejudice, o Possession granted. O Possession Ilranted if money judgment Is not satisfied within thirty days. o Possession not granted, o Levy Is stayed lor days or 0 generally stayed. o Objection to levy has been filed and hearing will be held: 'Oate:'..~"'t.... ....,...... -....'... Place: Time: AOPC31So93 , . WI DO HIRI!IV CER"'V THAT THE WITHIN III A TRUE AND COR. RECT COPY 0' THE ORIGINAL f1LED IN TtftS ACT10H IV AnORHEV . -:r en ~~ I.... '; t~~ . ,~: = ,.." ,..., V\ CO ~.:: J' .- :~;-: ,:) ~ ,. <---t c---J <.., ==> ""'" Ii> ~ :h2 (!) ::l ~ E ~ <l: I- ~ ~ ci!l B ~ . > f ~ j ~ ~ P <l: w ~ ~J: lAW (,III{:(!. ~&;-urNOllili..-..oTh'tl In ;~, .. *1""'" ".'''Offll '0 _.., 'IoICUl'YO *.IH," '*1"" tlO, 0...'1 ,...,," ""YtCf .....~ Ol" A Mill"'''' ....II Itf..NO..:........" '0'-' ., MANCKE, WAGNER, HERSHEY & TULLY --.,.(_. . ' pkodladlet,.... lIcft<mbc< 22, 1994 REAGER , ADLER, PC BYI JOHH J. MCRALLY, III, ESQUIRE Attorney I.D. No. 52661 2331 Market street Camp Hill, PA 17011 Telephone: (717) 763-1383 FREEHOLD ENTERPRISES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 211 CIVIL 1994 : MICHAEL GREEN, DANIEL VOGELMAN, CHRISTIAN PASS and GERARD CURRAN, Defendants . . . . . . NOTICE TO PLEAD TO: Michael Green Daniel Voqelman Christian Pass Gerard curran TO: David R. Breschi, Esquire HaDcke, Wagner, Hershey , Tully 2333 North Front Street Harrisburq, PA 17110 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, By: Jo ; Esquire At orney I.D. No. 52661 23 1 Market Street Ca p Hill, PA 17011 Telephone: (717) 763-1383 Counsel for: Plaintiff, Freehold Enterprises Date: September 22, 1994 " pleadladlet ,... ............n.l994 REAGER , ADLER, PC BYI JOHN J. MCNALLY, III, BSQUIRB Attorney 1.0. No. 52661 2331 Market street Camp Hill, PA 17011 Telephone: (717) 763-1383 FREEHOLD ENTERPRISES, : IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 211 CIVIL 1994 . . . MICHAEL GREEN, DANIEL VOGELMAN, : CHRISTIAN PASS and GERARD CURRAN, . . Defendants . . ANSWBR TO NEW MATTER AND COUNTBRCLAIM AND NEW MATTER TO COUNTBRCLAIM AND NOW comes the Plaintiff, Freehold Enterprises, by and through their attorneys, Reager & Adler, PC, to reply to Defendants' New Matter and Counterclaim and in support thereof assert the following: NEW MATTBR - RBS JUDICATA 18. No responsive pleading is required. 19. Admitted. 20. Denied. As evidenced by Defendants' Exhibit B, the aforementioned action was dismissed without prejudice. 21. Denied. The averments set forth in the new matter contain conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is deemed warranted, Plaintiff filed a timely appeal from the determination of District Justice Daihl. WHEREFORE, Plaintiff respectfully requests judgment in its favor as requested in the current matter. pkad\Idlct,... IIqltdaber 21, 19M NEW MATTER - ILLEGALITY 22. No responsive pleading is required. 23. Denied. It is specifically denied that the Plaintiff took possession of the leasehold premises on May 8, 1993. Pursuant to paragraph 11 of the Residential Lease Agreement, the Plaintiff was permitted reasonable access to the property for the purpose of making repairs or alterations needed or to enforce this lease. Plaintiff did not take possession of the premises before the expiration of the lease term being May 26, 1993. 24. Admitted. 25. Denied. The averments set forth in paragraph 25 contain conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is deemed warranted, by letter of June 24, 1993, the Plaintiff provided the Defendants with a timely accounting of the security deposit. WHEREFORE, Plaintiff respectfully requests judgment in its favor. COUNTERCLAIM 26. No responsive pleading is required. 27. Denied. It is specifically denied that the Plaintiff accepted possession of the leasehold premises on or before May 8, 1993. The Plaintiff merely exercised its option to enter the premises to make repairs or otherwise enforce the lease as such is provided under paragraph 11 under the Residential Lease Agreement. 28. Admitted. 2 .~~ _m....._...... plcacl\adkr.&IU ..........,:n. 1994 29. Denied. As the Plaintiff did not retake possession of the leasehold premises until the expiration of the lease term, May 25, 1993, the notice of June 24, 1993, was provided in a timely fashion. Further, Defendants are not entitled to recover double the amount of the security deposit in that they did not provide the Plaintiff with written notice of their new address at termination as such is a prerequisite to the recovery sought. As such, Defendants are precluded from such recovery. 30. Denied. It is specifically denied that the Plaintiff accepted premises on May 8, 1993. The Defendants abandoned the premises as well as any personal items alleged to have been confiscated by Plaintiff. 