The URL can be used to link to this page

Home My WebLink About98-03093 ...\ ~EI6Ltr ~Lt&ILL ll-.;"tIU In !he C~urt or C~~on Plaas or oJ. I ) ) ) ) ) I.I.ljIL -.J lle ~ ",ttA..A-s ~lo.-1L, ~o7J CI'"" ~9..!l- C/ Cumberland Couney, ?ennsylvania GI..., ~F'ot~, &O...~ '.IJ'~b~ bJ.J 1>~l-..t .J OATIl (~. do solemnly swear (or affirm) thac. ....e ....ill SUDDorc. obe'l and defend che Conscicution of the United Sea.ces and the C.:>nstic~c:!,o~ of chis C01lUllon- '",.alch and chac ..... '",ill discharge che dur.ies of our oifice ....ith fidelity. \.O~ it .t-JlIM.<.t-' Chair:nan .....WARD We, che underSigned arbicracors, having been duly appointed and sworn (or affirmed), make the following award: (Note: Ii damages for delay are awarded, they shall be separacely seaced.) ~o...sv~ G. \,J",(er ~~A, i).... J. W,l.c.tl" iN 'i\t. A.......Jt- of "J..1/1. :t. 21(. ~ ';",IJ, if\l f,.,oI0( D/- )t.hMl...Jt__ ..Y1.4.'1 D.....Fo;L,b. . Arbicrator, dissenr.s. (Insere name if applicable. ) Da te of Hearing: -..tt:hllu: :ll.. \.'Ij II' Date of Award: O~b(.l :It.. J'l~f -...QAJtv. 1/. . ",lM...,t- Chair:nan MOTICE OF [NTRY OF A tL 171 ~ow, che,.((" day of lyer~,,-,-~ award was entered upon che docket and parties or cheir attorneys. .19'1,[_, ac/tJJ, tL.~l., the above notice ch<lreof gi',en by mail to the Arbitrators' compensation to be paid upon appeal: $ ,) '/0, V'O U.A:L. R e..., ~.. 'p oehonotarv By: (lyu 0 fl1<.el..u . , Depuey ,~ "'- $ '0<1 . \ ..,-' .,:)u (. VJeue.d' CJ,,-l\U.~.lJu(f~ S .. I.U, s~'\V_ \ S"t".....- ...t " r n \.0 0 C:" co ~r,l -rl <>t.J i~i ) 0 'i~ nt '. :"') ;~~'I' -~ 1'lflJ .-:'., I~ .N r/? cr.!.::" cr, d [J r....;(_ ':"u ~ -" ,';:1 ;;iE ~ ',[':8 )F? - (j n .. -., r.~ Ul ~~ :< eN ~ '. " it 'I ~ ~ :1; 'i , I ,j Guy Burford agreed that he could do this and he explained that there was no way that Guy Burford could guarantee that the Defendant's, BonaI'd G, Wilder and Paula J, Wilder, would forward the security deposit to him fOl' return to the Plaintiff, Accordingly, Guy Burford and the Plaintiff agreed that the rent check for September would be held and returned to him when he left the apartment, In the first or second week in September, the Plaintiff contacted Guy Burford and asked if he could continut to rent the apartment past September, It was agreed that the Plaintiff could remain and Guy Burford deposited the September rent check, which he had held, On or about October 1,1997, the Plaintiff, Herbert Merrill paid the Octob!)r rent. 11) On or about October 14, 1997, the Plaintiff contacted Guy Burford and said that he had rented another property and that he would be mOVing from the apartment. On October 18,1997, he gave Guy Burford the keys and said that he had moved out. Once again Guy Burford explained that he could not guarantee the return of the security deposit and the Plaintiff stated that he was not concerned about the security deposit. The electric service was in the name of the Plaintiff and he terminated the service, The Plaintiff told Guy Burford he was terminating the electric effective October 21, 1997. Accordingly, Guy Burford arranged for the termination of the water and sewer on that same date, Guy Burford denies removing any appliances from the property, On two occasions during the week of OctOber 21, 1997, the Plaintiff stopped by to visit with Guy Burford and told him how he was making out at his new rental at the Pike Hotel. He never complained about being forced out of the property or made demand for his security depOSIt. 13) II is denied that Guy Burford evicted the Plaintiff and the responses in paragraphs 10 thru 12 are incorporated herein, 14) The Defendant, Guy Burford, incorporates the responses in paragraphs 10 thru 12 herein, Guy Burford, admits that the letter was received, 15) The responses in paragraphs 1-14 are incorporated herein, 16) On numerous occasions the Plaintiff and Guy Burford discussed that Guy 8urford could not guarantee the return of the security deposit as that had been forwarded to the Defendants, Bonard G, Wilder and Paula J. Wilder, Defendant, Guy 8urford states thalthe Plaintiff was a good tenant and there were no damages to the property to apply against the security depDsit. 17) Admitted, Guy Burford incorporates all prior responses herein. 18) The Defendant, Guy Burford, has never had control of the security deposit of the Plaintiff, and Plaintiff was well aware that the Defendants, Bonard G. Wilder and Paula J, Wilder, had control of (hat deposit. The plaintiff was aware that the only way to offset the security deposit was the method that the Defendant, Guy Burford, and Plaintiff, Herbert Merrill, had agreed to, to utilize the security deposit as a months rental. 