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HomeMy WebLinkAbout01-2091 FX SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W, High Street Carlisle. PA " JAMES T. STINE and DIANE STINE Plaintiffs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001 - )OC( ( CIVIL EDWARD D. BAKER, JR., Defendant. IN ASSUMPSIT 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 'j~~_;_ ~~:'.,' " ",,_," ,~,."~-!~ ,M , ""'" -, I ,- ,- _"~",,.,__, , ' t ' SAlOIS SHUFF, FWWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle, PA '';;~llj " JAMES T, STINE and DIANE STINE Plaintiffs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001 - .2.0 '1/ CIVIL EDWARD D. BAKER, JR., Defendant. IN ASSUMPSIT COMPLAINT COUNT I AND NOW COME Plaintiffs by and through their attorneys, SAlOIS, SHUFF, FLOWER & LINDSAY, and state as follows: 1. Plaintiffs are JAMES T. STINE and DIANE STINE, adult individuals, residing at 221 Cornman Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is EDWARD D. BAKER, JR., an adult individual, residing at 175 Sachs Road, Gettysburg, Pennsylvania 17325. 3. In October of 1994, Plaintiffs rented property at 498 Old Mill Road, Carlisle, Cumberland County, Pennsylvania, from Defendant. In due course, Defendant opened an account at Adams County National Bank, into which Defendant deposited the security deposit. 4. On February 3, 2000, Defendant liquidated the aforesaid account at the Adams County National Bank and withdrew the sum of $539.82, without notice to Plaintiffs. 5. In early April 2000, Plaintiffs advised Defendant that they would be moving out on May 31, 2000. '"'!tlIII -, 'I ""', , ,~ -l -<C_," ., ',. "I ,.,- SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNE\'S.AT.LAW 26 W. High Street Carlisle, PA :'"" -,~-~- - " 6. Plaintiff, in fact, did move out prior to May 31, 2000, leaving the house in far better condition than when they moved in, having made many improvements to the property. 7. Plaintiffs repeatedly advised the Defendant of their new address at 221 Cornman Road Carlisle. 8. Defendant failed to provide tenant with a written list of damages within thirty (30) days, and consequently forfeited all rights to withhold any portion of the sums held in escrow. 9. In accordance with 68 P.S. 3250.512(c), Defendant is liable in assumpsit for twice the amount deposited in escrow, including any unpaid interest thereon and any interest which would have continued to accrue had Defendant kept said escrow account on deposit. WHEREFORE, Plaintiffs demand judgment against the Defendant in the amount of $1 ,079.64, plus twice interest which would continue to accrue and costs. COUNT II 10, Paragraphs 1 through 9 are incorporated herein by reference. 11. Defendant repeatedly told Plaintiffs that he would sell the property that Plaintiffs were renting to Plaintiffs. In justifiable reliance upon Defendant's assura,nce that he would sell the property to the Plaintiffs in the future, Plaintiff made many improvements to the real estate, including a new living room ceiling; improving the downstairs bathroom by wallpapering, staining and varnishing the woodwork and making and installing cabinet doors with knobs and hinges and adding a bath light above the sink; wallpapering the kitchen; installing crown molding; and adding ~, _ ~l1ffl1! 1 ' -.-' ~ ,.." 1 e. ._ C',_. -",-, !l!JI!!I!IIlIlI SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEYS.AT.LAW 26 W, High Street Carlisle, PA _,. ,~,,'_ '''',"'. '. ,_i!~~"" " fluorescent lights; improving the master bedroom by installing carpet and padding, painting the walls and ceilings and installing baseboard; making similar improvements to the second bedroom; painting the upstairs in all and installing baseboard; installing storm doors on the front and back of the house; building a deck with steps, putting in new clothes line posts; wallpapering the downstairs hall and adding missing moulding; and adding frosted plexiglas doors to the kitchen cabinets, and other improvements. 12. Defendant advised Plaintiffs early in 2000, that he would not sell them the house because he believed it would result in adverse tax consequences for himself. 