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HomeMy WebLinkAbout01-4658COMMONV/EALTH OF. PENNST{~fANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS N& ~ l- ~'~/d"~ ~---.-I~'~J, ( NOTICE OF APPEAL Notice is given that the c~opellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned belo~ 1~8& .............. I ~ ~ ~1 ( 6 ) in ~tim ~f~e DJs~ict d~tice, he MUST This ~t~e of A~I, w~ ~ei~ ~y ~ ulsmc~ ~usnce, Will ~ Qs a ~PER~DEAS ~ ~ j~ ~ p~es~ in this case FILE A COMPLAINT within ~en~ (20) da~ after filing his ~TICE of APPEAL. S~a~re of ~t~y ~ PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fo~m to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Ente~ruleuponP '3"~Y-xl ~' ~]~Z~/"~t(~ t'J~-l,.3~r'~'~P ,appellee(s),tatileacomplointinthisoppeul (Common Pleas Ncx OI-q6,~'" ¢i'~,1 T~,.~.,~ ) within twenty (20) days a~or._sprvice of rule or suffer entty of judgrnent of non pros- (1) You are notified that o rule is hereby entered upon you to file a complaint in this al;~"al within twenty (20) days after the date of service of this rule upon you by personal service or by certified a~ registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS W1LL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by .:(:il is the dote of m~iling. COURT FILE TO BE PILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT ( £his prcof of service MUST BE FILED WITHIN TEN (70) DAYS AFTER filing the notice of appeeL Check applicable boxee) COi~MONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served ~ a copy of the Notice of Appeel, Common Pleas No, (date of service) receipt a[tached hereto, and upon the appellee, name) , 19 ......... [~] by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto the Rule was addressed on 19 .... ,~ by personal service ~! by (certified) (registered) mail, senders receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ._._ DAY OF , 19____ , upon the District Justice designated therein on , [] by personal service [~] by (certified) (registered) mail, sender's Signature of affiant COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-05 GAYLE A. ELDER Address: 507 N. YORK ST. MECHANICSBURG, Telephone: (717) 766-4575 PA 17055 VALERIE HRUBACHAK 99 W PORTLAND ST APT.# MECHANICSBURG, PA 17055 THIS S TO NOTIFY yOu THAT: Judgment: 2 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS --'1 FWKIGHT, NOP/~a-N F, ET AL., 184 KONHAUS ROAD MECHANICSBURG, PA 17055 L d VS. DEFENDANT: NAME and ADDRESS FHRUBACHAK, VALERIE ~ 99 W PORTLAND ST APT.# 2 MECHANICSBURG, PA 17055 L d Docket No.: LT-0000201-01 Date F ed: 7/13/01 ~IFF ~-~ Judgment was ehtered for: (Name) WRIGHT, NORMAN F, ET AL. Judgment was entered against HRUBACHAK, VAL~RIE in a [] Landlord/Tenant action in the amount of $ 926.50 on 7/24/01 . (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established ~l~J.,01~ess~;Security Deposit A.p~)l~d -- $ AdjudicatedbJ~r~o.u(~) Rent in Arrears $. -- = Physical Damages Leasehold Property $ .00 -- $. .00 = $ .00 Damages/Upjust Detention $ . O0 - $ . O0 = $ . O0 Less Amt Due Defendant from Cross Complaint -- $ . O0 Interest (if provided by lease) $ _ 00 UT Judgment Amount $ 590 _ O0 ~] Attachment Prohibited/ Judgment CostS $, 86.50 Victim of Abuse (Act 5, 1996) Attorney Fees $ 2 ~; ¢1 _ 00 r~ This case dismissed without prejudice. ' Total Judgment $ 926.50 ~ Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ~1 Possession granted if money judgment not satisfied Dy t~me of eviction. ~1 Possession not granted. [] Defendants are jointly and severally liable. .~. Levy is stayed for days or! ! generally stayed. [] Objection to Levy has been filed and hearing will be held: Date: Place: Time: IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF TIlE cOURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPEL!.}ANT MUST DEPOSIT WITH THE PROTHO, NOTARY~CLERK OF COURTS ]'HE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE'DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COP~,,~OF TF,.