HomeMy WebLinkAbout03-0197 IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RENEE RANERI
Plaintiff
Vs.
KIMBERLY WAGNER and
MICHAEL NEAL W~AGNER and
LEWIS SHISTLE,
Defendants
NOTICE
NO.
CIVIL ACTION - LAW
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Bruce D. Foreman, ~qu,~
Atty. ID #21193
4409 North Front Street
Harrisburg, PA 17110-1709
(717) 236-9391
Attorneys for Plaintiff
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
IN THE COURT OF cOMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RENEE RANERI
Plaintiff
Vs.
KIMBERLY WAGNER and
MICHAEL NEAL WAGNER and
LEWIS SHISTLE,
Defendants
NO.
NOTICIA.
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800)990-9108
NICHOLAS & FORE~, P.C.
Atty. ID #21193
4409 North Front Street
Harrisburg, PA 17110-1709
(717) 236-9391
Attorneys for Plaintiff
Le han demandado a Usted en la corte. Si Usted quiere defenderse de estas demandas expuestas
en las paginas siguientes, Usted tiene viente (20) dias de plazo al partir de la fecha de la demanda
y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y
archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su
personal. Sea avisado que si Usted no se defiende, la torte tomara medidas y puede entrar una
orden contra Usted sin previo aviso o notificacion Y por cualquier queja o alivio que es pedido cn
la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes para Usted. LLEVE ESTA DEMANDA A UN ABOGADO 1NMEDATAMENTE-
SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC1NA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CON SEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
CIVIL ACTION - LAW
IN THE COURT OF coMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RENEE RANERI
Plaintiff
Vs.
KIMBERLY WAGNER and
MICHAEL NEAL WAGNER and
LEWIS SHISTLE,
Defendants
CIVIL ACTION - LAW
cOMPLAINT_
AND NOW, comes the Plaintiff, Renee Raneri, by and through her attorneys,
Nicholas & Foreman, P.C., and files the instant Complaint, and in support thereof, avers
as follows:
1. Plaintiff, Renee Raneri, is an adult individual hvmg at 30 Bnndle Court,
Newberrytown, Pennsylvania, 17370.
2. Defendants, Kimberly Wagner and Michael Neal Wagner and Lewis
Shistle are adult individuals residing at 94 Poplar Avenue, New Cumberland,
Cumberland County, Pennsylvania, 17070.
3. Defendant, Lewis Shistle, is an adult individual residing at 58 Oliver
Road, Louis park, Enola, Cumberland County, Pennsylvania, 17025.
4. On or about September 18, 2002, Plaintiff, as Landlord and Defendants, as
Tenants, entered into a Lease whereby Landlord leased to Tenants who agreed to lease
from Landlord and pay rent for the property located at 94 Poplar Avenue, New
Cumberland, pennsylvania, 17070. A true and correct copy of the said Lease is attached
hereto, marked Exhibit "A", and made a part hereof by reference thereto.
5. Pursuant to Paragraph 5 of the aforesaid Lease, rent was to be paid in the
total sum of Twelve Thousand Seven Hundred Forty and 00/100 ($12,740.00) Dollars,
per year, at the rate of One Thousand Fifty and 00/100 ($1,050.00) Dollars, per month, on
or before the first day of each month.
6. pursuant to Paragraph 5 of the aforesaid Lease, Tenants' rent was more
than five (5) days late, a ten (10%) percent late charge of One Hundred Five and 00/100
($105.00) Dollars, was required from Tenants.
7. Further, as set forth in paragraph 13.B. of the aforesaid Lease, the Tenants
agreed not to disturb the peace and quiet of any other occupants of the building.
$. Pursuant to the aforesaid Lease, paragraph 14 in the rules, regulations and
special clauses, the Plaintiff reserved the use of the basement for storage and occasional
sewing.
9. Plaintiff was a professional seamstress which was known to Defendants
and in further recognition of the reservation of the use of the basement, the Plaintiff
agreed to pay $60.00 per month toward the electrical bill, an amount not }ust for storage
but reflective of commercial sewing.
10. Pursuant to Paragraph 23 of the aforesaid Lease, the Defendants violate
and breach the [,ease if they do not pay rent when due or fail to do anything else required
by the Lease.
11. Plaintiff has given notice of breach and Notice to Quit to the Defendants
but the Defendants have failed and refused to leave. A true and correct copy of the
Notice to Quit is attached hereto, marked Exhibit "B", and made a part hereof.
12.
Defendants have violated the Lease by breaching the same as follows:
a. Failure to pay rent when due and specifically rent due on or before
January 1, 2003 and thereafter; and
Interference with the peaceful enjoyment by Plaintiff of her
reservation of the use of the basement area for storage and sewing.
13. As damages for violation of the Lease, Plaintiff is owed by Defendant,
rent in the amount of $10,640.00, being rent for the remainder of the Lease together with
late charges for the January rent in the amount of $105.00 or a total rental due of
$10,745.00.
WHEREFORE, Plaintiff respectfully requests judgment be entered in favor of
Plaintiff and against Defendants, jointly and severally, in the amount of $10,745.00,
together with continuing late fees for any rent not timely paid and costs of suit.
By:
Date: January ?~Q_, 2003
NICHOLAS & FOREMAN, P.C.
~rruce D. F~)reman, ~7~ITM
Atty. ID #2l 193
4409 North Front Street
Harrisburg, PA 17110-1709
(717) 236-9391
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS
cUMBERLAND coUNTY, PENNSYLVANIA
: NO.
RENEE RANERI :
Plaintiff
Vso
KIMBERLY WAGNER and :
MICHAEL NEAL WAGNER and :
LEWIS SHISTLE, :
Defendants
CIVIL ACTION - LAW
VERIFICATION
I verify that the statements made in this Pleading are true and correct, l
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904 relating to unsworn falsification to authorities.
Date: January _(22-, 2003
PA LICE'NSED B~I~KER ~
LIST1N~G BROKER (Co~pany) ~
p ..... ~ FAX f~ - ~'~ 3~
DE~ XGEN~ FOR LANDLORD (ir applicable)
RESIDENTIAL ~LEA~ i~tio, of RE ^R~ '~ LR
This form recommended and approved for, but not restricted to use by, the memoers ot the rennsylvan · __ ~
PA LICENSED BROKER
LEASING BROKER (Company)
ADDRESS_
PH _ FAX.
DESIGNATED AGENT FOR TENANT (if applicable)
Landlord agrees to rent to Tenant the following Property: ~ ~ ~-~t~ t)~ ~
is between
called "Tenant," and
called "Landlord."
"-'~~.~O~.~-~;ri~ 6F LEASd (also called "Term")
3. ST'A~RTING A[~lJl ~l~il$11.1~J Vax~S '] . ~ ~ -> --, , , -. .. , at 12 Noon.
tart~na Date' This Lease starts on ~ ,~<~. ~ -~ c:' ~
~. ~nd,ng Date. Th~s Lease ends on ~ _.-2~....¢:..~-~.~.)~ ~' c:)~ , at 12 Noon.
,~ 4. RENEWAL TERM
,~ wall automaticall renew for a te~ of ~ ' '( L~ -~ at the Ending Date nnless:
This Lease ' Y · ... .. '~', c ' - G~dino Ddt r belore tbe end of any Renewal Term, OR
, A. Ten g ~ ¢'~ - , -'-- ':-- t-efore Endin~ Date or before the end of any Renewal Term.
B. Landlord gives Tenant ~ days wlnte~ nottc~ u ~ . - '
~ C. For Month-to-Month Leases Only: Either Landlord or Tenant lnay end a monfl~-to-month Lease by Dwng 30 days
~ written notice on or before the day the next rent is tine.
' ~ F
~' A. The total amouRt of rent due over the term of this Lease is $ ~ ~9. ~
i~ B. The total rent due each month is
~ C. Rent is due on or before the ~ / '~ day of the month. $ /() ,.5'~ '?''
~0 D. Tenant pays a late charge of / d
..... ,~'. -[ tl~ days late
,~l if rent is more titan _~ ce~ ~? ~,~ ~ ' .- , /r } :~ ¢~ / ' 9 ~1
E Tenant makes payments to: ~~ C?'~C ,:2. :~=o ~t , ~.~ , . .-, ,.~ ~ .- ' '
Paid
A. Part of a month's rent if Tenant takes possession tmu~c s -
,:~ $ - $ v' ,5~ 5"D ~
z~i B. First monCh]s rent ~ $ _ $ ~ ~ .
:~ C. Other: ~'-~ .,/, ~:-d-~ ~ '
2~t p. SecnfiI~posit, o~ deposit at: _ ~ (nam~ o~ bank)
~t Total rent and security deposit received to date $ ~,
32 Total amount due before Tenant moves in
aa 7. USE OF PROPERTY
a.~ A. Tenant will use Property as a residence or ~/,
~s B. Not more than ~. people will live on property.
