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HomeMy WebLinkAbout94-01871 ~ \\J .~ d . ( '.... ~: ; . . " . ( , -, ,J I ; I , ..........! it' :00 , -...... C-..WIALYH O' 'INHIYLVANIA caun or C_ 'L1AI fROM NOTICE OF APPEAL ~UD\CIAL OI".ICT DISTRICT JUSTICE JUDGMENT COMMON'UAIN.. 94-1871 Civil Term NOTICE OF APPEAL Notice I. gi_ thot the appellant ho. filed in the aboYe COUl't of Cammon Plea. an appeal from the judgment rendered by the Di.trict Justice an the date and In the case to... ,tlolled beIaw. on loCibI-o!\ Robe1~.J. 11~ t t C: .olerno.n ~~ 1~ '7 /- Cj 4- -.l..LU.0 This block win be signed ONLY when this natation i. required under Po. R.cP JP. No. 10088. This Notice of Appeal. when received by the District Ju.tice, will operate a. a SUPERSEDEAS ta the I~ far possession in this ca... Signahle 0/ FI'll'honoIary 01 Deputy If appellant was CLAIMANT /see Pa. R.C,P.J.P. No. 1001 (6) In action before District Justice, he MUST FILE A COMPLAINT within twenty (20) deys after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section 01 Ionn to be used ONLY when appellant was DEFENDANT t see Pa, R.c.p .J.P. No. 100 II 7) in action bef0f8 District Justice, IF NOT USED, detach from l:q)Y 01 no/ice 01 appeal to be served upon appellee}. PRAECIPE. To Prothonotary Enter ",Ie upon -.:r..h /') r'Ylo. OS c CAY) no l""\ I A rrl- hon L/ T U f'thdf'1 . appeUee(.}, to file a camplaint in this appeal -.. oJ _fNNS1 '1 (Convnan Pleas No. 94-1871 Civil Term ) within twenty (20) day. after service of rule ~.uf~ entry af j~ of non pros. c" Llr. n co-u l'Y')CV) A f)+ ho" ':-\ S9I8IlSe oJ -- Of his ._ Of -" RULE. To 'In DN'I 00 Cn.(\(\O 1"\1 ;-\.H"C',hc:\{( ,appellee(.), ,.". oJ -""'Is (1) You are notified that a rule Is hereby entered upon you ta file a camplaint in this appeal within twenty (20) day. after the date of service of this rule upon ya\!J;!y penanaI.ervice or by certified or registered maiL ..=.- (2) If you do not file a complaint within this timo, a JUDGMENT OF NON PROS W1U 8E ENTERED AGAINST YOU. Date: April 13 94 ,19_. ~ oJ AolII>....., Of DlpIIy (3) The date of service of this rule if .ervice was by m001i. the dote of 111CIl1i I \. AClPC3'2-84 COURT FILE TO BE FILED WITH PROTHONOTARY \, ~.,.~':"""."" '. PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service Musr BE FILED WITHIN TEN (fO) DA YS AFTER (il/ng the nollce o( appeal. Check applicable boxea) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; II AFFIDAVIT: I hereby awear or affirm that I served o a copy of the Notice of Appeal, Common Pleas No, , upon the Olatrlct Juatlce dealgnated thareln on (da'e o( aerv/ce) ,19_. 0 by peraonal aervlca 0 by (certllled) (reglatered) mall, aender'a receipt attached hereto, and upon the appellee, (name) ; on . 19 n by peraonal service 0 by (certllled) (reglatered) mall, sender'a receipt attached hj,rato, o and further that I aerved the Rule to File a Complaint accompanying the above Notice of Appeal upon tha appellee(a) to whom the Rule waa addressed on . 19_ 0 by personal aervice 0 by (certilled) (reg late red) mall, aender'a receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,19_ Slgnllur. of .II/.nl S,gn.rUf. 01 otl,ci,l b.tor, whom ,tlid,.,,, w" m.d. T'II. 0' oll,ei,I My commllllon expir.s on 19-. n~ "'"" ~J ",," ;: ~ -,.:'t..:.1 '.'lOr' - -.t:::- 2: f'~" c..u ::1 .:c:r, I 1""- -.. -.; ./~ ~--'. , ~ ,....,;z: _.'{. ~ --:-o~;; .... ~ J;..(')o.... ""';...,,~o VI 1":;~f'r1 -0 .....J .... .:a: ...'" ~ ,......" ~ , r .........., APR 11 '99~ ~~, ... . - .' . , . .: \. :_.~~'..~~ IhofflQS cP,.nnon ~ ~(,Hor\'f ~.;;~.l~rchq1' . Plaintiff : IN TilE COURT OF COMMON PLEAS 8.UIIJIII COqNTY, PENNSYLVANIA \,l.lY1berlo.",a 1. No.LTOOU0Cl1/S 199 CIVIL ACTION - LAW vs. : /:;td:/- , c. D.lel"\ (lolerruY"'\ : Defendant APPEAL FROM D.J. JUDGMENT 'APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I, CLlttl Col-emC\.n , due to my financial condition, am unable to pay the cost of this action, wherefore, I request I be permitted to file in Forma Pauperis. Date ORDER AND NOW, THIS \ )..rl! day of ~ Y d~ I "'--- presentation and consideration of the attached information regarding the request of ELL ~~ (() L.