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HomeMy WebLinkAbout98-02026 ~ ,~ . lot :::::. ~ ~ ~ ~ \l \\ q, \. V ~ ~ ~ "'" ~I I -..,) C) <:) " Cl.. ~I ~I y ,';,' -", ..,,-....... '. , \ '-\ \ \ \ ". ' ~ , ~ 3 'CJ ~ ~'\.C) I ..-.":J- ," ~ '."", r- -t::1 ::T- '. C'"': ~'~ '; ~ 'o~' ;i j~ ~ (i 9 ~= m r~~ ..:.' l.'Jf."! .,' () ~ : r'.: fI" ,- "ci.:.:.'.,'- l't': Ii, \ C;'i(' (') I.dl.i ~." , L.. ~' ' (" ~:. 11- 1.1_' "'1 <..l tt.: ~." . [ji ~ ~ !~ ~ . "/ AO;B ~ .... ;,j .. ~ ... i ..., i !~ 00 ... . ~s; . ;l ~ III ;~~~I . .... .... i '" 41 . . "" . ~~ .. I> a~~ 5 ' . III ..:I 41 ..;;a I I~ ;:!.n ~6~iie1 ~~ I ! ~' ~ u " .~. -. ... I ", ~ HII pi! iJ~~ , ~ ,.. SAMUEL L. GERACIi, MARY n. GIiRACIi, his wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW NO. 1/- .Jr, ~,;. CIVIL 1998 ELISHA J. WELLS, JR., JACQUELINE WIiLLS, his wife, Defendants IN EJECTMENT COMPLAINT -- 1. The Plaintiffs, Samu~l L. Gerace and Mary D. Gerace, his wife, are adult individuals residing at 101 Monarch Way, Cary, North Carolina. 2. The Defendants, Elisha .I, Wells, Jr. and Jacquel:lne Wells, his wife, are adult individuals residing at 6987 Wertzville Road, Enola (Silver Springs Township), Pennsylvania on Lot Number 5 on the Final Subdivision Plan of a 7.18 acre tract for Samuel L. Gerace recorded in Plan Book 36, Page 132. 3. The Plaintiffs are the legal owners of: ALL THAT CERTAIN tract or parcel of land sHuate in Silver Springs Township, Cumberland County, Pennsylvania, known and numbered as Lot Number 5 consisting of 1.158 acres as shown on the Final Subdivision Plan of a 7.18 acre tract of land for Samuel L, Gerace by Whit tack and Hartman, Professional Engineers dated June 11, 1979 and recorded in the Cumberland County Plan Book 36, Page 132 on August 31, 1979. The Plaintiff, Samuel L. Gerace acquired title to the aforementioned lot by deeds from Leon J. Gerace dated July 30, 1976 recorded in Cumberland County Deed Books S26 Page 839 and 526 Pago 836. The said Samus,l L. Gerace by duly recorded deeds dated January 31, 1980, conveyed the above described property to hitnself and hIs wife, Mary D. Gerace. 4. The Plaintiffs, at the special insistance and request of the Defendants, entered into an oral lease with Defendants to rent the above described premises to Defendants on August I, 1997 for the sum of $180.00 per month and to pay a $200.00 security deposit. 5. The Defendants have been delinquent in paying their monthly rentals due on September, October and NOvember of 1997 and on January and February of 1998. ,.... 6. The Plaintiffs, through attorney Pamarah Gerace, by letter .dated January 7, 1998, a copy of which is attached hereto and marked Plaintiffs' Exhibit "A", notified the Defendants that if they continued to make late pay- ments on their monthly rental checks, they would be evicted, 7. Tbe PlaintHfs, through their attorney, W:Illiam A, Yocum, notified the Defendants in writing by letter dated February 10, 1998 that they had been late in making most of their past mouthly payments of rent, (the January of 1998 rental check being dishonored by Defendant's bank) and that the lease was terminated effective March 30, 1998, Defendants were directed to vacate the premises on or before that dute, A copy of that letter is attached hereto and marked PlaintJffs' Exhibit "a", 8, The parties hereto had an oral month-to-month lease, which expired at the end of each month unless renewed by the parties to it, and Defendsnts were timely notified by PlnintHfs to vacate the premises by March 30, 1998. 9. Due to the failure of the Defendants to pay their rent in a timely fashion, .,-"'- they were not,ified that the lease was terminated for late payment of rentals and because the lease term had expired, the Lessee Defendants became non-tenants subject to dispossession by the Lessor Plaintiffs without more and the Plaintiffs have the right to enter and dispossess the Defendant Lessees. WHEREFORE, the Plaintiffs requests of the Court the following equitable and other relief: A. Judgment in ejectment against the Defendants for the above-described premises as authorized by Pennsylvania Rule of Civil Procedure No. 1057. a. .Judgment against the Defendants in the amount of $180,00 per month commencing March 3D, 1998 until Defendants vacate said premises, together with Page Two Pennsylvania for the sum of$J8Q,OO per month, The Defendants admit to having paid to the Plaintitf.~ a security deposit in the amount of$200,OO, The Defendants deny that said lease was entered into at the "special insistence and request ofthe Defendants, " 5, Admitted in part and denied in part, The Defendants admit that their monthly rental payment was delinquent by five or less days for the months of September, October and November J 997, Defendants admit that their monthly rental payment was delinquent for the month o!'JanuRry 1998, Defendants deny that their monthly rental payment was delinquent for the month of February 1998, 6, Denied, The Defendants deny that the letter from attorney Pamarah Gerace dated January 7, 1998 and marked as Plaintiffs' Exhibit "A" notified the Defendants that if they continued tel make late payments they would be evicted, That letter states unambiguously that its purpose "is to serve notice that (Defendants) will be charged alate fee of$20,OO per month if the rent is not received by the first day of the month," The letter also stales that "if this pattern of paying your rent late continues " yeu will be requested to vacate the property with thirty days notice, , , ," 7, Admitted, 8, Admitted, 9, No responsive pleading is required under the Pennsylvania Rules of Civil Procedure because this paragraph does not contain averments offact. In as much as a response is required, the avennents in paragraph 9 of the Plaintiffs Complaint are Admitted in part and denied in part. The Defendants admit to having been notified that their lease was terminated as of March 30, 1998, The Defendants deny that they "became non-tenants subject to dispossession by the Lessor Page 2 , ' VERIFICA 1'IO~, Elisha J. Wells, Jr, and Jacqueline Wells, Defelldallls, verljy that the facts set forth ill the foregoing Answer are true and correct to the best oj their Imawlec/ge illjormation and belief, and understand that false statements herein are madei~bjeC t~('lIa ie. of J 8 Pa, C,s. 94904, re/alin to III/sWam fa/sifi(.'atioll to authorities. " JI// 8 ~ ~ Da Elis I, Wel ,Ir, ,~/ 'if9~ Date i:J,1 < I;/~~/J fA h / Ii I cq ne Wells Page 4