~ NO~CE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. '/-':~,-/~/ Date . ~, (/. (Y('~,'7 ,District Justice I/certiiy thaFtl~'is is a true and correct cdpy of the recorcTof the ~)roceedings containing the judgment. Date i District Justice My commission expires first Monday of January, 2006. SEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLA/qD 09-3-05 GAYLE A. ELDER 507 N. YORK ST. MECF~kNICSBURG, PA (717)766-4575 17055 TO THE DEFENDANT: The above named plaintiff(s) asks judgment together with costs against you for the possession of real property and for: Lease is [] Residential F~ Nonresidential. LANDLORD AND TENANT COMPLAINT PLAINTIFF: NAME and ADDRESE NORMAN F. WRIGHT and sUZANNE C. WRIGHT 184 Konhaus Road LXechanicsburg, PA ~755 DEFENDANT: NAME and ADDRSSS VALERIE HRUBACHAK 99 West Portland Street, Apt 2 Mechanicsburg, PA 17055 b Date Filed: 7/13/01 Amount Date Filing Costs $ .56.50 ~7 /13 D1 Service Costs $ ,30.00 7 113 D1 Total $ / r-~ Damages for injury to the real property, to wit: E~ Damages for the unjust detention of the real properly in the amount of ~-~ Rent remaining due and unpaid on filing date in the amount of ~'-~ And additional rent remaining due and unpaid on hearing date THE PLAINTIFF FURTHER ALLEGES THAT: 1. The location and the address, if any, of the real property is: 2. The plaintiff is the landlord of that property. 3. He leased or rented the property to you or to 4. F'~ Notide to quit was given in accordance with law, or F~No notice is required under the terms of the lease. in the amount of: $. $ J $ 'sqn NN Total: $ 99 Wo~t Portland Street. Apt. ~---~ The term for which the property was leased or rented is fully ended, or [~]A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: pay rent as agreed in lease under whom you claim. failure to or F-] Rent reserved and due has, upon demand, remained unsatisfied. 6. You retain the real property and refuse to give up its possession. ..... ~ -~rif" that the facts set forth in this complaint ~ Norman ~". wrlgnn vt ~, ..... ' information a.d belief. This statement is made suoject to [ne are true and correct to the best of..r~y kno..wl,ed~.e~, ~,^ ,-. q a ,tQn ~ r larva to unsworn falsification [o au}.ho~ities. enalties of Section 4904 of the L;nmes L;ooe U o r~,. ,..,. ,.,. ~ __~4, ela~.~ ,. _ P x ,-. ....... e~ Brenneman & Spare, PC Snelbak -, 44 W. Main St. Mechanicsburg ra ~,~,-o~ Philip H. Spare IF YOU HAVE A DEFENSE to this complaint you may present it at the .earmg.. YOU HAVE A CLAim against the plaintiff arising out of the ' ' ' n the district ustice iur sdiction and which you intend to assert at the hearing YOU MUST FiLE it on a PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER tiling the notice of appeal, Check applicable boxea) COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT: ! hereby swearoraffirm that lserved [] a copy of the Noti..ce of Appeal, Common Pleas No.(~ I _C.~[~ .~, , upon the District Justice designated therein on (date of service) I'~(,..) G I,¢~ ~_..CI)~.~ ~ i, [~ by personal _serv~e E~_r'~'~'y (certified) (.registeced) mail, sender's r~ccpt.aj, tached_hereto, and upon the appellee, (neme) ~ 'Y~J~'f~05'~ ~, ~ ,"Z..C~,~_Y'~_~ , CA.~ ¢"¥ ~(:~ ,on ~ / '~ , 19'~© 1[] by personal serviee [~certified) (registered) mail, senders receipt attached hereto [] and further that I served the Rule to Fite a Complaint a~. ;ompanying the above Notice of Appeal upon the appellee(a) to whom the Rule was addressed on 19~ . [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME Signature of affiant LAW OFFICES SNELBAKER. BRENNEMAN & SPARE NORMAN F. WRIGHT and SUZANNE C. WRIGHT, VS. VALERIE HRUBACHAK, TO: Plaintiffs Defendant Valerie Hrubachak 9 West Portland Street Apartment 2 Mechanicsburg, PA 17055 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-4658 CIVIL TERM APPEAL FROM