<. fV"~ I""; to file in Forma Pauperis, said request is hereby granted. , upon ~/(.(~~ C . She... /' J. ,y .,'d, ',!",'; '';',H3.J Ullnc'j (IN',' ;':";'in~ AynGNOHc". ,-: JO 3:)" !~ ~61 WV 90 II 21 HdV , , A' ... .~ I~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'l'Y, P~S'YLVANIA CIVIL ACTION--LAW ~O. CIVIL 1. I am the (plaintiff) financial ccnulition am unable the action 01' proceeding. 2. I _ unable to obtain funds frOlll anyone, including my family and associates, to pay the coet. of litigation. 3. I repruent that the information below relating to my ability to pay the feu and co~. is t~ and correct: (a) Nama: l:. \\-t' " ( ()le('{'lo(1 Addrus.: -I \"\ \10. \ \~~ Q C) r Qfl.J() Social Sec1,1rlty tfUlllber: '1-0.. - v'd..- ">1?:; (b) I!m1llovment If~ Employer: of my costs of prosecuting 01' defending, (JA noa.s- Salary 01' wages per IDOnth: typa of work: T-e 0.('1 ke. V- I! you are pruin"1:iy' unemployed. state Date of last .employment: Salary 01' wages per 1II0nth: Type of Work: (c) Other income within the past twelve 1II0nths Businus 01' profession: it> Other self-eIIIlIloyment: 9!' Interut: 0 Dividends: 0 Pension and annuities: (,() Social security benefits:Q) Support payments: ~ 2 . . , .... .- (d) (e) (f) Disability payments: ('J Unemployment compeasat10~nd supplemental benefits: ~ WOl'laDaa's compensation: (]) Public assistance: r?) , Other Other contl'1but1ons to household su ort (Wife) Busban Name: If your Wife) 1 (husband) is employed, Employer: \;Je ceiu 5 S~ary 01' W8g-,.peiJ1IIllUth: L./.~6() _ c.b Type of wol'k:....{; Y"e lA) __ Contributions from Children Cont1'1butiona from pannts: v:? Other cont1'1butions: <J'J state Pl'opertv owned Cash: 1) Checking. account: {~ Sav1Ggs account: Certllicates of deposit: Real estate (including ho Motor vehicle: Make Cost-lo . ")()O. Stocks: bonds: ~ Othel': 0 Debts, and obli~ations Mortgage: Rent: L.{-'5(). 00 Loana:~.ao Other: .CO {y{-/,p;- h:(IS 3 '",--..-- , Yea~-1b Amount Owed $ nO. (fO Children. if any: If_:~t''r QoJ-e rYlC\~ Age: 3 rr!nn'Ms . . . .~... ,- (8) Persons dependent upon YOU for support (Wife) (Husband) Name: Other penollS: Name: RelatiollShip: 4. I unde!:Stand that I have a continuing obligation to inform the court of 1lIIprovement in my f:1nanc1al circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to to the penalties of 18 Pa. C.S. f 4904, relating to unsworn falsification to auth nties. Date: .-W 11"'\ C4Jl rY\ (J n Petitioner 4 COM_NWIALTN 0' PINNITLYANIA COURT 0' COMMON PUAI NOTICE OF APPEAL . fROM JUOICIAL OIITRICT DISTRtCT JUSTICE JUDGMENT , . COM_NPLIASN... 94-1871 Civil Term NOTICE OF APPEAL Notice i. gMln that the appellant has filed in the above CaUft of Cammon Plea. an appeal from the judgmont rendered by the Di.trict Ju.tice an the date and in the case mentioned beIa... \.. '~L\k<\ . O\t'lnL\f"\ -) rI hv, ( "'J ....r \ .('.,'\ f....,..) t\ I -"IL,") IY ll~ - , - oJ, (J;4 (OrIlifw1dlrII'J 0; 'uH I EIICI' A NEY f(obed' H(",lo~ I -, (,'8::> Co lUlled! ( CV t9. iF Jl LT 19 ., /- tj --z lb.1l Thi. black wiD be signed ONLY when this noto~an i. required under Po. R.cPJP, No. lOOB8. This Notice of Appeal. when received by the Di.trict Ju.tice, will apemte a. a SUPERSEDEAS to the judgment far paueuian in this ca.e. SIf}llaIlJ/9 01 Prothonotary Of Deputy VI \;(\)..1) U If appel/ant was CLAIMANT (see Pa. R,C.P.J,P, No. 1001 (6) In act/on before Districl Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE 1001/7) in action belore Distric/ Jus/ice, (This see/Ion 01 fOfT/l /0 be used ONLY when appellant was DEFENDANT (see Pa. R,C.P,J,P' No, IF NOT USED, detach lrom c'PY 01 notice 01 appeal to be served upon appellee). PRAECIPE, To Prothonotary Enter rule upon 1 " '. " ,(, .' (Cammon Plea. No. 94-1871 Civil (\.1 11,(;1 " _01 Term ,j jfll K,J,h Tl.