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Home My WebLink About00-00352 -, ""- ,,C.' ,,-, , - ~ -- , . - '.' , . ~- __.-<._,-:",~I,~'_,'-:L""'- ",.,,,, ,,/'j REAGER, ADLER & COGNETTI, PC BY: LINUS E. FENICLE, ESQUIRE Attorney LD, No. 20944 2331 Market Street Camp Hill, PA l70ll-4642 Telephone: (717) 763-1383 Attorney for Plaintiff JAMES A. WILLIAMS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2000-352 TOM SHUTT, and JENNIFER MYERS, Defendants : CIVIL ACTION LAW COMPLAINT AND NOW COMES, Plaintiff, by and through his attorneys, Reager, Adler & Cognetti, PC, and makes his complaint as follows: .-.. J. Plaintiff is James A Williams, an adult individual with a mailing address ofP,O, Box 1921, New Kingstown, Peunsylvania. 2. Defendants are Tom Shutt and Jennifer Myers, adult individuals with an address of 4265 Valley Road, Enola, Pennsylvania, 3. Plaintiffleased the residence known as 221 Pennsylvania Avenue, West Fairview, Pennsylvania to Defendants, 4. Defendants leased the property until August 30, 1999, at which time they vacated the property. !;1 . <0_ 'i. .,' ".; <=;.~, ~ I." ""j 5, The lease was pursuant to a written agreement which is attached hereto and marked as Exhibit "A". 6, On or about September 29, 1999, Plaintiff forwarded a letter to Defendants informing them of the damages to the residence at 221 Pennsylvania Avenue, which damages totaled $1,757.52, A copy of the letter requesting payment from Defendants is attached hereto and marked as Exhibit "B", 7. The Defendants are responsible for the cost to repair the damages to the premises since they are not due to ordinary wear and tear. WHEREFORE, Plaintiff demands judgment against Defendants individually and jointly in the amount of $1,757.52 together with his costs and interest herein. Respectfully submitted, Date: J. ~/p1J INUS E. FENI LE, ESQUIRE Attorney I.D. No. 20944 2331 Market Street Camp Hill, P A 170 II (717) 763-1383 Attorneys for James A Williams -2- 'I --M-,I;:, VERIFICATION I, LINUS E. FENICLE, attorney for James A Williams, who is currently out of the country, hereby verifY that the averments of the foregoing pleading are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. s4904, relating to unsworn falsification to authorities. Date: JiJ/t1tJ :eInUS E. Fenicle, Attorney for Plaintiff, James A Williams .,~ , C' t_'. , , , ~, , , , ,.J , ,.~,+, .;-," , ;':,;..,:A NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, V AYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITAABAJO PARA AVERIGUARDONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 '.' -"~'----- - . "'-"~ .~., '~, "'~"S'.''''' ' ~.~, -"", ~""'f~'--"'~ PAINT. WALLPAPER PLUBlNO TOU PLBA8I'8 UI BRETZ'S CARPET SALES - SERVICE -INSTALLATION - FREE ESTIMATES Rt 34 & Drumgold's Corner SHERMANSDALE, PA 17090 (717) 582.7115 I....,) 19~ 340 4th Street WEST FAIRVIEW. PA 17025 17171732-1168 M \. ~'\ ( \ \.), . \\ ;., l' t~? TERMS DELIVERY SALESMAN OU"NTITY "RlIClE AND DESCRIPTION ',' ., III -< 7h,J, ~ PRICE TERMS:.... 30 o.,e 1...........,.... chg. (1'" MrM'ftJ on I*lclHlCCIOUftII. . ,_'~"~_'''''''-' 'c.... "_."'.....,_'._..'..__..,,..~.~.,.. , .. .~.r',..... ."~, ... .,.-. "~ . 1 ! -- .rt / 1 (/ . '-:--J-"~-:'< '- ~-: I I 1 . I I 1 , ~ . ~ I !1 I I I I i I I I I I i " , "" ie" . _ _ ,__' -_- .,-_-- - _ -J ".; l~ 'it,. _J~.."': I .1 -. W~ilDC>D""" ,'~.I, t' ,<:58; 4328056 4328056 -> REAGER ADLER & COGNETTI YOUNGS SEPTIC Page 3 PAGE 03 --....- j Jlt./.. '1111 ..., . . Central State Distributors, Inc. Mafllng Address: P.O. Box 60577 . Harrisburg, PA 17106-0577 Street Addrf!~S' 1400 Hagy Way. Harrisburg, I'A 11110 (717) 232.1033' Fax (717) 233.3387 INVOICE NO, N9105215 - A, I!-- N88078 Rental 1m TO 221 Penna. Ave. West Fairview, Pa. tIPper ricoI:' INSTALlAllON DATE SOLD TO Tony Williams P.O. Box: 1921 New Kingston, Pa. 17072 432-3514 CUST, , 24356 SHll'DATE ~ M1:IbI\ -t.'" rm.4$; Net - 10 ~.ACTOIiIT o~Dtll: IoK} CUSTOMIR 01"'1 NQ. ::':'" 1 White - 14S-RP371I I3rkt 9 o , , , , 7 : 0 . , , . , , due t physica a , I , , , , , , I , , . I , . , " , . I , , I , , 1 l/e 4 4 w Auto $443.00 Install -- old tenan o ALL rNV CE OV 30 D^VS 51 UE SEFMCE HA" E F ,5% WILL E A DE INVOICE ------- " - .1:;( ~ _:!:::;/,d,'"""cl.>""~:~~x-,_".;-,>"",'id~'=i,+i':""~",,H"_,",iiilii'l",~\."i'MIil"-~_.wJiIiMl~~~ - .I!I.,,_;BlI!'!iel./!!.AlIl ~~_--"",-...".,~.,~",.~[<f"'r"'."'lil~i:.j!"~','!'-*H"";>'!~~ljS,,.,,;.,j~~Ihf.",hjl"""'''"","''',-~~~",:''''''*,''''~II~I- . 'i 11 jUjU'- "'Ii""'.:..,,, ,-~,_"(.,, ------ "," .... COmMONWEALTH OF PENNSYLVANIA COURT Of COMMON PLEAS CUMBE~AND COUNTY JUDICIAL DISTRICT NOTICE OF APPEAL FROM 1-/9- d2. {J7.J"0 DISTRICT JUSTICE JUDGMENT .2 O-t)"1.J - 35 dl- ~ f-t-- COMMON PLEAS No. 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 dale and in the case mentioned below, NAME OF APPELLANT Tom Shutt and JenriiferMyers ADDRESS OF APPELL:ANT MAG. DIST. NO. OR NAME OF OJ, 09-1-02 CITY STATE ZIP CODE 4265 Valley Road Eno1a PA DATE OF JUDGMENT IN 'THE'CASE OF (Plaintfff) (Defendant) 12/22/99 James A. Williams ~ Tom Shutt and Jennifer ClAIM NO. LT 19 srGNATURE~ 0:L~~ ::s~o,~;;~ '. CV120000388-99 dL--vv,-":,r /'-, "dYLe This block will be signed ONLY when this notation is required under Po. R.C.P.JP. No. 1008B. This.Not;ce of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS ta the judgment for possession in this case. 17025 Signature at Prothonotary or Deputy If appellant was CEAIMAfrtr (seePa; HCP.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of ApPEAL. ft1yers 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. HCP.J.P, No, 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee), PRAECIPE: To Prothonotary Enter rule upon Jfulies A. Williams Name of appelleef 8) ,2111)"1). 