13. As a direct result of being advised that they could no longer purchase the house, Plaintiffs decided to move out and to purchase another home. 14. As a result of the numerous improvements which Plaintiffs made to the home, Defendant was unjustly enriched, and Plaintiffs were damaged, to the extent that the value of the home was substantially increased as a result of their efforts. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000.00, an amount requiring submission to a board of arbitration for determination. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for the Plaintiffs By ! ames D. Flo er, I.D. #27742 26 West High Street Carlisle, PA 17013 (717) 243-6222 ~ I-'--~ ' -, ~'-" "~, -: , VERIFICATION I, JAMES T. STINE, one of the Plaintiffs in the within action, hereby verify that the statements made in the within instrument are true and correct to the best of my knowledge, information and belief. 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. James T. Stine Date: April , 2001 ., ,~" " rn _ ".' I"" , , , ,., "" ~~ " ~.~ .~" ~_.~ v. : IN THE COURT OF COMMON PLEAS OF , : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-2091 CIVIL JAMES T. STINE and DIANE STINE, Plaintiffs, EDWARD D. BAKER, JR., Defendant. : IN ASSUMPSIT NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Date: May 24th, 2001 CKmg~GHES M rk D. Schwartz, Esquire Supreme Court LD. No. 70216 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Edward D, Baker, Ir. i I I ii:" - - <,,' ". -", _~ .-,:_:V'f'~~-<~. -.,-~ '-~-"',- ,.' '_~I__ " . ~_.- "- ,- .-, ,r~ -- - I'" --,-. '-_c ,,- .' ,= ,_" .,- ~ - . '" . " , '. .... JAMES T. STINE and DIANE STINE PLAINTIFFS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-2091 CIVIL EDWARD D. BAKER, JR., DEFENDANT. : IN ASSUMPSIT ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW, this 1.,~'(1r day of f"'\k-I . 2001, comes Defendant, Edward D. Baker, Jr., by and through his attorneys, IRWIN, McKNIGHT & HUGHES, and makes the following Answer With New Matter and Counterclaim to Plaintiff's Complaint: 1. Admitted, 2, Denied as stated. Defendant, Edward D. Baker, Jr. resides at 200 Longstreet Drive, Gettysburg, Pennsylvania 17325. 3. Denied as stated. On October 27, 1994, Plaintiffs signed a Lease Agreement for the property located at 498 Old Mill Road, Carlisle, Cumberland County, Pennsylvania, from Defendant. On November I, 1994, the Lease was commenced. 4. Denied as stated. For purposes of removing a Social Security number from the already established account, on February 3, 2000, Defendant transferred $539.82 from an account at Adams County National Bank in which he held the security deposit into a newly opened savings account at Adams County National Bank on the same day. 5. Admitted. , ,-, r.. ". . '-1'-"-' ~ ,,- - -~ , ~-"" --'-""'":-'1 ~._,_ on, ,"_ _ - _ _ __" _ . ". 6. Denied as stated. By way of further answer, Defendant received notice that Plaintiffs would be moving out on May 31, 2000 and believe that they left the residence on that day. No key was returned to Defendant prior to May 31, 2000. 7, Denied as stated. By way of further answer, Plaintiff did not advise Defendant of their new address in writing at any time prior to vacating the premises. Additionally, Defendant was aware that they were purchasing a farm in Carlisle but never knew the exact street address. 8, Denied. By way of further answer, Defendant mailed a letter to Plaintiff on or about June 29, 2000, which contained a written list of damages. Said letter was mailed to the address of the rental because Defendant had never been notified of the Plaintiff's new address. 9. This allegation is a conclusion of law to which no response is required. To the extent that a response may be required, the allegation is specifically denied. 10, Answers in paragraphs 1 through 9 above are incorporated herein by reference made thereto. 11. Denied as stated. By way of further answer, Defendant and Plaintiffs informally discussed the possibility of the sale of the rental property to Plaintiffs, No offer was ever made by Plaintiffs nor was any price ever discussed between the parties, No sales agreement, whether verbal or written, was ever reached between the parties. Defendant was not informed of the improvements and Plaintiffs were not authorized to perform the improvements as required by the Lease Agreement. 