Loading...
HomeMy WebLinkAbout95-07178 c; ~ ~ . ... 9 j ~ J 00 r- - r , 1 I I I I I 1~ - .~ . -____._.__~.~s~:~~_._f~__~:~l~~~_."._..____ -t(4 ( "^ 1.1 ,J. ~,J ('...,,,h,~ ra u.. Coun 01 COatIDIIn Plaa 01 Cumberiaad Couuty, PClIlIIYh'UIiL -------..-.-..--------------------...--------- VI. N", 1/'1Y Civil. . 9.!. =-. ...-...------------------- " \ ___.... __~~~.:.t:._l:...1:..C;.(~jJ~.s.____ ----------------------.----------------------- ----.----------------------------------------- ____._.....e _..___. . .. .__.. ._._.____._____._____. 1" 1/ the Pru~"cI t.v-y .---------------------..-.----....-----------------.---------------------------------------------- .. .. -.- ___________________t.~~~:..~___:..:_~.:__ ..~___._tJ1f.:::_:;~._ ...f________~...~d.__J.'__~::_~ IY' \" k. I f..f fl....:. t.; ~{' r1., do, lA, \ 1\. S..,lvc.o .....---------------------------..-----------------------------.......-......-.-...-.-......-. .---..----.-.--~~~___~~~!!~;J.:~_._~~~:~;l____~_________________________________________ ..---.--..---....---.-..-....--..----.-.--........----.-.--..-..........-....----....-.--..---... .------.------------------.......--...-.--....-..---........-.....-.............--..--.-...----.- .----.----.----------.----........---....---..------.----.-..-..-...----..-.-.....-......-.-.----- 1ro ___.______________________________________ PralhoROlary ....-- .. ----------------.-------.- 19_____ -----------.---------.-. Attcr.Icy for Plaintiff. . , -'.... . I I J f. I I I ..: I F.Lto-OFACE - I - ! I I CF i: '!' crY:!r:D~J0T/.RY I 101 I ~:j .~I!'.:!-J p'j 1/:?5 '" I I <.. I. M I I I ~ I u I I CI":,"::'" ) "":J'.f!Y I 14 I 1 I 1......,..".1 ~..'." V..."" I' I i.';':> l>~: ;','i.\'/:'V\ I ~ I IlII I \ '" I I I I I I ~ I ~ I . I , \\ , 004Jl8.ooo:!I/I.nUlI)' 5, 19961DIUKKM/49567 MICHAEL A, SERLUCO t/a CONSOLIDATED PROPERTIES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-7178 CIVIL TERM CIVIL ACTION - LAW v. MARGARITE J. McCANDLESS, Defendant COMPLAINT PUftStJANT TO ftUL!S "':JlJl\b) AND 2971lal - IJ I' "- FaR eeNII!$loloN OF JUDGMENT FOR MONEY DAMAGES $ AND NOW. comes the Plaintiff, by and through his attorneys. Johnson. Duffle, Stewart & Weidner. and avers as follows: 1. The Plaintiff is Michael A. Serluco tla Consolidated Properties. an adult Individual with a place of business at 400 N. Front Street, Wormleysburg, Cumberland County, Pennsylvania 17043. 2. The Defendant, Margarite J. McCandless, is an adult individual residing at 5265 East Trlndle Road, Apt. 1/2. Mechanicsburg, Cumberland County. Pennsylvania 17055. 3. On or about April 22. 1992, the Plaintiff and Defendant entered into a Lease Agreement. a true and correct copy of which (and the renewal thereunder) is attached hereto as Exhibit. A. and made a part hereof by reference. 4. Said Lease Agreement has not been assigned by the Plaintiff. "'5. "'Q jWElgM6"t on tl,,;;I Lgg!o AgreemeAt has beeR BAtered in ell, jw.;!di""l;ulI. J!i 6. The aforesaid Lease (and the renewalthereunderl requires Defendant to pay unto Plaintiff $450.00 per month. .' r.. "4,~ : .~... ,."...,.,.......;;.; 00I331.oocnJlI.nuory 5, 1996IDIUKKM/49567 7. Defendent hes felled to make the required monthlv rentel pevments from end efter JulV of 1995. 8. Defendant Is also obligated to pay lata charges In tha amount of five (5%1 percent per month. 9. As a result of Defendant's failure to make the monthlv payments. the remaining monthlv payments have become Immediatelv due and pavable. 10. Under the telms of the aforesaid Agleement. the Defendent Is also obligated to pay the Plaintiff the expenses of collection. Including attornev's fees of five 15%1 percent of the amount due or $500.00. whichever Is greater. 11. There Is Justlv due end owing to the Plaintiff from the Defendant on account of the aforesaid breach the sum of Nine Hundled Sixty-Two Dollars end Thirty-One Cents 1$962.311. calculated as follows: Unpaid Rent 5% Late Fees Attornev's Collection Fee $440.30 $22.01 $500.00 TOTAL: $962,31 12. Plalntilt has demanded the total amount due. but Dafendant has refused and neglected and still refuses and neglects to pay the same or any part thereof, _ _....~~~4.;,.J.lIll'- .~-.':":."': ":<...,"-v_. ~...,.,. _'., 00433I.ooo:1l1lonUl/1 5, 1996IDIUKKMI49567 WHEREFORE, the Plaintiff damands Judgmant against the Defendant In theemount of Nine Hundled Sixty.Two Dolle IS and Thllty.One Cents 1$962,311, plus costs, Interest and attorney feea, Date: January 5, 1996 JOHNSON, DUFFIE, STEWART 8< WEIDNER ~~ {(~.L1lh David J, Lanza Attorney 1,0, #55782 301 Malket Street P.O, Box 109 Lemoyne, PA 17043-0109 17171761.4540 Attorneys for Plaintiff BY: I, Mlchaal A. Sarluco. do varlfy that the atatements made In the foregoing Complaint for Confession of Judgment are true and correct to the best of my knowledge, Information and belief. I understand that false statements made herein ere subject to the penalties of 18 Pe.C.S. 14904 relating to unsworn falsification to euthorltles. 00433'.0002l1lanUl~ 4. 199tIIDIlJKKM/49S67 Dated: /)~t VERIFICATION 004JJI.0002l1lanUl~', 199tIID1UKKM/4U67 CERTIFICATE OF SERVICE AND NOW. this 6'" day of January. 1996, the undersigned does hereby certify that he did this date serve a copy of the foregoing Complaint for Confession of Judgment upon the other pertles of record by causing same to be deposited In the United States Mall, first class postage prepaid, at Lemoyne. Pennsylvania. addressed as follows: Margarlte J. McCendless Apt. #2 6265 Eest Trlndle Road Mechanlcsburg. PA 17055 JOHNSON, DUFFIE. STEWART & WEIDNER By: ft~,,->- David J. Lanza ~ . . .-J"""~.~f'_".'_-:"_'_"""" ~iJ.,~~"-~.:$";''-!''';';-'~ '-" '-" LEASE AGREEMENT THIS LEASE, made thie ~ day of ADril.1921 BETWEEN CONSOLIDATED PROPERTIES, The Owner or Landlord, AND Maraarite McCandless (Hereinafter whether one or more, referred to as "Tenant") WITNESSETH: That Owner hereby leases to Tenant and the latter lets from the former, the apartment designated as: 5022 East Trindle Rd. Apt. 