35.2.. ~ r;,....,) within twenty (20) days afler , appellee(s), to file a complaint in this appeal (Common Pleas No. RULE: To James A. Williams Name of appe/lee(s) , appellee(s). Si ure of appellant or his attorney or agent Dennis R. Sheaffer, Esquire (1) You are ,ncitified,that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dale of service of this rule upon you..b)i-personal service or by certified or registered mail. .. (2) If you do not file,a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The dale of service of this rule if service was by mail is the date of mailing. Dale~jq i"~~ 0.,,,,-,- () Yh1~/~./ ,~ I Signature Pro onotary or Deputy COURT FILE TO BE FILED WITH .PROTHONOTARY AOPC 312-84 ") ~~-&"!W!J..li;;?,,; "'lJ' ,"~__,.'U" "..:'--,.'!'t' _-i'_:;-C,' ~'i -"H'~ .,,-m~~~!::.'HWIt4!;,,,-N"_',j: .'--t. .~ib', ",,,,,,-; _\''-'-'_-jOl''_~'F'" "-'-'e"c,j,lne~" h:,;~"_,';;)f,-!",,,-pJ,\;,~"~f;iwj~_<,\!, . ."",,o-,:sm_t~J ~~jliiltiL-liiIIIi~) .;- ..~ PROOF Of SERVICE Of' NOTICE OIF AI'PEA~ AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHiN FIVE (5) DA YS AFTER fliing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF _, 55 AFFIDAVIT: I hereby swear or affirm that I served o a copy of the Notice of Appeal, Common Pleas No. (date of service) _,____-'--, 19_, receipt attached hereto, and upon the appellee,.(name) , 19 _'__H_D -by personal service , upon the District Justice designated therein on D by personal service D by (certified) (registered) moil, __s,enr)er's , on D' by (certified) (registered) mail, sender's receipt attached hereto. o and further that I served the Rule to FUe a Complaint accompanying the above Not_ice of Appeal upon the. appellee(s_) t9 whom the Rule was addressed on .._.. , i9_, 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORI'l . (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 19_, SIgnatUre of affiant !!Hgnature Qf official tJ6!fore whom affidavit was made Thle of offldaJ My 8ommis5ion ..ires en , 1'--,-,-, - ,... - -.1 ~~ ^~~ C) 0> 0 c 0 "Tl -o~ t- .... "'" 'r _~.m Z ,<",., '::0 ~";F zr;::: -OR ~:i~ to :;..1,__ <::;b ,<D -0 :l::P ~O ::z:: .::;J--' zO >,0. ':? ....rn C 8 z C" ~ =< .r;- ~ '" Jf ~ ... \'-' CJ-\ ~ if, 2 RJ ~ '"' \, ~ t l f ~() t-- ~ "ll r~ -lJ(,J '0-0 l,,' , I:, . . ~ ~l 'IlIWJIfI.~ .' ... COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND T"'ph,"" (717.) 761- 0583 17011-0000 ,. NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'wILLIAMS, JAMES A I P.O.BOX 1921 NEW KINGSTOWN, PA 17072 L ~ VS. DEFENDANT: NAtv1E and ADDRESS !sHUTT, TOM, ET ':AI,. 4265 VALLEY Rb ENOLA, PA 17025 I Mag. Dist. No.: 09-1-02 OJ Name: Hon. ROBERT V. MANLOVE A"ce,,, 1901i,STATE STREET CAMP; HILL, PA TOM SHUTT 4265 VALLEY RD ENOLA, PA 17025 L Docket No,: CV- 0000388 - 99 Date Filed: 11/10/99 -I 'J\ . .:li THIS IS.TO NOtiFY YOl) THAT: Judgment: ..H [iJ Judgment was entered for: (Name) [iJ Judgment was entered against: (Name) FOR PLAINTIFF - --. .-,-". -~.',;.-". WTr.r.TlIMR. ,TlIMRR II RHT1'I'T. TOM in the amount of $ 1,O"l? ?? on: (Date of Judgment) 1 ? /?? /qq . . D Defendants are jointly and severally liable, D Damages will be assessed on: (Date & Time) D Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Amount of Judgment $ 950.00 Judgment Costs $ 82.22 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1.032.22 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ D This case dismissed without prejudice, D Levy is stayed for days or D generally stayed, D Objection to levy has been filed and hearing will be held: I ' '" Date: Place: Time: 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 0 :rH . NOTI E OF JU GM TITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. I certify that this is a tru JL-U-qr Date 1" Jl-2b crt Date My commission expires first Monday of January, AOPC 315,99 2000 . -:;.:. '.". ',.;, :">? . SEAL '':<:,r,.~'~'\ .~;,~' ...j,. ~> COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMB1Utt.~COUNTY JUDICIAL DISTRICT NOTICE OF APPEAL FROM / - / c; - ;( (rift.) DISTRICT )USTlCE .!UDGMENT ~(rtJ7.J ~ 35.2. ~ (~ COMMON PLEAS No. NOTICE OF APPEAL Notice is given thot the oppellont hos filed in the above Court of Common Pleas an appeal from ,the judgment rende~d by t~e District Justice on the date and in the case mentioned below. NAME OF APPELLANT .Tom Shutt and JenniferMyeil"~ ADDRESS OF APPELlANT CITY MAG. DlST,_NO.-OR NAME OF OJ. P9-1-02 STATE -;, ,r ZIP CODE .- ~r " 4265 Vahey o/'TE?F;J~ 12I22.t.9~.,. '. ClAIM NQ Road Enola PA 1~'_T}iECA&!=OF(Plaintiff) ~'H (Defendant). ,J~e~,~. Will.il!l!nls(' ....:>5.,flJcm Rh~tt an,d .Jenni.fer !1yers . -', ?::" SIGNATURE]F PELlANT. OR HIS. ATTORN~ ~~t~~ .' . . " CV 19.:!lfiOO~'IlR-qq ,0 <:::::/ _' J LT 19' .. ~ ~ l'icdPU'<'" ':.LA..-/0+fC. Th!sl>19j:\Ic....i1Il>~sig~ Q~.Yi.be,;'hi; ~~tation. IS req~iied under Po. R.cP J.P. No, '. 'lfIJP'peIlEk-ttwiis,GtJMMA (see Pi1,'1iiO,AiJ!P, No. loasa ",<-''- 8"J::: X,"':"_', ":c)~--;-::;c,:--,__ . ( '-'''~''_,', -, ',: ~ '. \ ' This Notice:Pf A~~~al, 'vih~l~;eived b,.,th~E1i,$icl' Juslice, will operate as a 1001 (61Jn Jlr;Jlgn ~foreVi€trict,/JJstic,e\he MUST SUPERSEDEAS Io.tljejud~ihent for possession in this case. FILE A'COMPtAf"ir'withiiJtWE1n~r2'6);VJayi'~tter " ," ' '-""0 filing his NOTlCEbf APi"EAL. " . ' ...." ,-. 17025 Signature of Prothonotary or Deputy l'i'.(' PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fOITTl to be used ONLY when appeffant was DEFENDANT (see Pa. HC.P.J.P, No, 1001(7) inlictionpeWe District Justice. ~ . -,ju~ IF NOT USED, delEch from copy of notice of appeal to be served upon appeffee), ., """ '1(.'2 PRAECIPE: To Prothonotary' , " ,-' ':,"/: '., 'il,;:,.: :-:. . appellee(s), to file a compiainl in this appeal Enter rule upon .T?imA~ n. ~ wi 1 1 ; nm~ Name of appe/lee(s) (Common Pleas No, d ("IF;)' -15'2. ~'J r.u-.) within twenty (20) days after RULE: To James A. Williams Name of appe/lee(s) . appellee(s). "'--- Si of appellant or his attorney or agent Dennis R. Sheaffer, Esquire (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 JUlDGMENT OF NON PROS WILL BE ENTERED AGAINST yOU. , (3) The date of service of this rule if service was by mail is the dale of mailing. DateO~ I q , Vi...;L1JTL} ~L" c. J I n-I,II~., ~~ . Signafure PrO onotary or Deputy , Aope 312-84 COURT FILE -"-";-',,': -A."""'<ijl:;f:-.~:~_'~'-\"l~,-'rf;;i':;'":':"-':~ r-- ! .