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HomeMy WebLinkAbout00-00178 .~^ , - ~" I~^:;; . R.L. SHEIBLEY CONSTRUCTION Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA v. CONSTANTINE N. GEKAS and IRENE A. GEKAS, his wife, Defendants - No. oXa3 -/7'6 ~ LandlordlTenant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dated: j / 5/11 By: .. ~, ' "._'~.L_.......:.. R.L. SHEIBLEY CONSTRUCTION Plaintiff v. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA ,;L(j-(r()- /7P ~ -r~ I I, I r; No. CONSTANTINE N. GEKAS and IRENE A. GEKAS, his wife, Defendants Landlord/Tenant COMPLAINT FOR RENT AND DAMAGES i b COMES NOW the above plaintiff, by R. L. Sheibley, its owner, by and through its cOlU1sel, Jerry A. Philpott, Esquire, and complains of the above defendants as follows: I. Plaintiff is an owner of real property known as 48 Bourbon Red Drive, Mechanicsburg, Pennsylvania 17055. 2. Plaintiff does business at and plaintiff's ownerresides at PO Box 117, Blain, Pennsylvania 17006. 3. Defendants were tenants at 48 Bourbon Red Drive, Mechanicsburg, until November 30,1999. 4. On information and belief, defendants now reside at 25 South 26th Street, Camp Hill, P A 17011. 5. On December 7, 1998, the plaintiff, by a written lease agreement with defendants, leased residential premises at 48 Bourbon Red Drive to defendants on a month to month basis for a rent of$2,000 per month, payable in advance on the 10th day of each month. A copy of the lease is attached as Exhibit A. 6. Defendants resided at 48 Bourbon Red Drive lU1til November 30, 1999. 7. Defendants did not pay the rent for July 1999. 8. Defendants did not pay the rent for August 1999. 9. Defendants did not pay the rent for September 1999. " ra __0 10. Defendants did not pay the rent for October 1999. II. Defendants did not pay the rent for November 1999. 12. The sum of$l 0,000 is still due and payable, despite demand, forrent for the aforesaid five months. 13. The lease (Exhibit A) required the defendants to maintain the premises in good repair and to surrender the premises in as good repair and condition as they were in at the execution of the lease, wear and tear excluded. 14. At the time defendants vacated the premises, they failed to surrender the premises in as good repair and condition as there were in at the execution ofthe lease, in that the damages to the premises listed on Exhibit B, which is incorporated herein by reference, were observed. 15. The fair and reasonable cost of repairing the damages listed in Exhibit B are as shown on Exhibit B and total $6,410.31. 16. Plaintiffhas made demand upon defendant for payment of the sum of$641O.31 for repair, but defendant has failed and refused and still refuses to pay the same or any part thereof. WHEREFORE plaintiff demands judgment against defendants as follows: (2) $6,410.31 forrepairs; an (1) (3) costs, including costs j) the district justice proceedings. Dated: January 5, 2000 Exhibits: A B Residential lease dated December 7,1998 List of damages and cost of repair ...........l".i.""..~""",_ I verify that the statements made in this complaint are true and correet. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. :1 i . i .d R. 1. Sheibley I verify that the statements made in this complaint are true and correct. I tmderstand that false statements herein are made subject to the penalties of 18 Pa.C.S.s 4904, relating to unsworn falsification to authorities. :1 ~~~~ Edith H. Sheibley :j . ~l.-..,"oo RESIDENTIAL LEASE THIS LEASE AGREEMENT, made the 7th day of December.l 998. , ,. , WITNESSETH: that R. L. Sheibley Construction ("Lessor") does hereby lease to Constantine N. and Irene A. Gekas ("Lessee") premises known and described as 48 Bourbon Red Drive, Mechanicsburg, Pennsylvania, on a month to month basis commencing December I, 1998, for the monthly rent of Two thousand dollars ($2,000.00) payable monthly in advance on the 10th day of each month at PO Box 117, Blain, P A 17006. Payment shall be made in the form of cash, cashier's check, or certified check. THIS LEASE SHALL BE IN DEF AUL T IF PAYMENT IS FIVE DAYS LATE. Time is of the essence of this agreement. , Ii :j l Ii !.