Loading...
HomeMy WebLinkAbout07-0431F1 6'OMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. d ? 5/3/ Iv ,'u,' / 'T r^n~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. ~. 5 7 ~ . 39 ~_ ~'f' _. ~'~m~ Jai ~-1- P/~ l 70 ~ ~ /,AN +Gi ~C ~ o. .nrl. ,~r~--!'~, ,~-,L1' ~ .21~ 3r4n/ ~. ~ ~ c Q-~ ss(~ rw ~ /p~ u ~' SIG TURE OF APPELLANT OR ATTORNEI~R AGENT C~.~-DOOaSo3-6G ~ y~l~C,~l,~vi~~ This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. If appellant was Claimant (see before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days aRer filing the NOTICE of APPEAL. signature a prornonotary a Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal fo be served upon appellee. PRAECIPE: To Prot onotary Enter rule upon ~ l4~ 1 ~.1, ti /Tt/ ~¢rl/ /7f'~1 appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. ~ 7~ ,,~ ~ ~~ ~~ ~~ )within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To ~- ~ f mac.' ~. , appall (s) Name o appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: cj , 20 ~ Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTJCE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE F1LED WlTHIN'TEN (~OJ DAYS AFTER frling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ^ a copy of the Notice of Appeal, Gommon Pleas ,upon the District Justice designated therein on (date of service) , 20 ^ by personal service ^ by (certified} (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ^ by personal service ^ by (certified) (registered} mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of affiant Signature of official before whom affidavit was made Trtle of official My commission expires on , 20 A~ C s n ~~~ ~~._ a- ~ -''.. ~\ ~ ~:. ~+ p~l s^~ lvv^` °o cr Z ~~ _ -ca ~D ~~~~ Ti _~ ='~ ~ .1J~ 1 "' •' COMMONWEALTH.OF PENNSYLVANIA COUNTY OF: Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOI[AS A. PLACBY Address: 104 S SPO$TI~TG HILL '. RD . l~C8A1~ICSBII~tG, PA Telephone:: 717 > ` 761-8230 .17~5V NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE '4'PLA~NTIFF: NAME and ADDRESS ~SATBS, SIISAl~ ~ 57 8. 39TH.. ST~tBST CA>CI~P .SILL, PA 1.7011 L - J VS. DEFENDANT: NAME and AoaaESs rDBITC~tAI11,; DA~TIBL ~ 1~ 02 IL~IAT~t088 CIRCLE ~ 1 ' M8C8AWIC98DjtG, PA 17050 L J SIISA~i BATS 57 S. 39TH STSBBT Docket No.: CV-0000503-06 CA1LP SILL, PA 17011 Date Filed: 8/17/06 ~, _._. .R.: THIS. IS TO NOTIFY YOU THAT: ~,~, ~ ~. - Fp~t ~8~~ ~. ~ (~ ~f Jl.~'r,~rn -t~~. , a.~/...0 _ ,fir--.~,:-~--. ~n Y ® Judgment was entered for: (Name) D$ITCHI[Al~, DA'l~IBL Judgment was entered against: (Name) SATES, SIISAI~ in the amount of $ • 0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. .Amount of Judgment Subject to Attachment/42 Pa:C.S: § 812 Portion of,Judgment for physical damages arising out of residential lease $ Amount of Judgment $ . 00 Judgment Costs $ 00 Interest on Judgment $ • ~ Attorney Fees $ 00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTlTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE ~ JUDGEMENT HOLDEI?~~LEGTS TO ENTER'~HE JUL~GME~IT tN SHE COUFjT OF Cf~AMONrPLEAS ALL FU~iTHER PROCESS MUST `'C6Ml: fI~OM THt? 1rOMMf~F ~ ~ g .~~. z _ __ L~7C 7~l0QN() E~3 PROCESS MAY'BE"ISSiJECTBY'fWE MACitSTERI"Ai`b1STRfCTJU('~G~ ..': UNLESS THE JUDG ~ ENT IS ENTEREI~IN THE COURTF C MMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION. WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOi3 PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. UL. Date { certify that this is a true. a p t record of the:, `' ~ 2 3-t o'6 Date My commission expires first Monday of January, x010 .,~ , ,,~i~~rf .Y Ei~ ~~ ~~~ ` f "~ ~"~ MagisteriatiDlstx`i~t Judge sings con#ainng tfae judgment. Magisterial District Judge SEAL AOPC 315-06 DAT$ P~LII~T$D:. la/21/06 3:14:00 P![ #s ~' ~ r COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CIIIi~RBr'~wn CIVIL CASE Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOlI[AS A. PLACBY Address: 104 S SPORTING HILL RD lItRCHAli<ICSHD~LG, PA Telephone: (717) 761-8230 17050 SIISA'!6i BAT88 57 S. 39TH ST. CA11[P HILL, PA 17 011 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAI>sITIFF ~. 'PL'`AINTIFF: NAME and ADDRESS rDBITCHII[AM, DAli<I8L 1202 1L0>diT16t088 CIRCLE ~ MHCHAli<ICSSURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS ~>dAT$S, SIISAIQ 57 S. 39TH ST. ~ CAII[P HILL, PA 17011 L_ J Docket No.: CV-0000503-06 _ Date Filed: 10/03/06 - CROSS COMPLAINT 001 (Date of Judgment) 12/21/06 Judgment was entered for: (Name) DgITCH11tA>oT, DAWI$L Judgment was entered against: (Name) BATES, SIISA>eT in the amount of $ 438.0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 433.00 Judgment Costs $ 5.00 Interest on Judgment $ • Attorney Fees $ . 00 Total $ 438.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY.OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN TH.E:-RULES OF,CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TQ ENTER THE JUDGMENT IN THE COURT OF'COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHERPROCESS MAY BE ISSUEb BY.THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT Off' COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENTDEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. d 21 tab Date ~w~s D1~ r ~ ;lu " .e I certify-that this is a true a . e ecord of the p c dings ca~ta tk5e judt me'~1 It''~ ~~> j 21 f~lv Date -__--- , It~agr~teria~l D+stcict Judge ..2010 ~ My commission expires first Monday of January, ~~~; SEAL:. "'~ AOPC 315-06 DATE PRI~ITBD: 12/21/06 3:15:00 PH 0'i- y31 C~~~t Term 1~6io7 Plaintiff Susan Bates 57 S. 39~' Street Camp Hill, PA 17011 CV 0503 06 vs Defendant Daniel Deitchman 1202 Montrose Circle Mechanicsburg, PA 17055 District Court 09-3-04 COMPLAINT i moved into 320 W. Shady Lane, Enola in May of 04. I signed a lease with Mrs. Parker and gave her a $495.00 security deposit. At the time of move-in the apartment had not been cleaned, carpets cleaned or painted. When Mrs. Parker decided to sell the complex I informed all prospective buyers that the condition of the apartment was as it was when I moved in. The damages on the walls and carpets were before I came. Mr. Deitchman purchased the units and I explained again that I did not want to be help responsible for the damages due to it never being corrected either before or after I moved in. I gave notice in late August of 2005 by phone. Mr. Deitchman was out of town and caked me back. I explained I would give a 30 day notice and he accepted it requesting I be out by September 18~ instead of my expected September 30a'. At no time did he discuss I would owe additional monies for moving out. He actually requested I be out earlier than I had planned and not once requested I stay 60 days instead of only 18. I discussed the return of my deposit and he stated he would consider returning it if I was out by the date he wanted me out. I was out of the unit by September 17'x. The unit was vacuumed, the kitchen floor was scrubbed, even under the refrigerator, the walls where I had hung pictures was speckled and the bathroom was cleaned. Based on the fact that Mr. Deitchman never gave me a copy of "his" new lease, the additional monies he reed $61.00 a month from January to dune for dog, sewer and trash that I wasn't required to pay in my first lease (verbal agreement with Mr. Deitchman), and that he broke the lease as well by asking me to be out in 18 days and never lived up the lease that says he will maintain the property I feel I am due the security deposit and court fee's. He also earned interest on the money from my security deposit from May of 04 until I moved out in September of O5. The basement was infested with mold due to constant water leaking into the basement from the outside. Mr. Deitchman was called several times regarding fixing the flooding in the basement and never did It caused mold to grow all over the basement walls which is a health hazard. There also was mold growing in the bathroom behind the shower wall due to the shower wall being halfway over a window. The water from the shower would go behind the wall and just the moisture from the bathroom caused mold to grow. When approached about fixing this his response was he couldn't afford it. I had numerous conversations regarding not be held responsible for the condition of the unit and had pointed out when he purchased them the problems that were there before me. He had full knowledge of the condition of the unit. I do have a witness to testify of the condition during move in and several conversations he was witness to in speaking about fixing the water problem and my security deposit. ~~~t ~: r-~ ~' r--" ~ Q -r~ - .--_, ~'' ; - ~ _ ~-r~ _ ;;; ` ~ ~ -~ c r~ _~, Y~ ~ ~=1 z ~~ ij`:~ .. ~ `_ ti __,_ -C ~ ~..~ .. ~ ~~ U. 'Postal ServiceTti, C TIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) m ti ~O rIJ r~ O Retum Receipt Fee Q (Endorsement Required) ~ Restricted Delivery Fee ~ (Endorsement Required) N Totai Postage & Fees rU 0 O r` U.S . Post al Ser viceT n~ CE RTIF IED MAIL TM REC EIPT ' _. (Dom estic M ail Only ; No Ins urance C overage P rovided) ' For de livery in form ti l S~t~ a~R»uor a on ......