~ ",,'; ~,<,;y,^ -":, PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILI:'"Q4IlPLAINf ,; ~ .': :'~~ -" 'l( " c .,- _ , - , -"\, '_ .~'- _ ' 0 ; _ _ c' " ,_ '. (This proof orSr3fVice'MIJST BE FILED WITHIN FIVE (5) DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEAL11i'OF PENNSYlVANIA COUNTY OF Cumberland ,sa AFFIDAViT: I hereby slNear-'br Cffirm that I served K1acapy,aftb~"f\l~t!ce'9ff\ppea",.camman Pleas No. 2000-352 Civil Terrq upon the Dist<ict Justicedesignatedlherei"n,,9n (date of service) January <<:0 , 19000, 0 by personal service .rn by (certified) (registered) mail, sender's receipt attached herela, and upon the appellee,,(~i1l!le) Jarii€s~A. ~.NilTiams' . C "" ..' ",,,' qn January 20 , IlJJ~D by personal service KJ by (certified) (registered) mail, sender's receipt attached hereto. i{J and furtheltii",', served th~ R~I;' to File a Compiai-;;;acc"mpanyi~gih;' "b"~"N"li~lfaf~.,.:;g;"n ~e cl~~ijih';'('Sn'" whamtheRulewas9~dresse<!-~, ~arl~~}O."".. .,' ,?9)OO ..UbypersanalservJ8~~if\~9ist~h" mail,\sender's receipt attached hereto.' ~ffi "'~ ",~';~e3 / './["z~:i;,}~ "'" i; ,'" ' .'I:~' '9 ,,"("' Dennis.~. hea f rr ". "."i~ AU..bmE\y,fori ApPeliL~,';"'a.!' i. -, ':,.")' - . ..j :..",;~,~., \:0 BEFORE ME ; "I9'2Qpo lIj~"".ftlant :::,; :L~~iJJr~made Not commission e~plres en fih. < '7 , ff;zg;O -'.!-;,(-' ; ;~ .,;) '_ 'c; ~,:~;' " 'cr' ..," "N01'ari~fS"al" , Cathleen A, Kahr, Notary Public Harrisburg, Dauphin County My Commission Exp"es Feb, 7, 2000 lnember, pennsylvania Association of Nolanas " ,\_~'\ :; 't r:~ .-..::..-1. ' .., "':.' ..1<: ':;1,,- ;_ -;f' " -',i -\-'. ~'~" ,'",--,-." 'I '"y ';';!i'~ 1,. .-" :',;'." d; ~/L ,:'{~ .;,j ."1',: 'C" , :,) c""';''',, ') -:d):" ';1';'-' {./; ,i . ,',(, , / ,,} f .' ~-- ~ P 016 240 539 ~ Receipt for Certified Mail to. No Insurance Coverage' Provided ~=a Do not use for International Mail tS~ Reverse) Sent to D.J. Robert V. Manlove SlIM! NState Street 170n $ P.O., State and ,zlPfOd' camp Hl.L , PA Postage Certified Fee Special _~Iivery Fee .- Return Receipt S m to Whom & Date .. C ~ ..., TOTAL Postage o &Fees I Postmark or Date E o u. U) .. -,.-,-",,,. ;;" P 016 240 481 ~ Receipt for . Certffied Mail " ... No Insurance Coverage-Provided ~ Do not use for International Mail _SDW:l! (5ee Reverse) Santto WI'LIAMS Street and No. 19 21 o BOX P.O., State and ZIP COdBOWN PA EW KINGST 1707 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee CD Return Receipt Showing CD to Whom & Date Deli Return Receipt Sh Date, and Addr .. c ~ .., TOTAL POStag o &Fees i Postmark or l'l E o u. U) .. !.J.. - .,,-.-"' ~ -, - , ~ <C^' ,~-"C-'" ;$ 'C .1! _~ -, ,_ >' ~_, "" . ,'" .;.1.,,:,"1,_""')" ~-,--. - , ........., REAGER, ADLER & COGNETTI, PC BY: LINUS E. FENICLE, ESQUIRE Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA l7011-4642 Telephone: (717) 763-1383 .., " Attorney for Plaintiff JAMES A. WILLIAMS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-352 TOM SHUTT, and JENNIFER MYERS, Defendants : CIVIL ACTION LAW NOTICE TO DEFEND 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (717) 249-3166 ':' 1-- . , "'~''''j CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class mail, postage prepaid and addressed as follows: Deunis R. Sheaffer, Esquire III N. Front St. Harrisburg,. PA 171101 Tom Shutt and Jennifer Myers 4265 Valley Road Enola, P A 17025 Dated: February 3, 2000 ~ . ~y .,' LEASB AGRBBKBN'l' Made this 1st day of April, 1998, between Tony Williams hereafter referred to as "Lessors and Thomas Shutt and Jennifer Myers, hereinafter referred to as "Tenants". WITNESSETH, That the Lessor in consideration of the rent, terms and conditions hereinafter mentioned, agrees to lease to Tenant (s), the premises situated in the County of. Cumberland, Borough or Township of West Fairview, and the C01illilonwealth of Pennsylvania, described as follows: two bedroom duplex with a legal address of 221 pennsylvania Avenue West Fairview, pennsylvania 17025 SUBJECT TO THE CONDITIONS of this Agreement for the term beginning on the 1st day of April, 1998, and ending on the 31st day of March, 1998. All rent shall be due on the first day of the month. . IN CONSIDERATION OF WHICH the Tenant agrees to pay to the Lessor for the use and occupancy of the said premises, the sum of $6,840.00, payable as follows: RENT: To pay rent in the sum of $570.00 per month; payable in advance starting April 1, 1998, and continuing so long as this lease shall be in force. A grace period of five (5) days is allowed. After the graoe period, there is a 10% late oharge and legal aotion oan be applied. AS A FURTHER CONSIDERATION for the use and occupancy of said premises, the Tenant agrees to faithfully keep and be bound by the following conditions and agreements: 1. Tenants shall use residential use only. No more without Lessor's consent. the premises for single family than 2 persons shall reside therein 2. Tenants shall pay to Lessor a security and damage deposit of RIA-paid; said deposit to be refunded at the end of this lease, unless Tenant should be in default, or should otherWise violate the terms of this lease. In which case, the said amount may be used in whole or in part against any amount subsequently determined to be due Lessor. . 3. Tenant recognizes that the premises are in good and .sound order and condition, and agrees to maintain the premises. and deliver the same to Lessor in the same condition at the end of this lease, less reasonable wear and tear. Lessor shall within thirty (30) days of termination of the lease or upon surrender and acceptance of the premises, whichever first occurs, provide Tenant with a written list of any damages to the premises, or. for violations, which Lessor claims the Tenant is liable. i~~ ~, 4. If Lessor so chooses, the security deposit shall be held by Lessor's agent. 5. SUB-LEASING: Tenant shall not sub-let the premises nor assign this lease agreement without express consent of Lessor. 