\ ,dldl ,appellee(.).ta~acamplaintinthi.appeaI 51 ) within twenty (20) day. after 7vice of rule '( j'~~~ ent:y ~f judgment of non pros. ( (U I \ l...{7U I ) )(:1 (, .' . " , .-:: . d' I )(j I " ~ Signa/lIo 01 __ or his ottotney Of _ RULEI To \ \ \ ( \, \ ~ 0 { (, '.'" .. \ I 'J \ U (( \ "j \ I ,appellee(.). e- Nwneot~s '" ' (1) You are notified\lidt a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) day. after the date of service of IN. rule upon you", personal service or by certified or regi.tered mail (2) If you da not file Cl;camplaint within this time, a JUDGMENT OF NON PROS W1U BE ENTERED AGAINST YOU. , . (3) The date of ~af t~~ ~ service was by mail i. the date of mailing. Q.I ..- ~. ... AprU 13 .~". j~' If ",1'1..."'4 I ~V<;f~oI__(ar~ ~I'J/ . ' NJPC 312-64 COURT FILE 1, .. \ <~, ;_' -, 0 ~ It PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (ThIS prool 01 service MUST BE FILED WITHIN TEN (10) DA YS AFTER Illing Ihe nolice o( eppeal, Check applicable bONea) COMMONWEALTH OF PENNSYLVANIA r:l COUNTY OF r \ 11'1" \;f'(" 'Cl Y"I ;11 AFFI DAVIT: I hereby awear or affirm that I served b a copy of the Not~APpeal, Common RI.e~s No. 94 - (dale 01 service) I - I 3 ,19..n.. 0 b ersonal servlc d) mall, aender'a ~Pt attached hereto, aRd, '1JlOn tho appellee, (nam~ ,r ~ e. . on -I ~ ' 19~ by personal service Lf by cerllful" (regiatered) mail; aender'a receipt attached herelO, o and further that I aerved the RUI~ File a Complaint accompany~q t~e above Notice of Appeal upon the appellee(a) to whom the Rule wa~ addressed on, - \ ~ , 19:::t:::1 0 by peraonal aervlce~b~eglstered) mail, aender's receipt attached hereto, SWORN (AFF~MED) AND SUBSCRIB~D BEFORE ME THIS /.'1- DAVOF - ,..,1 ,199L/ '-~ ~ ~c" ,~~ /- - Slgn,'ur.o/.lII.nl r Tit/,oto""i" . ',~ "'-"'-. (} nrr. J,,~:~.commIS~Illl\ b.Wll~~:~_~ ',.., My commlulon rlln , 19_. " -. -<, . 'n5: .. c: x'" ~tr:r ....; zttlm..;. 7"r~'-n" ",r-:L" r, _,J>. c.' , r- Z -1(~ .,;C:::',"9T 1"0U:!! ' z,.,zC") ~t.'~FTl ~~ ~-t - ;: 'J ;i"i.. f.U, '~ ';.' N ~ CD ~ r " ' - . CoG .c.. " ' ....... C'''''1ed ," Special o.w.v r.. "'StflCl~ o.tMry he - R.un F1ec'lpl Showw1ng /.",-, '" '" 10 Whom . DlI. OetlVeftd - R.rutn ""tip, ShoYmg 10 Whom. 5 o.laI, .nd ~'. Addr... ., TOTA $.:z<7 . .. 0 0 ~ e If K! - ------ ---- - P 117'1 1j52 Ilb1 ~ Receipt for Certified Mall ___ No 'n.ur.nee Coverage Provided lGlIl'oI1:B Do not u.. fo, Internotlono' Moll IS.. Rov....' 10 t fv\o.f'\ ove- 3 ...- $. <' ~ /,,-, eMI"..,'" Spe(IIl Oehver, r.. ....b'Ct<<f~fM ;; A.",",Rec:eipCSI'Iowlng /..1'-' Cb 1O",,*,,'o.l.D.liftr~ - R",," II U~ 10 Whom, I DlIe. . "Ackh.. j ~o ii~~ .. $ .? 2 ~ g .- ~' ." "" \::j"';d--<~~~' K! ''---'"" ,~.,.,.",........~....>_.-~:. .<.' ,..,."....... P 117'1 1j52 Dbll ~ Receipt for Certified Mall .. No Inaur.nee Coverage Provided 1GlIl'.&1:8 Do not u.. for Inll,nll'onol Moll IS.. RIver.., -::I'" en ~ = 1.;_ N N N ........ - ." ::0,:: >-.- ~,.. ..r: J", '.- .... ~U~; r,' ,,;._ ~ ?,'J~.: ~.~ T:-:.>:' f .-J.__,. . ','1 .IX ,t,.', I:: ..' ,~. . ;;:j ''''4.'' '" ~ .. ~ ~ ~ ~ ~ ell ~ "'i II ~ ~ ~ ~ Z III ~ III 8 ~ ~ ~ ~ ~ l'! ~ ~ ;;> ~ ~ ~ uh ~ ~ III " ~ ~ " 9 ~ . . - THOMAS J. CANNON and ANTHONY J. TURCHETTI, Plaintiff ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs SCOTT M. COLEMAN and ELLEN M. COLEMAN, Defendants NO. 94-1871 CIVIL NOTICE TO THE DEFENDANT NAMED HEREIN: 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 FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-6200 THOMAS J. CANNON and ANTHONY J. TURCHETTI, Plaintiffs ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-1871 CIVIL vs SCOTT M. COLEMAN and ELLEN M. COLEMAN, his wife, Defendants COMPLAINT AND NOW come the above-named Plaintiffs, by their attorneys, Andes, Vaughn & Bangs, and make the following Complaint: 1. Plaintiffs are Thomas J. Cannon and Anthony J. Turchetti, adult individuals who maintain an office at 819 Briarwood Lane in Camp Hill, Cumberland County, Pennsylvania. 