~-.. visit ou __-__ _ r website a t www.uso s.com~, ~,. s~ m ~ -.~, ~ Postage $ rlJ Certified Fee *~" Y" f~ p Retum Receipt Fee (Endorsement Required) #.l ~ ~ ~ Restricted Delivery Fee (Endorsement Required) ~~~ I' ~ I O `a (~- Total Postage $ Fees 1~4. t:4 n_I / .tG P;a ~.,, 5~~ ~" ~~5 Postmark JAN 2 t^~ ii ~~ J / ~ ~ i1,•' ~t!?fii 17 ~ USP o ------~i~itl ~ £-4...~f ~TCNr~ R ~! ~ Sfreet, Apt No.; -- - ._..I., or PO Box No. ~~ ~ ~~ ~©5 ~ / , M1 City Stage. --P-4 ----•---------------------------~- C~ ~fI l70 ----~ PROOF OF s~lVIiCE OF NOTICE OF APPEAL AND RUIl.E TO FN.E COMPLAINT (This plvof of service MUST BE FILED WITH-N TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF P ~NN~S//YLVANIA COUNTY OF ~~~~ im ~`[JL(CL//1/~~T- : ss AFFIDAVIT: I hereby (swear) (affirm) that I served ^ a copy of the Notice of Appeal, Common Pleas b~, upon the District Justice designated therein on (date of service) ~ ~ , 20~, ^ by personal service ~by (certified) (registered) mail, sender's recei~it ttached he eto, and upon the appellee, (name) , on 20 ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto. ' (SWORN) (AFFIRMED) A~~,,,,D,,~~SSUBSCRIBED BEFORE ME THIS ~~'- Y OF_.l~¢[1, _ 20~. „ / , Signa f o before whom a/fidavit was made lll~~-1e'~` .1 Signature of afifanf Title of official My commission expires on , 20~~ ,,Nii~lOiNWEALTH OF PENNSYLVANIA N07ARIAL SEAL MARY HALKIAS, Notsry pubic Camp Hill Rotor Cumberland Camty ~~<~ ~~,tnmission Expiras Aug. 16r 2010 N ~ Y ;•., ,,Md~ » .... , .~ r i f: 2s ~ ~ ~ .~ _ ~ ~.. ~ `~ ~~' ~ zm c- cn cn ~ 4 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ~ ~'- `jet t.,`, ~~~ ~ Ter ~~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. App~$SOPEV7 ~ \! ~ ~` ~lr~J /TI ~ ~'"'. / ! 'E ~Z~V `! DVATEIQF JU ~ ~T IN THE CASE OF dR1~ L-I T~. ~ t ~~' C 1~ 14'x./ ,~ ~P ` ~it(~ M C3 / r.~ r Rs I2 c~CJo~.~ t x,~ f / T c,,, ~ ~ ~. ~2U ~~ n~ ~,~.rF ~r -- av T DOCKET No. SIGNATU OF APPELUWT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDERS to the judgment for possession ih this case. (20) days after filing the NOTICE of APPEAL. Signature o/ Prothoratary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prot onotary Enter rule upon A /tl ! ~- ~ ~ k ~~~ ~~ ~'~ appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. t~ ~., y' ,,;~ ,%7L~,;UI° _ f ~~~-, )within twenty (20) days after service of rule or suffer entry of judgment of non pros. ,f / ;r ~~ y~~ ~~~.. ~i.~ ~, ~~-~ Signature of appellant or attorney or agent RULE: To !r~ /1..~ ~ ~~, ~ ~ ~~ ~/~ ~ti~ , appellefe(s) Name o/appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If~eu (p not~file a`eomplaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3).+Tf~e date of service of this ..rule if service was by mail is the date of the mailing. r _' ~ ' ,2 Dat+3:. ~ ~f , 20 c~ /, Signature o/ Prothonotary or Deputy YOU MUST INCLUDE A CC3PY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE YELLOW -APPELLANT'S COPY t~ if IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSAN BATES, NO: 07-431 CIVIL vs. DANIEL DEITCHMAN ANSWER; NEW MATTER AND COUNTERCLAIM Now comes Daniel Deitchman, Defendant, pro se, and replies as follows to the Complaint dated as of 1/26/07 filed by Susan Bates in the above-captioned matter: 1. Denied. Proof demanded. By way of further reply, Defendant has set forth the facts of Ms. Bates' former tenancy in an apartment building owned by Defendant in aproperly-paragraphed format in the Counterclaim below. The remainder of Ms. Bates Compliant, particularly alleged facts concerning water leaks and the prior landlord, are entirely irrelevant and the Complaint itself is impossible to address in a pleading format conforming to local and Pennsylvania Rules of Civil Procedure. NEW MATTER 1. The Complaint fails to state a claim upon which relief can be granted. 2. The Complaint fails to specify a demand for damages. 3. The Complaint does not comply with local and Pennsylvania Rules of Civil Procedure. 4. The Complaint contains allegations that are based on inadmissible parole evidence. 5. The Complaint contains allegations that are wholly irrelevant to a contract action. 6. The Complaint contains allegations that are exaggerated and inflammatory. 7. The Complaint contains allegations that are untrue or false. 8. Defendant was not formally served with the Complaint. 9. Plaintiff did not provide Defendant with proper notice of his rights associated with the Complaint against him. WHEREFORE, Defendant requests that the Complaint filed in the above-captioned matter be dismissed with prejudice. ALTERNATIVELY, Defendant requests that Plaintiff be required to re-£le her Complaint in accordance with local and Common Pleas Rules of Civil Procedure and effectuate formal service of the Amended Complaint upon Defendant. COUNTERCLAIM 1. Susan Bates, an individual residing at: 57 S. 39th Street, Camp Hill, Cumberland County, Pennsylvania, was the Complainant and Cross- Defendant in an action filed in District Court 09-3-04, at Docketed at CV- 0503-06. 2. Daniel Deitchman, an individual residing at: 1202 Montrose Circle, Mechanicsburg, Cumberland County, Pennsylvania, was the Defendant and Cross-Plaintiff in the action referenced in paragraph 1 above. 2 t. Susan Bates previously resided in a residential apartment building owned by Daniel Deitchman located at 320 Shady Lane, Apt. #5, Enola, Cumberland County, Pennsylvania. 4. The parties hereto signed a written lease dated June 8, 2005, calling for rent of $595.00 per month from July 1, 2005 through June 30, 2006 and an acknowledged security deposit in the amount of $495.00 carried over from the prior landlord of 320 Shady Lane. A true and correct copy of said Lease is attached hereto at Exhibit "A." 5. Paragraph 4(b) of the lease provided that it was "Terminable by thirty (30) days notice and payment of break-lease fee by Tenant." Specifically, the lease provided that Ms. Bates could "cancel before the expiration of the lease by giving written notice of such cancellation at least thirty (30) days in advance of the date of such cancellation and said written notice must be accompanied by the payment of a cancellation fee ecLual to one month's current rent plus the payment of the rent due for the last month of occupancy." 6. Ms. Bates did not provide at least thirty days written notice of her intent to vacate Apt. #5 prior to expiration of the annual term. 7. Ms. Bates did call Mr. Deitchman near the end of August, 2005 indicating an intention to move out, but no written notification was provided to NIr. Deitchman of when Ms. Bates would vacate the apartment. 8. Ms. Bates made a partial rent payment for the month of September, 2006 in the amount of $393.00 on or about September 6, 2005. 9. Ms. Bates vacated Apt. #5 on or about September 18, 2005. r, 10. Ms. Bates mailed a letter to Mr. Deitchman dated September 30, 2005 with her new address and requested a return of her security deposit. 11. Mr. Deitchman replied with a letter dated October 10, 2005 accounting for the security deposit as applied to damages and outstanding amounts owing, including the "break lease" fee, totaling $908.00 over and above the security deposit. 12. Ms. Bates filed an action in Magisterial District Court 09-3-04 for return of the security deposit on or about August 15, 2006. 13. Mr. Deitchman filed an answer and across-claim for the outstanding amount owed to him after application of the security deposit. 14. In addition to the break-lease fee and the remainder of rent owing for September, Mr. Deitchman claims the following amounts of damages associated with Ms. Bates' tenancy, which were listed in his October 10, 2005 letter to her: a): failure to shampoo the carpeting upon vacating the apartment: $95.00; b) replacement of damaged carpeting: $350.00 c) patching/repair of walls: $125.00. 15. Paragraph 5(b) of the lease provides that "Tenant is required to have any and all carpeting in the premises professionally shampooed upon move-out...." 16. Tenant did not have the carpet professionally cleaned upon move-out. 17. Much of the carpet had to be removed and replaced as a result of pet damage upon Ms. Bates' move-out. 4 18. Paragraph 5 of the lease also provides Mr. Deitchman with the right to withhold the security deposit for costs or expenses which may be incurred as a result of the tenant's default or damage to the premises. 19. The damages to the apartment and costs associated with Ms. Bates' breaking the lease exceeded the security deposit amount by $908.00. 20. Mr. Deitchman made a lawful and timely demand for the damages owed and an explanation of why the security deposit was not being returned to Ms. Bates. 21. Ms. Bates has not made any payments to Mr. Deitchman subsequent to the partial rent payment of $393.00 on or about September 6, 2006. 