'B3. Mechanicsbura. PA 17055 pennsylvania,.hereinafter called the "premises", for the term of Twelve (12\ Months beginning on the 15th day of June. 1992 . and ending on the ~ day of June. 1993, at the rent of Five Thousand Two Hundred and Twentv 00/100 ($5.220.00) per year payable in monthly installments of Four Hundred Thirtv Five and 00/100 Dollars ($435.00 I due on 1st of each and every month in advance. This letting is upon the following terms and conditions: 1. Rent. Tenant agrees to pay to Landlord the monthly rent set forth above on the 15th day of each month in advance, at such place as Landlord shall designate. Tenant further shall pay a late charge of five (5\) percent per month of the amount of rent in default on the 18th day of each month. If rental is mailed, the postmark date will determine the day of payment. If any check for the rent is returned to Landlord for insufficient funds or other reasons, a $20.00 service charge will be charged. 2. Waiver of Notice to Ouit. Tenant hereby waives the usual notice to quit and agrees to surrender the premises at the expiration of said term, or the termination of this lease for whatever reason, forfeiture or otherwise without notice from lessor whatsoever. If proceedings shall be commenced by lessor to recover possession of the premises, either at the expiration of the term or earlier termination of the lease, or for non-payment of rent, or for an other reason, tenant specifically waives the right to three (3) months notice and to fifteen (15) or thirty (30) days notice or any other notice required under the Landlord and Tenant Act of 1951 as amended, and agrees that no notice whatsoever shall be required. (1 ) EXIIIBI'I' "A" I I 3. Tenant ore-mature termination. Tenant may terminate this 'lease without case prior to its expiration date only by giving written notice to Landlord at least two full calendar months (60 days) in advance of the termination date effective from either the 1st or 15th of any given month; and, if Tenant elects to move prior to the termination date, Tenant must pay to Landlord, at the time notice is given, all rent due to the termination date. In any event, rent must be paid to termination date prior to Tenant.s move, upkeep of the unit must be maintained to termination date, and utilities must be maintained to termination date. If a termination by the Tenant takes effect prior to the original termination date, Tenant shall also pay to Landlord at the time notice of termination is given liquidated damages for premature termination which shall be 5435.00 if the lease terminates during the first nine (9) months of the lease term, and which shall be two-thirds (2/3) of that amount if the lease terminates during the lOth or 11th month. Should Landlord rent the unit prior to termination date, Tenant shall be entitled to the return of his rental payment in an amount equal to the rent received by Landlord prior to the termination date, less ($217.50) towards the cost of re-rental. 4. Rental Increases and Renewals. Landlord may increase the monthly rent or change the term of this Lease on written notice to Tenant given at least Seventy (70) days in advance of the 15th day of the month in which the increase in rent or change in Lease term is effective, but Landlord may not make an increase or a change in the Lease term during the term of the Lease. Rent increases or change in Lease term shall take effect in the manner specified by Landlord unless Tenant shall terminate the Lease as provided in Paragraph 3 hereof. This lease shall continue for a like term under the same terms and conditions as stated herein unless either party shall give notice in writing to the other party at least sixty (60) days prior to the end of this lease of his intention to terminate the lease agreement or continue same under changed terms or conditions. 5. Use. No unit shall be used for any other purpose other than a private dwelling for the Tenants or Tenants and his, her or their immediate family. No professional business or home occupation of any nature shall be permitted to be conducted within the Unit even if accessory to the main residential use of the Unit. Tenant shall not permit or suffer anything to be done or kept upon or within the Unit or which will interfere with the rights of the other occupants, annoy them with unreasonable noises or otherwise, nor will Tenant commit or permit any nuisance or commit or suffer any immoral or illegal act to be committed within the Unit. 6. utilities. Tenant understands that equipment for utilities to service the Unit is installed therein and Tenant agrees that the cost of utilities shall be paid as follows: (2 ) .' UTILITY Heating of Premis~s Heating of Water for Electricity Gas Water Telephone Cable TV Service Sewer Trash TO BE PAID BY Tenant Premises Tenant Tenant Tenant OWner Tenant Tenant OWner OWner Landlord shall have the right temporarily to stop the services of any utility in the event of accident affecting the same or to facilitate repairs or alterations made to the Building, 7. Care of Premises. Tenant shall use due care in the use of the premises, the appliances therein, and all other parts of Owner's or Agent's Property. It shall be the responsibility of the Tenant to repair and maintain, at Tenant's expense, all appliances including, but not limited to, washer and dryer, electric range, refrigerator, trash compactor, dishwasher and garbage disposal. In the event that any of the foregoing appliances shall not be repairable, Landlord will, at Landlord's expense, replace said appliance. Landlord shall have full discretion as to whether any given appliance shall be repaired or replaced. Upon the expiration or sooner termination of this Lease, all appliances not in working condition shall be repaired at Tenant's expense and the cost thereof shall be deducted from Tenant's security deposit as hereinafter provided. B, Tenant's Property Rules and Reaulations Concernino Use and Occuoancv. use and occupancy of the Unit, and other portions of the shall be subject to the following regulations: A. No dog, cat or other animal of any kind will be brought, permitted or kept in the apartment or elsewhere on the Owner's property. B. Tenant(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. C. 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 or upon the Owner's property. 