DISTRICT JUSTICE 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 a 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. By~ quire Attorneys for Plaintiff LAW OFFICES SNELBAKER. BREnNEMAN & SPARE NORMAN F. WRIGHT and SUZANNE C. WRIGHT, VS. VALERIE HRUBACHAK, Plaintiffs Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-4658 CIVIL TERM APPEAL FROM DISTRICT JUSTICE COMPLAINT AND NOW, come the Plaintiffs, Norman F. Wright and Suzanne C. Wright through their attorneys, Snelbaker, Brenneman & Spare, P.C., and aver as follows: 1. Plaintiffs are adult individuals residing at 184 Konhaus Road, Mechanicsburg, Pennsylvania 17055. 2. Defendant is an adult individual residing at 99 West Portland Street, Apartment 2, Mechanicsburg, Pennsylvania 17055. 3. Plaintiffs Norman F. Wright and Suzanne C. Wright ("Wrights") are the owners of a certain apartment house known and numbered as 99 West Portland Street, Mechanicsburg, Pennsylvania. 4. Defendant Valerie Hrubachak is a tenant in Apartment 2 of the property known and numbered as 99 West Portland Street, Mechanicsburg, Pennsylvania, by virtue ora written lease dated June 1, 2001, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 5. The Lease term starts on June 1, 2001 and ends on the last day of June, 2001. 6. Defendant Valerie Hrubachak has failed and refused to pay the full rent due under the terms of the Lease. LAW OFFICES SNELBAKER. BRENNEMAN & SPARe 7. Under the terms of this Lease, Tenant waived her right to receive a Notice to Quit. 8. By letter dated June 6, 2001, a copy of which is attached hereto as Exhibit "B", Defendant and other occupants of 99 West Portland, Apartment 2 were given notice to vacate the ~remises by June 30, 2001. 9. Past-due rent remains due and owing from Defendant. 10. Plaintiffs are entitled to possession of the premises known and numbered as 99 h/est Portland Street, Apartment 2, Mechanicsburg, PA. 11. The Lease provides that "Tenant agrees that Landlord may receive reasonable attorneys fees as part of a court judgment in a lawsuit against Tenant for violation of the agreements of the Lease." 12. The term of the Lease is expired. WHEREFORE, Plaintiffs Norman F. Wright and Suzanne C. Wright, respectfully request 'our Honorable Court to enter judgment in their favor and against Defendant Valerie Hrubachak br all amounts due and owing under the terms of Lease, plus costs and reasonable attorney's fees and to issue an Order for Possession of the premises known and numbered as 99 West Portland Street, Apartment 2, Mechanicsburg, Pennsylvania. SNELBAKER, BRENNEMAN & SPARE, P.C. By: P~hilip~H. Sp e~,~uire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiffs Norman F. Wright and Suzanne C. Wright LEASE THIS IS A RESIDENTIAL LEASE. IT IS A LEGALLY BINDING CONTRACT BETWEEN THE LANDLORD AND EACH TENANT. EACH TENANT SHOULD READ THIS LEASE CAREFULLY. THIS RESIDENTIAL LEASE CONTAINS WAIVERS OF YOUR RIGHTS AS A TENANT. EACH TENANT SHOULD NOT SIGN THIS LEASE UNTIL EACH TENANT UNDERSTANDS ALL OF THE AGREEMENTS IN THIS LEASE. 1. NAMES OF LANDLORD AND TENANT Name of the landlord: Name(s) of the tenant(s): b a K 2. LEASED PREMISES The leased premises is the place that landlord agrees to lease to tenant. The leased premises is: 3. STARTING AND ENDING DATES OF LEASE AGREEMENT This 4. RENT The amounl of rent is: ~ , , Dollars each month. Tenant agrees Io pay the monthly rent in advance on or before the -,l~l~day of each month. Landlord does not have to ask (MAKE DEMAND UPON) tenant to pay the rent. Tenant agrees to pay rent by first class mail poslage prepaid=e~ lo landlord at the place specified by landlord. Tenant agrees to pay a LATE CHARGE of Five ($5.00) Dollars per day if tenant does not pay the rent on timert If lenant mails the rent to landlord, the date of payment will be the date the letter is postmarked. _ . ., Tenant.a~eee.~te.f~,a securlly deposit of /5~,&c~,/.,~/,;;e.