22. The Magisterial District Justice issued a judgment in favor of Mr. Deitchman on the cross-claim on or about December 21, 2006. Ms. Bates filed an Appeal from said judgment and a Rule to Show cause was issued upon Mr. Deitchman by certified mail which was received by Mr. Deitchman on or about February 1, 2007. WHEREFORE, Mr. Deitchman prays for relief as follows: 23. Paragraphs 1- 22 above are incorporated as fully stated herein. 24. Mr. Deitchman shall be awarded the right to retain the $495 security deposit as a credit toward the following amounts and be entitled to recover the following amounts from Ms. Bates, less the security deposit: a) $238.00 -remainder of September, 2006 rent and tenant's share of utilities. b) $595.00 -break-lease fee 5 _~ c) $95.00 -cleaning/shampoo of carpets d) $350.00 -carpet replacement e) $125.00 - patching/repair of walls For a total amount owing of $908.00. 25. Mr. Deitchman also requests costs of enforcement in the amount of attorneys' fees and costs in accordance with paragraph 19 of the lease. 26. Mr. Deitchman also requests pre judgment interest for Plaintiff's breach of contract. 27. Mr. Deitchman also requests a wage garnishment order in accordance with 42 Pa.C.S.A. § 8127. Dated: 2.. 2- ~ ~ Respectfully submitted, By: Daniel Deitchman, pro se 1202 Montrose Circle Mechanicsburg, PA 17050 (717) 303-0339 6 By and between: "Owner and/or Property Manager," Daniel and/or Jennifer Deitchman AND "Tenant(s)," Susan M. Bates ]. Rental Premises and Initial Term of Lease a) The premises are located at:320 Shady Lane Aaartment 6. Enola. PA 17025 b) This lease is for an initial term, beginning July 1, 2005 and ending June 30, 2006, unless sooner terminated as provided below. 2. Rent Payments a) The rent for premises shall be $595.00 per month. Monthly rent payments are due to be received on the first (1") day of each month during the term of this lease and any extensions thereto, by tendering payment to the office of: Daniel Deitchman 1202 Montrose Circle, Mechanicsburg, PA 17050, or any other name or address Property Manager may substitute by providing written notice to Tenant. i) If the first day, of the month falls on a Sunday or a federal holiday, rent shall be due on the first business day following the 1" of the month. ii) If rent is not received on or before the third (3rd) calendar day following the due date, a late charge of 5% of the full monthly rent payment will be immediately due, plus an additional $5.00 per day for each day thereafter beginning on the S`~ of the month until the rent, with all late charges, is received as fully paid to date. iii) If Tenant's check is returned for insufficient funds or otherwise fails to clear the bank, Tenant maybe charged $20.00 plus any accrued late charges as described above until payment has been fully made. Property Manager may then require that Tenant's future rent payments be made by certified check, cash, or money order. 3. Terms of renewal. At the expiration of the lease term, this lease shall be automatically extended for another one year term; the amount of rent maybe adjusted by the Property Manager upon 30 days' written notice to the Tenant, and all other terms of this lease shall remain the same, provided neither Tenant nor Property Manager provide the other with thirty (30) days written notice of intention to terminate or refuse to renew the lease, and provided Tenant is not in default in performance of the terms and conditions of this lease. 4. Termination other than at end of term. Events which may cause termination of this lease, other than expiration of its duration are: a) Terminable on breach. The lease maybe terminated by Property Manager in the event of the breach of any of the agreements of lessee contained herein, including failure to pay rent within three (3) days of the due date, in which case Tenant's right to occupy the premises shall immediately terminate. TENANT HEREBY WAIVES THE RIGHT TO FIFTEEN (15) DAYS NOTICE PROVIDED BY 68 Pa.C.S. § 2SO.S01(b) AND AGREES THAT FIVE (5) DAYS NOTICE OF TERMINATION FOR BREACH OF LEASE SHALL BE SUFFICIENT. b) Terminable by thirty (30) days notice & payment of break-lease fee by Tenant. Tenant may cancel before the expiration of the lease by giving written notice of such cancellation at least thirty (30) days in advance of the date of cancellation and said written Page 1 of 6 Tenant's lnitials:'~!!~/ ! L1-- r `~C/ 1 notice must be accompanied by the ~avment of a cancellation fee equal to one month's current rent Dlus the nayment of the rent due for the last month of occupancv. 5. Security Deposit. Property Manager hereby acknowledges receipt of a security deposit in the amount of 495.00 as security for payment of rent and faithful performance by Tenant of all terms, conditions and agreements of lease, as well as to indemnify Property Manager for any costs or expense to which Property Manager may incur by reason of any default by Tenant or damage to the premises. If payment of security deposit is made by check, it must clear into the Property Manager's bank account prior to the commencement of lease or delivery of keys to Tenant. a) If Property Manager holds the security deposit for more than two years under th_e terms of this lease and any extensions hereof, Property Manager agrees to credit interest to Tenant on the security deposit at the average rate of interest paid by the banking institution in which the funds have been held minus any lawful administrative fee then in effect, beginning after the second anniversary of the deposit of the escrow funds with Property Manager. b) Property Manager agrees to repay Tenant the security deposit amount plus any credited interest, less any documented damage to the premises or its contents or unusual charges incurred as a result of Tenant's occupancy of the premises, or unpaid rent or fees, within thirty (30) days of the expiration of the tenancy, provided that all of the terms, conditions and agreements of the lease (including notice provisions) shall have then been fully complied with by Tenant and that Tenant has provided Property Manager with written notice of their new or forwarding address prior to their vacating the apartment. In addition Tenant is required to have any and all carpeting in the premises professionally shampooed upon move-out; Property Manager may withhold the reasonable cost of professional carpet cleaning from the security deposit upon move-out. c) If, during the course of Tenant's occupancy of the premises, the security deposit is caused to be reduced due to damages or unusual charges associated with major repairs to the premises, then Property Manager shall have the right to demand replenishment of the security funds expended. Replenishment is due and payable with the next month's rent and in any event no later than thirty days after written request for replenishment of security deposit. Failure on Tenant's part to replenish the security deposit in accordance with these terms shall be deemed a breach of this lease. d) No portion of the: Security deposit will be released to any Tenant unless and until all Tenants to this lease have vacated the premises. 6. Utilities and public services. Tenant agrees to pay all utility and service charges related to the premises beginning with the commencement of the lease. except those which the Property Manager shall pay as indicated (Property Manager-supplied items indicated by an "O"below): T electricity T heat T water T__ cable TV T sewer ($18/month)* T telephone T trash ($18/month)* * Sewer and trash fees are to be paid directly to Property Manager at the same terms as rent under this lease. This fee is waived for the initial term of the lease. 7. Appliances and Laundry facilities. Kitchen appliances, laundry equipment, etc., are for the convenience of the Tenant and Tenant accepts them in as-in condition upon commencement of the lease. Tenant runs the risk of any malfunction or break-down of the appliances supplied with the apartment. If a malfunction or break-down occurs, Property Manager will remove the malfunctioning unit from the apartment, but it is Tenant's responsibility to replace the appliance for Tenant's own use, which replacement appliance will remain Tenant's property upon expiration of the lease. Page 2 of 6 Tenant's Initials: 8. Parking. If there is on-site private parking, each Tenant named on this lease shall be allowed one (1) parking space and is responsible for keeping the ground around the vehicle and between the building and the vehicle clear of ice and snow in the winter. On street parking applies. a) Tenants may not have any unregistered or inoperable or disassembled vehicles parked on or near the premises. b) Tenants may not allow oil or other fluids associated with vehicle use, other than water, to leak onto the parking areas. 9. Use of premises. Tenant agrees to use and occupy the premises for residential (or storage) purposes only and to not use premises for any unlawful purpose or purpose deemed extra hazardous or that shall cause a nuisance to the neighbors. Tenant shall not create any environmental hazards on the. premises nor any other conditions which shall. cause Property Manager's insurance rates to be increased. Basements are not to be used as living or sleeping quarters. 