110 resident shall place or permit to be placed or maintained any awning, screen, (3) . '- shade or blind in or at any window of the apartment without prior consent of the Owner or Agent. Damage to storm doors and windows due to negligence will be the responsibility of the tenant. D. Tenant 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. E. Maximum occupancy: 110 more than ~ person(s) will be permitted to occupy the apartment, designated as Maraarite McCandless and child. F. Tenant(s) agree(s) that Owner or Agent may change their regulations from time to time as may be required to protect the apartment or Owner's other property to add to tenant's enjoyment of it. G. Tenant(s) are allowed only One parking space(s) in parking lot. H. No washer/dryer or dishwasher will be permitted to be kept or used at premises. 9. Deliver of Possession bv Landlord. If, due to circumstances beyond Landlord's control, the Unit shall not be ready for occupancy at the beginning of the term herein provided, this Lease shall nevertheless remain in effect and the rent shall be abated proportionately until the Unit is ready and Landlord shall not be liable for delay; provided, if the Unit shall not be ready of occupancy sixty (60) days after the beginning of the term as herein provided, Tenant shall have the right to cancel this Lease by written notice delivered to Landlord at any time after the expiration of sixty (60) days, but not after the Unit is ready of occupancy. Tenant's remedy shall be limited to such right of cancellation and upon such cancellation neither party shall have any further rights against the other, save Landlord shall repay any deposit made by Tenant. If Tenant shall occupy the Unit prior to the beginning of the term as herein provided, such occupancy shall be subject to the terms of this Lease and Tenant shall pay prior to occupying the Unit rent for the same period from the date of such occupancy to the beginning of said term. 10. Damaoe bv Fire. If the Unit is damaged by fire or other casualty, Landlord shall repair within a reasonable time and rent shall continue unless the casualty rcndcrs thc Unit untenantable, in which case this lease shall terminatc and Tenant, upon payment of all rent to the date the Unit is surrendercd, shall not be liable for any further rcnt. If only a portion of the Unit is rendered untenantable, the Tenant may, with the mutual agreement of Landlord, alternativcly choose to continue in possession and shall thereupon be entitled to a pro rata rcduction in the amount 0: rent (4 ) (5 ) provided that the election to proceed under this alternative shall not be a waiver of Tenant's right to terminate if repairs are not made within ninety (90) days. 11. prooertv Damaae and Personal In;urv. Tenant agrees that Landlord shall not be liable for property damage or personal injury occurring in the unit or elsewhere on the Property unless the damage or injury results directly from Landlord's negligence. Tenant is instructed to purchase, at Tenant's expense, a Tenant's Homeowner's Policy to insure his personal injury to Tenant, other occupants, guests, or visitors, that occurs within the Unit or elsewhere on the property. 12. Rioht of Entrv. Landlord, or any person authorized by Landlord, shall have the right to enter the unit at reasonable times to inspect, replace appliances as needed, and, after notice of termination is given, to show the unit to prospective Tenants. Landlord shall give Tenants notice of his or their intention to enter, if possible. However, Tenant consent shall not be necessary in case of emergency. 13. Securitv Deoosit. Tenant agrees to pay as security deposit the amount of Four Hundred Thirtv Five and 00/100 ($435.00) Dollars prior to the occupancy of the unit. The security deposit shall be held by Landlord as security for the payment of all rent and other amounts due from Tenant to Landlord, for the Tenant's performance of this Lease and against any damages caused by Tenant or Tenant's family or other occupants to the Unit or the Owner's Property. Tenant understands and agrees that the security deposit may not be applied as rent or as against any other amount due from Tenant to Landlord, without Landlord's written consent, and that monthly rent will be paid each month, including the last month of the Lease term. Within thirty (30) days following the termination of this Lease, Landlord shall return the security deposit, less any deductions from it on account of amounts owed by Tenant to Landlord by check payable to all persons signing this Lease, mailed to a forwarding address which must be furnished by Tenant in writing within twenty (20) days after removal from the Unit. 14. Default. A. If any rent for the Unit comes due under the terms of this Lease and if the same remains unpaid for five (5) days after written notice thereof by Landlord to Tenant, there shall be deemed a default of this Lease. B. If Tenant fails to comply with any term, covenant or provision of this Lease other than the payment of rent, and if tenant shall fail to make reasonable measures to cure such noncompliance within fifteen (15) days after written notice thereof by Landlord to Tenant, there shall be deemed a default of this Lease. C. If Tenant shall file a petition in bankruptcy or receivership or if such a petition is filed against Tenant and reasonable measures to discharge same are not taken within thirty (30) days or written notice of such petition by Landlord to Tenant, there shall be deemed a default of this Lease. D. If Tenant shall make an assignment for the benefit of creditors or becomes insolvent, there shall be deemed a default of this Lease. E. Upon default of this Lease, Landlord may enter the Unit as agent of Tenant and in Landlord's own right without being liable for prosecution or damages therefor and relet the Unit as agent of Tenant and receive rent therefor. F. Upon such entry, Landlord shall use reasonable efforts to relet the unit. G. Upon such entry, all rights of Tenant to possess the unit under this Lease shall be forfeited. Such entry by Landlord shall not operate to release tenant from any rent to be paid or covenants to be performed during the full term of this Lease. H. Upon such entry, Landlord shall be authorized to make such reasonable repairs in or to the unit as may be necessary to place the same in good order and condition for the purpose of reletting. I. Tenant shall be liable to Landlord for the reasonable costs of such repairs and all reasonable expenses in reletting, including, but not limited to, any real estate brokerage commission actually paid. 15. CONFESSION OF JUDGMENT FOR MONEY. TENANT