2. The Defendants are Scott M. Coleman and Ellen M. Coleman, formerly Ellen M. Antol, adult individuals whose last known address was 717 Valley Street in Enola, Cumberland County, Pennsylvania. 3. By a lease dated 30 July 1992, Defendants leased from Plaintiffs a townhouse at 717 Valley Street in Enola. A copy of said lease is attached hereto and marked as Exhibit "A". 4. The lease automatically renewed at the beginning of August 1993 for another one-year term. 6. Under the terms of the lease, Defendants were to pay to Plaintiffs $450.00 per month rent, to pay the quarterly sewer bill, and to pay a late charge of ten percent of each monthly payment of rent not paid on time. 7. The Defendants breached the lease agreement between the parties by failing to make rental payments for the months of March and April 1994, by making some payments late, and by failing to pay the quarterly sewer bill for the first quarter of 1994. As a result, Defendants are indebted to Plaintiffs in the following amounts: Two months rent Three months late charges Sewer bill Total $ 900.00 135.00 87.75 $1,122.75 8. Defendants vacated the apartment in late April 1994. At the present time, Plaintiffs have not been able to relet the unit and continue to suffer losses in the form of unpaid rent and late charges, at the rate of $495.00 per month for each month after 30 April 1994. 9. Plaintiffs have incurred court costs in the amount of $159.98 in an effort to enforce their rights before a district magistrate. Defendants are indebted to Plaintiffs for that amount as well as the claim set out above. WHEREFORE, Plaintiffs demand judgment against Defendants in the amount of $1,122.75 as of 30 April 1994, plus court costs of $159.98. plus interest on said sums at the legal rate from and .....>.~.,...- after 30 April 1994, plus additional rent and damages at the rate of $495.00 per month commencing with 1 May 1994, and continuing until the unit is relet, plUS interest on said sums. ~:: . 'ANGS elL'~ Attorney for Plaintiffs COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ( SS>: ) THOMAS J. CANNON, being duly sworn according to law, deposes and says that the facts set forth in the foregoing 'complaint are true and correct to the best of his knowledge, information and belief. Sworn to and subsc~ibed before me this :!').~(}.. day of mill( , 1994. I ~;;;*~ I I '\ DATE APARTMENT n-wvefj rAJ AS M BEGINS RENT RESIDENT: 34 ,/2- 4?().0 S~ (~~/ ~~t:ix/~ '/-5tP,&>D I ,() 1..-5' OWNER: 1lI..A~)/tTrr-(Jf)JJAJ~AJ.. 'F /'1 8/?1'/;,f ltJ"fJ6 UJI/e. ~I)b)/J IJI.Z"~ ,PI}.. ., , # ,,~ '1 Intendfng to be legally bound, Owner hereby leases to Resfdent, and Resfdent, jointly and severally ff more than one, leases fr.om Owner, the apartment desfg- nated above for a term of one year beginning on the date designated above and for a further term beglnnfng when the fnltlal one-year term ends and continuing untfl the lease fs terminated as provided In the lease, under the provisions and community pOllcfes set forth In this lease. RENT 1. Resident agrees to pay to Owner the monthly rent set forth above on the first day of each month. fn advance, at the Rental Office of Owner or such other place as Owner may from time to time request. Resident further agrees to pay a late payment charge of 10% of one II'Onths' rent 'on late rental oavrnents received after the third 3rd da of a . If rental~s malled, the post- mar w eterm ne t e ate 0 payment, any check for rent fs returned to Owner for Insufffcient funds or other reason, late charges will continue until rent is actually paid by Resident. Resident further agrees to pay Owner a processing fee charge of Ten Dollars ($10.00) fn addition to the late payment charge for any check from Resident that is returned to Owner from the Bank for any reason. TERMINATION 2. Owner may terminate this lease without cause by giving sixty (60) days BY OWNER prior written notfce to Resident. 