6. TERMINATION: This lease may be terminated by Lessor or Tenant by giving sixty (60) days written notioe prior to the expiration of any current term of this lease to the other party. 6a. Early termination by Tenant will subject security deposit to rerental fees such as cleaning, painting, advertising and other such items. 7. UTILITIES: Utilities shall be paid as follows: Water: Tenant Sewer: owner Electric: Tenant Gas: ./A Oil: ./A Garbage: owner Other: 1etiant Telephoftl and cahle All utilities to be paid by Tenant shall be put in Tenant's name, wherever possible. Any utilities which cannot be put in Tenant's name, but are to be paid by Tenant shall be paid when due. Failure to pay shall constitute the Tenant's default of the terms of this Agreement. 8. NOTICE: All notices required hereunder and by the laws of pennsylvania may be given by certified mail, return receipt requested, or by personal service upon Tenant or Lessor, as the case may be. Time of notice shall be, in the case of service by mail, the date of delivery noted on the return receipt. For personal service, time of notice shall be the time that actual service was made. No notice shall be deemed necessary and no notice shall be given by Lessor to Tenant for failUre to pay rent. 9. INSURANCE AND FIRE: . Nothing shall be dohe upon said premises contrary to the conditions of the polioies of insurance upon the buildings, whereby the hazard may be inoreased or the insurance invalidated. In case the building(s) hereby leases shall be partially damaged by fire, or other casualty, the same shall be repaired as speedily as possible at the expense of Lessor. In case the damage shall be so extensive as to render thl!l building(s) untenability, the rent shall cease until such time as the building shall be put in complete repair. In case of total destruction or prolonged disrepair of the premises, by fire or otherwise, the rent shall be paid up to the time of such destruction, and from henceforth this lease shall cease. Provided,however, that such damage and destruction shall not be caused by the careles~ness, negligence, or improper conduct of Tenant, their agents or servants. The Tenant is hereby advised that the tessor shall not liable for Tenant's personal property or loss thereto by fire or other casualty. Furthermore, the Lessor shall not be responsible for insuring Tenant's personal property. 2 OF 5 I. ..._, 10. Lessor shall not be liable to Tenant or visitors from any harm or injuries to Tenant or his visitors. Tenant specifically agrees to hold Lessor harlllless for any such injuries. Tenant Shall be responsible for maintaining grounds, stairways, entrances, driveways, sidewalks and the like in a Safe condition at all ti.es. Defects occurring in the premises, which reasonably can be considered unsafe and known to the Tenant, are to be reported in writing to the Lessor. Tenant specifically agrees to hold Lessor harmless for any injuries suffered by any person, caused by defects not previously reported to Lessor in writing. 11. CONDEMNATION: Should the premises be condemned by Eminent Domain proceedings, Tenant shall be entitled to any damaqes provided by law for removal from the premises. Lessor shall be entitled to all other damages. 12. PETS: premises except: Tenant shall not keep any pets in or near the 110 Pits 13. Tenant shall not use the premises for any unwholesome, noisy or immoral purpose which offends the neighbors, or results in frequent, justifiable complaints to the Lessor, from the neiqhbors. 14. Tenant shall not violate any law, regulation or ordinance in the use of said premises, or allow others to conduct unlawful business (es) on the premises. 15. Tenant shall not alter or modify the premises or install any item that is affixed to the real estate without Lessor's consent. Any modification to the structure of the affixing of any items to the premises shall be deemed a fixture and become the property of the Lessor. The removal of any qoods from the premises without the Lessor's consent shall be considered a fraudulent removal. 16. Lessor agrees that an automatic washing machine may be installed. 17. Tenant agrees to dispose of all garbage or refuse in covered containers at place indicated by Lessor. Tenant likewise agrees to place all garbage cans and refuse containers at the designated spot for garbaqepick-ups on designated days. 18. Tenant shall not permit children to run or play in any common entrance, hallways; porches or fire escapes if the premises are used by other TenantS of Lessor. 19. Tenant shall aqree to keep the premises in a clean and sanitary condition, and to remove ashes or other garbage which may accumulate. If Tenant fails to do so, the Lessor may double the cost of removing the same as payment due from the Tenant and in arrears. 3 OF 5 20. Within 60 days of the expiration of this lease, the Lessor may display a "for rent" siqn or "for sale". sign upon the said premises, or show the premises at any reasonable time after reasonable notice to prospective purchasers or lessees. Any time during the term of this lease, Lessor may, with reasonable notice, inspect the premises or haVe access for necessary repairs. 21. INVENTORY; The following personal property is inventoried as property of Lessor: Bleatria rllDqe, al.atria refrigerator, dishwasher. 