·a~ 8. UTILITIES AND SERVICES
~t A. Landlord will pay fnr ~ Trash removal
,a ~ Cold water ~ Hot water
~ Heat ~ Lawn and shrubbery care
a~ ~ Gas . ,-~ ~ Water costs over yearly charge
Electricity /O~ r~f c, ~ ';. ~ Snow removal
'~ Heater maihte'n~c~' ~a'~6~t~ Sewage costs and maintenance ~ Other
4 ~
B. Tenant will pay for
.,2 ~ Cold water ~ Hot water ~ .Trash removal
' Heat ~ Lawn and shrubbery care
4a ~' Gas
Water costs over yearly charge
~ Electricity ~ Snow remora
i~ ~' Heater maintenancecontract ~' Sewage costsandmaintenance ~ Other ~.//~,,, :, ("~ ~.~.~.
SPECIAL INSTRUCTIONS The Office ~f Attorney General has not pre-approved an s ~ci~l~o~dition~ ~r additional
Y P
.,~ terms added by any parties. Any special conditions or additional terms must comply with the Pennsylvania Plain Langnage
~ Consumer Contract Act.
sil 10. CONDITION OF PROPERTY
~i~ Tenant nnderstands that Landlord will make no repairs, additions, or changes to the property except as follows: J~/.~7 _
' women. Before renting pre-1978 housing, Landlords tnust disclose the presence of known lead-based paint and lead-based
paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention.
A. L~nd[o;d initial one:
,~ d.~,andl'ord does not know of any lead-based paint or lead-based paint hazards (dangers) on the Property;
OR
___ Landlord 'knows that there is lead-based paint, or that there are lead-based paint hazards on the Property.
Landlord must explain what Landlord knows about the lead-based paint and hazards, including l~ow Landlm'd
learned that it is there, where it is, and the condition of painted walls, trim and other surfaces. Laodlord must
give Tenant any other information Landlord has about the lead-based paint and lead-based paint hazards.
initial one:
andlord has no reports or records about lead-based paint or lead-based paint hazards on the Property;
R~2andlord has given Tenant all available records and reports about lead-based paint or lead-based paint hazards
on the Property. List records and reports:
67
?t
76
??
83
1U8
~ B7
1 Iii
1t~
116
12.
13.
14.
117
116
119
'1211
121
123
12,1
125
128
127
128
1;~8 15.
C. Tenant initial all that are true: as
Tenant received the pamphlet Protect Your Family Ftvm Lead in Your Home.
~ Tenant read the information Landlord gave in paragraph 11 (A) and (B) above.
_ Tenant received all records and reports that Landlord listed in paragraph 11 (B) above.
D. Landlord and Tenant certify, by signiug this Lease, that the information given is true to the best of their kuowledge.
RULES AND REGULATIONS
A. Rules for use of the Property are attached. ,.~ Yes [] No st
B. Tenant promises to obey the Rules.
C. Landlord cannot change the Rules uuless the change benefits the Tenant or improves the health, safety, or welfare of
others.
TENANT'S CARE OF PROPERTY
Tenant, ~lenant s family and guests agree to obey all laws and Rules that apply to Tenant.
A. Tenant will:
(1) Keep the Property clean and safe.
(2) Get rid of all trash, garbage and any other waste materials as required by Landlord and tbe law.
(3) Use care when using any of the electrical, plumbiug, ventilation or other facilities or appliances on the Property,
including any elevators.
(4) Tell Landlord immediately of any repairs needed. Landlord does not have to repair any damage caused by Tena ~t s
1112
willful, careless, or unreasonable behavior.
B. Tenant will not:
(1) Keep any flammable materials on the Property·
(2) Willfully destroy or deface any part of the Property.
(3) Disturb the peace and quiet of other tenants.
(4) Make changes to the property, such as painting or remodeling, without the written permission of Landlord. Tenant
understands that any changes or improvements will belong to the Landlord.
· 109
C. Repairs by Tenant: Tenant will pay to repair any item in or on the Property that costs less than $ t~'fl' O' d
Teuant also will pay to repair any damage to the Property or to any item in or on the Property that Tenant or Teuant's
guests cause through a lack of care. ~
LANDLORD WILL MAINTAIN PROPERTY
A. Landlord will keep the Property and common areas in reasonable condition and as required by law. ~
B. Landlord will keep all the structural parts of the Property in good working order, including:
Ceilings Roof Floors Walls tts
Steps Porches Windows Doors
C. Landlord will keep all systems, services, facilities, or appliances supplied by Landlord in safe and good working order, ~
including: Air Conditioning Sanitary Electrical Ventilation Drainage
Security Heating Water Heating Plumbing
D. Landlord will keep Property reasonably free of pests, rodents and insects· This does not apply if Property is a
single-family dwelling.
E. Landlord will supply utilities and services as listed in paragraph 8 (Utilities and Services) of this Lease, unless the
service is interrupted by circumstances beyond the Landlord's control.
F. Landlord cannot increase rents, decrease services, or threaten to go to court to evict Tenant because Tenant
(1) complains to a government agency or to Landlord about a building or housing code violation.
2) organizes or joins a Tenant's organization.
(3) uses Tenant's legal rights in a lawful manner. ~a,
LANDLORD'S RIGHT TO ENTER
...... ~ ~ ~AI~A ~r I ancllnrd'g renresentatives enter the Property at reasonable hours to inspect, repair, or
' women. Before renting pre-1978 housing, Landlords must disclose tile prese of known lead-based pfiidt and leg&based
paiat hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention.
L~ilt~,.C~I initial one:
]'~.f~&ndlbrd does not know of any lead-based paint or lead-based paint hazards (dangers) on the Property;
OR Landlord knows that there is lead-ba~ed paint, or that there are lead-based paint hazards on the Property.
--- Landlord most explain what Landlord lalows about the lead-based paint and hazards, including how Laudlord
learned that it is there, where it is, and the condition of painted walls, trim and other surfaces. Landlord must
give Tenant any other information Landlord has about tire lead-based paint and lead-based paint hazards.
67
76
78
~L~[gl~d initial one:
~ndlord has no reports or records about lead-based paint or lead-based paint hazards on the Property;
OR Landlord has given Tenant all available records and reports about lead-based paint or lead-based paint hazards :~
on the Property. List records and reports:
i 26
i21
~,~ 15.
C. Tenant initial all that are tme[ ( ~
___ Tenant received the pamphlet Protect Your Family From Lead in Your Home.
___ Tenant read the information Landlord gave in paragraph 11 (A) and (B) above.
___ Tenant received all records and reports that Landlord listed in paragraph 11 (B) above.
D. Landlord and Tenant certify, by signing this Lease, that tile information given is true to the best of their knowledge.
12. RULES AND REGULATIONS
A. Rules for use of the Property are attached. ,1~ Yes [] No
B. Tenant promises to obey the Rules.
C. Landlord cannot change the Rules unless the change benefits the Tenant or improves the health, safety, or welfare of
others.
13. TENANT'S CARE OF PROPERTY
Tenant, Tenant's family and guests agree to obey all laws and Rules that apply to Tenant.
A. Tenant will:
(1) Keep the Property clean and safe.
(2) Get rid of all trash, garbage and any other waste materials as required by Landlord and the law.
(3) Use care when using any of the electrical, plnmbing, ventilation or otber facilities or appliances on the Property,
including any elevators.
(4) Tell Landlord immediately of any repairs needed. Landlord does not have to repair any damage cansed by Tena ~t s
willful, careless, or unreasonable behavior.
B. Teuant will not:
(1) Keep any flammable materials on the Property.
(2) Willfully destroy or deface any part of the Property.
(3) Disturb'the peade and quiet of other tehant~. , , . ~
(4) Make changes to the property, such as painting or remodeling, without the written permission of Landlord. Tenant
understands that any changes or improvements will belong to the Landlord.
C. Repairs by Tenant: Tenant will pay to repair any item in or on the Property that costs less than $ ~'~9 ) ~:~
Tenant also will pay to repair any damage to the Property or to any item in or on the Property that Tenant or Tenant's
guests cause through a lack of care.
14. LANDLORD WILL MAINTAIN PROPERTY
A. Landlord will keep the Property and common areas in reasonable condition and as required by law.
B. Landlord will keep all the structural parts of the Property in good working order, including:
Ceilings Roof Floors Walls
Steps Porches Windows Doors
C. Landlord will keep all systems, services, facilities, or appliances supplied by Landlord in safe and good working order,
including:
Air Conditioning Sanitary Electrical Ventilation Drainage
Security Heating Water Heating Plumbing
D. Landlord will keep Property reasonably free of pests, rodents and insects. This does not apply if Property is a
single-family dwelling.
E. Laudlord will supply utilities and services as listed in paragraph 8 (Utilities and Services) of this Lease, unless the
service is interrupted by circumstances beyond the Landlord's control.
F. Landlord cannot increase rents, decrease services, or threaten to go to court to evict Tenant because Tenant
(1) complains to a government agency or to Landlord about a building or housing code violation.
(2) organizes or joins a Ten .ant's organi~z~tion.
(3) uses Tenant's legal rights in a lawful manner.