3. Resident may terminnte this lease only by giving written notice to Owner at least two (2) full calendar roonths bcfora the terrnlnstf::m d~te, ~Ihich rn'J~t be the last day of a cale~dar month, and by paying to Owner, at the time notice Is aiv~ all rent rlue to the termination date. . . If termination of the lease by Resident takes effect during the initial one-year term of the lease, Resident shall also pay to Owner, liquidated damages for prematur: termination. Liquidated damages are due and payable at the time notice is given, an shall be determined by the Owner, but will normally not exceed the balance of rent due for the initial term of the lease. TERMINATION BY RESIDENT Uwner shall be'entlt1ea4:0 ~taln a'll rertt for {he apattment-to the termlncrc1'Orf date. regardless of whether the apartment is previouslY vacated by Resident or whether' it is re-rented by OWner. If without the prior written consent of Owner, Resident retains possession of the apartment after termination of the lease term. in addition to damages due to Owner, Resident shall pay to any successor lessee who has been deprived of possession by Resident all costs Incurred by such person for substitute lodging, including motel lodging, for himself and his I famlly untll possession is surrendered and for three days thereafter and all expenses of moving and storing household goods occasioned by the failure of Resident to surrender possession. Resident agrees that any succeeding lessee of the apartment deprived of possession by Resident shall have the right, independent of Owner. to enforce this agreement and to recover the foregoing damages, OWner shall have the right but shall not be required, to apply R~sident's security deposit on payment on, account of damages suffered by a successor lessee by reason of Resident's wrongful holding of or after termina- tion of the lease term. . RENT INCREASE 4. Owner may increase the monthly rent or change the terms of this lease on written notice to Resident given at least sixty (60) days before the first day of the month in which the Increase in rent or change in lease terms is effective. Owner may not make any increase in rent or a change in the lease terms which will take effect during the initial one-year term of the lease. The ren~ increase or change In lease terms shall take effect in the manner specified by Owner unless Resident shall terminate the lease as provfded In paragraph 3 within ten (10) days after notice of a rent fncrease or change of lease terms is given by Owner. ".:y/.. PIBlntlll's Exhibit " . 1 ..... , , , , , USE UTIL IT! ES CARE OF APARTMENT o\omER'S LIABILITY OCCUPANCY OAt1AGE BY FIRE RIGHT OF ENTRY " 5. 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 apart- ment, Resident agrees not to alter or make additions to the apartment, Its painting or Its fixtures and appliances without Owner's written consent. Resident agrees not to do or to permit any act or practice injurious to the building which may be disturbing to other residents, which may affect the insurance on the building, or which Is contrary to any law. 6, Resident will pay the utility company for electricity consumed In the resident's apartment as well as any electricity consumed outside the resident's apartment, such as patio or balcony receptacles and lights, lights at entrance doorways, or in the cORmon entranceway to resident's apar'tment. Resident agrees that Owner may temporarily suspend any utility service, In the event of accident or to permit repairs or alterations. Owner shall not be liable for failure to supply heat, air conditioning, hot water or other services or utflitles when such failure shall be beyond Owner's control or to enable Owner to service or r~air installations. Additional utllities that Resident 15 liable for: ~E"~-rl<.z~ J loA'TGIJ.., 56JAJG,I), 'T!4.5.11 7. Resident agrees to use due care in the use of the apartment, the appli- ances therein, and all other parts of Owner's property, to give written notice to Owner of the need for repair thereof, and to pay for all repairs to the apartment, its contents, and to all other parts of Owner's property which are necessitated; by any act or lack of care on the part of Resident, members of Resldentls family, or his visitors. 