AGREES THAT IF THE RENT OR ADDITIONAL RENT OR ANY CHARGE RESERVED IN THIS LEASE AS RENT SHALL REHAIN UNPAID FOR A PERIOD OF FIVE (5) DAYS AFTER WRITTEN NOTICE IS PROVIDED, THAT LANDLORD ~~Y CAUSE JUDGMENT TO BE ENTERED AGAINST TENANT, THAT FOR THAT PURPOSE TENANT HEREBY AUTHORIZED AND EMPOWERS LANDLORD OR ANY PROTHONOTARY, CLERK OF COURT OR ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR AND CONFESS JUDGEMENT AGAINST TENANT AND AGREES THAT LANDLORD MAY CO~mNCE AN ACTION PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURES FOR THE RECOVERY FROH TENANT FOR ALL RENT HEREUNDER, INCLUDING ALL ACCELERATION OF RENT PERMISSIBLE UNDER THE PROVISIONS OF THIS LEASE AND ALL CHARGES RESERVED HEREUNDER, AS WELL AS FOR INTEREST AND COSTS AND ATTORNEYS FEES OR COMHISSIONS, FOR I~HICH AUTHORIZATION TO CONFESS JUDG~IENT, THIS LEASE, A TRUE AlID CORRECT COPY THEREOF, SHALL BE SUFFICIENT WARRANT. SUCII JUDGMElIT MAY BE CONFESSED AGAINST TENANT FOR THE FULL AMOUNT OF RENT AND ARREARS AND ALL RENT DUE TO TilE END OF THE TERM HEREIN PROVIDED, AS WELL AS FOR INTEREST AND COSTS MID ATTORNEYS CO~IISSIONS OF FIVE (5%) PERCENT OF THE (6) FULL AMOUNT OF LANDLORD'S CLAIM AGAINST TENANT OR AN ATTORNEYS FEE OF FIVE HUNDRED ($500.00) DOLLARS, WHICHEVER SHALL BE GREATER. Tenant, by affixing his signature immediately at the end of this paragraph, hereby consents to the warrant of attorney to confess judgment and such consent is made understandingly, intentionally and voluntarily and that Tenant's annual income is in excess of $10,000.00. ... I I : , "'\ r. ". I. " " ,.':. ..... ~ 1.., :J II. ,J<<(' \ ' .'(.' I ' ,-- ~ _'.---'.~ TENANT: , ---Y": .",. . I ,I" .~- . I 10.1)' I' ,7,,' . 16. CONFESSION OF JUDGMENT FOR POSSESSION OF UNIT. TENANT AGREES THAT IF THIS LEASE SHALL BE TERMINATED, EITHER BECAUSE OF CONDITIONS BROKEN DURING THE TERM OF THIS LEASE OF ANY HOLDING OVER THEREOF, OR WHEN THE TERM HEREBY CREATED SHALL HAVE EXPIRED, THEN, IN THAT EVENT, LANDLORD MAY CAUSE A JUDGMENT OF EJECTMENT TO BE ENTERED AGAINST TENANT FOR POSSESSION OF THE UNIT, AND FOR THAT PURPOSE TENANT HEREBY AUTHORIZED AND EMPOWERS ANY PROTHONOTARY, CLERK OF COURT OR ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR TENANT AND CONFESS JUDGMENT AGAINST TENANT IN EJECTMENT FOR POSSESSION OF THE UNIT. FURTHER, TENANT COVENANTS AND AGREES THAT LANDLORD MAY COMMENCE AN ACTION PURSUANT TO THE PENNSYLVANIA RULES OF CIVIL PROCEDURES FOR THE ENTRY OF AN ORDER IN EJECTMENT FOR POSSESSION OF REAL PROPERTY, AND TENANT FURTHER AGREES THAT A WRIT OF POSSESSION PURSUANT THEREOF MAY BE ISSUED FORTHWITH, FOR WHICH AUTHORIZATION TO CONFESS JUDGMENT AND FOR THE ISSUANCE OF A WRIT OR WRITS OF POSSESSION PURSUANT THEREOF MAY BE ISSUED FORTHWITH, FOR WHICH AUTHORIZATION TO CONFESS JUDGMENT AND FOR THE ISSUANCE OF A WRIT OR WRITS OF POSSESSION PURSUANT THEREOF, THIS LEASE, OR A TRUE AND CORRECT COPY THEREOF, SHALL BE SUFFICIENT WARRANT. Tenant, by affixing his signature immediately at the end of this paragraph, hereby consents to the warrant of attorney to confess judgment and such consent is made understandingly, intentionally and voluntarily and that Tenant's annual income is in excess of $10,000.00. ", " I ( /.,..... ."- , TEtjANT: '''I 1/ (, ' '(".. "f , I,' . ."""' ". I .. " ,..., ,,,/1/' '. . .......~ _ ,J.--. , -, ., . . I '/ / I ( 7) 17. Subordination. This Lease is subject and subordinate to the lien of all existing mortgages and all mortgages hereinafter placed upon any part of the Property which includes this Unit. Tenant agrees, on request, to execute such further instruments evidencing such subordination as Landlord may request, and, if Tenant fails to do so, Landlord is hereby empowered to do so in the name of Tenant. lB. Assiqninq and Sublettinq. Tenant shall not assign this Lease or sublet all or any portion of the unit without Landlord's prior written consent. 19. Declaration of Governinq Laws. This Lease shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. 20. Cumulative Remedies. The specified remedies to which Landlord may resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or means of regress to which Landlord may be lawfully entitled in case of any default or threatened default by the Tenant of any provision or provisions of this Lease. 21. Entire Aqreement and Modification. This Lease contains the entire agreement between the parties and any executory agreements hereafter made shall be ineffective to change, modify or discharge this Lease in whole or in part, unless such executory agreement is in writing and signed by the parties against whom enforcement of the Lease, modification or discharge is sought. 22. Lease Bindinq Upon Heirs. Executors. Administrators. Successors. and Assiqns. The term "Tenant" used herein shall refer collectively to all persons named above, and signing this lease as Tenant, and the liability of each such person shall be joint and several. Notice given by Landlord to any person named as Tenant or by any such person to Landlord, shall bind all persons signing this lease as Tenant. The term "Tenant" shall also refer to any persons named as heirs, executors, administrators, successors, of the respective parties hereto as if they were in every case named and expressed. 23. Severabilitv. If any provision of this Lease shall be declared invalid or unenforceable, the remaining provisions of this Lease shall continue in full force and effect. (B) IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the date and year first-above written. TENANT: '. J j"': ...... ,'1' /r.' I' "'. " '. '(1 .t.,; ., ,.; I , I I ,. -" I. ~ '7 i:li.\(/t.l.I.I I { ). .( If I ,[.1.; . ./SEALI I 1/ , ( 9) Consolidated Properties 400 North Front street Wormleysburg, PA l7043 (717) 761-355B TO: Margarite McCandless 5022 E. Trindle Road, Apt. B3 Mechanicsburg, PA 17055 PLEASE SIGN AND RETURN THE TOP COPY IMMEDIATELYJ As the lease on your apartment expires on May 31, 1995 kindly sign all copies and return the top one to us to extend your lease until May 31, 1996. RENEWAL OF APARTMENT LEASE THIS RENEWAL AGREEMENT dated March 17, 1995 is a rider to, and forms a part of the original lease (the "Lease") dated April 22, 1993 between Consolidated Properties, Lessor, and Margarite McCandless, Lessee, for the apartment located at 5022 E. Trindle Road, Apt. B3, Mechanicsburg, PA 17055. The Lease is hereby extended for an additional term of Three (3) months commencing June 1, 1995 and ending May 31, 1996 and the RENTAL RATE during this period shall be Four Hundred Fifty Dollars and 00/100 ($450.00) per month. In accordance with Section 3 of your Lease, liquidated damages for premature termination shall be $450.00; cost of rerental shall be $225.00 for the term. All other covenants and conditions of the Lease shall remain in effect, and no covenant or condition of the Lease shall be deemed waived by any action or non-action in the past. ~ ,(l~ Les~ Agent " " .4- /Iii) (J;<:: j f, J :'ki5l ~ti/,.