LANDLORD'S RIGHT TO ENTER
~- ............ ~ lot I ancllc~rcl c~r J .ancllord',q renresentatives enter the Property at reasonable hours to inspect, repair, or
17.
18.
19.
~t~'~ 20.
{ ii l
i/ii 22.
i;?
1~2
E. When Tenant moves fronr the Property, Tenant will return all keys and give Landlord written notice of Tenant's mail-
ing address where Landlord can return the security deposit.
F. Landlord will prepare a list of charges for damages and unpaid rents. Landlord may de'duct these charges frmn the
secdrity deposit. Landlord must return security deposit and interest (minus any charges to Tenant) within 30 days. 1.40
POSSESSION
A. Tenant may move in (take possession of the Property) on the Starting Date of this Lease.
B. If Tenant cannot move ill because previous tenant is still there or because of property damage, Tenant can
(1) change the starting date of the Lease to the day when Property is available. Tenant will not owe rent until Property ~sa
15,1
is available; OR
(2) end tile Lease and have all money already paid as rent or security deposit returned.
RENT INCREASES
A. If tile Lease is for a term of more than one year, Tenant agrees to pay Tenant's share of any increase in real estate taxes
and water and sewer charges.
B. If Tenant's actions cause an increase in property insurance, Tenant will pay the amount of the increase.
160
NO PETS 's
Tenant will not keep any pets on any part of the Property without Landlo'd written permission.
SMOKE DETECTORS
A. Tenant will maintain and test (monthly) any smoke detectors on the Property.
B. Tenant will notify Landlord or broker for Landlord of any broken smoke detector(s).
C. Tenant will pay for any damage to Property if Tenant fails to maintain smoke detectors.
FIRE OR OTHER DAMAGE
A. If the Property is accidentally damaged (fire, flood, etc.):
(1) Tenant may continue to live on the livable part of tile Property and pay a reduced rent as agreed to by Tenant and
Landlord until the damages are repaired; if the law does not allow Tenant to live on tire Property, then tiffs Lease
is ended; OR
(2) If it is not possible for Tenant to live on the Property, Tenant must notify Landlord immediately that Lease is ended
and move out within 24 hours.
B. If Lease is ended, Landlord will return airy unused security deposit or advanced rent to Tenant. ri';~
C. If Tenant, Tenant's family or guests cause damage by fire or by other means, tiffs Lease will remain in effect and Tenant ~;
will coutinue to pay rent, even if Tenant cannot occupy tire Property.
AFTER NOTICE TO END LEASE
A. After Tenant or Landlord has given written notice to end this Lease, Landlord may show Property to possible tenants.
Landlord will not show Property unless Tenant is there or has a reasonable chance to be there. Tenant does not have
to allow possible tenants to enter unless they are with the Landlord or Landlord's representative, or unless they have
written permission from the Landlord.
B. Landlord may put up For Sale or For Rent signs on or near Property.
C. Tenant agrees to move out peacefidly when Lease is ended.
IF TENANT BREAKS LEASE:
A. Tenant breaks this Lease if:
(l) 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 do anything Tenant agreed to ill this Lease.
B. Non-Paynrent of Rent: If Tenant breaks Lease by not paying rent or other charges, Landlord cannot evict Tenant
(force Tenant to move out) froul the Property withont a written notice. Tenant agrees that a written up:ice of FIVE
DAYS is sufficient. This means that if Tenant has not moved from the Property before the sixth day after Landlord has
given Tenant written notice, Landlord can file a lawsuit to evict Tenant. ~'
TENANT IS WAIVING OR GIVING UP TENANT'S RIGHT TO A LONGER NOTICE TO MOVE OUT. ~:
C. Other Lease Violations: If Tenant breaks any other term of this Lease, Landlord must give Tenant written notice
describing the violation and giving Tenant FIVE DAYS to correct the problem. If Tenant does not correct the problem,
Landlord can then give Tenant FIVE DAYS' written notice to move from the Property. If Tenant does not move out,
Landlord can file a lawsuit to evict Tenant on the sixth day.
TENANT IS WAIVING OR GIVING UP TENANT'S RIGHT TO LONGER NOTICES TO CORRECT
PROBLEMS AND TO MOVE OUT.
D. If Tenant Breaks Lease for Any Reason, Landlord may:
(l) Get back possession of the Property by going to court to evict Tenant. If Landlord hires a lawyer to start
eviction, Tenant agrees to pay the lawyer's fees aad Landlord's reasonable costs.
(2) File a lawsuit against Tenant for rents and charges not paid and for rents and charges for the rest of the Lease
:erin. If Landlord wins (gets a money judgment against Tenant), Landlord can use the conrt process to take
Tenant's personal goods, furniture, nrotor vehicles, and money in banks.
(3) Keep Tenant's Security Deposit.
2117
20~
SALE OF PROPERTY
A. If Property is sold, on the date of settlement, Landlord will give Tenant in writing:
t I \ Th~ nan~ atlclre~R and nhone ntnnber of tile new landlord.
[4ti
~ 17.
· ~s~18.
19.
20.
22.
23.
I ~4
rD7
~ 24.
' E. When Tenant moves from the Property, Tenant will return all keys and give Landlord written notice 0f Tenant's mail-
ing address where Landlord can return the security deposit.
F. Landlord will prepare a list of charges for damages and unpaid rents. Landlord may deduct the§e charges from the
security depbsit. Landlord must return security deposit and interest (mijaus any charges to Tenant) within 30 days.
POSSESSION
A. Tenant may move in (take possession of the Property) on the Starting Date of this Lease.
B. If Tenant cannot move in because previous tenant is still there or because of property damage, Tenant can
(1) change the starting date of the Lease to the day when Property is available. Tenant will not owe rent until Property
is available; OR
(2) end the Le~ase and have all money already paid as rent or security deposit returned.
RENT INCREASES
A. If the Lease is for a term of more than one year, Teuant agrees to pay Tenant's share of any increase in real estate taxes
and water and sewer charges.
B.If Tenant's actions cause an increase in property insurance, Tenant will pay the amount of the increase.
NO PETS
Tenant will not keep any pets on any part of the Property without Landlord's written permission.
SMOKE DETECTORS ~> , I, , . .
A. Tenant will maintain and test (monthly)tany smoke detectdrs On the ProperS'. ! "
B. Tenant will notify Landlord or broker for Landlord of any broken smoke detector(s).
C. Tenant will pay for any damage to Property if Tenant fails to maintain smoke detectors.
FIRE OR OTHER DAMAGE
A.
If the Property is accidentally damaged (fire, flood, etc.):
(1) Tenant may continue to live on the livable part of the Property and pay a reduced rent as agreed to by Tenant and
Landlord until the damages are repaired; if the taw does not allow Tenant to live on the Property, then this Lease
is ended; OR
(2) If it is not possible for Tenant to live on the Property, Tenant must notify Landlord immediately that Lease is ended
and move out within 24 hours.
B. If Lease is ended, Landlord will return any unused security deposit or advanced rent to Tenant.
C. If Tenant, Tenant's family or guests cause damage by fire or by other means, this Lease will remain in effect and Tenant
will continue to pay rant, even if Tenant cannot occupy the Property.
AFTER NOTICE TO END LEASE
A. After Tenant or Laudlord has given written notice to end this Lease, Landlord may show Property to possible tenants.
Landlord will not show Property unless Tenant is there or has a reasonable chance to be there. Tenant does not have
to allow possible tenants to enter unless they are with the Landlord or Landlord's representative, or unless they have
written permission from the Landlord.
B. Landlord may put up For Sale or For Rent signs on or near Property.
C. Tenant agrees to move out peacefully when Lease is ended.
IF TENANT BREAKS LEASE:
A. Tenant breaks this Lease if:
(1) Tenant does not~paS'reht ~ ~ '~ ~
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 do anything Tenant agreed io in this Lease.
SALE OF PROPERTY
A. If Property is sold, on the date of settlement, Landlord will give Tenant in writing:
(1) The name, address, and phone number of the new landlord.
B. Non-Payment of Rent: If Tenant breaks Lease by not paying rent or other charges, Landlord cannot evict Tenant
(force Tenant to move out) from the Property without a written notice. Tenant agrees that a written notice of FIVE
DAYS is sufficient. This means that if Tenant has not moved from the Property before the sixth day after Landlord has
given Tenant written notice, Landlord can file a lawsuit to evict Tenant.
TENANT IS WAIVING OR GIVING UP TENANT'S RIGHT TO A LONGER NOTICE TO MOVE OUT.
C. Other Lease Violations: If Tenant breaks any other term of this Lease, Landlord must give Tenant written notice
describing the violation and giving Tenant FIVE DAYS to correct the problem. If Tenant does not correct the problem, ~,~
Laudlord can then give Tenant FIVE DAYS' written notice to move from the Property. If Tenant does not move out,
Landlord can file a lawsuit to evict Tenaut on the sixth day.
TENANT IS WAIVING OR GIVING UP TENANT'S RIGItT TO LONGER NOTICES TO CORRECT
PROBLEMS AND TO MOVE OUT.