8. Owner shall not be liable for property damage or personal injury resulting from any condition affecting habitability or any failure to maintain or repair the apartment, the appliances therein, or any other part of Owner's property unless the damage or injury results from a failure or refusal to make a bona fide effort to correct the conditions or make necessary repairs for which Owner Is responsible within a reasonable time following written notice by Resident of the need to do so. Resident further agrees that Owner shall not be liable for property damage or injury occuring in the apartment or elsewhere on OWner's property unless the damage in injury results directly and exclusively from Owner's negligence. Resident agrees to insure all of Resident's personal pro- perty to its full insurable value (with the necessary fine arts, silver, jewelry or other schedules) against loss or damage by fire and other hazards insured under the standard Pennsylvania broad Form HO-4 Tenants' or Renters' Insurance Policy. Resident waives any and all rights of recovery against Owner, and Owner's employees, agents and managers for any and all loss or damage to any or all of Resident's personal property in the apartment or elsewhere on Owner's property as is caused by fire or other hazards which are insur.ed against under the standard form Pennsylvania HO-4 Tenants' or Renters' Insurance Polley. 9. If Resident occupies the apartment before the lease term commences, the occupancy shall be subject to the terms of this lease and Resident shall pay the rent stated herein from the day of occupancy. If the apal'tment is not available for occupancy when the lease term commences, Owner may offer Resident a compara- ble apartment, the lease shall remain in effect, but no rent shall be due until the apartment is ready for occupancy; provided, that if the apartment is not available for occupancy sixty (60) days after the lease terms begins, Resident may cancel this lease by notice to Owner given before it is available, In which case Owner shall return Resident's security deposit and neither party shall have any further right against the other. Residentls remedy is limited t~ the right of,cancellation. 10. If the apartment is damaged by fire or other casualty, OWner 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. 11. Owner or any person authorized by OWner has 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. Resident also acknowledges that the OWner has the right to enter the apartment at reasonable times to sheM the apartIrent to prospective purchasers. 2 . .. . '. ,ECURITV ~EPOSIT USE OF EXTERIOR O."IIER'S REHEOIES COll/fUNITY POLICIES SUBORDINATION lIIE TERr" "RESIDEllT" 12, Res I dent agrees to pay the security depos I t set forth above pr I or to occupancy of the apartment. The security deflos I t sha 11 be he I d by Owner as security for the payment of all rent and othel' alllQUllts due from ResIdent to Owller, for the ResIdent's performance of this lease, and agalllst any damages caused to the apal'tment or any other ~Iart of Owner's property by Resident, his family and guests. ResIdent understands and agrees that the securIty deposIt may not be appl1ed as rent or against ally other amount due from Resident to Owner, without Owner's written consent, and that the monthly rent will be paid each month, Including the last month of the le~se term. WithIn thirty (30) days following termination of this lease. Owner shall return the security deposIt, less any deductIons from It on account of amounts owed by Res Ident to Owner, to Resident by check payable to all persons Signing thIs lease maIled to a forward- Ing address which must be furnIshed by Resident In writIng. 