<-.;"I l. t.:"JIa-~ Lessee , I ,,, ~..' Lessee ~ .:I' i= N :~ Q ~ a~ ~g :r: U~~ .... C~?j ~ In ~<~ln I .;J;/. ~L'J :r. ff. Cli . t.. ..;J: f') C- .. -, ...-; ~ In ~ <:n Date: ,19_. NOTICE 0' APPEAL C_IAUN 0' 'INNIYLYANIA COUIT or C_ 'LlAI PROM DISTRICT JUSTICE JUDGMENT COMMON'LlAIN. 9s' - 7nP C;uLl k,,!-!,? NOTICE 0' APPEAL Nolie. i. giwn that tI10 appoIIant 110. Ii10d In lho above COUI't of COIM1Cln Plea. an oppoollrom tI10 judgmenl tondotod by tho Di.t,ict Juotic. on tI10 date and In tI10 COle _OIiOO ood I>oloo< IUDlCW DlIl.ICT Entd in Pmthy Office 12-18-95 CV 19. LT 19 This block will be Iignod ONLY when thI. nolotion i. required undot Po. R.cPJP. No. l008B. This Notice of AppooI, when lKoiwd by tho Di.t,icl Ju.Iie.. will oporot. o. 0 SUPERSEDEAS to tI10 judgment lot poIlO.1icn in thI. COlo. -Pee per-he.S hrO(\+ S-tYtd lel OcooLj../q -q5 IMAGDG~~~:w r ~ ~ferJ L/-Do ~ 0 v+ I - 4- Li5 C(1l.lt. a. .Jt() '/ L1 SigJa/u8 of Prolhonolaly CJI Deputy II appellant was CLAIMANT (see Pa. R.c,P.J.P. No. 1001(6} In action befcxe DIstrict 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 (This section of kxm to be used ONLY wilen appellant was DEFENDANT lsee Pa, R,C.P.J,p, No. 1001(7) In action be/om DIstrict Justice, IF NOT USED, detach lrom cqly of notice of appea/to be set1led upon appellee). PRAECIPE: To ""'Ihanoloty Entot rule upon . oppoIloo(.). to file 0 complaint In this oppool Name 01 _./ (Common PIooo No. ) within t-.ty (20) day. oftor ..,vic. of ",10 CJI .uflor ont,y of judgment of non ~ &gnoIuro 01 __ 01 ... ._ 01 __ _01_.1 t appl'lII(l~ RULEI To , 111 You en notiflod that 0 rule b hereby ontorod upon you to file 0 complaint in this oppoaI within t-.ty 120) day. olter tho dole of oorYico of thI~ ,ruIe.upon ~ by penonoI.orvice... by certified... rogbtorod "",,1 (2) " you,do not file 0 comploint within this limo. 0 JUDGMENT OF NON PROS W1U BE ENTERED AGAINST YOU. - . . 13) Tho date of oorvic. of this rule if oorvice was by """, b tI10 dote of mooT""" StgIoUo 01 FI.No......, 01 0IpAy ~. ,... "1 :j -1 .\J -..J a J E ~~ /'..fb.. ...J ~.. r- ~ ~ ~~ C'\l ~ .. g~ - l...,0 ~"J ,- -, IV) I~ (. z ::c ~ ...: Q~ ~.j I') ~"il a:I "'~{n ~~ \,1 ..\J.r:i 0.: ~2 "- ll! (..) OJ - ~ \) UOlU ~ L:-l t_Cl.. F c;::; :5 u.. In c;> cro 0 .-61' UO ISJ,dxo UOlltIWWO' ,(Y>4 j"J,,,Q ~o 81111 sp'w n~ IIA(lpl~j' WOIl'" 'JoJeq 1'1"/10 10 'In/'Ii.il,S luruu" JO eJnlrU~IS -61 ' ~o Ava SIHl 3~ 3~OH8 a381~:>S8ns aNV (a3~~I~~V) N~OMS .019JD4 pBl.f:>Due ldla:>aJ s,Japuas 'Jlow (pawIs,6al) (pa'I!Uo,) ~q 0 O'!'Jas leuosJad Aq 0 -6< ' uo passaJppu .UM oln~ 041 W04MOI (.,oall.dd.a41 uodn ,..ddV 10 .'1l0N a'oqu 0416u,Auedwoo,e IUleldwo:> e al'~ 01 OIOU 041 po..as IIe41 J04Unl puu 0 OlOJOl,f pal.peHR ld!o:>aJ s)apuos 'nelU (paJ01S!6cfJ) (pOlmJilJ) ,(,q 0 Q:)I^JOS I\?UCSJod..<q 0 6~ . uo' (aweu) 'a.lladdu a41 uodn PUD 'Ol8J84 pa40DIIDld,a".J s.Japuas 'pew (poJa15!6aJ) (paIlIlJa'l ~q 0 aO'''a' IDUO'Jad Aq 0 '-6< ' (a',^Jas 10 O/Dp) uo U!OHHH pau~u6!sap BJ!lsnr &JfJISIO OLU uadn . .oN GUard uowUJo:) 'lcaddv JO QJllON all} )0 Ado:> B 0 po..O' IID41 wJllle JO JDaMS ~qOJ041 :~I^VOI:l:lV II : ~o UNnO:l YINY^'^SNN3d ~o Hl W3MNOI'iI'i0:l (S..Oo D'oe",dde ~OO!l:> '/Doddelo a,,/ou O!l/6ul/Il 1131,11' S..I \to (01) N31 N/H1IM 031/,1 381SmV Oo'^,.S 10 100Jd Slul) ~NIVldWO:> 311:1 O~ 31m:! ONV lV3ddV :10 3:>I~ON :10 3:>IM/3S :10 :lOOt/d , , COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF JUDGMENT/TRANSCRIPT .... Oool"'" PLAINTIFF: .....E...AOOAE.. rcONSOLIDATED PROPERTIES 400 N. FRONT ST. WORMLEYSBURG, PA 17043 L -I 09-1-02 -, OJ Name Hon. ROBERT V. MANLOVE Adol_ 1901 STATE STREET CAMP HILL, PA VS. T~,a17) 761-0583 17011-0000 DEFENDANT: NAME aM ADDRE88 ~CCANDLESS, MARGARITE 5265 E. TRINDLE RD. APT.' MECH., PA 17055 L -I -, 2 CONSOLIDATED PROPERTIES 400 N. FRONT ST. WORMLEYSBURG, PA 17043 Docket No.: CV-0000419-95 Date Flied: 9/21/95 THIS IS TO NOnFY YOU THAT: Judgment: [!J Judgmenl was entered lor: (Name) [!J Judgment was entered against: (Name) FOR DEFENDANT MCCANDLESS. MARGARITE CONSOLIDATED PROPERTIES In the amount 01 $ .00 on: (Date) 12/04/95 D Damages will be assessed on: (Date & Time) D This case dismissed w~hout prejudice. D Possession granled. D Possession granled II money judgment Is not salisf1ed within thirty days. D Possession not granted. D Levy Is stayed lor _ days or D generally stayed. D Objection to levy has been filed and hearing will be held: Date: Place: Amounl 01 Judgment Judgment Costs Inlerest on Judgment Attorney Fees $.00 $.00 $.00 $.00 $.00 TOTAL Time: ANY PARTY AS THE RIGHT TO OF AP ITH THE PRO JDate F THE DATE OF JUDGMENT BY FILING A NOTICE COURT OF COMMON PLEAS, CIVIL DIVISION. , District Justice eedings containing the judgment. , District Justice My commission expires first Monday 01 January, 2000. SEAL AOPC 31 1;-95 e_IALTHOf .lNNInVAHIA eDUaT Of e_ .LlAI NOTICE 0' APPEAL fROM .IUllIC1AL DlIl.ICT DISTRICT JUSTICE JUDGMENT IfDtd in huthz Office 12-18-95 e_H.IIAt.... 9~ - 717P Ciul'l K'4"'7 NOTICE OF APPEAL Notice I. iii- that !he ~,I has fiIod In !he above Cour' of Convnon PIoos ... appeol from !he luc9nont ,e"deted by !he District Justa on !he dat. and In !he case ......Iooied..... CV II! LT 19 This blocIc Wll be signed ONLY when this notolion I. requUed under Pa. R.c.PJP. No. l00e8. This Notice of Appeal. when ..ceiwd by !he Di.trlct Justice. Wl11 operate 01 0 SUPERSEDEAS to !he judgment for possession In this case. '"Pfopedies !