22. DEFAULT: If default shall be made in the payment of any part of the rent after the same becollles due, or in case of violation of the conditions of this agreement, the entire rent reserved for the full term of this lease remaininq unpaid shall become due and payable at once and may forthwith be collected by distress or otherwise, and at the sallie time, the Lessor may enter upon and repossess the said premises, with or without process of law. Acceptance by the Lessor of any of the said rent at any time after the same shall become due, after default has been made in the payment hereof, or any failure to enforce any of the riqhts herein reserved to the Lessor, shall not in any way 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 proce~ding 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 agreed that if the Tenant shall become insolvent, make an assignment for the benefit of creditors, codit: any act of bankruptcy, file a voluntary petition in bankruptcy, or if any judgment be entered or an involuntary petition in bankruptcy filed against the Tenant, all the rent reserved for the fUll term of this lease shall become due and collectable immediately by distress or otherwise. The Prothonotary or any attorney of any Court of Record of Pennsylvania is hereby authorized to appear for and to confess a judgment against the Tenant and in favor of the Lessor for the whole amount of said rent as hereinbefore set forth. And the Tenant hereby waives the usual notice to quit, and agrees to surrender said premises at the termination of this lease, without any notice whatsoever. And upon any proceedinq instituted for the recovery of said rent, either by distress or otherwise, the said Tenant 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. 4 OF 5 -- - ~ '"-- Upon the breach of any of the conditions or agreements of this lease or upon its termination by forfeiture, default or expiration, the Prothonotary or any attorney as aforesaid is hereby authori~ed to appear for and to confess judqjnent in an amicable action of ejectment against the Tenant and in favor of the Lessor for the premises herein described and to direct the immediate issuing of a writ of habere facias possessionem with clause of fieri facias for costs, waiving all irregularities, without notice and without asking leave of court. , :j !i i1 i1 11 :li , " :',j 23 . AGENT'S LIABILITY: It is understood that the Real Estate Broker is acting as agent only and shall in no case whatsoever be held liable to either party for the performance of any term or condition of this Agreement or for damages for non-performance thereof. I i ,~ !I 24. It is further agreed that the terms and conditions of this agreement and lease shall in no way be chanqed or altered except in writing signed by all of the parties hereto. 25. No commercial business or acti vi ty permitted on property. 26. No auto repair permitted on property. 27. Tenant is responsible for snow and ice removal on front and back porch steps. The conditions of this Agreement shall be binding on the heirs, executors, administrators and successors of all the parties hereto. ii lJ 'I I I I, II 'I i, WHEREOF, the parties af seals the day and year i aid have hereunto set t bove written. !~ WITNESS I ,.,/". L/' Rent can be mailed to Tony Williams, 31 East Main street, P.o. Box 1921, New Kingstown, pennsylvania 17072-1921. 5 OF 5 - .~~ - ~ ~ - )t;c P,O Box 1921 New Kingstown, Pennsylvania 17072 September 29, 1999 Mr, Tom Shull Jennifer Myers 4265 Valley Road Enola, Pennsylvania ] 7025 Dear Tom: The following is an itemized list of danmges and repairs for 221 Pennsylvania Avenue, As you can see there is a balance of $1,757.52 due, This is after your security deposit of$550,00, plus interest e3ll\ed of $40,00 was deducted, 1 expect the remaining balance to be paid within ]5 days, Cleaning of Apartment- 27,5 man hours Replace garage door Rcplace living room carpet Replace metal entrance door to utility room Replace two broken closet doors Repair refrigerator door insert Replace three broken screens Repair four kitchen cabinet hinges Replace broken outlet covers Replace kitchen 1100r register Repair holes in bathtub Extra time for painting areas with two coats due stains on walls and sealeoating wood door Repair cellar door from garage Replace broken toilet tank top Replace rear outside light globe $275,00 443,00 853,12 113,67 183,86 120,00 1300I 63,77 14,39 6,34 79A5 25,00 8A5 27,50 3,56 TOTAL OF REPAIRS $2,347.52 Respectrully submitted, Ton)' Williams (717)432-3514 CERTIFIED MAIL Z 446 926 373 , , (") ~~: -q,-::: f1dd --:70,'; 5?r-.:::' CD ~'_.J ~~~} '-- z .:::J REAGER, ADLER & COGNETTI, P.C, ATTORNEYS AT LAW 2331 MARKET STREET CAMP Hill, PA 17011-4642 (717) 763.1383 C:J ,~'-~ -...... o ";j --. ~ :1 -U -., (D I L.J oj GJ ::) ,-. , .~ . , JAMES A. WILLIAMS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-352 TOM SHUTT and JENNIFER MYERS, Defendants CIVIL ACTION - LAW NOTICE TO PLEAD TO: James A. Williams c/o Linus E. Fenicle, Esquire Reager, Adler & Cognetti, PC 2331 Market Street Camp Hill, Pa 17011 YOU ARE HEREBY notified to file a written response to the enclosed Answer With New Matter and Counterclaim of Defendants/Counterclaim Plaintiffs, Tom Shutt and Jennifer Myers, within twenty (20) days from service hereof or a judgment may be entered against you. TUCKER ARENSBERG & SWARTZ ~b-- By: III North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Attorneys for Defendants/Counterclaim Plaintiffs ~ 1____ J-.,j""-H-l'._ JAMES A. WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-352 TOM SHUTT and JENNIFER MYERS, Defendants CIVIL ACTION - LAW DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIM I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part; denied in part. It is admitted that Plaintiff sent a letter to Defendants informing them of items that he alleged to be damages to the residence at 220 Pennsylvania Avenue, and that those alleged damages totaled $1,757.52. It is further admitted that a copy of said letter is attached as Exhibit "B" to Plaintiffs Complaint. It is denied that, in fact, the items listed are damages to which the Plaintiff is entitled to make a claim against Defendants. Further, the alleged damages listed in that letter are items to which the Plaintiff is not otherwise entitled to claim against the Defendants, as they are either normal wear and tear or defects which either the Plaintiff or some other entity is responsible, Additionally, some of the items of alleged damages may have been due to an Act of God. Finally, it is denied that the letter, listing the alleged damages, Exhibit "B" to Plaintiffs Complaint, was provided to the _ __Ie Defendants within thirty (30) days of their surrender and the Plaintiffs acceptance of the premIses, 7. Denied. It is specifically denied that costs for repair of damages as alleged by Plaintiff are not due to ordinary wear and tear. To the contrary, the many items listed by the Plaintiff are due to ordinary wear and tear, as well as others also being the responsibility ofthe Plaintiff. Regardless, Defendants are not responsible for any of the alleged damages that Plaintiff is claiming. It is further denied that the costs to repair the alleged damages are reasonable. WHEREFORE, Defendants demand that Plaintiffs Complaint be dismissed with prejudice and an assessment of attorneys' fees and costs against Plaintiff for the within action. NEW MATTER 8. Defendants provided a security deposit in the amount of $550.00 to Plaintiff at the begiuning of their tenancy on February 15, 1993. 