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HomeMy WebLinkAbout07-0629Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs RAYMOND GRANDON JR and NANCY GRANDON, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MELVIN PERKINS, Defendant NO. L) 2 , ? ';1 CIVIL TERM CIVIL ACTION- LAW 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 j udgment 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 Plaintiffs. 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 BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 RAYMOND GRANDON, JR. and IN THE COURT OF COMMON PLEAS OF NANCY GRANDON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 02- G 27 CIVIL TERM CIVIL ACTION- LAW MELVIN PERKINS, Defendant COMPLAINT Plaintiffs, Raymond Grandon Jr. and Nancy Grandon, are adult individuals residing at 300 Hummel Avenue, Lemoyne, Pennsylvania 17043. Plaintiffs are the owners of the real property at 308 Hummel Avenue, 2"d Floor, Lemoyne, Pennsylvania 17043 (herein, the "Premises"). 2. Defendant, Melvin Perkins, is an adult individual residing at 308 Hummel Avenue, 2"d Floor, Lemoyne, Pennsylvania 17043. 3. On December 17, 2004, Plaintiffs entered into a Residual Lease agreement for the Premises by which Plaintiffs were Lessors and Defendant was Lessee. The Residential Lease is attached hereto as Exhibit "A." 4. Pursuant to the Residential Lease, Defendant was required to maintain a Renter's Insurance Policy, which he failed to do. 5. Pursuant to the Residential Lease, Defendant agreed to indemnify Plaintiffs "against all claims arising from the negligence, fault ofmisconduct ofDefendant, including payment for reasonable attorney fees incurred in the defense of such a claim." See Paragraph 25 of the Residual Lease. 6. On January 16, 2006, Defendant cooked food on the electric range in the kitchen of the Premises. 7. On that same date, after cooking, Defendant fell asleep without turning the range burner control knob to OFF. 8. A fire started as a result of leaving the knob turned to the MEDIUM/HIGH position, which lit a greasy pot sitting on the range. 9 As a result of the fire, Plaintiffs incurred damages in the amount of $24,996.39 to the Premises. A true and correct copy of the repair estimate is attached hereto as Exhibit "B." 10. As a result of the fire, Plaintiffs additionally incurred loss of rents of $575.00. Count I - Negligence 11. Paragraphs 1-10 are incorporated herein by reference. 12. The fire was caused as a result of the negligence, recklessness, and carelessness of Defendant in that he, among other things: a. operated the range in a careless, reckless, and negligent manner; b. failed to use due care under the circumstances; C. failed to ensure that proper fire signals had batteries and were plugged in; d. failed to turn off the range after cooking; e. failed to remove greasy objects and potential fire hazards from the range; f. fell asleep during a period of time for which the range remained on; and g. failed to call the fire department to extinguish the fire. 13. Defendant's negligence, careless, and recklessness was the direct and proximate cause of the damage to the Premises located at 308 Hummel Avenue, 2°d Floor, Lemoyne, Pennsylvania 17043. 14. At all times material hereto, Plaintiffs acted with due care and were not contributorily negligent. 15. Defendant otherwise failed to use due care and caution under the circumstances. WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $25, 571.39, plus costs, interest, attorney's fees and any other relief that the court deems appropriate. Count II - Breach of Contract 16. Paragraphs 1-15 are incorporated herein by reference. 17. Plaintiffs and Defendant entered into a written Residential Lease. 18. Defendant has breached the Residential Lease as stated above causing Plaintiffs' to incur damages in the amount of $25,571.39. WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $25, 571.39, plus costs, interest, attorney's fees and any other relief that the court deems appropriate. MARTSON DEARDORFF WILLIAMS & OTTO By r K- Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: ?