D. If Tenant Breaks Lease for Any Reason, Landlord may:
(1) Get back possession of the Property bY going to court tO evict Ten,ant. If Landlord hires a lawyer to start
eviction, Tenant agrees to pay the lawyer's fees and Landlord's reasonable costs. 202
(2) File a lawsuit against Tenant for rents aud charges not paid and for rents and charges for the rest of the Lease 203
term. If Landlord wins (gets a money judgment against Tenant), Landlord can use the court process to take
Tenant's personal goods, furniture, motor vehicles, and money in banks.
(3)Keep Tenant's Security~Deposit. ,.i ..... .~
' 226
24o
2dr
21t. l
26:
27.
28.
29.
~4 30.
2{i2
212
218
SUBLEASING AND TRANSFER
A. Landlord may transfer this Lease to another landlord. Tenant agrees that this Lease remains the same with the new
22a
landlord.
B. Tenant may hot transfer this Lease or sublease (rent to another person) this Property without Landlord's written per-
nfission. Landlord will be reasonable about giving written permission.
TENANT ItAS FEWER RIGHTS THAN MORTGAGE LENDER Landlord may have a mortgage on the Property. If
so, Landlord agrees to make the mortgage payments. The rights of the mortgage lender come before the rights of the Tenant.
(Example: If Landlord fails to make mortgage payments, the mortgage lender could take the Property and end this Lease.)
TENANT MAY BE WAIVING OR GIVING UP TENANT'S RIGHTS. TENANT UNDERSTANDS THAT IF
TItERE IS A FORI~CLOSURE, THE NEW OWNER WILL HAVE THE RIGHT TO END THIS LEASE.
BROKERS (1-00) The Business Relationships between the Broker(s) and Landlord and Tenant are as follows, UNLESS a
different relationship is checked below.
A. The Listing Broker is Agent for Landlord.
B. The Leasing Broker is Agent for Tenant.
C. When the Listing Broker and Leasing Broker are the same, the Broker is a Dual Agent. Dual Agency applies to all
licensees, UNLESS there is a Designated Agent(s) for Landlord and a Designated Agent(s) fol' Tenant. If the sanre
Licensee is designated for Landlord and Tenant, the Licensee is a Dual Agent.
A Business Relationship exists that is different from above, as follows:
[] The Leasing Broker is the Agent/Subagent for Landlord.
[] The Leasing Broker is a Transaction Licensee.
[] The Listing Broker is a Transaction Licensee.
D. Broker(s) may perform services to assist nnrepresented parties in complying with the terms of this Agreemeut.
MEDIATION
A. Mediation is a way of resolving problems. A mediator helps the disputing parties reach an agreeable solution withont
having to involve the courts.
B. Landlord and Tenant may agree to take any disputes arising fi'om this Lease to a mediation program offered by the local
association of REALTORS® or to another mediator. Landlord and Tenant can agree to mediation as part of this Lease
(by signing a mediation form to attach to this Lease), or they can sign an agreement to mediate after a dispute arises.
INSURANCE AND RELEASE
A. Tenant understands that
(l) LANDLORD'S INSURANCE DOES NOT COVER TENANT, TENANT'S PROPERTY, OR GUESTS.
(2) TENANT SHOULD HAVE FIRE & LIABILITY INSURANCE TO PROTECT TENANT, TENANT'S
PROPERTY AND GUESTS WHO ARE INJURED WHILE ON THE PROPERTY.
B. Landlord is not legally responsible for any injury or damage that occurs on the Property and Tenant agrees to pay any
loss or claim, including attorney's fees, that results from the damage or injury.
C.Landlord is responsible for any injury or damage that results from Landlord's carelessness.
D.Tenant is responsible for any loss to Landlord that Tenant, Tenant's family or guests cause.
31. CAPTIONS The headings in this Lease are meant only to make it easier to find the paragraphs.
32. CONSUMER NOTICE Tenant and Landlord have received the Consumer Notice as adopted by the State Real Estate
Comlnission at 49 Pa. Code §35.336.
33. ENTIRE AGREEMENT This Lease is the entire agreement between Tenant and Landlord. No spoken or written agree-
merits made before are a part of this Lease unless they are included in this Lease.
NOTICE BEFORE SIGNING: IF TENANT HAS LEGAL QUESTIONS, TENANT IS ADVISED TO CONSULT AN ATTORNEY.
WITNESS
Tenant's Mailing Address
Phone Number(s)
WITNESS
Tenant's Mailing Address
Phone Number(s)
WITNESS
Tenant's Mailing Address
Phone Number(s)
FAX # ~, ,.~ E-Mail
TENANT [/~tx~ L~(t~,~
~ SS ~
DATE
FAX # , ,
~ 2x¢ -~_t~wO .- ss #
E-Mail
FAX # f'~ .--~
WITNESS LANDLORD ~ t~ 4.t.x_l,_ ~' I~.[x ;~ _
Landlord's Mailing Address V, I.h~ &,~Ek c_ (3-~
Phone Number(s) - ' F~ g .... E-Mail
WITNESS LA~LO~
E-Mail
DATE
DATE
DATE
Brokers'/Licensees' Certifications
Brokers and Licensees involved in the transaction certify, by signing here that: (l) The information given is tree to the best of their knowledge.
(2) They have told Landlord of Landlord's responsibilities under the Residential Lead-Based Paint Hazard Reduction Act aaa
(42 U.S.C. §4852d), described in the Lead Hazard Disclosure Requirements above. Br°kers and Licensees must make :os
26. ' SUBLEASING AND TRANSFE
27.
A. Landlord may transfer this Lease to another landlord. Tenant agrees that this Lease remains the same with the new
landlord.
B. Tenant may n'ot transfer this Lease or sublease (rent to another person) this Property without Landlord's written per-
mission. Landlord will be reasonable about giving written permission.
TENANT tlAS FEWER RIGHTS THAN MORTGAGE LENDER Landlord may have a mortgage on the Property. If
so, Landlord agrees to make the mortgage payments. The rights of the mortgage lender come before the rights of the Tenant.
(Example: If Landlord fails to make mortgage payments, the mortgage lender could take the Property and end this Lease.)
TENANT MAY BE WAIVING OR GIVING UP TENANT'S RIGHTS. TENANT UNDERSTANDS THAT IF
THERE IS A FORECLOSURE, THE NEW OWNER WILL HAVE THE RIGHT TO END THIS LEASE.
28. BROKERS (1-00) The Business Relationships between tile Broker(s) and Landlord and Tenant are as follows, UNLESS a
different relationship is checked below.
A. The Listing Broker is Agent for Landlord.
B. The Leasing Broker is Agent for Tenant.
C. When the Listing Broker and Leasing Broker are the same, the Broker is a Dual Agent. Dual Agency applies to all
liceusees, UNLESS there is a Designated Agent(s) for Landlord and a Designated Agent(s) fo,- Tenant. If ,be same
. Licensee is designated for La0dlord.. ant~ Tenant,, the. Licensee. is a Dual Agent.
A Business Relationship exists thfit is different from abo've, as follows:
[] The Leasing Broker is the Agent/Subagent for Laudlord.
[] The Leasing Broker is a Transaction Licensee.
[] The Listing Broker is a Transaction Licensee.
D. Broker(s) may perform services to assist unrepresented parties in complying with the terms of ,bis Agreement.
29. MEDIATION
A. Mediation is a way of resolving problems. A mediator helps the disputing parties reach an agreeable solution withont
having to involve the courts.
B. Landlord and Tenant may a[,ree to take any disputes arising from this Lease to a mediation program offered by tile local
association of REALTORS~* or to another mediator. Landlord and Tenant can agree to mediation as part of this Lease
(by signing a mediation form to attach to ,bis Lease), or they can sign an agreement to mediate after a dispute arises.
30. INSURANCE AND RELEASE
A. Tenant understands that
(1) LANDLORD'S INSURANCE DOES NOT COVER TENANT, TENANT'S PROPERTY, OR GUESTS.
(2) TENANT SHOULD HAVE FIRE & LIABILITY INSURANCE TO PROTECT TENANT, TENANT'S
PROPERTY AND GUESTS WHO ARE INJURED WttILE ON THE PROPERTY.
B. Landlord is not legally responsible for any iojury or damage that occurs on tile Property and Tenant agrees to pay any
loss or claim, including attorney's fees, that results from the damage or injury.
C. Landlord is respousible for any injury 02' damage that results from Landlord's carelessness.
D. Tenant is responsible for any loss to Landlord that Tenant, Tenant's family 02' guests cause.
CAPTIONS The headings in this Lease are xneant only to make it easier to find tbe paragraphs.
CONSUMER NOTICE Tenant and Lmadlord have received the Consumer Notice as adopted by the State Real Estate
Com~nissisn at 49, Pa. Cod[: {}35.336. '~ '~.. .' ~ ~' ~ ~ ~ ~'~
ENTIRE AGREEMENT This Lease is the entire agreement between Tenant and Landlord. No spoken or written agree-
ments made before are a part of this Lease nnless they are included in this Lease.