10. Assignment or subleasing by Tenant prohibited. Tenant may not assign this lease nor sublet the premises or any portion thereof, nor take on any roommates or additional Tenants not named on this lease without prior written consent of Property Manager. 11. Occupancy. The premises shall not be occupied by anyone who is not named on this lease. If Tenant takes on additional roommates with Property Manager's consent, Tenant's rent will automatically be increased by $60.00 per month per person and landlord may require the additional roommate to sign on as a co-Tenant to this lease or any renewal thereof. 12. Compliance with laws and rules. Tenant agrees to observe and comply with all rules, regulations and laws now in effect or which maybe enacted during the continuance of this lease by any municipal, county, state or federal authorities having jurisdiction over the premises, and to indemnify Property Manager for any damage caused by violation thereof. In addition, Tenant agrees to: a) keep noise to a minimum so as not to disturb neighbors. b) not clutter the yard, porches,. sidewalks, vestibules, stairways or other common areas with debris, household items, boxes or unsightly objects. c) use the common sidewalks, porches, vestibules, stairways, entrances, laundry facilities and halls for ingress and egress only to and from the premises and not to loiter nor smoke in these areas. d) Deposit trash and recyclable materials in the receptacles provided and maintain the premises in a good and sanitary condition. e) Not harass the neighbors or Property Manager. Non-emergency telephone calls to Property Manager between the hours of 9:00 p.m. and 8:00 a.m, shall be deemed harassing. f) Not to use any heaters, fixtures, or appliances drawing excessive current alone or in combination with other electronic items on the same circuit. No kerosene heaters are allowed on the premises and space heaters must be pre-approved by Property Manager. 13. Pets. Tenant shall not be allowed to maintain any cats, dogs or reptiles on the premises. If Property Manager finds a pet on the premises in violation of this lease, Property Manager may institute eviction proceedings as provided by law or charge an immediately due and payable $25.00 per month pet premium per animal as additional rent under this lease until the pet has been removed from the premises. (Fish in tanks of 10 gallons or less and small manunals such as gerbils or hamsters are allowed; no birds and no reptiles are allowed). 14. Condition of premises. Tenant has examined and knows condition of premises, and has received same in good order and repair, except as otherwise specified in this lease, and no representations as to condition or Page 3 of 6 Tenant's initials: repair thereof have been made by Property Manager or Property Manager's agent, prior to, or at execution of, this lease: Tenant agrees to keep the premises in as good repair as they found it at the beginning of the lease, except for reasonable wear and tear arising from the use of the premises over time. a) Minor Repairs. Minor repairs (such as blocked toilets or pipes) and replacements of wear items (light bulbs, faucet washers etc.) are the responsibility of the Tenant. The Property Manager will provide Tenant with contact information in case of major repairs or emergencies. b) Plumbing. No grease, coffee grounds, sanitary napkins, or smoking materials shall be placed in drains or toilets. Plumbing repairs necessitated by Tenant carelessness or neglect shall be at the expense of the resident. c) Smoke detectors. Tenant is responsible for providing smoke detectors, for keeping them operational and changing the battery when needed. Property Manager may inspect the premises for functioning smoke detectors, but is not obligated to do so. 15. Alterations and Improvements. Tenant shall make no alterations to the property without the written consent of the Property Manager. All fixtures erected in or attached to premises by Tenant may be removed by Tenant at the termination of this lease, provided (a) Tenant shall not then be in default in the performance of any of the agreements herein, (b) that such removal shall not permanently injure the building, and (c) that removal shall be made before the expiration of this lease or any extension thereof. All fixtures, improvements or alterations not so removed shall become the property of the Property Manager. 16. Right of entry. Tenant agrees to permit Property Manager and Property Manager's agents to enter on the premises or any part thereof, at all reasonable hours upon prior notice, for purpose of examining or showing the premises or making such repairs or alterations as may be necessary for safety or preservation thereof; also to permit Property Manager to place on premises notice of "For Sale" and "For Rent" and not interfere.with such notices. Tenant waives the right to demand prior notice of entry in the event of an emergency or threat of imminent damage to person or property within or in relation to the premises. a) If Tenant does not renew the ]ease term, or provides Property Manager with notice that Tenant intends to vacate, Property Manager shall have the right to show the premises to prospective Tenants at reasonable weekday and weekend hours (between 9 a.m. - 8;00 p.m.) during the last thirty (30) days of the Tenant's occupancy. Property Manager will attempt to call Tenant to provide notice of such showings, but Property Manager shall be allowed to enter under these circumstances if Tenant cannot be reached by phone. 17. Lock-out. If Tenant gets locked out and calls the Property Manager to be let in the premises, the Property Manager or Property Manager's agent (other than a locksmith) shall be entitled to an immediate payment of a lockout fee of $35.00. If Tenant is locked out more than three (3) times in a twelve month period, said fee shall be $50.00 for each additional lock-out call Property Manager must respond to. Tenant likewise agrees to pay any charges associated with the services of a locksmith resulting from a lockout. a) Tenant agrees not to change the locks without Property Manager's prior written permission and Tenant is responsible for providing Property Manager with a key copy at the time the locks are changed. 18. Insurance and Waiver of Liability. Property Manager shall not be liable for any damage, loss or injury to persons or property occurring on the premises. Property Manager shall not be liable to Tenant or Tenant's guests for any damage caused to person or property, by water, rain, snow, ice, sleet, fire, storms and accidents, or by breakage, stoppage or leakage of water, gas, heating, and sewer pipes or plumbing upon, about or adjacent to premises. a) Renter's Insurance Addendum. Property Manager hereby states and Tenant hereby acknowledges that Tenant has been provided with a Renter's Insurance Addendum which shall be incorporated into this lease. Page 4 of 6 Tenant's Initials: b) Waterbeds. No water filled furniture is to be used on the premises without obtaining Property Manager's prior written permission, which will be withheld unless proof of suitable insurance coverage is provided. 19. Costs of enforcement. Tenant agrees to pay all reasonable costs, attorneys' fees, and expenses that shall be made and incurred by Property Manager in enforcing the agreements of this lease or for default and the actual costs of collecting money owed if Property Manager is successful in enforcing the same. Property Manager may retain Tenant's security deposit as liquidated damages, but may also seek recovery of any additional amounts owed. 20. Joint & Several Liability. This legal term applies to this lease which means that each and every Tenant maybe individually responsible for the provisions contained in this lease. For example, amove-out of one Tenant during the lease term does not release him or her from the obligations herein. Likewise, one Tenant may be held responsible for the breach by another. 21. Abandonment. If Tenant- shall abandon or vacate the premises, they maybe relet by Property Manager for such rent and on such terms as Property Manager may see fit; and, if a sufficient sum shall not be thus realized, after paying all expenses of such reletting and collecting to satisfy the rent hereby reserved, lessee agrees to satisfy and pay all deficiency. a) Abandoned Personal Property of Tenant. By signing this Agreement, Tenant agrees that upon surrender, abandonment, or move-out, Property Manager shall not be liable or responsible for storage or disposition of Tenant's personal property. 