12. Admitted in part, denied in part. It is admitted that Defendant advised Plaintiff early in 2000 that he would be subject to capital gains tax on the sale of the rental property. Any inference that there was a prior agreement between the parties to purchase this property is specifically denied. -,~ ;"",o,~(,::_~,~ <hj'i"" ,p"<,-_;",,,,~_,,,, "'.'f' "~lc,:-,""P'I- '__,C ". - -~",-~" '1' , ".,""--< , --._"- - _ ,',..,.c_,,_f'_c'>" ",_""_,,,~__., ',c".. , " 13. Defendant is without sufficient knowledge to form a belief as to the truth of this allegation and strict proof is hereby demanded, By way of further answer, any inference that there had been any prior agreement to sell the house is specifically denied, 14. This allegation is a conclusion of law to which no response is required. To the extent that a response may be required, this allegation is specifically denied and strict proof is hereby demanded, NEW MATTER 15. Defendant incorporates Answers I through 14 incorporated by reference. 16. On or about April 4, 2000, the Defendant received a hand-written letter from Plaintiff indicating that they would be vacating the premises on May 31, 2000 because they were in the process of purchasing a fann. 17. After Plaintiffs moved out on May 31,2000, Defendant inspected the property and discovered that several items of upkeep and maintenance were not completed by Plaintiffs in accord with the Lease Agreement signed by the parties. The grounds desperately needed mowing and trimming; carpets had to be cleaned; trash had to be removed from the surrounding grounds as well as from the shed; walls needed refinishing; the tub and shower units needed cleaning; a baseboard heater had to be replaced; and fuel oil had to be replenished. 18. The parties signed a Lease Agreement and Addendum dated October 27, 1994. A copy of said Lease Agreement and Addendum are attached hereto as "Exhibit "A" and incorporated therein by reference thereto, 19. Under said Lease Agreement and Addendum, tenant agreed to pay for all utilities, snow removal and yard maintenance. :l';, ii] ,,_' -,"_'~'Y_:;,""" ~,,:,'"'1:,'C"'1' '~"'_',, ',"'" ;M_'" _ 1_'_ " ,,"to "_'f_',-.'~" 0'"_,_' c. _, o~,_, .", , _ , _ _ . ',' _~ """.""" ., ,~ .__,." .._, , __,' ,.". , 20. Under said Lease Agreement and Addendum, tenant agreed that no painting, wall papering, or other alterations to interior or exterior shall be made without written consent of the owner. 21. Under said Lease Agreement and Addendum, tenant agreed to fill the heating oil tank upon vacating the premises. 22. Under said Lease Agreement and Addendum the parties agreed that owner may apply all or part of the tenants' security deposit as reimbursement for damages or any other expenses as a result of tenants default of Agreement. 23. The cost of said repairs, maintenance or goods performed or purchased, by Defendant exceeded the security deposit held in escrow by Defendant. 24. Defendant is not liable in assumpsit for twice the amount of deposit in escrow including any unpaid interest under 68 P.S. Section 250. 512(c) because Defendant did provide a written list of damages within thirty (30) days and due to the fact that Defendant was not provided with written notification by Plaintiff of Plaintiffs' new address, WHEREFORE, Defendant demands judgment in his favor and against Plaintiffs on all counts ofplaintiffs' Complaint. COUNTERCLAIM 25. Defendant incorporates Paragraphs I through 24 herein by reference made thereto. 26, As a result of Plaintiffs' breach of the Lease Agreement and Addendum, the Defendant has suffered the following damages in the amount of $708.49, Attached as Exhibit "B" is a calculation of the damages incurred and is incorporated herein by reference thereto. , '-if;,._ , - ", _"_, _p"" . rr,-,-_~2T"7 :'!1'.--, '-_d_'V, ,'co,'.-_! _" , '""__'/ """'"",' ,'-r '_d' - '.t'_ .'. ~,- - ". ,_'._"'_'n 27. In that the damages incurred by Defendant exceed the amount of the security deposit plus accrued interest, $539.82, Defendant is entitled to reimbursement in the amount of $175.67 under the Lease Agreement and Addendum, WHEREFORE, Defendant demands judgment against Plaintiffs in the amount of $175.67 plus interest which would continue to incur and costs. Respectfully submitted, IRWIN, McKNIGHT & HUGHES B~ k~~ Mark D. Schwartz, Esquire 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Supreme Court I.D. No: 70216 Dated: ~, 2001 Attorney for Defendant, Edward D. Baker, Jr. ::'-'''~ ," . ~. ",,;-" _1.1<""' ,'C,'0"' ", '._,",c" ,y..,-, ',-,.', ,,' ^r- -~T~""Y' " --,~" ",p, ''-'' '1--" - - 'p' 'c '-, ,-,_~~,_..., -,"", ,:,. .' , .