_ 3i _ o 7 Attorneys for Plaintiffs EXHIBIT °°A" Apartment - Condominium - House RESIDENTIAL LEASE BY THIS AGREEMENT made and entered into on December 17, 2004 between Raymond C. Grandon, Jr. (Agent for: RCG Properties ) herein referred to as Lessor, and Melvin & Vanessa Perkins equally and severely, referred to as Lessee. Lessor leases to Lessee the premises situated at 308 Hummel Avenue, 2"d Floor, Lemoyne, PA 17043 and more particularly described as follows: 2/3 bedroom apartment situated at 308 Hummel Avenue, 2"d Floor, Lemoyne, County of Cumberland, State of Pennsylvania, together with all appurtenances for a term of one (1) year to commence on January 1, 2005 and to end on December 31, 2005. PARTIES TO LEASE AGREEMENT: Tenant: Name: Melvin & Vanessa Perkins Home # 671-1911 Cell # 265-5511 Landlord: Name: Raymond C. Grandon, Jr. Agent for: RCG Properties Work # 730-9493 1. Security Deposit. On execution of this Lease, Lessee.deposits with Lessor Five Hundred and Seventy-Five Dollars and 00/100 ($575.00) receipt of which is acknowledged by Lessor, as security for the faithful performance by Lessee of the terms hereof, to be returned to Lessee, without interest, on the full and faithful performance by him of the provisions hereof. The security deposit may not be used as the last month's rent. 2. Rent. Lessee agrees to pay without demand to Lessor as rent for the demised premises the sum of Six Thousand Nine Hundred Dollars and 00/100 ($6,900.00). To be paid in the amount of Five Hundred and Seventy-Five Dollars and 00/100 ($575.00) per month on or before the first day of each calendar month beginning January 1, 2005 at 300 Hummel Avenue, Lemoyne, PA 17043 or at such other place as Lessor may designate. Postmarks are not an acceptance of timely payments. 3. Late Charges. ALL rental payments are due ON or BEFORE the FIRST of the month. They MUST be in our possession (postmarks are not acceptable) by the first (15`). Rents not received by the first (1s`) will be charged a Late Fee of Ten Percent (10%). Rents not received by the fifth (5`h) of the month will be charged an additional penalty of Fifty Dollars ($50.00). Page 1 of 9 FAQ GAR 0,7 ?ft SWORN STATEMENT IN PROOF OF LOSS •^? s , B ANA SUBROGATION AGREEMENT FEB 1 7 2006 .6d 8 01?4,7- AMT. F LICY AT TIME OF LOSS PO CY, ?? N BER y 1 ?,oS L Ei7o `1 /J /D ISSUED AGENCY AT 1 DATE EXPIRES &?? 14S-,46/1-Ac AGENT To the Z00Ive6 L tt./NS [AAA- do (Insurer) By the above policy you insured t AI I* C 71 against loss by k to the property described under Schedule "A." 1. Time and Origin: A loss occurred about the hour of o'clock _ .M., tip /Q day of -)AAA4 t/ 20 OG . The cause and origin of the said loss were: cQl `o , tz- ivF_e Vln1 n!S ELtr A6L EFP whl/i. E COA .1AJ& 2. Occupancy: The building described, or containing the property described, was occupied at the time of the loss as follows, and for no other purpose whatever. 0O?L,V,6&iAt lN a 19ifA*0/FiVIS 3. Title and Interest: At the time of the loss the interest of your insured in the property described therein was r41 No other person or persons had any interest therein or encumbrance thereon, except: N K 4. Chas 1; Since the said policy was issued there ha$ been no assignment thereof, or change of interest, use, occupancy, possession, location or exposure of the property described, except 5. Total lnsura ce: The total amount of insurance upon the property described by this policy was, at the time of the loss, .a , as more particularly specified in the apportionment Schedule "C", besides which there was no Poliey or other contract of insurance, writtr oral, valid ?h under slid. (Cull replacement cost figures to be inserted only when Full Replacement Cost Actual Cash Value considered in the adjustment) 6. Value of said property at time of loss 7. The whole loss and damage was ......................... .2 -3 1 01 J'JS. 07 00 8. The amount (less Ded. of S /1000. ) claimed under this policy is S , 3 9. The said loss did not originate by any act, design or procurement on the part of your insured, or this affiant; nothing has been done by or with the privity or consent of your insured or this afl'ient, to violate the conditions of the policy, or render it void, no articles arc mentioned herein or in annexed schedules but such as were destroyed or damaged at the time of said loss; no property saved has in any manner been concealed, and no attempt to deceive the said company, as to the extent of said loss, has in any manner been made. Any other information that may be required will be fumished and considered a part of this proof. 