9. Defendants are entitled to statutory interest upon their security deposit 10. Defendants performed various necessary maintenance and necessary repairs to the property that were otherwise the responsibility of the Plaintiff in order to make the residence habitable and incurred substantial costs for which the Plaintiff is responsible. 11. Defendants were tenants at the property in question from February 15, 1993, through August 30, 1999, when Plaintiff accepted possession of the premises. 12. Plaintiff has not complied with the provisions ofthe Pennsylvania Landlord Tenant Act of 1951 by returning the Defendants' security deposit along with statutory interest 2 , , ~ " " I j, ~ -.- 13. Plaintiff did not return the Defendants' security deposit within thirty (30) days after the defendants surrendered and Plaintiff accepted possession of the premises. 14. Plaintiff did not provide the Defendants with a written list of damages to the premises within thirty (30) days after the Defendants surrendered and Plaintiff accepted possession of the premises. 15. Pursuant to the Peunsylvania Landlord Tenant Act of 1951, Plaintiff has forfeited his rights to withbold any portion of the Defendants' escrow and has forfeited his right to bring suit against the Defendants for the alleged damages to the premises. WHERElFORE, Defendants demand that Plaintiffs Complaint be dismissed with prejudice and an assessment of attorneys' fees and costs against Plaintiff for the within action, COUNTERCLAIM 16, Paragraphs I through 15 are incorporated herein by reference. 17. Counterclaim Plaintiffs are Defendants in the above-referenced matter, Torn Shutt and Jeunifer Myers, who reside at 4264 Valley Road, Enola, Cumberland County, Peunsylvania. 18. Counterclaim Defendant is Plaintiff in the above-captioned matter, James A Williams, who is an adult individual, with a mailing address of P.O. Box 1921, New Kingston, Cumberland County, Peunsylvania. 19. Counterclaim Plaintiffs leased a residence known as 221 Peunsylvania Avenue, West Fairview, Cumberland County, Pennsylvania, from the Plaintiff, beginning on February 15, 1993 and paid a security deposit in the amount of $550.00, 3 p < L 20. Counterclaim Plaintiffs leased a property until August 30, 1999, at which time they vacated the property, 21. The Counterclaim Plaintiff entered into a series of written leases with Counterclaim Defendant. 22. At no time subsequent to Counterclaim Plaintiffs vacating the property has Counterclaim Defendant returned to the Counterclaim Plaintiffs their security deposit with statutory interest, as required by the Pennsylvania Landlord Tenant Act of 1951, 23. Counterclaim Defendant has alleged items owing for which he was entitled to withhold the Counterclaim Plaintiffs' security deposit, but since those items are essentially for normal wear and tear or the responsibility of the Counterclaim Defendant, the withholding of the Counterclaim Plaintiffs' security deposit is in violation of the Pennsylvania Landlord Tenant Act ofl95L 24. Any damages alleged by Counterclaim Defendant are not the responsibility of Counterclaim Plaintiffs. 25. Counterclaim Plaintiffs have, over the years of their occupancy of the premises performed various necessary maintenance and necessary repairs that were otherwise the responsibility of Counterclaim Defendant, and as such, the Counterclaim Defendant is responsible to reimburse the Counterclaim Plaintiffs for said maintenance and repairs which total $1,753,00, 26. For violation of the Peunsylvania Landlord Tenant Act of 1951, the Counterclaim Defendant is liable to the Counterclaim Plaintiffs for double damages, attorneys' fees, costs and interest. 4 U" -,_, ;'--,.:;.1, 27. Counterclaim Defendant has been unjustly enriched by the maintenance and repair work performed by the Counterclaim Plaintiffs. WHEREFORE, Counterclaim Plaintiffs demand judgment against Counterclaim Defendant for the following items: I. Payment of$I,753.00 for necessary maintenance and necessary repairs performed by the Counterclaim Plaintiffs that were the responsibility of the Counterclaim Defendant. 2. Amount equal to double the security deposit and the statutory interest, plus the reasonable attorneys' fees and costs incurred in the prosecution and defense of this matter. 3. Any other relief deemed appropriate by this Court, Respectfully submitted, TUCKER ARENSBERG & SWARTZ By 2Z~- Attorney LD. #39182 111 North Front Street Harrisburg, P A 17108-0889 (717) 234-4121 Dated: y 20/ t70 Attorney for Defendants/Counterclaim Plaintiffs 26834.1 5 <. VERIFICATION I, the undersigned, TOM SHUTT, do hereby certify that I am the DEFENDANT! COUNTERCLAIM PLAINTIFF in the foregoing action, and that the statements made in the foregoing ANSWER WITH NEW MATTER AND COUNTERCLAIM are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. g4904, relating to unsworn falsification to authorities. , , \ , DATE:~ ,-~ - ,,-~ .. ~"" 0 ^'~ CERTIFICATE OF SERVICE AND NOW, this c:(tJ;ci day of 97J~L , 2000, PAULA J. BEITER, for the firll1 of TUCKER ARENSBERG & SWARTZ, attorneys for Defendants/Counterclaim Plaintiffs, hereby certify that I have this day served the within document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Peunsylvania, addressed as follows: Linus E. Fenicle, Esquire Reager, Adler & Cognetti, PC 2331 Market Street Camp Hill, PA 17011 (. ;i~L(L'f' ;J~ PAULA J. BEITER . ~, -, . ,\ .. . , I I' l , l'l [I I'.; REAGER, ADLER & COGNETTI, PC BY: LINUS E. FENICLE, ESQUIRE Attorney LD. No. 20944 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763.1383 , i! 1": ;1 " 11 -,'i [: I, f Attorney for Plaintiff JAMES A. WILLIAMS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA i l h' , I , ): : NO. 2000-352 t I I I I v. TOM SHUTT, and JENNIFER MYERS, Defendants : CIVIL ACTION LAW REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM , r L AND NOW COMES, Plaintiff, by and through his attorneys, Reager, Adler & Cognetti, PC, 1': r and replies to Defendants' New Matter and Answers Defendants' Counterclaim as follows: 8. Admitted. i I: I " 9. Denied. This is a legal conclusion to which no response is required. 