~ tS ~ Dollars k~.~, ~ " ~/' ' ' ' -. .Ten.a. nt ~t.he securily deposit lo landlord before Ihs lease stadand oerore lanalora O~ves-possesmon of the leased premises to tenant. Landlord can take money from the security deposit to pay for any damages caused by tenant, tenanl'a family and tenant's guests. Landlord may take the security deposit to pay for any unpaid rent. After taking out for damages and unpaid rent, landlord agrees to send to tenant any security deposit money left over. Landlord will send the remaining securily deposit money to tenanl no later than 30 days after the lease ends and tenant leaves. Landlord also agrees to send to tenant a written list of damages and am. ounts of money .. . .~/ taken from the security deposit. ~.~ 6(e even~ ~e~a~ ho~ no~ =d~,~h~, c/ea~eo/~ .. ,Tenant agrees to give landlord a written forwarding address when tenant Io,=,,,=o and m- ~ e ease enos., Tenant may not use the securily deposit as payment of the last month s rent. /a~/,,~v' 6. LANDLORD'S DUTY AT THE START OF THE LEASE ,~.r",~ee ,~'~ · . . Landlord agrees to give tenant possession of the leased premises on the /~,~,,.~ starting date of the lease. The lease will start even if landlord cannot give tenant .._~,,~,~.~..~ ,~. possession of the leased premises because the prior tenant Is still in the leased premises or the leased premises is damaged. IF LANDLORD CANNOT GIVE TENANT POSSESSION, TENANT DOES NOT NAVE TO PAY RENT UNTIL THE DAY ~c~-~s~ ~t~ LANDLORD GIVES POSSESSION OF THE LEASED PREMISES TO TENANT. EXHIBIT A 7. DAMAGE TO LEASED PREMISES Tenant agrees to notify landlord immediately if the leased premises is damaged by fire or any olher cause. Tenanl agrees lo notify landlord if there is any condition in the leased premises that could damage the leased premises or harm tenant or others. If tenant cannot live in the whole leased premises because il is damaged or destroyed, tenant may: 1) live in the undamaged part of the leased premises and pay less rent until the leased premises is repaired. OR 2) end the lease and leave the leased premises. Tenant agrees thal if the leased premises Is damaged or destroyed and tenant ends the lease, landlord has no further responsibil!ly to tenant. 8. INSURANCE ~;' Landlord agrees to have insurance on the building where the leased premises is located. Tenant's own property is not insured by landlord's Insurance. Tenant is responsible for tenant's own property lhat is Iocaled in the leased premises. 9. ASSIGNMENTS OR SUBLEASES BY TENANT ASSIGNMENT (OR ASSIGN) is the legal term for a transfer of the lease from the tenant to another person. This other person then becomes the landlord's new tenant and takes over the lease. Tenant agrees not to transfer (aasi§n) this lease to anyone else without the written permission of landlord. A sublease is a separate lease between the tenant and another person who leases all or a part of the leased premises from the tenant. Tenant agrees not to lease (sublease) all or any part of the lease premises lo anyone else without the written consent of landlord. Tenant agrees that if lenant transfers this lease (assigns) or leases all or a part of lhe leased premises to another (sublease), tenant has violated this lease. ;10. RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE Landlord is responsible for all damage to property or injury to people caused by landlord (or landlord's representatives) intentional or nag igent acts at the leased premises. Tenant is responsible for a I damage to the leased premises and injury to people caused by lenant, tenant's family or guests. Tenant agrees that landlord is not responsible lo tenant, lenant's family or guests for damage or injury caused by water, snow or ice that comes on the leased premises unless landlord was negligenl. 