31. Denied. In that the averments contained in paragraph 31 state facts not within the Plaintiff's realm of knowledge, said allegations are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court deny the Defendants' counterclaim. NEW MATTER TO COUNTERCLAIM 32. The averments set forth above are incorporated herein by reference as if fully set forth. 33. The Defendants failed to provide Plaintiff with written notice of their new address upon termination of the Residential Lease Agreement. 34. Pursuant to 68 Pa.C.S. S 250.512(e), Plaintiff is relieved of sll liability for the alleged failure to provide Defendants with a refund and/or accounting of their security deposit. 3 :....--'-..,-,.'.. pIc.oI\Idlcr,... 1Ict1<IIlI>er'l2.I994 WHEREFORE, Plaintiff respectfully requests judgment in its favor. Respectfully submitted, By: John J _' Bsquire Attorn 52661 2331 M rket street Camp Hill, PA 17011 Telephone: (717) 763-1383 Counsel for: Plaintiff, Freehold Enterprises Date: September 22, 1994 4 ..-- plcadladlcr ,... SqlOalIbcr :n. 1994 FREEHOLD ENTERPRISES, Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . . . v. : NO. 211 CIVIL 1994 : MICHAEL GREEN, DANIEL VOGELMAN, CHRISTIAN PASS and GERARD CURRAN, Defendants . . : . . CERTIPICATE OP SERVICE AND NOW, this 22nd day of September, 1994, I hereby verify that I have caused a true and correct copy of the Answer to New Matter and Counterclaim and New Matter to Counterclaim to be placed in the United States mail, first class, postage prepaid, certified mail, return receipt requested and addressed as follows: David R. Bresohi, Esquire MAnoke, Wagner, Hershey , Tully 2333 North Pront Street Harrisburq, PA 17110 Respectfully submitted, By: John J , Esquire Attorn y 1.0. No. 52661 233l Market Street Camp Hill, PA 17011 Telephone: (717) 763-l383 Counsel for: Plaintiff, Freehold Enterprises Date: September 22, 1994 5 d?; ~ ~;>- ..,.': ~S':,:: '<to.. "..' -,- '..-:: .... ~. """' - ", ""1 (~ '" "- '" V) @ N &!~t;~ i~~~~ oII~~~~ a:~$;ff: w02:z:,... ~~a~- FREEHOLD ENTERPRISES, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 211 CIVIL 1994 MICHAEL GREEN, DANIEL VOGELMAN, CHRISTIAN PASS, and GERALD KEARN, Defendants ANSWBR TO PLAZH'rIl'I"S NEW MATTER TO COUHTERCLAZH AND NOW, Defendants, Michael Green, Daniel Vogelman and Christian Pass, by and through their attorneys, MANCKE, WAGNER, HERSHEY & TULLY, hereby respond to plaintiff's New Matter to counterclaim and in support thereof asserts the following: liD MATTER TO COUTERCLAZM 32. No responsive pleading is required. 33. Denied. To the contrary, plaintiff was provided written notice of the new addresses of Defendants Christian Pass, Michael Green and Michael vogelman. . Moreover, plaintiff sent all correspondences associated with the termination of the lease to the Defendant's new addresses. These addresses were attached to plaintiff's complaint as Exhibit "A". 34. Denied. The averments set forth in Paragraph 34 contain conclusions of law to which no responsive pleading is required. Date:OJ~ /~/?fj B~C~/f' ~ DAV R. BRESCHI, ESQUIRE Attorney ID # 59001 2233 North Front Street Harrisburg, PA 17110 717/234-7051 WHEREFORE, Defendants respectfully request judqment in their favor. Respectfully submitted, MANCKE, WAGNER, HERSHEY & TULLY Attorneys for Defendants Michael Green, Daniel Vogelman and Christian Pass i"~".-.-" f' . ~,- VBRII'ICATIOR The undersigned, David R. Breschi, hereby verifies and states that: 1. He is the attorney for Michael Green, Daniel Vogelman and Christain Pass, Defendants. 2. He is authorized to make this verification on their behalf. 3. This verification is made by counsel pursuant to Pa.R.C.P. No. Rule 1024(c). 4. The statements set forth in the foregoing Answer to Plaintiff's New Matter to Counterclaim are true and correct to the best of his knowledge, information and belief. 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. D..., dl;{,,-, II/If?! ~ LC~ FREEHOLD ENTERPRISES, plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. . . NO. 211 CIVIL 1994 MICHAEL GREEN, DANIEL VOGELMAN, CHRISTIAN PASS, and GERALD KEARN, Defendants . . . . CERTIJ'ICATE 01' SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirement of the Pennsylvania Rules of civil Procedure, by depositing same in the United States Mail, Harrisburg, Pennsylvania, with first class postage prepaid, addressed as follows: John J. McNally, III, Esquire 2331 Market Street Camp Hill, PA 17011 DATE:/! I /.. ~t?(/er fjlf? MANCKE, WAGNER, HERSHEY & TULLY D BRESCHI, Attorney ID # 59001 2233 North Front Street Harrisburg, PA 17110 717/234-7051 Attorneys for Defendants Michael Green, Daniel Vogelman and Christian Pass -:-r c.n ;r= " ~ ~u) C;) cC~ W-l~~ Z -l ' Cl:>~~ o<{1- ~ ~ ~ P & ~ ~ ~ ~ W W :J j ~ J: 51 UUl"~ Z a: ::: $ <{w-i ~J: WE DO HEAEBY CERTIFV THA' THE WITHIN IS A TRUE AHD COA. RECT COpy Of THE ORlalHAL FIlED IN THIS ACTION BY AnORNEY, MANCKf VV/\.GNF:H.I-j: I n l .I.~ ~ \ '1: , .- .". .."of..,......,. . "'''''1'' ,.,'... IN(:tOl\fP "",r..,ff'1llo,..,. V","1(' "''''Uf \." ~ :. ......'...'..,""U...."..... ~, .' . ,"c.."'. ,