10. In consideration of and to the extent of said payment the undersigned hereby subrogates said Company to all of the rights, claims and interest which the undersigned may have against any party, person, persons, property or corporation liable for the loss mentioned above, and authorizes the said Company to sue, compromise, or settle in the undersigned's name or otherwise all such claims and to execute and sign releases and acquittances and endorse checks or drafts given in settlement of such claims in the name of the undersigned, with the same force and effect as if the undersigned executed or endorsed them. Warranted no settlement has been made by the undersigned with any party, person, persons, pmperty or corporation against whom a claim may lie, and no release has been given to anyone responsible for the loss, and that no such settlement will be made nor release given by the undersigned without the written consent of the said Company and the undersigned covenants and agrees to cooperate fully with said Company in the prosecution of such claims, and to procure and furnish all papers and documents, in the undersigned's possession, necessary in such proceedings and to attend court and testify if the Company deems such to be necessary but it is understood the undersigned is to be saved harmless from costs in such proceedings. 11. The statements and agreements on the reverse side hereof or attached hereto arc made a part of this instrument. 12. The flrmishing of this blank or the preparation of proofs by a representative of the above insurance company is not a waiver of any of its rights. State of N tQ; Count yof Yl (d? X ' Su ibcd and sworn to fore me this O?0 dot of ' NOIDOM 11M y ? 20 fiF1ARl VYE:TFIAFER Notary Public Nolaft/ UROM BOROUGH, CdY1111111KAND OUNIY DM352 (12.02) Mr Cmn rAMW 64" Feb 28.2009 a. There will be a $25.00 Service Charge for any checks returned by the bank. b. Returned checks will also trigger penalty and late fees. 4. Quiet Enjoyment. Lessor covenants that on paying the rent and performing the covenants herein contained, Lessee shall peacefully and quietly have, hold and enjoy the demised premises for the agreed term. 5. Use of Premises. The demised premises shall be used and occupied by Lessee exclusively as a private single-family residence, and neither the premises nor any part thereof shall be used at any time during the term of this Lease by Lessee for the purpose other than as a private single family residence. Lessee shall comply with all the sanitary laws, ordinances, rules and orders of appropriate governmental authorities affecting the cleanliness, occupancy and preservation of the demised premises, and the sidewalks connected thereto, during the term of this Lease. 6. Number of Occupants. Lessee agrees that the demised premises shall be occupied by no mor/e? than 2 persons, consisting of: 2 adults. +- 3 C4_J_? Initial: ?Y l 1 Y Lessee Lessee G` ?l 7. Condition of Premises. Lessee stipulates that they have examined the t +V' demised premises, including the grounds and all buildings and improvements and that they, at the time of this Lease, are in good order, repair and a safe, clean and tenantable condition. All carpets must be professionally cleaned upon vacating. Unit Condition Checklist must be completed, signed, dated and will become part of this agreement. 8. Assignment and Subletting. Without the prior written consent of Lessor, Lessee shall not assign this Lease, or sublet or grant any concession or license to use the premises or any part thereof. A consent by Lessor to one assignment, subletting, concession, or license shall not be deemed to be a consent to any subsequent assignment, subletting, concession, or license. An assignment, subletting, concession, or license without the prior written consent of Lessor, or an assignment or subletting by operation of law, shall be void and shall, at Lessor's option, terminate this Lease. 9. Alterations and Improvements. Lessee shall make no alterations to the buildings on the demised premises or construct any building or make other improvements on the demised premises without the prior written consent of lessor. All alterations, changes, and improvements built, constructed, or placed on the moveable personal property, shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain on the demised premises at the expiration or sooner termination of this Lease. Page 2 of 9 10. Damage to Premises. If the demised premises, or any part thereof, shall be partially damaged by fire or other casualty not due to Lessee's negligence or willful act or that of their employee, family, agent, or visitor, the premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the Lessee's premises may have been untenatable; but, if the leased premises should be damaged other than by Lessee's negligence or willful act or that of their employee, family, agent or visitor to the extent that Lessor shall decide not to rebuild or repair, the term of this Lease shall end and the rent shall be prorated up to the time of the damage. 11. Dangerous Materials. Lessee shall not keep or have on the leased premises any dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on the leased premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 12. Utilities and Services. Lessee shall be responsible for arranging and paying for all utility services required for their unit. The Landlord will be responsible for the Sewer and Trash. 