NOTICE BEFORE SIGNING: IF TENANT HAS LEGAL QUESTIONS, TENANT IS ADVISED TO CONSULT AN ATTORNEY.
31.
32.
~ia 33.
261
~11
272
2112
281
WITNESS
Tenant's Mailing Address
Phone Number(s)
WITNESS
Tenant's Mailing Address
Phone Number(s)
WITNESS
Tenant's Mailing Address
Phone Number(s)
WITNESS
La ldlord s Mathng Address ~,.)
Phone Number(s)
WITNESS
TENANT I&}q(¢{~I/LLb(''-SS # DATE
TENANT ttX[' ....
L.,..}?.~ . ~'~/~ 1 DATE
SS #
FAX # .' ... ; ~ ~. ~) E-Mail
Tl~i~: !,':?c~:~o ~-[~'t~ ,.~Vt DATE
F~ ~ E-Mail
LANDLO~ DATE
281
Brokers'/Licensees' Certifications
Brokers and Licensees involved in the tran.saction cert.![y, by signing here that: (1) The information given is true to the best of their knowledge.
(2) They have told Landlord of Landlord's responsibilities under the Residential Lead-Based Paint Hazard Reducti°n Act
(42 U.S.C. §4852d), described in the Lead Hazard Disclosure Requirements above. Brokers and Licensees must ~nake
RULES ~ tl]BGULATIO]~{S ~ ~D SPIBCI]kI, CL~US]BS
~aa,:hecl items are a part of the [[ease for (Property Ad¢t~ess)
II1 - PET CLAUSE - (SEPARATE FORM)
I[1 112 - MILITARY CLAUSE - (SEPARATE FORM)
~[] ]]3 - OIL TANK CLAUSE
Tenant agrees that oil tank is full. at start' of lease
and Tenant upon ending date will have tank at same level.
Tenant agrees to buy oil from
[.I 1t4 - PROPERTY FOR SALE CLAUSE
i. andlord shall have the right during reasonable hours and
weekends with 24 hou'rs notice tO show said property for sale,
provided that a buyer is with a licensed real estate agent.
Lock hex and sign are to remain on the property during the term
of ~he Iisting contract.
~ ][5 -FIREP~CE CLAUSE
Fi]:eplace will be inspected and/or cleaned prior to start date
of lease. Tenants agree to have fireplace inspecte~ and/or
cleaned within one month of ending date and provide a copy of
inspec:ion of fireplace.
]6 - LAWN CARE .CLAUSE
Lawn care is described as cutting grass once a week, edging and
weeding flower beds and shrubbery tri~]ing.
[[ ~[7 - IIOMEOWNERS AoSOCIArlON - LAWI<~ & SNOW
']'he Homeowners Association is responsible for lawn care and snow
removal. Neither the Owner/Landlord nor Jack Gaughen Property
Management is responsJbl~ for these services.
[~ ~[8 - MO SMOKING CLAUSE
Tenauts agree not to allow smoking inside the house at anytime
y themselves or Guest.
~f9 - GUA~TOR CLAUSE
/ I (We) do agree to be responsible for the true and faithful
pe~-.fo]m~ance of the ].ease ho the Landlord on the part of the
na,,ed tenant(s) and. I (we) do guarantee any and all sums due to
LandIc)k~d thereunder. This guarantee shall be in effect for the
te~m of tJ~e ].ease.
~[ ,,i0 - RENT P~YM~NT CLAU~
e m~][~y rental payment will_ be paid with one check.
[] ][11 - HARDWOOD FLOORS CLAUSE
Tenant agrees to protect the hardwood floor(s) by covering 80%
with area rugs and hallway runners. ..
~] ~[12 - WELL WATER TREATMENT CLAUSE
Tenant wi].l buy and use the salt supply for the water softener.
Any da~nage from discontinuing use of water softene~ will be
charged to the Tenants.
'{~13 - BARKING DoG CI~USE
Tenant agrees that if the dog's barking disturbs the neighbors,
Tenant shall in~ediately remove same from premises,
~14 -. ADDITIONAL SPECIAL CLAUSES
RUr.~..~, REGULATIONS ~ AND SPECIAL CLAUSES
TENANT (S ~ .,,'/", '~' //
%1. PET CLAUSE
DESCRIPTION OF PET(S) PERMITTED BY LANDLORD:
Landlord agrees to allow the Tenant(s) to have the pet(s) listed above and the
Tenant(s) agrees:
1. To keep pet under control at all times and not to permit
pet to run loose.
To immediately'clean up any messes made by pet either
inside or outside the premises.
To not permit pet(s) to become a nuisance or to disturb other
residents. Tenant(s) agrees that if the pet(s) barking disturbs
any of the neighbor, Tenant(s) must immediately remove the pet(s)
from the property.
To olean premises and have carpets professionally
shampooed, professionally deodorized, and professionally
exterminated and to provide receipts for above services
at expiration of lease.
To be fully responsible for any damages and legal liability caused
by pet(s). All damages will be repaired and/or replaced at the
expense of the Tenant(s) even though the damages exceed the pet
deposit.
To comply with all municipal ordinances now in effect or
which may be enacted during the lease term or any
extension thereof.
If pet dies or is otherwise disposed of, Tenant will not
acquire or replace another pet without prior written
consent of Landlord.
LANDLORD:
MANAGING AGENT:
DATE:
DA~E:
DATE:
'ADDITIONAL TER~4S & SPECIAL CONDITIONS OF LEA~E ·
AUTHORIZED OCCUPA~, T~
NOt more than ~ people will live on property. List all names
here:
Guests are permitted.
TENANT UTILITIES
Heat is: ~'~6~C~ ~
Hot Water is:.~c~
Electricity is:
Cooking is: ~
Water is:
Sewer is:
Trash removal is:
Association Fee
Filter replacements
Telephone is:
TV Cable is:
CARPET SHAMPOOING
A guest is a visitor for two (2) weeks or less.
COMPi%NY PHONE IqO14BER
ls L°l_ 7'7 9"
Tenants will have the carpets professionally shampooed at the end of the
lease and must provide a receipt to Landlord.
PET POLICY
No pets or animals of any kind are permitted on or within the leased
property except as described below:
PET CLAUSE~ttached as part of this lease: '~ Yes [] No
DISCLOSUllES:
Landlord has made the following disclosures regarding the property, which
are attached and made a part of this Lease agreement:
[] Water Potability [] Septic []
TERMINATION OF LEASE
Tenant agrees that a full month's rent is due for any month in which there
is partial occupancy at the termination of the lease.
APPLIA/qCES ;kND PERSONAL PROPERTY INCLUDED WITH PROPERTY:
The appliances'below are provided for the Tenant's use. Landlord
responsible for the repair or replacement of these items. Tenant must tell
Landlord if any of these items are not working properly.
~ refrigerator ~ range/stove ~ dishwasher ~ garbage disposal
[] washer [] dryer [] lawn mower [] freezer
[] wlndow unit air conditioners (~t ) []
The appliances/items marked off below are provided for the Tenant's use.
Landlord is NOT responsible for the repair or replacement of these items. If
repairs are needed, Tenant may decide to repair these items at the Tenant's
expense. Landlord still owns these items. Tenant must tell Landlord if any
item is not working properly. Landlord has right to decide whether to remove
the item:
NOTICE TO QUIT FOR NONPAYMENT
OF RENT OR OTHER BREACH
Tenant(s) Name:
~; c~a r(-
Tenant's Address
Leased Premises:
You are hereby notified that you are in default of your obligation(s) under the lease, dated
c~-/3v -dZ-- .f~.or the above premises because: Voc21'~e~dty'lz/~ka~J ~.
Became oft~ default, ~ereby de~d t~t you quit, ~c~te ~d s~enaer the prope~ (select
O~)t
~ ~edimely . .
T~ Notice to Quit does not re~eve you of~y ofyo~ ob~gatiom ~der the Le~e, ~d is not a
w~ver or foffeit~e of~y fi~t or remedy ~der Le~e, at hw, eq~ or othe~e for tbs or
~y other de~t.
'"- - - .
L~a~nd lo~d~y (name/title)
EXHIBIT "B"
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RENEE RANERI
Plaintiff
Vs.
KIMBERLY WAGNER and
MICHAEL NEAL WAGNER and
LEWIS SHISTLE,
Defendants
NO. 03-197 Civil Term
CIVIL ACTION - LAW
AFFIDAVIT OF SERVICE
I, BRUCE D. FOREMAN, Esquire, certify that service of the Complaint filed to
the above-captioned term and number was made by sending a certified copy of the said
Complaint, by US Mail, return receipt requested and received and acknowledged on
January 16, 2003. A true and correct copy of the receipt for certified mail and the
domestic return receipt are attached to and made a part hereof.