11. USE OF LEASED PREMISES Tenant agrees to use the leased premises only as a residence. Tenant agrees to obey all federal, state and local laws and regulations when using lhe leased premises. Tenani agrees not to store any flammable, hazardous, or toxic chemicals or substances in or around the leased premises. Tenant agrees not to do any activities in or around lhe leased premises which could harm anyone or damage any properly. Tenant agrees that tenant will not allow more than people to occupy lhe, leased premises without the written permission of landlord. '/~,,,~,v'/,,,.d'.-~, 12. RULES AND REGULATIONS Tenant agrees to obey all rules and regulations for the leased premises. If tenanl violates any rule, s or regulations for the leased premises, lease. ~,~ E-~/,~, ~.~,~ /',.r ,z~r./~J tenant violates lhis 13. LANDLORD'S RIGHT TO MORTGAGE THE LEASED PREMISES (SUBORDINATION) Subordinate and subordination are legal terms that mean that this lease does not have any effect upon the rights of the landlord's mortgage company. In other words, tenant's rights under this lease are subordinate to landlord's 2 mortgage company. If landlord does not make the mortgage payments, the mortgage company may have the right lo end the landlord's ownership of the leased premises. If the mortgage compan~l sells the leased premises at a mortgage foreclosure sale, the lease may end. Tenant agrees that landlord has the right lo mortgage the leased premises. If' landlord has a mortgage on the leased premises now, or if landlord gets a mortgage in the future, tenant agrees that lhis lease is subordinate Io the landlord's mortgage. This lease contract binds subsequent owners. 14. CARE OF LEASED PREMISES Tenant Is responsible for, and will take good care of, the leased premises and all of the property in and around the leased premises. Tenant agrees to pay for any damage caused by ienant, tenant's family and tenant's guests. Tenant agrees to turn over possession of the leased premises to landlord when lhe lease ends. 15. LANDLORD'S RIGHT TO ENTER LEASED PREMISES Tenant agrees lhat landlord and landlord'e representatives have lhe right to enter the leased premises at reasonable times. Landlord and landlord's representatives have the right Io inspect, to make repairs, to do maintenance, and to show the leased premises to olhers. 16. UTILITY SERVICES Landlord and tenant agree to pay for lhe charges for utilities and services supplied to the leased premises as follows: Television Cable & Phone Electric to Premises Water Service Natural Gas Refuse Collection other: Minor repairs Other: windows broken by tenant - Pest Control Charges--~,~,7,~, Lawn Maintenance HVACREPAJRS ~*7'~,v~N~- 7-~ ,,'~-z~//~- Roof Repairs '" Siding & awning repairs due Io wind Building In s u ra nce ~ ~w ~ ~ Real estate taxes ~stem Landlord has the righl lo turn off temporarily any uliliiy or other se~lce to the leased premises in order to make repairs or ~ malnlecance. 17. GOVERNMENTAL POWER OF EMINENT DOMAIN. Em/nent doma/n is the legal name for lhe right of a government such as the state or ~un~ or ci~ to take private prope~y for public use. The government must pay fair ~mpensation lo anyone who has any r/ghl in the prope~y that Is taken by the government. If all or any pa~ of the leased premises (or the building within which the leas~ premises is located) is taken by eminent domain, this lease will end automatically. Landlord and tenant agree to release each other from any res~nsibJli~ because leased premises is taken by eminent ~main and thelease has ended. 