="fOl"t SiYid '0 ,clc - I OCOO~ I f) - qs O~I{,lLI a Jt~ {ti/i ~h0 400 tJ()~-I-h IJ - 4- .CJ5 SigIaIIIlI 01 I'roI/IonoIwy '" Deputy If appellant was CLAIMANT (see Pa. RJ;.P.J.P. No. 1001 (6) In action befcxe DIstrict Justice, he MUST FILE A COMPLAINT within twenty (20) days efter filing his NOTICE of Af'PfEAL PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (ThIs secllon 0I1rxm to be used ONLY when appellant was DEFENDANT (see Pa. RC,P.J,P. No. 1001(7) In acllon 1Je/0ffI Disrrict JustJce, IF NOT USED, detach Imm CXJlY 01 noIice 01 appeal 10 be served l.fXlIl appellee). PRAECIPE, To Prothonolory Enter rule upon , opp.aee(.), to file a complairltln this appeol _01_.' (Comnon PIoos No. .\ ) within.-my (20) days after .....vIce of rule ... .uffor entry of luc9nont of non pros. SIr1lIflIeol__",Ite_OI_ _0I_.} I OPP.'n(l~ RULE, To (1) You'ore notified that:a rule is he..by enleted upon you to file 0 C<lfI1'loild In this appeol within -,. (20) day. after !he dote of service of this nlIe upon you bY personal service ... by cemfied "" regisleted mail (2) " you do no' file 0 compIoinl within .his lime, 0 JUDGMENT OF NON PROS WIU BE ENTERED AGAINST YOU. (3) The dat. of service of this rule if service was by mail is the dote of rnoiIing. Date: ,19__ SIr1lIflIe d II.........., 01 oo,u, AOPC 312-&4 COURT FILE .. .,_..... PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT I rh.. p,ool o/..,vlte MUS T BE FILED WITHIN TEN I 10) DA YS AFTER /ll/ng the notice o/eppeal, Check applicable bO'.') COIUIONWIALTH 0' "NNIYLVANIA COUNTY 0' .Cwnb.u.lo.nd : II AFFIDAVIT: 1 ho,eby .wear or alli,m that I.o...d _ CIII;\ )1(. wpy Dill... Noitca 01 Ap~eol, Common Plea. No qs- '1/1 f lttm, upon Ihe Dist,lcI Justice designated Iheroin on Id.l. 01 .....c.} _Dl>{',m!;y: ,q, 19!i5...., 0 by porsonal se,vice [l by (certified) (,ogiste,ed) mall. sende"s 'ocfllPI altlehnd h.,olo, a.!'9 upon Ihe appollee, (name) tY\c\v9,Hilf.l)1t(llndltSS '. . . . on .hc..lf\__. 19,9:)--1] by personal so,vice 12l by (certified) (tcgislo,ed) mail, sendo,'s ,ecolpt allaehed herelo. rJ .lIdlurtho, Iholl.o,vodlho Rulo to Fllo a Complainl accompanying Iho abovo Nolico 01 Appoal upon Iheappollee's) 10 whom Ihu Rulo wos odd,ossed on , 19_ 0 by porsonal so,vice 0 by (ee,lified) (regisle'ed) mIll, londe,'s ,ecolpl oltached ho,elo. SWORN (MFIflMED) AND SUBSCRIBED BEFORE ME THIS --Jt'j~--_DAVOF~\:;leL,19..32 _~~r..L.~d~ 5'11'111"". 0' t""~hll h,IPI' ./ICI'1 ""'''~~,'Iit.. m.". __~c."I_IlJ"lfL rill, o'olf.t:/I/ MV comfllll_il)fl tJ.~H" on _,::.7"., I~ I ~ 19-2J:e.. -~ Sign. lute of affiant NotArIal Sola' F Q,IQOIY FOI. Notary PublIC Hsmpdan'TWP.. Cumtlllrtand County My Commlllion elplres July 11. 1996 ,,"bel P.nn~yl"nll AssOC:la\lon 01 NOlalies ~ \0 ~I U1 <::I -0[;0 ."7'1 ~lfJ n m --c: N ~ ~..~ r-o ;a. @ :< ~~ :x c:? ~Fa ~ - ~. U1 .\'.. " -, '" o I ... 0- I 0- O. GJ...,o 0> GJ,..." o 010- ......... .. s..C""c( :JfUVlQ. OlE: <.J 01. . ......... ...,> fU_ U ...,.,.. ''''~Vl:C .... ""GJ~o. 1Il,Q 0 E ''''OeniO Co: ~u \() ~ \ ~ - \ C1) - '. r) 0 . lil~ w ~(J) no<( Q!!:! Cl)o; Sri> -I- -Ice ~! OW (J)IL ~." . ~~ 2:0 On: On. .-..~..-._-.... .. ...... -. ~ In i;; 8 ~~ r -- .<, co. :.:: :~ ..;:: r:l- J 0 ;:,;~ /-- N ~~ a:~ u ....J (pc.. r- c:> a - l:5 In ell , P Uo3 5115 3111 -;,;--.-.. ., 2 Receipt for Certified Mall No Inaunll1C8 Coverage ProvIded 1II'Ill'_ Do not use lor IntemallonaJ MeI1 (See Reversel .... ~ ~ - .,... ... -.......... n.tdId DIIwIry,.. .,.. RIUn.....~ Sl .._.__ ~- .....--......... 0., MCI AddreaIM.. AddMI lOTAL_ . .- I-or- ! Ie . MICHAEL A. SERLUCO t/a CONSOLIDATED PROPERTIES, Plaintiff IN THE COURT OF COMMON PLEAS OF V. MARGARITE J. MCCANDLESS, Defendant CUMBERLAND COUNTY, PENNSYLVANIA 'lr'- 717ft : NO. I . CIVIL TERM . . CIVIL ACTION - LAW NOTICE TO PLEAD TO: Michael A. Serluco t/a Consolidated Properties You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a jUdgment may be entered against you. Date: /-,?t- p~ Pilip . Attorn y for Defe ~ant LEGAL SERVICES, INC. a Irvine Row Carlisle, Pa 17013 (717) 243-9400 ,,\ -- ,','';,.", ....'d'.. MICHAEL A. SERLUCO tla CONSOLIDATED PROPERTIES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-7178 CIVIL TERM CIVIL ACTION - LAW V. MARGARITE J. MCCANDLESS, Defendant ANSWER COMES NOW the defendant, Margarite J. McCandless, by counsel, Philip C. Briganti, Esquire, Legal Services, Inc., and as her Answer to Plaintiff's Complaint, states as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. Defendant admits that she signed the Lease Agreement and the renewal thereof attached to Plaintiff's Complaint as Exhibit "A". However, as set forth below in her New Matter, Defendant denies that she knowingly, intentionally or voluntarily assented to all terms in the lease, or that she is bound by all terms therein. 4. Admitted. 6. Deleted by Plaintiff's counsel; no response required. 6. Denied. Defendant denies that she is or was required to pay Plaintiff $450.00 per month. The parties were participants in the HUD Section 8 Existing Housing Program, which only required Defendant to pay Plaintiff $57.00 per month, with the balance of the rent subsidized by HUD. 7. Denied. Defendant denies that she failed to make the required monthly rental payments from and after July of 1995. As required under the HUD Section 8 Program, she paid Plaintiff $57.00 per month in rent for JUly and August, 1996. She vacated the premises on or about August 31, 1995, and was not responsible for rent thereafter. 8. Denied. Defendant denies that she is or was obligated to pay late charges of five percent per month. As set forth below in her New Matter, Defendant asserts that the late fee provisions in the parties' lease are unenforceable. 9. Denied. Defendant denies that she has failed to make the required monthly payments, and that there are any remaining monthly paymente due and payable. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 6 and 7. 10. Denied. Defendant denies that she is obligated to pay to Plaintiff any collection expenses, including but not limited to attorney's fees. She avers that she is not liable for any such expenses, as all amounts owing to Plaintiff have been paid. Also, as set forth below in her New Matter, any clauses in the lease purporting to require her to pay such expenses are unenforceable. 11. Denied. Defendant denies that she is in breach of any obligation to pay Plaintiff, or that she owes Plaintiff $962.31 or any portion thereof. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 6 through 10. 