23. Holding Over. If Tenant shall continue to reside in the premises after the expiration of the term of the lease, without paying applicable rent, it shall be deemed an unlawful tenancy and Property Manager may evict Tenant as set forth above and claim any damages allowed by law or the terms of this lease, including attorneys' fees, court costs, and costs of collection, in conjunction with said eviction. 24. Destruction of Premises. If during the-term of this lease the premises shall be destroyed by fire; the elements, or any other cause, this lease shall cease and become null and void from date of such damage or destruction and Tenant shall immediately surrender premises to Property Manager and shall pay rent only to time of such surrender. If premises shall be damaged by fire or other cause so as to be capable of being repaired within a reasonable time, which damage was not caused by the actions or neglect of the Tenant, the lease shall continue in effect, and Property Manager shall repair the same and during time that repairs are being made Property Manager shall remit to Tenant a just and fair portion of rent according to nature of damage sustained and according to extent that Tenant is deprived of use of premises. 25. Notices. Notices and demands by either Property Manager or Tenant maybe given by regular mail with prepaid postage addressed as such: To Property Manager at: 1202 Montrose Circle, Mechanicsburg, PA 17050. To Tenant at the address of the premises listed above ... unless either the Property Manager or Tenant designate by written notice a new address to which such notices or demands must be sent. a) If Property Manager must postand/or serve an eviction notice by mail to Tenant for breach of any of the terms of this lease or holding over. beyond the end of the term without paying further rent, Property Manager shall be entitled to a $15.00 notice fee from Tenant. b) Tenant is not a military service member, unless indicated otherwise in writing on the signature page of this lease, or by written notification to the Property Manager after commencement of this lease, Page 5 of 6 Tenant's Initials/~~~. e . 26. Binding nature. All the agreements, conditions and undertakings herein contained shall extend to and be binding on the representatives, heirs, executors, administrators, successors and assigns, of each party hereto. THIS IS A LEGAL DOCUMENT. 27. Performance not waived. Failure of Property Manager to insist on the strict performance of the terms, agreements and conditions. contained herein, or any of them, shall not constitute or be construed as a waiver or relinquishment of Property Manager's right to enforce any such terns, agreement or condition at another time or under different circumstances and these terms shall continue in full force and effect. 28. Grammatical changes Implied. Wherever the words "Property Manager" and "Tenant" are used herein they shall be read as "Property Managers" and "Tenants" in all cases where there is more than one Property Manager or Tenant and with necessary grammatical changes as if duly made herein. 29. Savings clause. If any provision(s) in this lease is deemed unlawful or unenforceable, said determination shall have no effect on the remaining provisions, which shall remain in full force and effect. 30. Recording. This lease may not be recorded in any public records. 31. Subordination: Tenant's interest in the premises shall be subordinate to any mortgages or encumbrances now or later placed on the premises, to any advances made under such encumbrances, and to any extensions or renewals of them. Tenant agrees to sign any documents required by Property Manager's lenders indicating this subordination. 32. Lead Disclosure. * Property Manager hereby states and TENANT HEREBY ACKNOWLEDGES that Tenant has been provided with afilled-in form entitled "Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards" and a copy of the EPA brochure "Protect Your Family from Lead in your Home" which are incorporated herein by reference. -fi( IN WITNESS WHEREOF, the parties have signed in agreement this ~ day of ~ ~ti.r-c~ , 200~y I Property Manager: / ; ~, Tcnanta~% ~~,~~~x~~~,(~~ i ,' Tenant: Tenant's initials on -each preceding page of this Lease indicate that Tenant has read each page; has had an opportunity to ask questions, and is in agreement with the terms. Attachments: Lead Disclosure Form; Renter's Insurance Addendum Tenant has received and read the Lead Disclosure statement documentation. Page 6 of 6 Tenant's Initial e- ,~ CERTIFICATE OF SERVICE I, Daniel Deitchman hereby certify that on this 20th day of February, 2007, I served a copy of the foregoing Answer, New Matter and Counterclaim on the Plaintiff, Susan Bates, by postage-paid First Class U.S. mail, addressed to 57 S. 39th Street, Camp Hill, PA 1701 1. .-s - ~ 7 ~'` ~ CJ C_. ~ -n F ~~ J ~ ~t !T'i ~~ r - ': ~ .. ~~ ~i f-a z~ C;'~ --G i °~. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSAN BATES, NO: 07-431 CIVIL vs. DANIEL DEITCHMAN NOTICE You have been sued in court. If you wish to defend 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 an 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 relief requested by the counterclaim 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY ALSO BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIBIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3165 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propeidad u otros derechos importantes Para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO,.LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PORVEERLE INFORMACION A CERCA DE COMO CONSEQUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3165 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSAN BATES, : NO: 07-431 CIVIL vs. DANIEL DEITCHMAN AMENDED ANSWER; NEW MATTER AND COUNTERCLAIM Now comes Daniel Deitchman, Defendant, pro se, and replies as follows to the Complaint dated as of 1/26/07 filed by Susan Bates in the above-captioned matter: 1. Denied. Proof demanded. By way of further reply, Defendant has set forth the facts of Ms. Bates' former tenancy in an apartment building owned by Defendant in aproperly-paragraphed format in the Counterclaim below. The remainder of Ms. Bates Compliant, particularly alleged facts concerning water leaks and the prior landlord, are entirely irrelevant and the Complaint itself is impossible to address in a pleading format conforming to local and Pennsylvania Rules of Civil Procedure. NEW MATTER 1. The Complaint fails to state a claim upon which relief can be granted. 2. The Complaint fails to specify a demand for damages. 3. The Complaint does not comply with local and Pennsylvania Rules of Civil Procedure. 4. The Complaint contains allegations that are based on inadmissible parole evidence. 5. The Complaint contains allegations that are wholly irrelevant to a contract action. 6. The Complaint contains allegations that are exaggerated and inflammatory. 7. The Complaint contains allegations that are untrue or false. 8. Defendant was not formally served with the Complaint. 9. Plaintiff did not provide Defendant with proper notice of his rights associated with the Complaint against him. WHEREFORE, Defendant requests that the Complaint filed in the above-captioned matter be dismissed with prejudice. ALTERNATIVELY, Defendant requests that Plaintiff be required to re-file her Complaint in accordance with local and Common Pleas Rules of Civil Procedure and effectuate formal service of the Amended Complaint upon Defendant. COUNTERCLAIM 1. Susan Bates, an individual residing at: 57 S. 39~' Street, Camp Hill, Cumberland County, Pennsylvania, was the Complainant and Cross- Defendant in an action filed in District Court 09-3-04, at Docketed at CV- 0503-06. 2. Daniel Deitchman, an individual residing at: 1202 Montrose Circle, Mechanicsburg, Cumberland County, Pennsylvania, was the Defendant and Cross-Plaintiff in the action referenced in paragraph 1 above. 2 3. Susan Bates previously resided in a residential apartment building owned by Daniel Deitchman located at 320 Shady Lane, Apt. #5, Enola, Cumberland County, Pennsylvania. 4. The parties hereto signed a written lease dated June 8, 2005, calling for rent of $595.00 per month from July 1, 2005 through June 30, 2006 and an acknowledged security deposit in the amount of $495.00 carried over from the prior landlord of 320 Shady Lane. A true and correct copy of said Lease is attached hereto at Exhibit "A." 5. Paragraph 4(b) of the lease provided that it was "Terminable by thirty (3Q) days notice and payment of break-lease fee by Tenant." Specifically, the lease provided that Ms. Bates could "cancel before the expiration of the lease by giving written notice of such cancellation at least thirty (30) days in advance of the date of such cancellation and said written notice must be accompanied b ty tl~ayment of a cancellation fee equal to one month's current rent plus the payment of the rent due for the last month of occupancy" 6. Ms. Bates did not provide at least thirty days written notice of her intent to vacate Apt. #5 prior to expiration of the annual term. 7. Ms. Bates did call Mr. Deitchman near the end of August, 2005 indicating an intention to move out, but no written notification was provided to Mr. Deitchman of when Ms. Bates would vacate the apartment. 