13. The lease confers no rights on Resident to use for allY purpose any of the property of Owner other than the Interior of the apartment hereby leased, except the walks alld roadways glllng access thereto and such other areas, If any, as Owner may from time to tIme des I gn'!te for the use of res Idents. When the use by Resident of any other portion of Owner's property is permitted, It shall be subject to the rules and regulatIons established by OWner. 14, If Resident shall fall to pay rcnt, or any other sum, to Owller when due, or shall default In any other provisions of this lease; or shall remove or attempt to remove any of his possessions fr'om the prcmlses before payln9 to Owner all rent due to the end of the lease term, l>'tll1el', In addition to all other remedies pl'ovlded by law, may (1) termlnalc or Interrupt any or all utility services supplied to the apartment by Owner, (II) ta~e the possession of the apartment, or (Ill) terminate this lcase. Resident specifically waives the right to the three (3) months' notIce 'and to fifteen (15) or thirty (30) days' notice required by the Act of Assembly of IIprll 6, 1951, P.L. 69, and agrees that five (5) days' notice of termination for breach of lease shall be sufficient. 15. Resident agl'ees that he will comply alld procure complIance of meMbers of his family, and his guests, with the conmunlty policies which are printed hereon and which are a part of this lease. 16. This lease Is sub.lect and subordinate to the lien of all mortgages now or at any time herearter placlld upon any part of Owner's property tlhlch Includes the apartment, to extenslolls or renewals thereof, and to all advances now or hereafter made on the security thereof, Resident agrees, upon request, to excute such further Ins truments evl denc1ng' such subordl na t Ion as Owner may requcs t, and If Resident falls to do so, Owner Is emllol'/el'ed to do so In the name of Resident. 17, The term "Resident" used herein shall refcr collectlvel'y to all persons named above and signIng thIs lease as Resident. and the liabilIty of each person shall be joInt and several. lIotlce given by Owner to any person named as Resident, or by any such person to Owner, shall bind all persons signIng thIs lease as ResIdent. . 18. Resident nay have~.<J.E ~IJTOCCVJf.1Y the apartment as corv:3itionally agreed to by the o.mer. Resident agrees to prov~/4"07> additional security deposit to the Owner for this privelege. The total s ity deposit wlll bepSW-II1. Resident further agrees to "steam clean" all carpeted areas of the apartment when they nove out of the apartment. If the resident falls to clean the carpet as prescribed, the Owner shall deduct funds fran the security deposit to have the cleaning professionally cmpleted. By: )Jti 1~ LllY n tvl ~)~ f)ftLf . Resl ent 3 t .. " . GENERAL POLICIES 1. No pet of any on Owner's property. , kind shall be brought or kept in the apartment or elsewhere 2. Upon termination of the lease, Resident shall surrender ths apartmsnt to Owner in compliance with the follOWing conditionsl (a) No damage to the apartment, or appliances, beyond fair wear and tear. Dirt is not fair wesr and tear. (b) The entire spart~ent, including bathrooms, closets and cabinets be defrosted. The wall-to.wall (c) No stickers, scratches or holes bulbs to be replaced. (d) No indentations or acratches in wood or resilient flooring, formica, or sppliances. (e) All keya must be returned. (f) All debris, rubbish and discards must be placed in proper rubbish containers. (g) Forwarding address must be left either at the Rental Office or with the Owner. range, exhaus t mua t be clean. carpeting must on walla. All fan, refrigerator, The refrigerator muat be clean. burned-out light 3. Resident shall not chsnge locka or install additional locks, chains or other fasteners without the written consent of Owner. 4. At the termination of the lease, Resident must remove sll personal property not belonging to Owner from the apartment. Any property not removed shall be considered abandoned, and Owner may dispose of it without being accountable to Resident for doing so. 5. The use of sny type of kerouene heater in the apartment is prohibited. No gas or charcoal cooking grills to be used on enclosed porches or inside buildings. 