13. Maintenance and Repair. Lessee will, at their sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this Lease and any renewal thereof. In particular, Lessee shall keep the furnace clean, keep all utility bills current, keep the walks free from dirt and debris and at their sole expense, shall make all required repairs to the plumbing, range, heating apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Lessee's misuse, waste, or neglect or that of their employee, family, agent, or visitor. Any repairs that result in a charge up to Fifty Dollars and 00/100 ($50.00) will be the responsibility of the lessee. Major maintenance and repair of the leased premises, not due to Lessee's misuse, waste, or neglect or that of their employee, family, agent, or visitor, shall be the responsibility of Lessor or his assigns. Property being rented in as is condition. 14. Animals. Lessee shall keep no domestic or other animals on or about the Leased premises without the prior written consent of Lessor. No exceptions. This means at anytime; NO visits, NO overnight stays, permanent or temporary. Initials Initials 1 1 15. Right of Inspection. Lessor and his agents shall have the right at all reasonable times during the term of this Lease and any renewal thereof to enter the demised premises for the purpose of inspecting the premises and all building and improvements thereon. Page 3 of 9 16. Display of Signs. During the last 60 days of this Lease, Lessor or his agent shall have the privilege of displaying the usual "For Rent" or "Vacancy" signs on the demised premises and of showing the property to prospective purchasers or tenants. 17. Holdover by Lessee. Should Lessee remain in possession of the demised premises, with the consent of Lessor after the natural expiration of this Lease, a new sixty day Lease tenancy shall be created between Lessor and Lessee which shall be subject to all the terms and conditions hereof, but shall be terminated on sixty days written notice served by either Lessor or Lessee on the other party. 18. Surrender of Premises. At the expiration of the Lease term, Lessee shall quit and surrender the premises hereby demised in as good state and condition as they were at the commencement of this Lease, reasonable use and wear thereof and damages by the elements excepted. 19. Default. If any default is made in the payment of rent, or any part thereof, at the times herein before specified, or if any default is made in the performance of or compliance with any other term or condition hereof, the Lease, at the option of Lessor, shall terminate and be forfeited and Lessor may re-enter the premises and remove all persons and/or personal belongings of the Lessee therefrom. Lessee shall be given written notice of any default or breach and termination and forfeiture of the Lease shall not result if, within ten (10) days of receipt of such notice, Lessee has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time. If a default has occurred at any time during the term of the Lease, then the Lessee looses any automatic right to renew. A. Tenant breaks this Lease if: (1) Tenant does not pay rent or other charges. (2) Tenant leaves Property permanently before the end of this Lease. (3) Tenant does not move out when supposed to. (4) Tenant fails to obey any of the terms agreed to in this Lease. B. Non-Payment of Rent: If Tenant breaks Lease by not paying rent or other charges, Landlord must give Tenant TEN DAYS written notice describing the amount Tenant owes for rent and /or other charges, prior to filing a lawsuit. This means that if Tenant has not paid all balances due before the eleventh day after Landlord has given Tenant the written notice, Landlord can file a lawsuit for a money judgment against Tenant, evict the Tenant, and/or take back possession of the property. C. Other Lease Violations: If Tenant breaks any other term of this Lease, Landlord must give Tenant written notice describing the violation and give Tenant TEN DAYS to correct the problem. If Tenant does not correct the problem before the eleventh day after the Landlord has given Tenant the written notice, Page 4 of 9 Landlord can file a lawsuit to evict the Tenant and/or take back possession of the property. D. If Tenant Breaks Lease for any Reason, Landlord may: (1) File for a lawsuit for money and/or file to take possession of the Property against the Tenant. (2) Included in the lawsuit against Tenant all the legal fees, filing fees, and the reasonable costs of the Landlord and/or Landlord's Agent, including a re-renting fee. (3) Included in the lawsuit against Tenant all rents and charges unpaid, and for rents and charges for the rest of the Lease Term, and for the cost of any physical damages to the Property. (4) Keep Tenant's Security Deposit, other deposits, any interest due, and any advance rents prepaid, if unpaid rents, charges, fees, and/or damages are equal to or exceed their total. 