~ f~ I' I PRlOR AGREEMENTS i; , , The parties agree that any and all prior agreements of the parties are null and void and of no effect. USE AND SUBLETTING [ I: [: i ~ " ~: Lessee shall not assign or sublet the leased premises or any part thereof for all or any part of the term of this lease, or occupy or use the same or any part thereof in any other manner than as a residence, without the Vvntten consent and. approval of Lessor. Lessee shall keep and, at the expiration of the term, peaceably deliver up the premises in the same good order and repair they are now, ordinary wear and tear excepted. TER.\IIl\A no" Either party may terminate this lease at the end of the term thereof by giving to the ,_'t::~~ \\Titten notice of his intention so to do at least ten days prior thereto but, in default of such ne,'i.:e. this lease shall continue upon the same terms and conditions from month to month until terminated by either party hereto giving to the ot.l].er ten days written notice prior to the expiration of the then current term. ADDITIONAL TERMS AND CONDITIONS As a further consideration for the use and occupancy of said premises Lessee hereby agrees to faithfully keep and be bound by the following covenants, conditions and agreements, viz: The premises are to be kept and maintained in as good repair and condition as at present and at the expiration of this lease. they are to be surrendered in like repair and condition. natural wear 1 , L , ~- III.,J. ~,~_ and damage happening by fire. storm or other casualties only excepted. The premises are to be kept in a clean and sanitary condition and all ashes or other garbage which may accumulate thereon during the term are to be removed, and in case of failure to remo,'c the same the Lessor may collect as rent due and arrears double the cost of removal; Lessee shall pay all utilities as defined in the next paragraph or the same may be collected by the Lessor as rent du~ and in arrears. The Lessee relieves the Lessor from all liability by reason of any damage to any person or property in or on the demised premises caused by the negligence of the Lessor, his agents, or any other person. " i "Utilities": Lessee is responsible for paying electricity, cable TV, water, gas, telephone, and any renter's insurance. Lessor shall pay any and all taxes, sewer fees and garbage collection fees. Nothing shall be done upon the premises contrary to the conditions of the policies of insurance upon the building thereon whereby the hazard may be increased or the insurance invalidated. The Lessor expressly reserves the right to enter upon the premises at reasonable times for the purpose of making necessary inspection, repairs or to show the same to prospective purchasers or lessees, and may display "for rent" or "for sale" cards thereon. The removal of any goods from the premises whether by day or by night. without the wTinen consent of the Lessor. shall be deemed a clandestine and fraudulent removal. If default shall be made in the payment of any part of the said rent after the same becomes due or in case of a breach or evasion or any attempt to break or evade any of the covenants or conditions of this agreement, the entire rent reserved for the full term of this lease remaining unpaid shall become due and payable at once. and at the same time the Lessor may forfeit and annul the unexpired ponion of this lease and enter upon and rep0S;;CSS the said premises with or \\it:~"t.: process oflaw and without giving any notice whatsoever. Acceptance by the Lessor of any of the said rent at any time