8. Ms. Bates made a partial rent payment for the month of September, 2006 in the amount of $393.00 on or about September 6, 2005. 9. Ms. Bates vacated Apt. #5 on or about September 18, 2005. 3 10. Ms. Bates mailed a letter to Mr. Deitchman dated September 30, 2005 with her new address and requested a return of her security deposit. 11. Mr. Deitchman replied with a letter dated October 10, 2005 accounting for the security deposit as applied to damages and outstanding amounts owing, including the "break lease" fee, totaling $908.00 over and above the security deposit. 12. Ms. Bates filed an action in Magisterial District Court 09-3-04 for return of the security deposit on or about August 15, 2006. 13. Mr. Deitchman filed an answer and across-claim for the outstanding amount owed to him after application of the security deposit. 14. In addition to the break-lease fee and the remainder of rent owing for September, Mr. Deitchman claims the following amounts of damages associated with Ms. Bates' tenancy, which were listed in his October 10, 2005 letter to her: a): failure to shampoo the carpeting upon vacating the apartment: $95.00; b) replacement of damaged carpeting: $350.00 c) patching/repair of walls: $125.00. 15. Paragraph 5(b) of the lease provides that "Tenant is required to have any and all carpeting in the premises professionally shampooed upon move-out...." 16. Tenant did not have the carpet professionally cleaned upon move-out. 17. Much of the carpet had to be removed and replaced as a result of pet damage upon Ms. Bates' move-out. 4 18. Paragraph 5 of the lease also provides Mr. Deitchman with the right to withhold the security deposit for costs or expenses which maybe incurred as a result of the tenant's default or damage to the premises. 19. The damages to the apartment and costs associated with Ms. Bates' breaking the lease exceeded the security deposit amount by $908.00. 20. Mr. Deitchman made a lawful and timely demand for the damages owed and an explanation of why the security deposit was not being returned to Ms. Bates. 21. Ms. Bates has not made any payments to Mr. Deitchman subsequent to the partial rent payment of $393.00 on or about September 6, 2006. 22. Mr. Deitchman is entitled to reimbursement of costs of enforcement in the amount of attorneys' fees and costs in accordance with paragraph 19 of the lease. 23. Mr. Deitchman is entitled to retain the $495.00 security deposit as a credit toward the following amounts and be entitled to recover the following amounts from Ms. Bates, less the security deposit: a) $238.00 -remainder of September, 2006 rent and tenant's share of utilities. b) $595.00 -break-lease fee c) $95.00 -cleaning/shampoo of carpets d) $350.00 -carpet replacement e) $125.00 - patching/repair of walls fj $250.00 -attorney fees 5 For a total amount owing of $1,108.00. Respectfully submitted, By: Daniel Deitchman, pro se 1202 Montrose Circle Mechanicsburg, PA 17050 (717) 303-0339 Dated: ~ 2 ~ ~ By and between: "Owner and/or Property Manager," Daniel and/or Jennifer Deitchman AND "Tenant(s)," Susan M. Bates 1. Rental Premises and Initial Term of Lease a) The .premises are located at: 320 Shadv Lane Aaartment 6, Enola, PA 17025 b) This lease is for an initial term, beginninE July 1, 2005 and ending June 30, 2006, unless sooner terminated as provided below. 2. Rent Payments a) The rent for premises shall be $595.00 pct month. Monthly rent payments are due to be received on the first (1") day of each month during the term of this lease and any extensions thereto, by tendering payment to the office of: Daniel Deitchman 1202 Montrose Circle, Mechanicsburg, PA 17050, or any other name or address Property Manager may substitute by providing written notice to Tenant. i) If the first day of the month falls on a Sunday or a federal holiday, rent shall be due on the first business day following the 1" of the month. ii) If rent is not received on or before the third (3rd) calendar day following the due date, a late charge of 5% of the full monthly rent payment will be immediately due, plus an additional $5.00 per day for each day thereafter beginning.on the 5`~ of the month until the rent, with all late chazges, is received as fully paid to date. iii) If Tenant's check is returned for insufficient funds or otherwise fails to clear the bank, Tenant maybe charged $20.00 plus any accrued late charges as described above until payment has been fully made. Property Manager may then requiro that Tenant's future rent payments be made by certified check, cash, or money order. 3. Terms of renewal. At the expiration of the lease term, this lease shall btautomatically extended for another one year term; the amount of rent maybe adjusted by the Property Manager upon 30 days' written notice to the Tenant, and all other terms of this lease shall remain the same, provided neither Tenant nor Property Manager provide the other with thirty (30) days written notice of intention to terminate or refuse to renew the lease, and provided Tenant is not in default in performance of the terms and conditions of this lease. 4. Termination other than at end of term. Events which may cause termination of this lease, other than expiration of its duration aze: a) Terminable on breach. The lease maybe terminated by Property Manager in the event of the breach of any of the agreements of lessee contained herein, including failure to pay rent within three (3) days of the due date, in which case Tenant's right to occupy the premises shall immediately terminate. TENANT HEREBY WAIVES THE RIGHT TO FIFTEEN (15) DAYS NOTICE PROVIDED BY 68 Pa.C.S. § 250.501(b) AND AGREES THAT FIVE (5) DAYS NOTICE OF TERMINATION FOR BREACH OF LEASE SHALL BE SUFFICIENT. b) Terminable by thirty'(30) days notice & payment of break-lease fee by Tenant. Tenant may cancel before the expiration of the lease by giving writt n notice of such cancellation at least thirty (30) days in advance of the date of cancellation and said written Page 1 of 6 'tenant's Initials: `~!~~I ~. 1~ j/ /r notice must be accompanied by the payment of a cancellation fee equal to one month's current rent plus the oavment of the rent due for the last month of occupancy. 5, Security Deposit. Property Manager hereby acknowledges receipt of a security deposit in the amount of 495.00 as security for payment of rent and faithful performance by Tenant of all terms, conditions and agreements of lease, as well as to indemnify Property Manager for any costs or expense to which Property Manager may incur by reason of any default by Tenant or damage to the premises. If payment of security deposit is made by check, it must clear into the Property Manager's bank account prior to the commencement of lease or delivery of keys to Tenant. a) If Property Manager holds the security deposit for more than two years under the terms of this lease and any extensions hereof, Property Manager agrees to credit interest to Tenant on the security deposit at the average rate of interest paid by the banking institution in which the funds have been held minus any lawful administrative fee then in effect, beginning after the second anniversary of the deposit of the escrow funds with Property Manager. b) Property Manager agrees to repay Tenant the security deposit amount plus any credited interest, less any documented damage to the premises or its contents or unusual charges incurred as a result of Tenant's occupancy of the premises, or unpaid rent or fees, within thirty (30) days of the expiration of the tenancy, provided that all of the terms, conditions and agreements of the lease (including notice provisions) shall have then been fully complied with by Tenant and that Tenant has provided Property Manager with written notice of their new or forwarding address prior to their vacating the apartment. In addition Tenant is required to have any and all carpeting in the premises professionally shampooed upon move-out; Property Manager ,may withhold the reasonable cost of professional carpet cleaning from the security deposit upon move-out. c) If, during the course of Tenant's occupancy of the premises, the security deposit is caused to be reduced due to damages or unusual charges associated with maj or repairs to the premises, then Property Manager shall have the right to demand replenishment of the security funds expended. Replenishment is due and payable with the next month's rent and in any event no later than thirty days after written request for replenishment of security deposit. Failure on Tenant's part to replenish the security deposit in accordance with these terms shall be deemed a breach of this lease. d) No portion of the security deposit will be released to any Tenant unless and until all Tenants to this leasE have vacated the premises. 