12. Admitted in part and denied in part. Defendant admits that she refuses to pay the amount requested in Plaintiff's Complaint, or any part thereof. However, Defendant denies that Plaintiff has previously demanded the total amount Plaintiff alleges is due, that she owes any portion of that amount and therefore that she has "neglected" to pay it. NEW MATTER 1. Estoooe 1 13. Since in or about July 1992, Defendant's rent has been subsidized by HUD, through rental payments made to Plaintiff through the Section 8 Existing Housing Program. 14. Each sUbsequent year, through and including 1994, Defendant signed a renewal of her lease with Plaintiff, and Plaintiff executed paperwork necessary to participate in and receive rental subsidies from, the Section 8 Program. 15. On or about March 17, 1995, Defendant executed a renewal of her lease with Plaintiff, reasonably believing that Plaintiff would continue participating in the Section 8 Program and having received no indication that such participation would cease. 16. On or about JUly 26, 1995, after Plaintiff's agent, Carey Twigg, had represented to her and for some time led her to believe that Plaintiff would continue participating in the Section 8 Program, Ms. Twigg informed Defendant that Plaintiff would no longer participate and demanded that Defendant vacate the premises and pay the full, unsubsidized rent. 17. Defendant would not have executed the renewal to her lease in March 1995 if Plaintiff had not led her to believe that it would continue to participate in the Section 8 Program, or informed her that it would ceaee participating, because she could not afford to pay the full unsubsidized rent for her apartment. 18. In light of Plaintiff's long-term participation in the Section 8 Program, and other actions and repreaentations on which Defendant reasonably relied in concluding that Plaintiff would continue participating in the Section 8 Program and receiving a rent sUbsidy from HUD, Plaintiff is estopped from collecting rent form Defendant at a rate in excess of $67.00 per month, the amount established for her under the Section 8 Program, and which Defendant has already paid through and including August 1996. II. Imorooer Withdrawal from HUD Section 8 ProAram 19. Pursuant to 24 CFR Section 882.215(b)(2), a landlord's Housing Assistance Payments contract, under which the landlord agrees to participate in the Section 8 Program, is coextensive with the term of the lease. 20. Pursuant to 24 CFR Section 882.215(c), a Section 8 landlord can only terminate for specified good cause. 21. Because Defendant's lease was never properly terminated prior to Plaintiff's withdrawal from the Section 8 Program in JUly 1995 and there was not good cause for terminating her lease, Plaintiff could not cease to participate in the Section 8 Program and refuse to accept rent subsidies from HUD. 22. Plaintiff could have received payments from HUD to cover the alleged unpaid portions of Defendant's rent for July and August 1995, and only did not receive these payments because it improperly failed to complete the neceesary paperwork with the Housing Authority of Cumberland County. 23. By failing to complete the necessary paperwork to receive the rent subsidy payments, Plaintiff waived its right to collect these payments from Defendant. III. Parties' Lease is a Contract of Adhesion 24. The parties' leaee is a contract of adhesion, over the terms of which Defendant had no bargaining power, and which contains terms, including but not limited to the confession of jUdgment clauses, and late fee and attorney fee provisions, which are oppressive and unconscionable, and were not knowingly, intentionally or vOluntarily assented to by Defendant. IV. Violation of the Plain LanQUaRe Consumer Contract Act 26. The parties' lease is a "consumer contract" within the meaning of the Plain Language Consumer Contract Act, 73 P.S. Section 2201 ~ ~. 26. This lease, including but not limited to it's confession of jUdgment clauses, and late fee and attorney's fees provisions, does not comply with the Plain Language Consumer Contract Act's "test of readability" set forth under 73 P.S. Section 2206, and is unenforceable. V. Late Fee Provisions are Unenforceable as a Penaltv 27. The parties' lease agreement provides that "[t]enant further shall pay a late charge of five (5~) per month of the amount of rent in default on the ~ day of each month." See Plaintiff's Exhibit "A", paragraph 1. the late payment of rent, the leaee provieiona purporting to 28. Because such late charges are excessive and bear no reasonable relationship to Plaintiff'e actual 10s8es arieing from assess such charges are unenforceable as a penalty. VI. Violation of the Unfair Trade Practices and Consumer Protection Law 29. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 13 through 28. 30. Plaintiff's actions in misleading Defendant with respect to Plaintiff's participation in the Section 8 Existing Housing Program and improper withdrawal from that program, and the above-stated improprieties with respect to the parties' written lease agreement, constitute unfair or deceptive acts or practices in the conduct of trade or commerce within the meaning of the Unfair Trade Practices and Consumer Protection Law (73 P.S. Section 201-1 ~ ~.). WHEREFORE, Defendant respectfully requests that jUdgment be entered in her favor, and that the relief requeeted by Plaintiff be denied. COUNTERCLAIM AND NOW as her Counterclaim, Defendant represents as follows: I. Failure to Return Security Deoosit 31. Prior to moving into the rental premises in or about June 1992, Defendant remitted to Plaintiff a security deposit in the amount of $435.00. 33. Pursuant to 88 P.S. Section 260.612(c), because Plaintiff failed to return Defendant's security deposit or the unpaid interest within thirty days after her surrender of the premises to Plaintiff and Plaintiff's acceptance of said premises, Plaintiff is liable to her for double the amount of her deposit and the accrued interest. WHEREFORE, Defendant respectfully requests judgment against Plaintiff in the amount of $870.00, plus double any accrued interest on this sum since it was deposited with Plaintiff. II. Violation of the Unfair Trade Practices and Consumer Protection Law 32. since she moved out of the rental premises on or about August 31, 1996, Plaintiff, without just cause, has failed to return her security deposit, or the interest accruing thereon, in violation of 88 P.S. Section 260.612. 34. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 13 through 33. 35. Plaintiff is engaged in "trade" or "commerce" within the meaning of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. section 201-1 et~. (hereinafter "the Act"). 38. Paragraph 15 of the parties' lease provides that Plaintiff may confess Judgment against Defendant for unpaid rent and other charges. See Plaintiff's Exhibit "A". 37. The parties' most recent renewal of their lease, dated March 17, 1996, was executed when Defendant rented the subject premises from Plaintiff under the HUD Section 8 Existing Housing Program, from which Plaintiff received rent subsidies. 8ee Plaintiff's Exhibit "A". 38. The regulations governing the HUe Section 8 Existing Housing Program, at 24 CFR Section 882, Subpt. e, App. I, prohibit leaee clauses providing for confeseion of judgment, and therefore render the confeasion of judgment provisions in the parties' lease void and unenforceable. 39. Judgment by confeesion is an unconstitutional violation of Defendant's Fourteenth Amendment right to due process, because she did not knowingly, intelligently or vOluntarily waive her rights to notice and a hearing, and no evidentiary hearing was held to determine if she adequately waived these rights. 40. pureuant to Swarb v. Lennox, 314 F. Supp. 1091 (E.D. PA. 1970), aff'd 405 U.S. 191 (1972), confession of jUdgment clauses are presumptively unconstitutional against persons who make less than $10,000.00 per year. 41. Defendant belongs to the class protected by Swarb v. Lennox, because although in April 1992 Defendant eigned a statement contained in the parties' lease indicating that her income was in excess of $10,000.00, she did not understand what she was signing, and in fact her income was well below $10,000.00 at that time, as well as when she signed the most recent renewal of the parties' lease in March 1995. 42. Judgment by confession violates an individual's right of access to the courts es guaranteed by the Constitution of the Commonwealth of Pennsylvania, Art. 1, Section 11. 43. On January 5, 1998, although the confession of judgment clause in the parties' lease was unlawful and unenforceable, and although the instant case was already pending, Plaintiff confessed Judgment in a separate proceeding against Defendant in the amount of $982.31. A copy of the notice of the judgment by confession is attached hereto as Exhibit "A". 44. Plaintiff's actions as described herein constitute unfair or deceptive acts or practices in the conduct of trade or commerce within the meaning of Section 3 of the Act (73 P.S. Section 201-3). 46. Ae a direct and proximate consequence of said unfair or deceptive acts or practices, Defendant has suffered actual damages which include, but are not limited to, the following: a. moving expenses of $100.00 b. a $800.00 security deposit, which she had to pay at her new residence after wrongfully being forced to move because of Plaintiff's misconduct. c. her $436.00 security deposit with Plaintiff, plUS accrued interest thereon, which Plaintiff has failed to return to her. d. transportation costs and other expenses in defending the confession of judgment proceedings, which remain pending. e. euch other damages as may be proven at trial. WHEREFORE, pursuant to Section 9.2 of the Act (73 P.B. Section 201-9.2), Defendant requests judgment against Plaintiff for her actual damages or $100.00, whichever is greater; three times her actual damages as a statutory penalty; reasonable attorney's fees; and such other and further relief as this court may deem reasonable and just. III. Violation of the plain Lanauaae Consumer contract Act 48. Defendant repeats and incorporates by reference her averments set forth above in paragraphs 26 and 28. WHEREFORE, Defendant respectfully requests that, pursuant to 73 P.S. Section 2207, she be awarded statutory damages in the amount of $100.00, court costs and reasonable attorney fees. Respectfully submitted, . The above-named Defendant, Margarite McCandles8, verifies that the statementa made in the above Answer, New Matter and Counterclaim are true and correct. Defendant understands that false statementa herein are made sUbject to the penalties of 18 Pa. C.8. 14904, relating to unsworn faleification to authorities. Date: /- ~r,-q6 mfl~ )1;~ Margar1, e Mc ndless, Defendant MICHAEL A. SERLUCO t/a CONSOLIDATED PROPERTIES, Plaintiff v, MARGARITE J, McCANDLESS, Defendant TO: Margarlte J. McCandless Apt. 12 6266 Eaat Trlndle Road Machanlcsburg, PA 17066 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA qG, 'ir &uu.,......... NO. 9& 7178 CIVIL TERM CIVIL ACTION. LAW You are hereby notified that on q~..... T < "':. , 1996, Judgment by confasslon was entered against you In the sum of $962.31 In the above-captioned cese. Date: nL,... 'J ~ 149,-' (l,;~"" r; ">h..xl1....- A. (l.l<( ~ I -tPfothonotary . , 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 RND OUT WHERE YOU CAN GET LEGAL HELP. Court Admlnlstrstor Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 Telephone: (7171 240.6200 I hereby certify thst the following Is the addreas of the Defendant stated In the certificate of residence: Apt. #2 6266 East Trlndle Road Mechanlcsburg, PA 17066 ~ Attorney for Plaintiff j3>flIICIT '0" MICHAEL A. SERLUCO tla CONSOLIDATED PROPERTIE8, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 9r-717fJ NO. 8_ __ CIVIL TERM . . V. MARGARITE J. MCCANDLESS, Defendant . . CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certify that a copy of the foregoing Notice to Plead, Answer, New Matter and Counterclaim is this 26th day of January, 1996, being served upon David J. Lanza, Attorney at Law, 301 Market Street, P.O. Box 109, Lemoyne, Pennsylvania, 17043, by regular mail. Brigs Attorney for De LEGAL SERVICES, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 r;; r- i'::: ~1J M ~:.:. :':).:" O.,.~ S! - U:~~ r-'= c:: r.",~j CI If: '0 j~~5 ~J ~L' c" Ett!-} -.. ..... l]fii r~ -:.; !'Ju. -, l' l.CI =3 d c', U .! " i J ~ .., ~ ~ ~ .. 1 "" ~. . " .. . , ... ... {' (~ ';;:} , -. :j l' J(; ~. .J i)V J ~ 0 l 1\ rj,-j''- (" L ", j (. il. I.t'~ boo; i'll, ,. '. '. ~~ ~.; , j.'> ".1 ',! I-I ( " . ; ~. . . .' ., . ~',...,' ,;' 1 '. HC' ':.1' iAI}, ,"','\ .". ". l"" '.) r~~lJ" '. ,i,' i",... jet I '" ~ T .:v t ;: "l', ~ h'" ,'. JO~: l"i;" r ;t' .,