afterthe same shall become C:'::. after default has been made in the payment thereof, or any failure to enforce any of the rights herein reserved to the Lessor, or any of tile penalties, forfeitures or conditiuns herein contained, shall not in any wise be considered a waiver of the right to enforce the same at any time without any notice whatsoever, and any attempt to collect the rent by one proceeding shall not be considered as a waiver of the right to collect the same by any other proceeding, but all of the rights of the Lessor and all forfeitures, penalties and conditions may be enforced together or successively at the option of the Lessor. It is further agreed that if the Lessee shall become insolvent, make an assignment for the benefit of creditors, commit any act of bankruptcy, file a voluntary petition in bankruptcy or ifany judgment shall be entered or any involuntary petition in bankruptcy filed against the said Lessee, all 2 , , ~ - -> I _~ ..........1 "'-'--'-! the rent reserved for the full term of this lease shall become due and collectible immediatdy hy distress or otherwise. And the Lessee hereby waives the usual notice to quit, and agrees to surrender said premises at the expiration of said term, or the termination of this lease without any notice whatsoever. And upon any proceeding instituted for the recovery of said rent, either by distress or otherwise. the s~iJ Lessee waives the benefit of all appraisement, stay and exemption laws, the right of inquisition on real estate, and all bankruptcy or insolvency laws now in force or hereafter passed. Lessor is not responsible for Lessee's personal contents or other items placed in or on the premises. Lessee shall obtain "renter's insurance" for personal property. PARTIES ROUND Each of the parties hereto intends to be bound by the terms hereof, and all covenants and conditions hereof shall bind and be available to the heirs, successors or personal representatives of each party and to the assigns of the Lessor. IN WITl'iESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and vear first above written. /. '.VttneS5 L&L (t ), --r6cu_ ~ (? ~', --?::-c tLL., \\ ---' , > QI' ~'-- \r.co (. C . _~I ,('l'Q- ~ R. L. Sheibley, for R. L. Sheibley Construction, Lessor /~ (fl-" Constantine N. Gekas, Lessee c::;) \ 'r- ".. \ \ C:::n '-t::::CAC+C\... \d-- "::::::::::Vt."i.., ~ ') -\ \ " ~[ ~.\\ I \ ~ . (/':;;; Irene A. Ge , Lessee 3 DAMAGES TO 49 BOURBON RED DRIVE AND FAIR AND REASONABLE COST OF REPAIR DECEMBER 20, 1999 Carpet Remove existing carpet 40 square yards at $17/s.y. $ 50.00 $ 680.00 $ 730.00 Dining Room Carpet Fix 24" x 24" area $ 45.00 Vinyl in kitchen floor $ 135.00 Vinyl in laundry area $ 135.00 Paint entire interior of house, 3000 square feet $ 3,000.00 Rear Deck Boards covered with grease from apparent use of gas grill $ 135.00 Garage Floor covered with oil from vehicles $ 1,016.00 Kitchen Center Island top needs repla~ed 4 foot patio door screen needs replaced Range burner pans need replaced Range top chipped $ 374.51 $ 118.32 $ 40.00 $ 150.00 $ 682.83 Hall Bath Hardware broken on vanity $ 10.00 Small Bedroom Switch covers missing $ 5.00 Master Bedroom Door bumper broken $ 5.00 Page I of 2 ~\'l'I'M'.'.' , ~ ~*',~~:~-,-_;:~\i: {t~: ;~t:~l Master Bathroom Shower and commode filthy and drywall needs repaired Rear Bedroom Switch covers need replaced Front Porch Paint stains on the brick need removed Rear Lawn Areas need re-sodded of approximately 80 square feet Locksmith fees I remote controls for garage door Total Page 2 of 2 ,. - $ 100.00 $ 5.00 $ 150.00 $ 110.71 $ 110.77 $ 35.00 $6,410.31 " N N ~C/J tl~tTl o '" ~ S' ;>:l a 'T::l ::: (") :r:: ;>:l '" n ..., ~ ~. '"'" ~ .-+- '-" 5 OQ ........... 8'i=ioo8::?> '"1 v V.l.;-' ~ 'T::l '*' f" ",,' "" ii>::;w;:t>""~ ~. 0\ 0 0- =:s N 00...... l 0../>....,..., tl:I 0"" ~ 00 N>< ...., 0_...., - 0\ 'Tj o ;>:l ~n ....,0 ~~ tl~ tlz ;:t>...., ~ o tn C/J -n ~~ tnC/J ?