· Complete items 1,2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Kimberly Wagner
94 Poplar Avenue
New Cumberland, PA
17070
[] gent
X dressee
EL F~e~ceivgd by (,~P~/n~d Na.~ lC. ~a~ of Delivery
D. is delivery address differer~'rom item 1 ? [] Yes
If YES, enter delivery address below: [] No
3. Service Type
~(~[] Certified Mail [] Express Mail
[] Registered i-'l Return Receipt for Memhandise
[] Insured Mail [] C.O.D.
4. Reetdcted Deliver,/? (Extra Fee) [] Yes
2. Article Number
(Transfer from service febel)
7002 2030 0001 3410 0296
PS Form 3811, August 2001 Domeetic Return Receipt 102595-02-M-1540
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RENEE RANERI
Plaintiff
Vs.
KIMBERLY WAGNER and
MICHAEL NEAL WAGNER and
LEWIS SHISTLE,
Defendants
NO. 03-197 Civil Term
CIVIL ACTION - LAW
AFFIDAVIT OF SERVICE
I, BRUCE D. FOREMAN, Esquire, certify that service of the Complaint filed to
the above-captioned term and number was made by sending a certified copy of the said
Complaint, by US. Mail, return receipt requested and received and acknowledged on
January 16, 2003. A true and correct copy of the receipt for certified mail and the
domestic return receipt are attached to and made a part hereof.
r~uce D For ~
D. Fo~r a~n, Esquire
· Complete items 1,2, and 3. Also complete
item 4 if Restricted Delivery is desired,
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the rnailpiece,
or On the front if space permits.
1. A~le Add~sed to:
Michael Neal Wagner
94 Poplar Avenue
New Cumberland, PA 17070
2. Article Number
(Transfer from service label)
PS Form 3811, August 2001
B~jved D~ ~r~ r~ C.' Date of De ve~t,
D. Is delivery address different from item 17 [] Yes
If YES, enter delivery address below: [] No
3. Service Type
~.(Certified Mail [] Express Mail
[] Registered [] Return Receipt for Merchandise
[] Insured Mail [] C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
7002 2030 0001 3410 0302
Domestic Return Receipt 102595-02-M-1540
RENEE RANERI,
VS.
Plaintiff
KIMBERLY WAGNER and MICHAEL
NEAL WAGNER and LEWIS SHISTLE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-197 CIVIL TERM
CIVIL ACTION - LAW
NOTICE TO PLEAD
Renee Raneri and her attorney, Bruce D. Foreman, Esquire
You are hereby notified to file a written response to the within Counterclaim within twenty
(20) days from service hereof or a judgment may be entered against you.
Respectfully submitted,
Date
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Defendants
RENEE RANERI,
VS.
Plaintiff
KIMBERLY WAGNER and MICHAEL
NEAL WAGNER and LEWIS SHISTLE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-197 CIVIL TERM
CIVIL ACTION - LAW
ANSWER AND COUNTERCLAIM
AND NOW, come the Defendants, Kimberly Wagner, Michael Neal Wagner, and Lewis
Shistle, by and through their attorneys, Kline Law Office, and file the following Answer to the
Plaintiff's Complaint at the above term and number, as follows:
1. Admitted on information and belief.
2. Admitted as to the residence of Defendants Kimberly Wagner and Michael Neal
Wagner. Denied as to the residence of Lewis Shistle.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Denied. By way of further answer, Paragraph 14 in the Rules, Regulations and
Special Clauses specifically provided as follows: "Owner reserves the use of the basement for
storage and occasional sewing during the day."
9. Admitted in part; denied in part. It is specifically denied that the Defendants were
advised that Plaintiff was, or characterized herself as, a professional seamstress. More
specifically, Plaintiff's agent in the negotiation of the lease advised Defendants that Plaintiff had
an occasional sewing job for which she might need to use the basement during the day.
Defendants admit that the lease provided for payment of $150.00 per month toward the electric
bill; however, the lease does not specify that such payment is "reflective of commercial sewing."
10. The allegation of this paragraph is a legal conclusion to which no responsive
pleading is required. To the extent that a response is required, the allegation is denied.
11. Admitted that Defendants have received the notice of breach and notice of quit as
contained in Exhibit "B". Defendants specifically deny that they are in breach of the lease
agreement and proof is demanded.
12. Denied. On the contrary, Defendants have not violated this lease in any manner
whatsoever and proof is demanded.
13. Denied, proof demanded.
WHEREFORE, Defendants demand judgment in the:ir favor and against Plaintiff.
COUNTERCLAIM
14. The Defendants' responses to the allegations of the Complaint contained in
Paragraphs 1 through 13 of this Answer and Counterclaim are incorporated herein by reference as
if set forth in full.
15. Plaintiff has interfered with the peaceful and qluiet enjoyment of the Defendants for
the use of the leased premises on a continuing and ongoing basis, more specifically as follows:
A. On November 21, 2002, Plaintiff remained in the basement until well into
the evening (approximately 8:30 PM), in violation of the provision in the lease
allowing her to use the premises for working "during the day." When questioned by
Defendant Michael Neal Wagner, Plaintiff advised that she was "hanging out".
B. On November 21, 2002, Plaintiff advised Defendants that it was her
intention to move into the basement as a residence. On November 26, 2002,
Defendant Michael Neal Wagner advised Plaintiff that Defendants did not desire that
anyone reside in the basement.
C. On November 28, 2002, Plaintiffs son, Tom Keiper, advised Defendants
that they were to be evicted and that they will "make the Defendants do something
wrong so that they can be evicted."
D. On November 29, 2002, Plaintiffs son and son's girlfriend, Tom Keiper
and Brianne Hoffner, along with two other individuads, occupied the basement during
the day, turned on music loudly, and disrupted the Defendants. When Defendants
complained to Plaintiff, Plaintiff advised Defendants. that the property was her house
and she could have anyone and do anything at any time in the basement, and then
advised Defendants that they should seek a new place to live because they did not
agree with her.
E. Plaintiff allowed her son and son's girlfriend, Tom Keiper and Brianne
Hoffner, for a period beginning November 30 and into the month of December, 2002,
to receive their mail at the address of the leased premises. As a result of the change of
address confirmation submitted to the United States Postal Service, Defendants' mail
was not delivered and was held at the post office.
F. Plaintiff has changed all locks to the basement and has physically secured
the interior door to the basement in such a manner th~tt Defendants have no access
whatsoever to the electric panel box for this property.
G. Plaintiff has regularly used the basement area reserved specifically for
sewing during the day for socializing with friends, including her ex-husband, during
all hours of the day and into the evening on numerous occasions.
H. Defendants believe, and therefore, aver that Plaintiff has placed a "For
Sale" sign in the front yard of the property, without any actual intention to sell the
property and for the express purpose of further harassing the Defendants by
interrupting their daily routine to accommodate staged "showings" of the property to
fictitious prospective purchasers.
I. Plaintiff has regularly entered the premises in the morning, turned on all of
the lights in the basement and outside lights controlled from the basement, left the
premises, leaving all of said lights on throughout the day, and returned in the evening
to turn off said lights, as well as left vents open in the basement to require additional
heating, for no legitimate reason whatsoever other than to intentionally increase the
Defendants' electric bill.
16. In furtherance of Plaintiffs intention to establish a residence in the basement of the
property, and based upon the noises and sounds incidental to construction that have occurred in the
basement, it is believed, and therefore averred, that Plaintiff' has undertaken specific actions to
establish the basement as her residence, in direct violation of the reservation maintained in the
lease agreement.
17. Plaintiff has failed to pay to Defendants the sum of $60.00 toward their electric bill,
as is required by the Lease.
18. Plaintiff has undertaken a specific, intentional, and malicious course of action
which serves no legitimate purpose whatsoever other than to harass the Defendants and attempt to
drive the Defendants from the leased premises, violating their quiet and peaceful enjoyment of the
leased premises.
19. As a direct result of Plaintiffs intentional actions, resulting in a breach of her
obligations under the lease agreement, Defendants have advised Plaintiff that all rent payments
will be held in escrow until such time as Plaintiff has demonstrated that she will cease and desist
from her intentional course of action.
20. As a direct result of Plaintiffs intentional and malicious actions, Defendants are
entitled to punitive damages and attomeys fees.
WHEREFORE, Defendants demand judgment in their favor and against Plaintiff in an
amount to be determined for compensatory damages for the violation of their quiet enjoyment of
the leased premises and for additional expenses incurred by the Defendants as a direct result of
Plaintiffs intentional and malicious actions, and for punitive damages as a result of Plaintiffs
intentional and malicious actions thereby, together with attorneys fees, costs and such other relief
as this Court may deem proper.
Respectfully submitted,
DATE
714 Bridge Sm:et
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540.