3 18. VIOLATIONS OF THIS LEASE WHEN EITHER LANDLORD OR TENANT DOES NOT DO SOMETHING THAT THEY HAVE AGREED TO DO, IT IS A VIOLATION OF THIS LEASE. IF TENANT VIOLATES THIS LEASE, TENANT MAY LOSE TENANT'S SECURITY DEPOSIT. IF TENANT VIOLATES THIS LEASE, LANDLORD ALSO CAN SUE TENANT FOR OTHER EXPENSES AND MAY SUE TO EVICT TENANT. EACH TENANT SHOULD NOT SIGN THIS LEASE UNLESS EACH TENANT HAS READ AND CLEARLY UNDERSTANDS THE INFORMATION IN THIS SECTION ABOUT LEASE VIOLATIONS. · J~~--"~THI~ IS A JOINT AN'-~SEVER~L LEASE J_.._ ~ THIS IS NOT AJOINT AND_. SEVERAL IF THIS IS ~ A JOINT AND SEVERAL LEASE, THEN THE LANDLORD CAN ONLY SUE ONE TENANT FOR THAT TENANT'S VIOLATION OF THE LEASE. IF THIS IS A JOINT AND SEVERAL LEASE IT MEANS THAT ALL THE TENANTS AS A GROUP AND EACH OF THE TENANTS AS AN INDIVIDUAL ARE RESPONSIBLE TO LANDLORD FOR ALL OF THE AGREEMENTS OF THIS LEASE. FOR EXAMPLE, IF THE RENT IS NOT PAID, LANDLORD CAN SUE ALL OF THE TENANTS (JOINTLY) FOR ANY UNPAID RENT. OR, LANDLORD CAN BRING A SUIT AGAINST ANY ONE TENANT SEPARATELY (SEVERALLY) FOR ALL OF THE UNPAID RENT. TENANT VIOLATES THIS LEASE IF TENANT: 1) FAILS TO PAY RENT OR OTHER CHARGES TO LANDLORD ON TIME OR, 2) LEAVES (ABANDONS) THE LEASED PREMISES WITHOUT THE LANDLORD'S PERMISSION BEFORE THE END OF THE LEASE OR, 3) DOES NOT LEAVE THE LEASED PREMISES AT THE END OF THE LEASE OR, 4) DOES NOT DO ALL OF THE THINGS THAT TENANT AGREED TO DO IN THIS LEASE. IF TENANT VIOLATES THE LEASE , EACH TENANT AGREES TO WAIVE NOTICE TO QUIT. THIS MEANS THAT THE LANDLORD MAY FILE A COMPLAINT IN COURT ASKING FOR AN ORDER EVICTING EACH TENANT FROM THE LEASED PREMISES WITHOUT GIVING EACH TENANT NOTICE TO QUIT FIRST. LANDLORD DOES NOT HAVE THE RIGHT TO THROW TENANT OUT OF THE LEASED PREMISES (SELF-HELP EVICTION). THE LANDLORD CAN ONLY EVICT TENANT BY COURT ACTION. THE LANDLORD DOE ~ ~ · S NOT HAVE THE RIGH SUE IN EVICTION UNLESS A TENANT HAS VIOLATED THE ~REEMEN~URT FOR IN THIS LEASE. EVEN THOUGH EACH TENANT IS WAIVING NOTICE TO QUIT. EACH TENANT WILL HAVE A CHANCE IN COURT TO CHALLE ' THE LANDLORD'S CLAIM FOR EVICTION. NGE IF TENANT VIOLATES THE LEASE AGREEMENT, THE LANDLORD MAY SUE EACH TENANT IN COURT: 1) TO COLLECT OVERDUE RENT, LATE CHARGES AND MONEY DAMAGES CAUSED BY TENANT'S VIOLATION OF THE AGREEMENTS IN THE LEASE. 2) TO RECOVER POSSESSION OF THE LEASED PREMISES (EVICTION). 4 3) TO COLLECT FOR UNPAID RENT UNTIL THE END OF THE LEASE OR UNTIL ANOTHER PERSON TAKES POSSESSION OF THE LEASED pREMISES AS A NEW TENAI~IT. Tenant agrees that landlord may receive reasonable attorneys fees as part of a court judgment in a lawsuit against tenant for violation of the agreements of the 18a. HOLDING OVER 19. OTHER AGREEMENTS BETWEEN LANDLORD AND TENANT Landlord and tenant agree that: 20. LANDLORD'S LEAD BASED PAINT DISCLOSURE ATTACHMENT (LPDA) IS ATTACHED HERETO AND IS PART HEREOF. Receipt whereof la acknowledged by our signature hereon. , __ ............... ,. .............. B_Y SIGNING THIS LEASE AGREEMENT, EACH TENANT AGREE~ ~T THE TENANT HAS READ AND UNDERSTANDS ALL OF HE AGREEMENTS IN THIS LEASE. ,'~,~ DATESIGNED BYLN~DLORD: ~'-, ~-. o/ DATE SIGNED BY TENANT(S);. ,~" I ' LANDLORD: TEN.AN~ T(S): OEORGE M. HOUCK (1912-1991 CHARLES E. SHIELDS, HI ATTORNEY-AT-LAW 6 CLOUSER ROAD Corner of Trindle and C louser Roads M~CHANICSBURG, PA 170~5 TELEPHONE (717) 766-0209 FAX (717) 795-7473 June 6, 2001 To: Valerie Hrubachak and the other occupants of 99 West Portland St., Apt 2 Copy via certified mail to Jeffrey Look, guarantor Dear Ms. Hrubachak: Please be advised that I have been instructed by my clients, Norman F. Wright & Suzanne C. Wright, his wife, your landlord, to advise you that you must vacate the premises by midnight June 30, 2001. The agreed terms of the new lease were that three (3) months rent were to be paid immediately. Upon request by Mr. Look, the period was extended to the 5th of June, 2001, which has now come arid gone. Also, the list of the occupants likewise has not been furnished. Thus, the agreement has not been fulfilled. Mr. & Mrs. Wright could give you a shorter period than the 30th, but will give you the entire month. However, if you do not vacate the premises as directed, the Wrights will take legal action to compel you to do so and will seek attorney's fees in connection therewith. Thank you. Very truly yours, and for Suzanne C. Wright, his wife Charles E. Shields, III EXHIBIT