20. Abandonment. If, at any time during the term of this Lease, Lessee abandons the demised premises or any part thereof, Lessor may, at his option enter the demised premises by any means without being liable for any prosecution therefore and without becoming liable to Lessee for damages or for any payment of any kind whatsoever, and may at his discretion as agent for Lessee relet the demised premises, or any part thereof for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and at Lessors option hold Lessee liable for any difference between the rent that would have been payable under this Lease during the balance of the unexpired term, if this Lease had continued in force and the net rent for such period realized by Lessor by such means of such reletting. If Lessor's right of re- entry is exercised following abandonment of the premises to also have been abandoned, in which case, Lessor may dispose of all such personal property in any manner Lessor shall deem property and is hereby relieved of all liability for doing so. 21. Binding Effect. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this Lease. 22. Other Terms: • NO portable or kerosene heaters are permitted. • All Borough/Township and Community Association ordinances must be adhered to; any violations or fines will be the sole responsibility of the Lessee. • No loud or boisterous behavior as to disturb others. 23. Inventory. See Unit Condition Checklist. (24: Liabi ' Lessee agrees that Lessor or Agent shall not be liable for property a age or personal injury occurring in the townhouse, condominium or apartment unit, or elsewhere, on Lessors property, unless the damage or injury Page 5 of 9 results from Lessors negligence. The Lessee agrees to indemnify the Lessor against all claims arising from the negligence, fault of misconduct of the Lessee, including payment for reasonable attorney fees incurred in the defense of such a claim. LESSEE is required to maintain a Renter's Insurance Policv with a One Hundred Thousand Dollar ($100,000) minimum Liability. Said insurance must be in effect at the time of signing the Lease. A binder faxed to this office will suffice as proof of coverage. The ro erty locations Mnss be listed on the policy and Ray Grandon, Jr. must be named as Additional e on apo icy. 25. Telephone. A current phone number for both work and home for each party must be furnished to Lessor as soon as available. Failure to do so constitutes violation of Lease. 26. End of Lease Agreement. Upon termination of this Lease, the Lessee is required to provide a written 60-day notice to the Lessor at 300 Hummel Avenue, Lemoyne, PA 17043 or at such other place as Lessor may designate. It is required that a forwarding address be left in writing with the Lessor at the termination of this Lease. If this is not provided when the premises are vacated, then the security deposit will be forfeited. The Lessee shall surrender the unit to the Owner in compliance with the following: a. No damage to the unit, or appliances, beyond fair wear and tear. Dirt is NOT fair wear and tear. b. The entire unit, including the range, exhaust fan, refrigerator, bathrooms, closets and cabinets must be clean. The refrigerator must be defrosted. The wall-to-wall carpet must be professionally cleaned and receipt for payment turned in to the Owner. If there is no receipt, owner will have them cleaned and deduct the expense from the security deposit. C. No stickers, scratches or holes in the walls. d. All burned out light bulbs must be replaced. e. No indentations in the wood or resilient flooring, formica or appliances. f. All keys must be returned, and the unit condition checklist must be completed with the Owner/Agent and signed by all parties. g. All debris, rubbish and discards must be placed in proper rubbish containers. 