Attorney for Defendants
VERIFICATION
We verify that the statements made in the foregoing Answer and Counterclaim are true and
correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Date
Date
MICHAEL ~IEAL WAGNER ~ '
Date
CERTIFICATE OF SERVICE
I hereby certify that I served a tree and correct copy of the foregoing Answer and
Counterclaim upon Plaintiff by depositing same in the United States Mail, first class, postage pre-
paid on the ~ day of February, 2003, from New Cumberland, Pennsylvania, addressed as
follows:
Bruce D. Foreman, Esquire
4409 N. Front Street
Harrisburg, PA 17110
Attorney for Renee Raner/
ROBERT P. KLiunr:, r~o~tt~sr, r
714 Bridge Street
Post Office Box 461
New Curnbeflancl, PA 17070-0461
(717) 770-2540
Attorney for Defendants
M/Civ. Lil/Raneri-PlaintiWs Response to Defendants' Counterclaim
RENEE RANERI
Plaintiff
Vs.
KIMBERLY WAGNER and
MICHAEL NEAL WAGNER and
LEWIS SHISTLE,
Defendants
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 03-197 CIVIL TERM
: CIVIL ACTION - LAW
PLAINTIFF'S RESPONSE TO DEFENDANTS' COUNTERCLAIM
14. Plaintiff's Complaint, paragraphs 1 through 13 inclusive, are incorporated herein
by reference as fully as if set forth.
15. Plaintiff denies that she has interfered with Defendants' peaceful and quiet
enjoyment of the leased premises on a continuing and on-going basis, or on any other basis, and
more specifically responds as follows:
A. It is admitted that on or about November 21, 2002, Plaintiff remained in
the basement past dark, however, to the extent that the same., is not a legal conclusion and
requires response, it is denied that the same was in violation of the lease term. Further, Plaintiff
denies that Plaintiff advised Defendant that she was "hanging out", but rather, she was
organizing storage in the basement. Plaintiff acted in no manner to interrupt, interfere with or
violate Defendants' peaceful and quiet enjoyment of the leased premises;
B. Plaintiff did not, on November 21, 2002, or at any other time, advise that it
was her intention to move into the basement as her residence.
C. On November 28, 2002, Plaintiff's son. Tom Keiper, Plaintiffs son's
fianc6 wanted to remove some items which Plaintiff stored for tlhem in the basement and, at the
request of Plaintiff, her son, Tom Keiper, gave a courtesy call to Defendant, Michael Neal
Wagner, before going to the basement to retrieve the stored items. During the telephone call,
Defendant Michael Neal Wagner began screaming at Plaintiff's son, Tom Keiper, began
threatening to sue Plaintiff and advised Plaintiff's son, Tom Keiper, that he had friends in high
places and Defendants' would live at Plaintiff's premises for a year without paying rent.
Defendant, Michael Neal Wagner was screaming so loud on the telephone that others in the
room, including Plaintiff and Plaintiffs son's fianc6 could hear the threats Defendant was
making. Defendant, Michael Neal Wagner asked to speak 'to Plaintiff and Plaintiff's son
responded by saying, "Sir, you are very out of control and I will not let you upset my mother like
that. When you calm down, you can talk to her." Due to Defendant's abuse during the
telephone conversation, neither Plaintiff nor any representative of the Plaintiff appeared at the
house that day.
D. On November 29, 2002, the Friday following Thanksgiving, Plaintiff's
son, Tom Keiper, and Plaintiffs son's finance, Brianne Hoffner, and two others went to the
basement and retrieved personal property. Neither Tom Keiper nor Brianne Hoffner, nor any of
the other persons in the basement were loud or disruptive nor did any individual do anything
abusive or derogatory toward Defendants.
E. For a period of time, Tom Keiper and Brianne Hoffner did receive mail at
the leased premises. When Defendant, Michael Neal Wagner, complained about the same, this
practice was discontinued.
F. It is admitted that Plaintiff has changed locks to the basement so that the
same cannot be accessed by Defendants, however, the same did not occur until Defendants began
to tell Plaintiffs about things stored in the basement, damage began to occur to items in the
basement and Defendants were making threats to Plaintiff. It was out of fear for her safety when
she was in the basement and the security of the basement that the said locks were changed.
Further, the lease reserved the right to the basement to Plaintiff.
G. It is denied that Plaintiff regularly or at any time socialized in the
basement, but rather the basement use has been limited to those uses reserved in the lease; it is
admitted that on November 1, 2002, while Plaintiff was sewing in the basement, Plaintiff's
former husband stopped at the house to retrieve some personal items which he had not removed
from the house and to drop off some legal documents to Plaintiff and pick up a legal document
from the Plaintiff. Plaintiff's ex-husband remained in the house for a period of less than fifteen
(15) minutes. Further, Plaintiff has not socialized with others, during daytime or evening hours
in the basement.
H. Plaintiff admits that Plaintiff has placed a "for sale" sign in the yard of the
house, which does not violate the lease, and same is modified by actual intent to sell the
property.
I. Plaintiff does not regularly enter the premises in the morning and turn on
the lights and leave; to the contrary; to the contrary, Plaintiff has only gone early in the morning
to the premises on one occasion, shortly before Christmas, to finish sewing curtains for her
mother. Plaintiff has never, as a course of conduct, turned on the lights in the basement and left.
All further averments of paragraph 15 of Defendants' Counterclaim, to the extent that the
same are not legal conclusions and require response, are denied and, if relevant, strict proof
thereof is demanded.
16. To the extent that paragraph 16 is not a legal conclusion and requires response,
the same is denied; by way of further response, it is specifically denied that Plaintiff has taken
any action to establish a residence in the basement of the property or established the basement as
her residence.
17. It is admitted that Plaintiff has failed to pay Defendants the sum of Sixty and
00/100 ($60.00) Dollars towards their electric bill but, in further response thereto, the same is
because Plaintiffs have constructively evicted Plaintiff from the basement and have not allowed
her access or peaceful and quiet enjoyment of the same.
18. To the extent that paragraph 18 is not a legal conclusion and requires response,
the same is denied and, if relevant, strict proof thereof is demanded at trial.
19. To the extent that paragraph 19 is not a legal conclusion and requires response,
the same is denied and, if relevant, strict proof thereof is demanded at trial.
20. To the extent that paragraph 20 is not a legal conclusion and requires response,
the same is denied and, if relevant, strict proof thereof is demanded at trial.
WHEREFORE, Plaintiff demands that Defendants Counterclaim be dismissed and
judgment be entered as set forth in Plaintiff's Complaint.
Date: ~ - ~' ~ ,2003 By:
NICHOLAS & FOREMAN, P.C.
.Bruce D. Foreman, Esquire ~- ' ·
Atty. ID #21193
4409 North Front Street
Harrisburg, PA 17110-1709
(717) 236-9391
Attorneys for Plaintiff
RENEE RANERI
Plaintiff
Vs.
KIMBERLY WAGNER and
MICHAEL NEAL WAGNER and
LEWIS SHISTLE,
Defendants
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 03-197 CIVIL TERM
: CIVIL ACTION - LAW
VERIFICATION
I verify that the statements made in this Pleading are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom
falsification to authorities.
Date:~ c>~'~ ~, 2003
R'~fl~e Ranefi
RENEE RANERI
Petitioner/Plaintiff
Vs.
KIMBERLY WAGNER and
MICHAEL NEAL WAGNER and
LEWIS SHISTLE,
Respondent/Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-I97 CIVIL TERM
CIVIL ACTION., LAW
MOTION TO COMPEl,
AND NOW, comes the Plaintiff, Renee Raneri, by and through her attorneys, Bruce D.
Foreman, Esquire and Foreman & Foreman, PC, and request this Honorable Court compel
Defendants to answer interrogatories, and in support thereof, avers as follows:
1. Petitioner is the Plaintiff in the above-captioned matter.
2. Respondents are the Defendants in the above~captioned matter.
3. On or about March 19, 2003, three sets of interrogatories were served on
Defendants, by mailing the same to their attorney, Robert P. Kline, Esquire; a request was made
that the same be answered within the time limits provided by the Pennsylvania Rules of Civil
Procedure. A true and correct copy of the transmittal letter aforesaid is attached hereto,
marked Exhibit "A" and made a part hereof.
4. Pennsylvania Rules of Civil Procedure require answer to interrogatories within
thirty (30) days which would have required answers to the instant interrogatories by April 28,
2003.
5. Despite the fact that the time for answer has elapsed and despite the fact that
repeated requests for answers to interrogatories have been made, to date, no answers to
interrogatories have been received.
WHEREFORE, Petitioner/Plaintiff
compelling the answers to interrogatories.
Date: c~ff_ e~,_ t ,2003
respectfully requests that an Order be issued
By:
Atty. ID il21193
4409 North Front Street
Harrisburg, PA 17110-1709
(717) 236-9391
Attorneys for Plaintiff
RENEE RANERI
Petitioner/Plaintiff
VS.
KIMBERLY WAGNER and
MICHAEL NEAL WAGNER and
LEWIS SHISTLE,
Respondent/Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-197 CIVIL TERM
CIVIL ACTION - LAW
VERIFICATION
I verify that the statements made in this Pleading are tn~e and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to
unsworn falsification to authorities.
Date:-~ '" ~'-0.~ ,2003 _~~_.)ueJ~ne~~~L~
BRUCE D. FOREMAN
JEFF FOREMAN
C1..[ARLES REES BROWN
JAMES L. WALSH
LAW OFFICES
FOREMAN& FOREMAN, P.C.