>;;; o;j tnZ ~tn C/J:Z: -;"'0 r:n. tT1 :;. ~ ~C/J , '" tl ::l '" 0- ~ ::l 0- gj - < ?' . . ?" r C/J :r:: tn - tl:I I'"" tn ><: n ~ C/J ...., ;>:l ""c: _n el. ...., ::l - _ 0 8i:Z: I'""n ;:t>- z< tlF I'"";:t> On E3;j ~o tnZ z: ~I'"" ....,;:t> ::E Z !=l -c- tnZ ;>:l...., ;>:l::c ><:tn nn 00 ~c: ....,?:J ><:...., ~ 0 -c"Tl tnn ~o C/J3:: -<:3:: ,0 <Z ;:t>-c Z, :;~ (/) t ~ (') .0 9. \S) c: U\ ~ <" 0 -ow . ~ - ,1 ~In ;r:... :_.:1 '\jCr, -.r:J:) ;;z nl:TI ~ V15= . ~ '\~ -'< . <::> -[11'n ~o :60 ~ C'\ I ~g " ,:;0,(') ~ :J; ::1:'" ~1 ;..).....) ~ t:" z~ ~ , ~ .. ~ ---J N ~ k l,,","".~..., ._, ,~ '\ " REYNOLD SHEIBLEY CONST., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-178 CONSTANTINE N. and IRENE A. GEKAS, his wife, Defendants LANDLORD/TENANT PRAECIPE FOR DEF AUL T JUDGMENT To The Prothonotary: Enter judgment in favor of the plaintiff and against the defendant above named for want of an answer, and assess the plaintiffs damages as follows: Amount claimed in plaintiffs complaint Costs claimed in plaintiffs complaint Interest from December I, 1999 to February 23, 2000 Total $16,410.31 164.50 228.86 $16,803.67 I certify that a written notice of intention to file this praecipe was mailed to the defendant against whom judgment is to be entered on February 1,2000 and received by defendant on February 3, 2000, by certified mail article mimbe 4 343 275, which is after the default occurred and at least 10 days prior to the date of filing 0 this praecipe. Dated: March 2, 2000 Judgment entered and damages assessed as above. k( (2d,;, / .~~ Z~ { Prothonotary ,I _ -"-",,,, '\ R.L. SHEIBLEY CONSTRUCTION Plaintiff IN THE COURT OF C~~~~~ ~V1; l FOR CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2000-178 CONSTANTINE N. GEKAS and IRENE A. GEKAS, his wife, Defendants Landlord/Tenant To: Constantine N. and Irene A. Gekas 25 South 26th Street Camp Hill, PA 17011 Date of Notice: January 24, 2000 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDMENT MA Y BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Dated: February 1,2000 C ntral Pennsylvania Legal Services 21 N. Front Street isburg, PA 17101 00-93200356 Lawyers' Referral Service 100 South Street PO Box 186 800-692-7375 I ,. , '. () o , Z 074 343 275 us Postal SalVice Receipt for Certified Mail No Insurance Coverage Provided. ~ 00 not use for Intemationw Man See reVBfS8 to llO-Al4.P-t It<u'<::- W~ ~~N~~;;;tIo-l.!1 SiN Pfj .It.~~ cOPA $ }70 II 3"3 ,. <to Postage Certified Fee Speciel Delivery Fee U) C> C> ~ I . d-::' ZO L 7 L L .. ~. .; HI4HJ'l: "; 0 C<)mplete items 1 and/or 2 for additional services. cu CClmplete items 3, 4a, and 4b. ~ 0 Print your name and address on the reverse of this form so that we can return this ~ ca.rd to you. ! 0 Attach this form to the front of the mailpiece, or on the back if space does not is. PElrm~. :5 0 Write' "Return Receipt Requested" on the mailpiece below the article number. c 0 The Return Rece'pt will show to whom the article was delivered and the dale o d~livered. i 3. Ai1t:JIe Addressed to: i C'.o~~ t-rf-l.~ ~~ 8 ;)..f; Sov-'+h (),(g..ft'S-lr-ed- {l()../}f M.:- It I fA 1701 ( I also wish to receive the follow. ing services (for an extra fee): ai u 'S;" li III a 'm u GI' 0: ~ :;: 'dl 0:1 ",I ~I .~ ~, !i! ~, g.: ...: ~ ,"' .c! ....' 1. 0 Addressee's Address 2. 0 Restricted Delivel'}( 4a3lcc?tlf' 3'-13 4b. Service Type o Registered o Express Mail o Return Receipt for Merchandise -.27 ~- kf Certified D Insured DeOD ~ g. .. ~- ,j 'K') . t DO'memic Return R 102595-99-8-0223 RS F."" B~11 ,1jl~Ejm~er i994 ~' .lilltlli'JCllllf"'r . "~-""""""""IIiIi!ll!illWldlU '0 ,.."..,,--,., .. - , t p ~ ~ ~ ~ (") a ~ c: 0 ':."". r ~f:ci :x ~ );;- q :;:-:) - ~ f in .... (,.) .-., ~ ~ '-0 ~tJ -n (~) I ~ '" ~;t:j' ~. ~ -- ., _Or] - $ ,..... '" ~ .-'"rl K ;2': ::< tr\ :.-:~) , .