27. Additional Policies. A. Resident shall NOT CHANGE LOCKS or install additional locks, chains or other fasteners without prior written consent from the Owner. B. Absolutely NO WATERBEDS are allowed in the units. C. Resident shall keep the unit in good and sanitary condition. Clothing, rugs or other articles shall not be hung, dried or cleaned anywhere outside the unit. Page 6 of 9 D. Motorcycles shall be kept only in assigned vehicle parking space, not on the porch sidewalks or lawns. E. Resident shall not park any vehicle of any kind on the property unless the vehicle is currently licensed, in running condition, and regularly used by the resident. Resident agrees that the Owner may tow away any vehicle parking in violation of this regulation at the Resident's expense. Resident shall not use the property for repair or disjoinment of any vehicle. F. Walks, entryways, access to and fro children's playing bicycles, toys, was times. halls, stairwells, shall m the unit. Shall areas, and shall b to receptacles and of be used only for not be used for e kept clear of her articles at all Page 7 of 9 IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first above written. Lessee Date _M', ? "I 'p-Aik - 12-1 1-7 Lessee Date Witness Date Lessor Witness Date Date Page 8 of 9 Checklist 1. Lease. Lessee must read Lease, Initial Item #6 and Item #14, and sign. One copy to be given to Lessee. -?2. Addendum. Lessee(s) and Lessor/Agent sign Unit Condition Checklist. One copy to be given to the Lessee. 3. Drivers License. Make copy of all tenant's drivers licenses and put in the file. L""4. Insurance. Proof of Renter's Insurance Policy including the following: a) Property Location listed on the Policy b) $100,000 minimum Liability C) Raymond C. Grandon, Jr. must be named as additional insured. J 5. Security Deposit and Rent. Checks made payable to Raymond C. Grandon, Jr. Security Deposit $575.00 (Payable at Lease Signing) First Full Month's Rent for Jan. '05 $575.00 (Payable at Lease Signing) '`Pro-rated Rent for Dec. 17-31, '04 $278.23 (Payable 01/01/05) Lessor Date a- ( -- o y NOTE: Checklist must be completed before keys are released. Page 9 of 9 EXHIBIT "B" ,FEB-24-2006 11:06 MANAGING PARTNERS P.03 r'SWOVX STATSMOT IN PROOF CIF LABS AND SURROGATWN AGRBIeNLtiNr AMT. PlIMIC AT TIMS des LOSS Z N ?MBER y1}as r D 1B 133171m, G T Y 1 ?• o? . /to. )( i4V DAPS EXPiRB$ AQFNT To the _ By Via above policy Yea $jllehm Ions by 1. Ths* said OrWw.. A on* &M day v.?rPww?: r ne ouuousg 08901 bell, or eel follows. and for no other purpose whoever: (Insum) to oct:utted about the hour of o'clock M., . The cause and origin orthe wel^er - CIM P Wd/4C 0W*y. A& at the time of the loss as app lat$ aatt At the time of the loss the ilowist of your insured in the property deeertbrad eiaw t was EN i!R f-r?r - VO other person or persons had any interest therein or incumbrar?oe in. estCept: - fAV, &Ao r? Changes: Since do $aid policy was issued ere has been no aulgrimcnt thereof, or chanp of intt ML use. occupancy, possessim location or exposure of the phvpctt<jr described, ezeept a via ,return hrn total amount of insurance upon the pro" described W this policy rvsa, at file time of the Was. ?1 Ja r y 4 , as more particularly specified in the apportionment atbohed under Schedule "C" besides which there was no policy or other co"Na of insuraneig, writOeA or orgl, valid nr invalid, (Full replacement cost iigures to be inserted only when Full Replacement Cost Actual (ash Value considered in the adjus Imam) 6. Value of said property at time of loss 1. 7 he whole lass and damage was .................. 4.2 Y, g96•ay ?arSl.S• 07 S. The UnOWt (less Dad. of $ J? ow, ) claimed under Po"q is s , 1 • 3 4. The said loss did not originate by any set, design or procurement on the part of yaw insured, or this a has been done by nr with the privity or consent of your insured or this at rer& to violaae the conditions of tide policy, or noder it void no articles air: mentioned herein or in annexed schedules but such At were duV yed or damaged at the rum of said lass: go property saved has in My manner beat concealed, and no Attempt to deceive the said OMP07, as to the went of said loss, has in any manner been made. Any other information that may be required will be furnished and considered a part of this: proof. ID. In consideration of and to the extent of said payment the uedmsigned hereby submptcg said Company to alt of the and Nat claims the loss temst which the undersigned My have against 07 patty, perm, parsons. pmpeq or lion mentioned above. and authorise the said Company to suit, compmmise. or settle in the undenigrnd•s "aria or otherwise all such claims and to execute and sign nI'Mm and acquananeaa and "name checks or dntba Sheri in seld'eman of such etA"' In the name of the undersigned, with the same fWar and c%a as if the undersigned executed or endorsed them, Wwmntcd no settlement bas been made by the undersi ed with an the Iproperly a®ainst whm a claim may lie, and no mlease he bast to any eVatty e , responsible S for persons, oss, and aM w or that corporation