4409 N O R '1'}..{ F R O NT S 'I"R E }5 T
HARRISBURG, PA 17110-1709
March 19, 2003
TELEPH(-)NE
(717) 236-9391
FAX
(717) 236-6602
E-MAIL
bruce~foreman-foreman.com
ieff.~ foreman-foreman.corn
charlcs(~ foreman- I'oreman.co m
Robert P. Kline, Esquire
714 Bridge Street
PO Box 461
New Cumberland, PA 17070
Re~
Renee Raneri vs. Kimberly Wagner, Michael Neal Wagner and
Lewis Shistle
Dear Attorney Kline:
Please find enclosed three sets of Interrogatories, one to each of the named Defendants,
for answer in the above-captioned matter. Please comply with the time limit for response
as set forth in the Rules of Civil Procedure.
Very truly yours,
BDF.mar
Enclosures
Cc: Renee Raneri (w/o encl)
Brace 12). Foreman
EXHIBIT
RENEE P, ANERI
Petitioner/Plaintiff
Vs.
KIMBERLY WAGNER and
MICHAEL NEAL WAGNER and
LEWIS SHISTLE,
Respondent/Defendants
COURT OF CO~MON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-197 CIVIL TERM
CIVIL ACTION - LAW
ORDER
AND NOW, this Z-~" day of t'~) ~ , 2003, upon
consideration of Petitioner/Plaintiff's Motion to Compel, Defendants Kimberly Wagner,
Michael Neal Wagner, and Lewis Shistle are each ORDERED to answer outstanding
interrogatories served on them through their attorney, Robert 17. Kline, Esquire, within thirty
(30) days of service of this Order.
BY THE COURT:
/J/
RENEE RANERI
Plaintiff
VS.
KIMBERLY WAGNER and
MICHAEL NEAL WAGNER and
LEWIS SHISTLE,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 03-197
: CIVIL ACTION - LAW
AFFIDAVIT OF SERVICE
I, Bruce D. Foreman, Esquire certify that service of the Court Order, directing
Defendants to answer outstanding Interrogatories was served on counsel for Defendants,
Robert P. Kline, Esquire, on June :3, 2003, by certified mail, return receipt requested. A copy of
the PS Form :3811 card is attached as Exhibit A.
By
4409 North Front Street
Harrisburg, PA 17110
(717) 236-9391
ID #21193
Attorney for Plaintiff
Sworn to and subscrib¢4t this
't/i~t-- dayof ~
Notary Public
My Commission Expires:
,2003.
I NOTARIAL SEAL
M(CHELE A. RENEKER, Notary Public
City of Harrisburg, Dauphin County
!_._.My. Commission Exp~es ~arch 17, 2007
· ,COrTWlea~ Itmw~ 1, 2, m~l 3. ~Jeo oon'Nglgl~
i~m 4 tf Restricted Delivery is desired.
· Pt~ff your name and address on the reverse
~o that we can return the card to you.
· Attach this cad to the back of the mailpieca,
or on the front if space permits.
1. ~ Addressed to:
[] Ageet
If YES, enter daiivery address below: I'1 No
Certified Mail [] Express Mail
Registered r-I Return Receipt for Merchandl#
[] Insured Mail [] C.O.D.
7002 2030 0001 3410 0524
EXHIBIT "A"
RENEE RANERI,
Plaintiff
VS.
KIMBERLY WAGNER and
MICHAEL NEAL WAGNER and
LEWIS SHISTLE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND cOUNTY, PENNSYLVANIA
No. o3-197 Civil Term
CIVIL ACTION - LAW
)
)
' RE UEST FOR ADMISSIONS
PLAINTIFF'S RESPONSE TO DEFENDANTS 0
Denied as stated; Plaintiff believes she began to reside at the stated
property in mid-April, 2oo3.
2. Denied as stated; Plaintiff believes the proper~ was removed from the
market later, during the first week of April, 2oo3.
3. Denied as stated; Plaintiff believes she removed the For Sale sign late ,
during the first week of April, 2003.
4. Denied as stated; to the contrary, prior to the execution of the lease,
Renee Raneri informed Barbara Writh that she would be using the basement at 94
Poplar Road, New Cumberland, for sewing from time to time, sometimes not at all for a
week or weeks and sometimes every week for a week or weeks. Renee Raneri never
indicated that her sewing would be restricted to one to two days per month.
5. Admitted.
Date: July 24, 2003
By:
FOREMAN & FOREMAN~ P.C.
Atty. ID #21193
4409 North Front Street
Harrisburg, PA 1711o-17o9
(717) 236-9391
Attorneys for Plaintiff
RENEE RANERI,
Plaintiff
VS.
KIMBERLY WAGNER and
MICHAEL NEAL WAGNER and
LEIS SHISTLE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. o3-197 Civil Term
CIVIL ACTION - LAW
VERIFICATION
I, RENEE RANERI, verify that the statements made in foregoing
document are true and correct to the best of my knowledge. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
Date: July~,,~ 2003
R'~NEE RANERI
RENEE RANERI,
Plaintiff
KIMBERLY WAGNER,
MICHAEL NEAL WAGNER,
and LEWIS SHISTLE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03-197
CIVIL ACTION - LAW
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE JUDGES OF SAID COURT:
Cara E. Gruszecki, Esquire and Foreman & Foreman, PC, counsel for Renee
Raneri, Plaintiff in the above action respectfully represents that:
I. The above-captioned action is at issue.
The claim of the Plaintiff in the action is $10,745.00, together with
interest, late fees and costs of suit. The amount of Defendant's
counterclaim is yet to be determined.
The following attorneys are interested in the case as counsel or are otherwise
disqualified to sit as arbitrators:
WHEREFORE, your petitioner prays this Honorable Court appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully Submitted,
FOREMAN & FOREMAN, PC
BY: Cara E. ~ruszecki, Esquire
PA Identification # 89229
4409 North Front Street
Harrisburg, PA 17110
(717) 236-9391
RENEE RANERI,
Plaintiff
vii.
KIMBERLY WAGNER,
MICHAEL NEAL WAGNER,
and LEWIS SHISTLE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03-197
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Cara E. Gruszecki, Esquire hereby certify that on the Id-~'h day of
~bY'~/~Z~f~- ,2003 1 have served a true and correct copy of the foregoing Petition for
Appointment of Arbitrators by depositing same in the United States Mail, First-Class,
Postage Pre-Paid, addressed as follows:
Robert P. Kline, Esquire
714 Bridge Street
New Cumberland, PA 17110
Attorney for Defendants
FOREMAN & FOREMAN, PC
PA Identification # 89229
4409 North Front Street
Harrisburg, PA 17110
(717) 236-9391
RENEE RANERI,
Plaintiff
vi.
KIMBERLY WAGNER,
MICHAEL NEAL WAGNER,
and LEWIS SHISTLE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03-197
CIVIL ACTION - LAW
ORDER OF COURT
~'~'~-'/, 2003, in consideration of the
AND NOW, this ' ~/ day of
foregoing petition, ~'~/~t'~~Esquire, /~
Esquire, and , Esquire are appointed arbitrators in the above-
captioned action as prayed for.
BY THE COURT:
RENEE RANERI,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KIMBERLY WAGNER, : NO 03-197
MICHAEL NEAL WAGNER, :
and LEWIS SHISTLE :
Defendants :
OATH
Constitution of the United States and the Constitut~of~h~o~nwea~ a~
t~
we
will discharge the duties of our office with fidel?/)~///l~
~- ~.~ MURREL R. WALTERS, III, ESQ., Chairman
GI~RD R~DS, ESQ,
AWARD
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 stated.}
We find on the Complaint in favor of the Plaintiff and against the Defendants in the
amount of $3,150.00, less set-off of $1,550.00 for a net award of $1,6_00./~.
We find on the Counter-Claim, in favor of the Defendants/~d aga~6~ the Plaintiff in
the amount of $240.00. ~ · / / / ~//
Each party to bear their own costs. ~/~~.____....~
Date of Hearing: February 16, 2004
Date of A~rd: February 16, 2004 MURREL R. WALTERS, III, ESQ., Chairman
NOTICE OF ENTRY OF AWARD
red upon the docket and notice thereof given by mail to the parties or their
~ appeal: onotary
Deputy
RENEE RANERI,
Plaintiff
VS.
KIMBERLY WAGNER and MICHAEL
NEAL WAGNER and LEWIS SHISTLE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-197 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE
TO THEPROTHONOTARY:
Please mark the above-captioned matter settled, discontinued, and withdrawn, with
prejudice.
Date
~B~UCE ]~. FO]~EMAN, ESQUIRE
Foreman & Foreman, P.C.
4409 N. Front Street
Harrisburg, PA 17110
Attorney for Plaintiff
Date
ROBERT P. KLINE, ESQUIRE
Kline Law Office
714 Bridge Street
P.O. Box 461
New Cumberland, PA 17070
Attorney for Defendants