19) The Defendant, Guy Burford, incorporates all prior responses and further states that the allegation contains a conclusion of law to which no response is required. 20) Guy Burford denies using self-helj:! constructive eviction and incorporates all prior responses, WHEREFORE, Defendant, Guy Burford, requests judgment in his favor, ). 0 ,n ~ c:. Cj) C> <'" un ):> ,,." "'" rnl};1 c:: d 'It- ~ ?l'.1 (1'') I. "g ',.- ~'.I ,-q,t {~l~" I "~2 - .~';' (,)"1 ;'lC (," iV S5\ L'r. ',J ( I .D ~ 8 ~;~-~) :'t:.... ,-\" _.~ . :\"1:1 ~ 0 ')~') >'r~ - ::)1 n 1I [., .. OQ _c.\ ;~ -', ~, ~n '. -< p it o f.' "n 6:', Wl!,! 'll..~ ... c. ' ;:f:'l lj);'" ~i~ \~\ ";.," ~..\ --.:. ,P 0) 'l!~ (O'. n1 I _.J p, :J~ ~~ ,....) I" Q 'n j,J !-l",{9 -')',') "r: "l,L) )-;-- A:r! -';I (t) >.-rl'l i.) :,.\ ft- :9. I f It r ,I :t HERBERT MERRILL, Plaintiff v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No, 98-JcIIJ CIVIL TERM GUY BURFORD, BONARD G, : CIVIL ACTION - LAW WILDER and PAULA J, WILDER : Defendants COMPLAIN! FACTUAL BACKGROUNQ 1. Plaintiff Herbert Merrl/lls n competent, adult Individual currently residing In Carlisle, Cumberland County, Pennsylvania, 2. Defendant Guy Burford Is a competent. adult Individual currently residing at 411 North Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania. 3. Defendants Bonard Carl Wilder and Paula J, Wilder are competent, adult Individuals currently residing at 13514 Creek Springs, Houston, Texas. 4. Bonard and Paula Wilder owned real property located at 426 Dogwood Court, Carlisle, Cumberland County, Pennsylvania at all times relevant to this oomplaint. 5. Guy Burford served as the Wllders' agent with respect to the above referenced property at all times relevant to this complaint. 6. On July 1, 1996, Herbert Merrill entered a one year lease with Guy Burford, to rent the abovs described property. 7. Plaintiff paid a $650 security deposit along with the first month's rent when he took possession of the rented property. 8. The lease became month to month following the expiration of the one year lease term. 9, Plaintiff continued to reside In the rented property fOllowing the expiration of the one year lease term until October 21, 1997. 10, Plaintiff paid the monthly rent of $650 for each month he occupied the rented property. 11, Plaintiff had paid the rent for the entire month of October, 1997, and had the right to remain In possession of the property until October 31, 1997. 12, On or about October 21, 1997, Defendant Guy Burford terminated water and electric services to the rented property and removed appliances. 13. Defendant Guy Bun'ord's actions constituted an Illegal, constructive self help eviction, forcing Plaintiff to leave the rented property before the termination of the October monthly lease term for which tenant had already paid rent. 14, On November 5, 1997, Plaintiff sent Defendant Burford a letter, via certified mall, advising him that Plaintiff had vacated the rented property on OctOber 21, 1997, and demanding a return of the $650 security deposit. COUNT I IHIEACH OF CONTRACt 15. Paragraphs 1 through 14 are Incorporated by reference as If fully set forth herein. 16. Defendant Burford never provided Plaintiff with a written list of any damages to the rented property alleged to have been caUsed by Plaintiff. 17, Defendant Burford has never returned the $650 security deposit, despite Plaintiff's written request to send said security deposit to his attorney, Lisa Whistler. 18. Defendant Burford has, likewise, failed to provide Plaintiff with the Interest accruing on his security deposit since payment was made on June 27, 1996. 19. Defendants must pay Plaintiff double the security deposit plus all unpaid Interest, as Defendants failed to return Plalntlff's security deposit within 30 days fOllowing Defendant Burford's constructive, self help eviction of Plaintiff, 68 P,S. ~ 250.512(c). 20. Defendant Burford used self help eviction even though Plaintiff had paid rent for the remainder of the month of October, 1997, and Plaintiff is, therefore, entitled to a prorated amount of rent from October 21, 1997, to October 31, 1997, This amount Is $209,86. WHEREFORE, Plaintiff asks this honorable Court to enter Judgment for Plaintiff and against Defendants for $1,509,86, plus attorney's fees. The amount in dispute of this case Is less than $25,000 and, therefore, subject to compulsory arbitration as per local rules of Court, Respectfully submitted, TURO LAW OFFICES l..J./,qr i5iite ~~ Lisa M. Whistler, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff (0 (J p It:; ~ '6q., ~.~ If) q ::.u .0 ~ i'lti '- r! ()' ~ (}) ~:':';, r:-: d ,. ,) ..,~= ;'d~ 6' ~J 0 ;,~i I t1~ :@ (0 " t a t~ 1'" 'j ,,-) '1"/\.'- ~ Q '.), ~ ~! .,:~ '..., ':11 '~. c' ~ 1,~~1- \ \~(J -,,~ . s.J ".:;ri ~ ~:i' I.,) } ~.: I ,:;1 ~~-~ "<. ,;:> :0 t ..C'"~