6. Utilities and public services. Tenant agrees to pay all utility and service charges related to the premises beginning with the commencement of the lease. except those which the Property Manager shall pay as indicated (Property Manager-supplied items indicated by an "O" below): T electricity T heat T water T _ cable TV T sewer ($18/month)* T~ telephone T trash ($18/month)* * Sewer and trash fees are to be paid directly to Property Manager at the same terms as rent under this lease. This fee is waived for the initial term of the lease. 7. Appliances and Laundry facilities. Kitchen appliances, laundry equipment, etc., are for the convenience of the Tenant and Tenant accepts them in as-in condition upon commencement of the lease. Tenant runs the risk of any malfunction or break-down of the appliances supplied with the apartment. If a malfunction or break-down occurs, Property Manager will remove the malfunctioning unit from the apartment, but it is Tenant's responsibility to replace, the appliance for Tenant's own use, which replacement appliance will remain Tenant's property upon expiration of the lease.. Page 2 of 6 Tenant's Initials: 8. Parking. If there is on-site private parking; each Tenant named on this lease shall be allowed one (1) parking space and is responsible for keeping the ground around the vehicle and between the building and the vehicle clear of ice and snow in the winter. On street parking applies. a) Tenants may not have any unregistered or inoperable or disassembled vehicles parked on or near the premises, b) Tenants may not allow oil ar other fluids associated with vehicle use, other than water, to leak onto the parking areas. 9. Use of premises. Tenant agrees to use and occupy the premises for residential (or storage) purposes only and to not use premises for.any unlawful purpose or purpose deemed extra hazardous or that shall cause a nuisance to the neighbors. Tenant shall not create any environmental hazards on the, premises nor any other conditions which shall cause Property Manager's insurance rates to be increased. Basements are not to be used as living or sleeping quarters, 10. Assignment or subleasing by Tenant prohibited, Tenant may not assign this lease nor sublet the premises or any portion thereof, nor take on any roommates or additional Tenants not named on this lease without prior written consent of Property Manager. 11. Occupancy. The premises shall not be occupied by anyone who is not named on this lease. If Tenant takes on additional roommates with Property Manager's consent, Tenant's rent will automatically be increased by $60.00 per month per person and landlord may require the additional roommate to sign on as a co-Tenant to this lease or any renewal thereof. 12. Compliance with laws and rules. Tenant agrees to observe and comply with all rules, regulations and laws .now in effect or which maybe enacted during the continuance of this lease by any municipal, county, state or federal authorities having jurisdiction over the premises, and to indemnify Property Manager for any damage caused by violation thereof. In addition, Tenant agrees to: ~a) keep noise to a minimum so as not to disturb neighbors. b) not. clutter the yard, porches, sidewalks, vestibules, stairways or other common areas with debris, household items, boxes or unsightly objects. c) use the common sidewalks, porches, vestibules, stairways, entrances, laundry facilities and halls for ingress and egress only to and from the premises and not to loiter nor smoke in these areas. d) Deposit trash and recyclable materials in the receptacles provided and maintain the premises in a good and sanitary condition. e) Not harass the neighbors or Property Manager. Non-emergency telephone calls to Property Manager between the hours of 9:00 p.m. and 8:00 a.m. shall be deemed harassing. f) Not to use any heaters, fixtures, or appliances drawing excessive current alone or in combination with other electronic items on the same circuit. No kerosene heaters are allowed on the premises and space heaters must be pre-approved by Property Manager. 13. Pets. Tenant shall not be allowed to maintain any cats, dogs or reptiles on the premises. If Property Manager finds a pet on the premises in violation of this lease, Property Manager may institute eviction proceedings as provided by raw or charge an immediately due and payable $25,00 per month pet premium per animal as additional rent under this lease until the pet has been removed from the premises. (Fish in tanks of 10 gallons or less and small mammals such as gerbils or hamsters are allowed; no birds and no reptiles are allowed). 14. Condition of premises, Tenant has examined and knows condition of premises, and has received same in good order and repair, except as otherwise specified in this lease, and no representations as to condition or Page 3 of 6 Tenant's Initials: '~ repair thereof have been made by Property Matiager or Property Manager's agent, prior to, or at execution of, this lease. Tenant agrees to keep the premises in as good repair as they found it at the beginning of the lease, except for reasonable wear and tear arising from the use of the premises over time. a) Minor Repairs. Minor repairs (such as blocked toilets or pipes) and replacements of wear items (light bulbs, faucet washers etc.) are the responsibility of the Tenant. The Property Manager will provide Tenant with contact information in case of major repairs or emergencies. b) Plumbing. No grease, coffee grounds, sanitary napkins, or smoking materials shall be ..,placed in drains or toilets. Plumbing repairs, necessitated by Tenant carelessness or .neglect shall be at the expense of the resident. c) Smoke detectors. Tenant is responsible for providing smoke detectors, for keeping them operational and changing the battery when needed. Property Manager may inspect the premises for functioning smoke detectors, but is not obligated to do so. IS. Alterations and Improvements. Tenant shall make no alterations to the property without the written consent of the Property Manager. All fixtures erected in or attached to premises by Tenant maybe removed by Tenant at the termination of this lease, provided (a) Tenant shall not then be iri default in the performance of any of the agreements herein, (b) that such removal shall not permanently injure the building, and (c) that removal shall be made before the expiration of this lease or any extension thereof. All fixtures, improvements or alterations not so removed shall become the property of the Property Manager. 16. Right of entry. Tenant agrees to permit Property Manager and Property Manager's agents to enter on the premises or any part thereof, at all reasonable hours upon prior notice, for purpose of examining or• showing the premises or making such repairs or alterations as maybe necessary for safety or preservation thereof; also to permit Property Manager to place on premises notice of "For Sale" and "For Rent" and not interfere. with such notices. Tenant waives the right to demand prior notice of entry in the event of an emergency or threat of imminent damage to person or property within or in relation to the premises. a) If Tenant does not renew the lease term, or provides Property Manager with notice that Tenant intends to vacate, Property Manager shall have the right to show the•premises to prospective Tenants at reasonable weekday and weekend hours (between 9 a.m. - 8:00 p.m.) during the last thirty (30) days of the Tenant's occupancy. Property Manager will attempt to call Tenant to provide notice of such showings, but Property Manager shall be allowed to enter under these circumstances if Tenant cannot be reached by phone. 17. Lock-out. If Tenant gets locked out and calls the Property Manager to be let in the premises, the • Property Manager or Property Manager's agent (other than a locksmith) shall be entitled to an immediate payment of a lockout fee of $35.00. If Tenant is locked out more than three (3) times in a twelve month period, said fee shall be $50.00 for each additional lockout call Property Manager must respond to. Tenant likewise agrees to pay any charges associated with the services of a locksmith resulting from a lockout. a) Tenant agrees not to change the locks without Property Manager's prior written permission and Tenant is responsible for providing Property Manager with a key copy at the time the locks are changed. 18. Insurance and Waiver of Liability. Property Manager shall not be liable for any damage, loss or injury to persons or property occurring on the premises. Property Manager shall not be liable to Tenant or Tenant's guests for any damage caused to person or property, by water, rain, snow, ice, sleet, fire, storms and accidents, or by breakage, stoppage or leakage of water, gas, heating, and sewer pipes or plumbing upon, about or adjacent to premises. a) Renter's Insurance Addendum. Property Manager hereby states and Tenant hereby acknowledges that Tenant has been provided with a Renter's Insurance Addendum which shall be incorporated into this lease. Page 4 of 6 Tenant's Initials: b) Waterbeds. No water filled furniture is to be used on the premises without obtaining Property Manager's prior written permission, which will be withheld unless proof of suitable insurance coverage is provided. 