10. Denied. It is specifically denied that Defendants performed any specific repairs and maintenance which were the responsibility of Plaintiff in order to make the residence habitable. It is further denied on the basis that it is a legal conclusion. 11. Admitted in part, and denied in part. It is admitted that Defendants were tenants at the property from February 15, 1993 until August 30, 1999. Plaintiff took possession of the premises when Defendants moved out. 12. Denied. This is a legal conclusion to which no response is required. , , _...i ,'~ ,. , I C" .. ., .. 13. Admitted in part, denied in part. It is admitted that the security deposit was not returned. It is specifically denied that Defendants were entitled to any return of the security deposit on the basis that Defendants damaged Plaintiff s property and a letter was sent to Defendants COUNTERCLAIM 1 I I p 1.1 '1 " 1.1 ,I J I I I I I .1 I 1 I I , j I i I outlining the damages and application of the security deposit. 14. Denied. Plaintiff did provide Defendants with a written list within thirty (30) days. 15. Denied. This is a legal conclusion to which no response is required. WHEREFORE, Plaintiff respectfully requests that Defendants' New Matter be dismissed and judgment entered in favor Plaintiff. 16. This allegation requires no response. 17. Admitted. 18. Admitted. 19. Admitted. 20. Admitted. 21. Denied as stated. It is admitted that leases were entered into by the parties. 22. Denied. Counterclaim Plaintiffs are not entitled to the return of their security deposit with interest. 23. Denied. It is specifically denied that the items are for normal wear and tear. It is further denied that there has been any violation of the Landlord Tenant Act by Counterclaim Defendant. 24. Denied. This is a legal conclusion to which no response is required. 2 - -,,',- ..:. ~ '. II ,. I ~ Ii- !: " L; 25. Denied. It is specifically denied that Counterclaim Plaintiffs have performed any t' ;i ;i (i I 'j ,I II ~i ii,: lli I\,! Ifi necessary maintenance or repairs that were the responsibility of Counterclaim Defendant. It is further specifically denied that Counterclaim Defendant is responsible to reimburse Counterclaim Plaintiffs for maintenance repair costs which total $1,753.00. 26. Denied. This is a legal conclusion to which no response is required. :" 27. Denied. This is a legal conclusion to which no response is required. ., )i'i !1 if: , , , WHEREFORE, Counterclaim Defendant requests that the Counterclaim be dismissed and i , f' judgment entered as set forth in Plaintiffs Complaint. j; " Date: i/k;P9 i ~ I, ~i [i ~j f: Ii n U II II 'I Ii Ii " ,I )I 'i I, I Ii Respectfully submitted, REAGER, ADLER & COGNETTI, PC LINUS E. FENICLE, ESQUIRE Attorney LD. No. 20944 2331 Market Street Camp Hill, P A 17011 (717) 763.1383 Attorneys for James A. Williams 3 , " '. VERIFICATION I, James A. Williams, hereby verifY that the averments of the foregoing pleading are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: 11//1-/[(' ~ .4- . - .'-" I,. ",,, . l 'I ". ~ i 1,1 CERTIFICATE OF SERVICE i~: l? i~ I" I hereby certifY that on the date set forth below a true and correct copy ofthe foregoing ;,;, Dated: 1/ f)/~ Iii 1'1 ::1 'I 'I I. 1'1' I' Ii! :-1 'j ,i :;,'1 "I :-,j ;','1 J I 'I , i ~j tj q !I !j ,', " i:l 'I ;,j " ;1 1:1 11 ~ ,I Ii I, 'I :j II II I, ji II il I! 'J I' 11 i , I I I I I I I I , document was served on the following individuals via United States First Class mail, postage prepaid and addressed as follows: Dennis R. Sheaffer, Esquire 111 N. Front St. Harrisburg, P A 171101 " ... " J,. -, ~. f C) ~ -orr:; rn fT~: ~E:! u~~ ~ rj ~'~3 ~. 2: ~ REAGER, ADLER & COGNETTI, P.C, ATTORNEYS AT LAW 2331 MARKET STREET CAMP Hill, PA 17011-4642 (717) 763-1383 .. . , C~ C) () "','l ~'" :::J :;-:\ ('.JoJ -~) r~~ :.n ',0 ,/ ;- ""-Ii ""-"'_'';'''''-1._ "~, _~, , ~ ~'),fI\t~\4u James A. Williams, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-352 CIVIL v. Tom Shutt, and Jennifer Myers, Defendants RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETlTION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, TIlE JUDGES OF SAID COURT: Linus E. Fenicle , counsel for the plaintifflmSl'e!iffftl\t in the above action (or actions), . respectfully represents that: I. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 1, 757.52 The counterclaim of the defendant in the action is 1,753.00 The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Linus E. Fenicle, Attorney for Plaintiff and Dennfs R. Sheaffer, Attorney for Defendant WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ~"Y~ AND NOW, /) foregoing petition, ) ORDER OF COURT '''~~"._~k/~ sq., are appointed arbitrat rs III the above captIOned actIOn (or Esq., and actions) as prayed for. PJ. -z.., n .:>- ff ~.f;? r"'~ <,4. ~':::-:.1 (j't::! I C--,' !>ie,:' ""'-Jr-' fJ::~_,:~~ ;c I,. t!s ..~e__ <'-.> .... ~ ~ ;::, E/ iF ji? 1f fi,}!?:) l-i.j':::> [:ow ~~Q... ;s U ~ .:t: "" I.r:i ..... "', :::er: -<:: & l ~. "....IlI:'l_~~' ~ ..' - ~'~~~, "'"" (") c:::> 0 C 0 "TI ~ ~ ;;:: :!l: ._, (D -om :P> {n~ rnrn .< .'1 2::0 It:.. zt,:.: -.'[9 0 '+1 2 ~z ,~::) J. !;=C) -0 :.~'1~ ...() -- j>c. :Jl: y. :Il () :z .