settlement will be made nor release given by the undersi ed without th no etch undewsigned covsrwrhb and ?0r't the `"??" consent of the said Company and the pmeure and flu covenants "mF to txxtpaats fully with said Company in the prosecution of such claims, and to misli all Papm and documents` in the undersigned's possession, necessary in such proceedings and to mend court and waify if the Company deems such to be necesmy but it is understood the undersigned is to be saved harmless from vo" in Such proceedings. t t. T of mishi es and Agr o an 12. the "verse sWe hwwfOr attached hereto am trade a part of this InsRunMi. Wh2IveVr rof of any of its of this rights. blank blank or the preparation of proofs by a rvpmwntative of the above inavranoe company is not a wainy Sate of t1 t V% rN County of 4 irl!'f l ??`?, x . Su `bed and sworn to ore this (5, day of ? 20 I Ndb1R1At tIEJ1L !1111111 WEl:111A<rER Notary Public bM•332 (12-02) L0DMgR0WCf QC W Mir ColtMltlMen Sq*r a ftb a$, MW TOTAL P.03 •FEB-24-2006 11:06 MANAGING PARTNERS F N mroxr- P.02 .KW SWOR14 STATEMM it raoor plr Lou AND SUBROGATION AGRETEItt1ENT -- 01 If Af I AMT. F I.iCY AT TIME dP LO S DATE iSSL'BQ OATS BJt To do By the above policy you against Ives by 01 1. Time and OrMn A on 0 day 2. Oecftpa11cyt The W11ding described, or cot fbilowk and fbr no odwr purpose whautver: 3. 79tk aqd Inurast: At ft time of the lose t do/doIf677, POLICY NUMBER lE'mwg. LW AQVXY AT JCW 41 #.S lAld AGENT tar (lA6urer) ? NAAk. to the property dandbad under Schedule "A occurred about the hour of o'clock _ .M., . The 9811510 and origin of the loahdss wom: En • -- -- ---°_ ^........w u,v p,vF-ray udtcnum inervin was thereon- crape: G N C . No other paraoa or parso »s had any iMM$t therein or incumbaan, 4. Cha"my: $kion the said policy was issued thety has been no assigme10nt tlerepf, or an Oft po"Mion, location or exposers of the Property described, exc * est. as c, occupancy, opt Ni £1!G'!EJ/+'gAI.S 5. Total lntrara- The total amount of insurenoe upon the prppetty described by this policy was, at die titrae of the loss. . r, a yr??„` , err more patticululY specified in the apportionment. St Aedule C". besides which thel* was no policy or other contract of insumnoe. written Or 0`01. -41W or itivalid. under (Fu(l replacement cast figures to be inserted only whey Full Replacement Cost Actual Cash Vslue considered in the adjustment) ti. Value of said property at time of lose 7. The wWc lose and der ap was ......................... •m )m1?a 7j.? ,d'?r??R7 - Pv a. The amount (IM led. or $ ) clammed under this lioy is ` . 9. The said toss did not otiginate by any era. design or pnocumment on the (tart has been done by or with the your " a ?Wtod, ur this ail'iant: frothing privity or oonsad of yoh? imla11rad or this aPlmane, to violate the conditim of the policy, or rattier it void: no articles are mentioned herein or in anrA%W mi eduies but such a• w the time of said loss: no property saved has in any manner beet concealed, and no attempt reive the d company, as to the extent of Said hue. has in any manner been made. Any other information that be requited will he tti niched and considered a part of this proof. may 10• in cmidarati*n of and to the extent of said payment the undersigned hereby subrmptes raid CompW7 to all of the righto, claims and intarest which the underWV d may have apinst any party, persoma. peha0rhs, liable for the loss mentioned above, and suthoriaes the said Com PrO?' or coRloradon undetsi pally to hhue. compromise. or settle in the gned's Rwm, Or Otherwise all such claims and to wftuta and sign releases and acquittances mind indorse cheeks or drafts given in mttlemcnt of such claims in the maim; of the undersigned, with the seen { e and epr? as if the undersigned narecuted or endorsed theft. Wartanled no settlement has bean made by the undamped with any pally. pogo", 1 apminst whom a claim may lie. and rho rokape has been Bih? 10 Properly or eoryorauc settlement will be made nor release given by "a undemigib ? h?l?ible for the test, and that no such undersigned Covcrhmis and m to ed without the written cotunt of the said Company and the prncurh and fvrnisgh all cooperrate fully with said Compety in the prusmution of such claims, and to attend court and fs_stify i?CompanY Gems such to be ec eier s Possesstorti necessary in such Prrr endings and to harmless from mats in such proceedings. lacy but it is understood the undersigned is !b be saved 11. The statoricr?ts and agreements on the revmera side hereof or attached hereto she Made a part of this insertrmermt. 