B AFFIDAVIT OF SERVICE I, the undersigned adult individual, having been du~y sworn upon my oath state that I did serve ,a.copy Qf the attag.hed letter notifying tenant to vacate the re ' , _ p m]ses upon \ ~s L ~-P- [ ~ [d42~ 6 tkc¢-ht~ K, the Tenant, by personally handing him/her a copy of said letter at the Leased Premises, 99 West Portland Street, Apartment 2, Mechanicsburg, Curnbefland County, PA on 7 d cZ~a ~- ,9 t , at Subscribed and sworn to before me the Undersigned Nota~. Public on the 7f'~ day of ~ My commission expires: Notarial Seal I Chade$ E. Shields III, Notary Public ] ,L M~nroe Twp., Cumberland County [ ~/~.~ommlssion Expires June 20, 2004 Mefllber, F6~lnSylvania Association of Notaries VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Norman F. Wrlg~ht'J Date:/~. ~ ,2001 LAW OFFICES & SPARE LAW OFFICES SNeLBAKER. BReNNEMAN & SPARE CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Complaint to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Date: tl~ll:q- ~0,2001 Valerie Hrubachak 99 West Portland Street Apartment 2 Mechanicsburg, PA 17055 Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorney for Plaintiffs Norman F. Wright and Suzanne C. Wright LAW OFFICES SNELBAKER, BRENNEMAN & SPARE NORMAN F. WRIGHT and SUZANNE C. WRIGHT, VS. VALERIE HRUBACHAK, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 01-4658 CIVIL TERM : : LANDLORD/TENANT : : APPEAL FROM DISTRICT JUSTICE Defendant : PRAECIPE TO TERMINATE SUPERSEDEAS TO: THE PROTHONOTARY AND NOW, come the Plaintiffs, Norman F. Wright and Suzanne C. Wright by their attorneys, Snelbaker, Brenneman & Spare, P.C., and respectfully requests you to terminate supersedeas in this matter based upon Defendant's failure to deposit with the Prothonotary a sum of money equal to the monthly rent which becomes due the period of time the proceedings upon appeal are pending. Since this appeal was originally filed on August 3, 2001, Defendant has failed to make the required rent payments. Kindly mark the supersedeas in this matter as terminated and pay the deposit of rental to the Plaintiffs, Norman F. Wright and Suzanne C. Wright. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. By: ~2 quire Supreme Court ID No: 65200 44 West Main Street P.O. Box 318 Mechanicsburg, PA ! 7055-0318 (717) 697-8528 Attorneys for Plaintiffs Norman F. Wright and Suzanne C. Wright Date: September 5, 2001 September 5, 2001, Upon confirmation of failure of the appellant to deposit monthly rent for more than thirty (30) days, the supersedeas is terminated. Curtis R. Long, Prothonotary By.' ~ LAW OFFICES SNELBAKER, BreNnEMAN & SPARE CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, caused a copy of the foregoing Praecipe to Terminate Supersedeas to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Date: September 5, 2001 Valerie Hrubachak 99 West Portland Street Apartment 2 Mechanicsburg, PA 17055 Philip~H.~plare~ l~uire- Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorney for Plaintiffs Norman F. Wright and Suzanne C. Wright LAW OFFICES SNELBAKER, BRENNEMAN & SPARE NORMAN F. WRIGHT and SUZANNE C. WRIGHT, VS. VALERIE HRUBACHAK, Plaintiffs Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: 01-4658 CIVIL TERM : : LANDLORD/TENANT : : APPEAL FROM DISTRICT JUSTICE MOTION FOR RELEASE OF ESCROW ACCOUNT AND NOW, come the Plaintiffs, Norman F. Wright and Suzanne C. Wright, by their attorneys, Snelbaker, Brenneman & Spare, P.C., and file the within Motion based upon the following: 1. On or about August 3,2001, Defendant Valefie Hrnbachak filed a Notice of Appeal from the underlying District Justice matter. 2. Pursuant to the applicable Rules of Procedure, Defendant paid $926.50 to the Prothonotary at the time of the filing of her August 2, 2001 appeal. 