~ ',2~ ~ -0 /- ~ Pc ~ 0 V z j;! p ~ -~ :::::> ~ >v -< .-J -- ~ -..r... JAMES A. WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000.352 CIVIL TOM SHUTT, and JENNIFER MYERS, Defendants NOTICE OF HEARING TO: James Kayer, Esquire 4 E. Liberty Avenue Carlisle, PA 17013 Linus E. Fenicle, Esquire ,2331 Market Street Camp Hill, PA 17011 Anthony E. Marone, Esquire 600 North 12th Street Lemoyne, PA 17043 Dennis R. Sheaffer, Esquire 111 North Front Street P.O. Box 889 Harrisburg, PA 17108.0889 AND NOW, this 31st day of Mav. 2000, you are hereby notified that the Arbitrators appointed in the above captioned matter will hold a hearing for the purpose of their appointment as follows: DATE: June 27, 2000 TIME: 1:15pm PLACE: Law Office of James M. Bach 352 S. Sporting Hill Road Mechanicsburg, P A 17055 Counsel shall immediately notify all arbitrators if settlement is reached prior to the hearing. Anyone who finds the hearing date unsuitable is responsible for making arrllngements with counsel for a suitable date, time and place. Parties wishing to argue leglll points will be expected to have copies of relevant materials for each arbitrator Ilnd opposing counsel at the commencement of the hearing. ~- "Xf- 00 ~~ SM. BACH, ESQUIRE 3 S. Sporting Hill ROlld Mechanicsburg, P A 17055 (717) 737.2033 Dllte Cc: Court Administrator Prothonotary Bulletin Board REAGER, ADLER & COGNETTI, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP Hill, PENNSYLVANIA 170114642 717.763.1383 TElEFAX 717.730-7366 WEBSITE: ReagerAdlerPC,com THEODORE A. ADLER + DAVID W REAGER MARIA P. COGNETTI ++ LINUS E, FEN1ClE DEBRA DENISON CANTOR THOMAS 0, WilLIAMS SUSAN H. CONFAIR JULIE A. McCONAHY Writer's E-Mail Address:lfenicle@epix.net + Certified Civil Trial Specialist ++ Fellow, American Academy of Matrimonial Lawyers June 12, 2000 James M. Bach, Esquire 352 S. Sporting Hill Road Mechanicsburg, P A 171101 Re: James A. Williams v. Tom Shutt and Jennifer Myers Our File No. 96-607.06 Dear Mr. Bach: I am counsel for the Plaintiff in the above-captioned matter. My client is the operator of a small business and a situation has arisen with employees being out which necessitates him being available to work on the date of the arbitration date, June 27, 2000. I am therefore requesting that this hearing be rescheduled and I am suggesting the dates of either August 9"' or August 10"'. Those dates are available for myself, my client, and the attorney for the defendants. I have not checked with the other arbitrators. Thank you for your kind attention to this matter. LEF /lam cc: James Williams Dennis R. Sheaffer, Esquire , L C ;#rrL, /A w4 (/-/'3 -do 5.~_~~J gdUt-~. J~ ~ ~ ~.~~, " ~ '" LgJ UU.) JAMES A. WILLIAMS -) Plaintiff ) 1 ) ) ) ) ('.1 In The Court of Common Pleas of TOMSnuTT, and JENNIFER MYERS, Cumberland County, ?ennsYlvan~ :-/0. 2000o-3'i2 CTVTT. m V Defendants OATIl l~e do solemnly S\lear (or affirm) the Constitution of the trnited States wealth and that we will discharge the that we will sup~ort, obey and defend snd the Consti~tiol1 of this Common- oE our office with f deIity. 4~ AW We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately ststed.) . ------ applicable. ) Arbitrator, dissents. (Insert name i; NOTICE OF ENTRY OF Date of Hearing: {, ..- ;>. 7- () () &-~7-tJO Date of Award: tt..o n Now, the:l.7 - day ~ award was entered upon ~~e docket ?arties or their attorneys. . l:l!l_ at 3:'17, f....:1., the above and notice thereof given by mail to the ~. ;(. ~~. r-- ~ t7 Protnonotary .L tZ )ru hI:"'- Deputy Arbitrators' compensation to be paid upon appeal: $ 296.Ul) By: , g i:,.i'~ ,-, 'iii" MLDoll'" 1,:;lfJ.m~:m_il:l\"HI'" . ~,......~ .j- ~~;..' '~ ...... ~, 'I "~~~"'"'~II- ~ (l~ >>Mf . ~ M~ -~o:; ~;.v~ J/ ~,tf? /70Yj I(~- ~ -)~.~ 1/;(./07, ~ 6" '1,.,2(,. oi> r i }:J~ 1 ..,",,, ~ "-~- '.' r c,.;"u ~- " ~ 2 C> 0 0 -n ::g: $.= >~ "Ut:P -1" u,rn z: is,:D Z:n "r ~~ N >,?orn -.J :00 ~o 96 -0 X-\i ~8 ~ r")":- - '-0 W c~rn c: .. '~ ~ """ ..?b -'." . -' " '<: .. ~,..,.~, (\,.1' lit; ~. ' I,.' .. , - ~. James A. Williams, Plaintiff v. DT THE COURT OF CCMMON PIF..!l.S :;rT!'.m't:'1:lT ,^ ~m,' l"o,"",Tm"r P~~j1"'lsvr.;r:A ~IIA '.Ju....~._ ...., 'lJ.l'I.L_, ___.. _..... ..._.__ Tom Shutt, and J~nnifer Myers, Defendants No. 2000-352 CIVIL NOTICE OF APPEAL FRor<! .A.T.vAFID OF BO./l..R!) OF ./l_l'ffiITRA'!'ORS TO .~ ..:.-~ ?RCT:-::crrCT.A_"lY: )i"ot; c'e -; S c-; iJeT"! ~ .,-:at -. _oJ - c- ........ - Plaintiff appeals frat:! the a;.,ard of' the board of" arbitrators enterec L"1 this case on June 27, 2000 A jury trial is cemanded 1:1. (Cheakk cox if a jury trial is demar:ced. Ct::.err.:-ri.se ';-"=7 tr:.a.l is ~.;aifjec.) : here~7 certify t~t ,~ ) \~ t~ compensation of the arbitrato!'s r...e..s ":Jeer:. paid, or (2) application ~2S ceen made for permission to proceec L~ forrna pa:uper:.s. (st"ike ~ 7~UU>9.) L~nus E. Fenicle, Esquire Appe11~~t or Attorney for Appellant NCT.S: Tr..e. derna...'1.d for jury trial on appeal from compulsory arbitration is g~~rned by Rule 1001.1 (b). (b) ;-;0 a:ffidavit or verif"icat ion is reG.uirec. "' ~ - --~ "': .1 ~ < ""'" 1 <I' . 1 I: if; t,' j BY: LINUS E. FENICLE, ESQUIRE Attorney LD. No. 20944 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 ~, f; ~: [, 1'- ~: :;, ~~ Attorney for Plaintiff JAMES A. WILLIAMS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA j,' [:.:', ~!, e r. c Ii, ,l.,:,.,:,: ;1 f': 1: I [ I: ,k [, v. : NO. 2000-352 TOM SHUTT, and JENNIFER MYERS, Defendants : CIVIL ACTION LAW f CERTIFICATE OF SERVICE I hereby certifY that on the date set forth below a true and correct copy of the foregoing ~', r: t Ii Il document was served on the following individuals via United States First Class mail, postage prepaid and addressed as follows: Dennis R. Sheaffer, Esquire 111 N. Front St. Harrisburg, P A 171 01 Dated: 111 /flP 7 "', ,\, .. ) . ~. \. - ',. ,. . . '. (') 0 C-, U ~ 0 .-n 0 ~ , -, l ~ -ou.'.! c::: -~~\ 7~\: 7' g:JITi r- ::lJ . f",~-n j:I:. ...0 2 C;' I ',"_l"." 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