12. The furnishing fits this blank or the preparation of proofs by are Presentativc of the above fn"Mce company is not a waiver of any at its rights. soft of Pennsu I u ,i Cj- _ County of?? ?( Subscrm and Sworn to before this 47 ?f day o/f? DM 52 02-M02) a ou - t Notary Public IRlIAOliR10B0114t.t1COIMIY * Catnnrlnlan 4 tom! ft. !0011 VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, I may be subject to criminal penalties. Raymond Grandon, Jr. F: \FILES\DATAFI LE\Donega13050\Curtent\407\407. com I 0 v Q ? b {} O -i Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs RAYMOND C. GRANDON and NANCY K. GRANDON, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 629 CIVIL TERM V. MELVIN PERKINS, Defendant TO: MELVIN PERKINS, DEFENDANT CIVIL ACTION- LAW NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the ?1 pe- day of 2007, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $25,571.39, plus interest and costs of suit as prayed for in the Complaint for failure to file an Answer to Plaintiffs' Complaint. Date: h a 8 a by 7 /4 P Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Melvin Perkins 308 Hummel Avenue, 2" Floor Lemoyne, PA 17043 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs RAYMOND C. GRANDON and NANCY K. GRANDON, Plaintiffs V. MELVIN PERKINS, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 629 CIVIL TERM CIVIL ACTION- LAW PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiffs and against Defendant in the amount of $25,571.39, plus interest and costs of suit as prayed for in the Complaint, for failure to file an Answer to Plaintiffs' Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, on March 12, 2007, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By S 12-- Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Dated: 3 -Z$ --61 Christopher E. Rice, Esquire I. D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs RAYMOND C. GRANDON and NANCY K. GRANDON, Plaintiffs V. MELVIN PERKINS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 629 CIVIL TERM CIVIL ACTION- LAW Defendant IMPORTANT NOTICE TO: MELVIN PERKINS DATE OF NOTICE: March 12, 2007 308 Hummel Avenue, 2nd Floor, Lemoyne, PA 17043 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR 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. DAMAGES WILL BE ASSESSED AGAINST YOU IN THE AMOUNT OF THE REPAIR ESTIMATE UNLESS YOU FILE A WRITTEN PRAECIPE WITHIN TEN (10) DAYS REQUESTING A TRIAL ON DAMAGES. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES ByL- ""'G- S Christopher E. Rice, Esquire Attorneys for Plaintiffs Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs RAYMOND C. GRANDON and NANCY K. GRANDON, Plaintiffs V. MELVIN PERKINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 629 CIVIL TERM : CIVIL ACTION- LAW AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant above named is not in the military service ofthe United States of America, that he has knowledge that the said Defendant is now living at: 308 Hummel Avenue, 2' Floor, Lemoyne, PA 17043. Said Defendant's place of employment is unknown. Christopher E. Rice, Esquire Sworn to and subscribed before me this day of 1?'1 ar`?6 , 2007. 0, , (??- 4?4w) TL Notary ublic OMMONWEALI'H OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Soro, Cumberland County My Commimlon Expires Aug. 18, 2007 Member, Pennsylvania Association of Notaries Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs RAYMOND C. GRANDON and NANCY K. GRANDON, Plaintiffs : NO. 07 - 629 CIVIL TERM V. MELVIN PERKINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON, DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiffs in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant was given to him by mail on March 12, 2007. Christopher E. Rice, Esquire Sworn to and subscribed before me this day of arc-> , 2007. LA ' z Vt ? Not ublic , C MUNWEALiH UI• PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 18, 2007 Member, Pennsylvania Association of Notaries CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Melvin Perkins 308 Hummel Avenue, 2°d Floor Lemoyne, PA 17043 MARTSON LAW OFFICES By_ t4Q A Ql? Mary rice Ten Eas High Street Carlisle, PA 17013 (717) 243-3341 Dated: 3 1x)4 n ? r> <<J CD l3J q.: p. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00629 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GRANDON RAYMOND JR ET AL VS PERKINS MELVIN VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PERKINS MELVIN the DEFENDANT , at 1809:00 HOURS, on the 12th day of February-, 2007 at 308 HUMMEL AVENUE 2ND FLOOR LEMOYNE, PA 17043 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 42.24 Postage .39 Surcharge 10.00 R. Thomas Kline .00 70.63,/ 02/13/2007 ;0 MDW&O Sworn and Subscibed to By: before me this day Deputy h riff of A.D.