3. The Defendant failed to make the required rent payments to the Prothonotary during the pendency of this case, resulting in the undersigned counsel filing a Praecipe to Terminate Supersedeas on September 5, 2001. A copy of said Praecipe to Terminate Supersedeas is attached hereto as Exhibit A and incorporated herein by reference. 4. The District Justice issued a new Order for Possession and Defendant has now vacated the rental property. 5. Plaintiffs are entitled to return of the $926.50 held by the Prothonotary pursuant to )a. R.C.P.D.J. No. 1008. LAW OFFICES SNELBAKER. & SPARE WHEREFORE, Plaintiffs Norman F. Wright and Suzanne C. Wright respectfully request your Honorable Court to order and direct the Prothonotary of Cumberland County to release the amount of $926.50 being held in escrow in this matter to Plaintiffs. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. P~ilip [I. Spa~, Esqu~e Supreme Court ID No: 65200 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiffs Norman F. Wright and Suzanne C. Wright Date: September j ~ ,2001 -2- SNELBAKER, SRENNEMAN SPARE NORMAN F. WRIGHT and SUZANNE C. WRIGHT, VS. VALERIEHRUBACHAK, Plaintiffs Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-4658 CIVIL TERM LANDLORD/TENANT APPEAL FROM DISTRIC'I~:~USTICE PRAECIPE TO TERMINATE SUPERSEDEAS ¥~- t~:,. TO: THE PROTHONOTARY AND NOW, come the Plaintiffs, Norman F. Wright and Suzanne C. Wright by their attorneys, Snelbaker, Brermeman & Spare, P.C., and respeqtfully requests you to terminate supersedeas in this matter based upon Defendant's failure to deposit with the Prothonotary a sum of money equal to the monthly rent which becomes due the period of time the proceedings upon appeal are pending. Since this appeal was originally filed on August 3, 2001, Defendant has Jailed to make the required rent payments. Kindly mark the supersedeas in this matter as terminated and pay the deposit of rental to he Plaintiffs, Norman F. Wright and Suzanne C. Wright. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. By: ~q P'hilip~H. Sp~fe, Esquire Supreme Court ID No: 65200 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiffs Norman F. Wright and Suzanne C. Wright Date: September 5, 2001 Exhibit A Page 1 of 2 LAW OFFICE5 SNELBAKER. BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, caused a copy of the foregoing Praecipe to Terminate Supersedeas to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Date: September 5, 2001 Valerie Hmbachak 99 West Portland Street Apartment 2 Mechanicsburg, PA 17055 Philip H./JSpare, t~uire- Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorney for Plaintiffs Norman F. Wright and Suzanne C. Wright Exhibit A Page 2 of 2 SNELBAKER, BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, caused a copy of the foregoing Motion for Release of Escrow Account to be served upon the ~erson and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: )ate: Septembero~ ( 2001 Valerie Hrubachak 99 West Portland Street Apartment 2 Mechanicsburg, PA 17055 Philip Fll/S~p~e,~qulre Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorney for Plaintiffs Norman F. Wright and Suzanne C. Wright LAW OFFICES SNELBAKER, BRENNEMAN & SPARE NORMAN F. WRIGHT and SUZANNE C. WRIGHT, VS. VALERIE HRUBACHAK, Plaintiffs Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: 01-4658 CIVIL TERM : LANDLORD/TENANT APPEAL FROM DISTRICT JUSTICE AND NOW, this ~ day of_~~J)01, upon consideration of Plaintiffs' Motign for Release of Escrow Account, it is hereby ORDERED and DIRECTED that the Prothonotary of and for Cumberland County, Pennsylvania shall release the $926.50 being held in escrow in this matter to the Plaintiffs, Norman F. Wright and Suzanne C. Wright. C) c~ 12060409262001 Cumberland County Prothonotary,s Office PYS405 Manual Releas~ Check Register Pa~e 1 9/2~/2001 · Escrow Tran Date Distribution Case N6 Accounting Amount Date Release 3801 WRIGHT NORMAN - SUZ~kNNE -- _ ....... Check Date: 09/262~66~--~g~-~7: 1249 RENT 2001- 04658 PYMT/CASH 926.50 8/03/2001 Payee total: 926.50 Grand total: 926.50