6. No water bed a are to be maintained in the apartlaent without tit.. written consent of the Owner, It is necessary, when a water bed is to be plsced in sn apartment that Resident showa evidence of an insurance policy which ia currently available for water beds, and a setisfactory structural inspection be made of the unit by Owner. 7. Resident, his family. and hia guests, shall not at any time'mske any noise, or do anything to conduct themselves in any way which disturbs any other residents or interferes with the rights, comfort or conveniences of any other resident. Musicsl or sound reproducing instruments or singing within the apartment shall be inaudible outside the apartment between 11100 each night and 8100 the following morning. Laundry equipment shall not be operated between the hours' of 9:00 p,m. and 8:00 a.m. 8. Resident shall not place or pennit to be placed or maintain any sign or advertising matter or device, or any roof aerial, or other structure in any window of the apartment or elaewhere in or upon Owner's property. Resident shall not place or maintain sny awning, screen, shade or blind in or at any window of the apartment without the prior written permiaaion of Owner. 9. Resident shall keep the apartment in good and sanitary condition. ClothinR, rugs or other articles shsll not be plsced at sny window of the apartment and shall not be hung, dried or cleaned anywhere outside the apartment. Nothing shall be placed outside or upon any window sill or thrown or dripped from any window. Balconies shall be cleaned with care to avoid sweeping dust or dirt onto the balcony or patio below. 10. Reaident shsll use only the laundering facilities and other appliances installed by Owner. Resident shall not bring any refrigerator, freezer, or other major appliances into the apartment. -more- . 11. R..id.nt shall u.. and pormit hi. vi.itor. to U.. only such vehlcl. p.rklnl apec. .. .h.ll b. ...ilned to the r..id.nt from tlmo to time by Own.r. 0011 motorcycl.., p....ng.r car.. v.n., or pickup truck. have a maximum l.nsth of 18 fe.t and maxlmum Iroe. v.hicl. w.ilht r.tlnl of 8,500 pounds .hall b. p.rmitt.d to b. p.rked on Own.r'. prop.rty. Plckup truck. with .mall csmper3 or c'p' and vans conv.rted for u.. .. c.mp.r. ar. not .p.clflcall, prohlbiteu, but Own.r r"'tv" the rilht to rul. on indivldu.l vehicl.s to pr"'rYe thl comfort. and conveniences of oth.r re.ident.. Re.ident .h.ll not p.rk .ny vehlcl. or any kind on Own.r'. prup.rty unless the vehlcle i. currently llcensed. In running condition, .nd relul.rly u..d by r..id.nt. R..ld.nt .gree. that Owner MaY tow .way any vehlcl. perkod In viol.tion of this relulation at Resid.nt'. expen... Re.id.nt .h.ll not u.. Own.r's property for rep.lr or disjolnment of .ny vehicle. 12. Re.ident .h.ll use plumbinl and electrical inst.llatlon. 0011 f9r their Intended purposes. .nd eh.l,l b. t'ully re.ponslbl. for mai.nten.nc. of the 11m. .nd for clearinl any atop pal" in waate wat.r Ilnea. 13. All tr.sh and rubbl.h i. to be pl.ced in pl.stic bags and plac.d .t curbsid. on trash remov.l pickup d.ys. 14. Walks, entryw.y., h.ll., .t.lrw.y., lobbie.. landing. shall bo uaed only for acce.. to .nd from the apartment, ah311 not be us.d for children'. play are.a, .nd sh.ll bo kept clear of bicycles, toys. w.ste recept.cle. and othor .rticlea at .11 tlmes. 15. Resident 'Ireea that Owner may change theae General Policies from time to time a. m.y be required to protect the apartment of Owner's other property, or add to the comfort. .nd conveniences of .11 realdents in the community of which the apartment i. . p.rt. 16. Resident shall be responsible for control of rodents/insects, if any, while OCCU?ying the aparbrent. M ~.{l~ sident (SEAL) ?: OJ IIV'. A1 ,,--/.,;-1:0 (, Resident '1 . (SEAL)