19. Costs of enforcement. Tenant agrees to pay-all reasonable costs, attorneys' fees, and expenses that shall be made and incurred by Property Manager in enforcing the agreements of this lease or for default and the actual.costs of collecting money owed if Property Manager is successful in enforcing the same. Property Manager may retain Tenant's security deposit as liquidated damages, but may also seek recovery of any additional amounts owed. 20. Joint & Several Liability. This legal. term applies to this lease which means that each and every Tenant . maybe individually responsible for the provisions contained in this lease. For example, amove-out of one Tenant during the lease term does not release him or her from the obligations herein. Likewise, one Tenant may be held responsible for the breach by another. 21. Abandonment. If Tenant shall abandon or vacate the premises, they maybe relet by Property Manager for such rent and on such terms as Property Manager may see fit; and, if a sufficient sum shall not be thus realized, after paying all expenses of such reletting and collecting to satisfy the rent hereby reserved, lessee agrees to satisfy and pay all deficiency. a) Abandoned Personal Property of Tenant. By signing this Agreement,. Tenant agrees that upon surrender, abandonment, or move-out, Property Manager shall not be liable or responsible for storage or disposition of Tenant's personal property. 23. Holding Over. If Tenant shall continue to reside in the premises after the- expiration of the term of the lease; without. paying applicable rent, it shall be deemed an unlawful tenancy and Property Manager may evict Tenant. as set forth above and claim any damages allowed by law or the terms of this lease, including attorneys' fees, court costs, and costs of collection, in conjunction with said eviction. 24. Destruction of Prerntses. If during the term of this lease the premises shall be destroyed by fire, the elements, or any other cause; this lease shalt cease and become null and void from date of such damage or destruction and Tenant shall immediately surrender premises to Property Manager and shall pay rent only to time of such surrender. If premises shall be damaged by fire or other cause so as to be capable of being repaired within a reasonable time, which damage was not caused by the actions or neglect of the Tenant, the lease shall continue in effect, and Property Manager shall repair the same and during time that repairs are being made Property Manager shall remit to Tenant a just and fair portion of rent according to nature of damage sustained and according to extent that Tenant is deprived of use of premises. 25. Notices. Notices and demands by either Property Manager or Tenant maybe given by regular mail with prepaid postage addressed as such: To Property Manager at: 1202 Montrose Circle, Mechanicsburg, PA 17050. To Tenant at the address of the premises listed above ... unless either the Property Manager or Tenant designate by written notice a new address to which such notices or demands must be sent. a) If Property Manager must post and/or serve an eviction notice by mail to Tenant for breach of any of the terms of this lease or holding over. beyond the end of the term without paying further rent, Property Manager shall be entitled to a $15.00 notice fee from Tenant. b) Tenant is not a military service member, unless indicated otherwise in writing on the signature page of this lease, or by written notification to the Property Manager after commencement of this lease. Page 5 of 6 Tenant's Initials/~~-. 26. Binding nature. All the agreements, conditions and undertakings herein contained shall extend to and be binding on the representatives,'heirs, executors, administrators, successors and assigns, of each party hereto. THIS IS A LEGAL DOCUMENT. 27.1?erform~ance not waived. Failure of Property Manager to insist on the strict performance of the terms, agreements and conditions contained herein, or any of them, shall not constitute or be construed as a waiver or relinquishment of Property Manager's right to enforce any such term, agreement or condition at another time or under different. circumstances and these terms shall continue in full force and effect. 28. Grammatical changes implied.. Wherever the words "Property Manager" and "Tenant" are used herein they shall be read as "Property Managers" and "Tenants" in all cases where there is more than one Property Manager or Tenant and with necessary grammatical changes as if duly made herein. 29. Savings clause. If any provision(s) in this lease is deemed unlawful or unenforceable, said determination shall have no effect on the remaining provisions, which shall remain in full force and effect. 30. Recording. This lease may not be recorded in any public records. 31. Subordination. Tenant's interest in the premises shall be subordinate to any mortgages or encumbrances now or later placed on the premises, to any advances made under such encumbrances, and to any extensions or renewals of them. Tenant agrees to sign any documents required by Property Manager's lenders indicating this subordination. 32. Lead Disclosure. * Property Manager hereby states and TENANT HEREBY ACKNOWLEDGES that Tenant has been provided with afilled-in form entitled "Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazazds" and a copy of the EPA brochure "Protect Your Family from Lead in your Home" which are incorporated herein by reference. --c ~-( IN WITNESS WHEREOF, the parties have signed in agreement this ~ day of ~' ~irv~ , 200~~" 1 . Property Manager: / ,,~ Tenant. % / -;~~L ~ ~5~1 ,~ Tenant: Tenant's initials on each preceding page of this Lease indicate that Tenant has read each page; has had an opportunity to ask questions, and. is in agreement with the terms. Attachments: Lead Disclosure Form; Renter's Insurance Addendum Tenant has received and read the Lead Disclosure statement documentation. Page 6 of 6 Tenant's Initial CERTIFICATE OF SERVICE I, Daniel Deitchman hereby certify that on this 26th day of February, 2007, I served a copy of the foregoing Amended Answer, New Matter and Counterclaim on the Plaintiff, Susan Bates, by Certified First Class U.S. mail, addressed to Susan Bates at 57 S. 39th Street, Camp Hill, PA 17011. ~4~_ 7 r'"Z ~' CJ ~-= ~ m K~~ ~ ~"r` + Jr. 4 . ~..r"1 r ~' '` ^^ i ~ ~. w ~~ V ` { - ~ •~- ri ~ ~''!7 ~ ' -rr~ ~ ~;` 'i ~"' {_.3 '~ ~ ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSAN BATES, Plaintiff, Counterclaim Defendant No. 07-431 CIVIL vs. DANIEL DEITCHMAN Defendant, Counterclaim Plaintiff PRAECIPE FOR DEFAULT JUDGMENT PROTHONOTARY: Please enter judgment in favor of Counterclaim Plaintiff and against Susan Bates, Counterclaim Defendant, for lack of an Answer. Assess Damages as follows: $495.00 Security Deposit $1,653.00 Damages & attorney fees less $50 pro-rata rent credit $1,108.00 TOTAL I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I further certify that written notice of the intention to file this Praecipe was mailed to Susan Bates (who does not have an attorney of record), after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A copy of the notice is attached, R.C.P. 237.1. i e eitchman, Esq. orney for Counterclaim Plaintiff Atty. ID # 72779 1202 Montrose Circle Mechanicsburg, PA 17050 (717)303-0339 .~ r ~, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSAN BATES, Plaintiff, Counterclaim Defendant No. 07-431 CIVIL vs. DANIEL DEITCHMAN Defendant, Counterclaim Plaintiff AND NOW, this day of April, 2007, judgment is entered in favor of Counterclaim Plaintiff and against Counterclaim Defendant, by default for want of an answer and damages are assessed at the sum of $ certification. as per the above Cumberland County Prothonotary IN THE COURT OF COMMON PLEAS SUSAN BATES, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff & Counterclaim Defendant NO. 07-431 CIVIL Vs. DANIEL DEITCHMAN, Defendant, Counterclaim Plaintiff To: Susan Bates, 57 S. 39`s Street, Camp Hill, PA 17011 Date of Notice: March 29, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE AN ANSWER IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3165 ..a ~ ~ ru ..o ... ..- A r- ~ P~etage `~ O Certlfted Fee ~ ~ arum Receipt Fee (En raemerd Required) O Restricted Deilvery Fee ~ (Endorsement Required) ~ Total Postage & Fees ~1. ~i . I ~ ~~.~4 1 ~,'^ r`)~ ~.~~kt Here /r ~ I { ~,r`3~f2007 ..0 p ant To O N 3veer, Apt:7V-o:; ----------------------------------------------------------------------- or PO Box No. City, State, ZIP+4 ,~ By: Defendant /Counterclaim Plaintiff F ~ti .` N O C ~~ C? r. 4'S'} Y.,.. y'; Y' ra ~-^N' 1 t`J W h~ Y d -ri m~ `Y: ~ C~% _~ ~ ~'~ t"n