~ - - , ,- " " VERIFICATION I have read the statements made in the foregoing Answer with New Matter and Counterclaim and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. t#~(~IJ~9- EDWARD D. BAKER, JR. Date: May 2'+ . 2001 'c ? '<"-',"_'-'(;"_i' '~-'C:--__o-' "~,-,-- c.,,_, ., 1'1. """,,_,--y.," . '~".,,, -." <"" " ., ~--~'"l'" -,~.". :t.. _,'_d_~'" ,'_' _', _~,.__~ .- -~ 'l.~\_f>."_\...'''''.;,. tl'13t r'5l:ll<e...~udy.r1'cl1l (:l:luso. fll:.v,,71i. Hcnry llllll, '''c" \n<Ji:ll\3. P.... " ", ARTICLE OF AGREEMENT Made this B~tweeft Ed\.;ard D. - '2- 74v Baker, Jr. uClY October A,O.1994 hereinaner s.tyled the pcuty of the first p<Hl, ~nd James and Dianne Stine hereinafter styled the party of the second part. WITNESSETH, that the mentioned, doth demi&e and said party of the lhsl part, in cons.ideration of the rents and covenants herelnaller lease unto the said party or the s.econd patt to be used as pri va te res idence . the premises situate Carlisle, Pennsylvania 498 Old Nill Road, County o,f Cumberland and Commonweallh of Penns)'I\1.m;a. d~sc'ibed as follows: , House and immediate surrounding lawn excluding all pole sheds. I bUildfngs and TO HAVE AND TO HOLD the term beBinning on the November day of October unto, the said party of the second patl. subject to the conditions of this agreement for 1st day of 19 94 . and eliding 011 tile 1995. 31st IN CONSIOERATION OF WHICH the said pmly Qf the sccontl part i12Iees,lo pay lo the said party of (he first pari tor the use and occupancy 01 the said premisl3sJ the S1,l1Jl of Five Thousand, Seven Hundred ($5,700) doUnrs payable as follows: Twelve (12) payments of Four Hundred Seventy Five Do 11 ar s.(M} 5) , ~nadvance without demand on the First(lst) day of each month. Rent payments will be mailed to: Edward D. Baker, Jr., 175 Sachs Road, Gettysburg, PA 17325. If payment is mailed; the envelope's postmark will be used to determine the date when rent is actually paid. ..~ . \ AS A FURTHER CONSJDERATJON for lha ~e and,'oGcupal~cy,' or~sal~ premises the said party of the secofld part hereby agrees to faithfully keep and be bound by' ~he '~oll~~I.ng c?ven~nts, conditions, and agreements: ~, .,\:" .,' 1 ' 1110. uld prlflrnl$e. arc to be. kept .nll Illilllllclnetl In n'5 good oftp"lr'lilut! c,olldltlOI1 Ml III present and ot the !expiration of thIs lca~1 the)' lire to be lOUHel1deted In like repair .!Ind l;ol1dlllOl1, lIolmal went Dnd dOlnn;es happening by fire, storm or olfler CllSU;l.ItlC$ only cxc::<epled. lhe premises pre to be kept 111 a CIODI1 ilnd 5Dn1l""y condition tllld on asllcs or other gnrbn~6 wlllch mllY accumulate thereon during tho \ll!rln .aUl to be removed, IJnd 111 t:ase of rllllur.1J to remove ~he snme the pnrty of tho lirst part may collect as rent due 'Dllclln tlnears the cost 01 remo...a1l1he water, 11&I1Unll: or olho("scrvlco"lor tho'uso of the occupants 01 tho s;ald premiscs lurnlshed by Dny PUbtfc Set...lc(l Company during (fu~ said terfn thnn-be,' paid:ror by the litIld par(y or Ulo socond pl'trt unlos; otherwi$e provided her-eln, or tho same m3,V be collOf\ed 1>)' lhe-~ld PlU'ty 01, lh~! 11J'~I:P/),t:D$ lont:<!.uo Df1:d ljl lIuenr". <<.,\h/rlB' 5h311 be d~nl:l upon said prtlmlses c::onlrory'Co'lflo.condIUOI1S of C/le norlcles of Insurancc upon IIle blilldl<1gs thercon whoreby tho hlloUlrd may t Incroased c>>' Iho ifuiuf1mce-lrIYDlldaletl, "ollhot Uto wholo'llur oIlY pOlllon 01 UIO sall:! Tltcmlses shall be sublet, nDr shan \hb leas. ~r any In'll",$\ thotoll1'be DlIoSIJtnod,.~nOt':>hDll"lho pllrty of tbo lIecond pllft romovO; or 3Uenlpl 10 '(!move Irom \laid promhoos dur1n. tho terln <:If 'hllf';;I(l,lJlie.~W,",llout';\I'Q:)~~I"t,h~",t~~.n"s7'1~,'..~ fUl,"_611Id part)' of Iho Ilrst plIrt: :oml '10 ulllawlul !J-udf1o"".s/.",1r nt ,,~yJlm ie.~rr!o..d -<O,I,...,,!P?n..~!?,_~ro.,~~~~~~' "~,, C." ',:, ,J '~':'" : i/" . Tho party 01 the first pl!.tt l!J;prcssly resorVo5 lhc rlRllt '0 ollter UPQIl Ihe, pretnlscs al rc::8$Onablc Umes lOr lh" purpDs:;: Dr making- lte<:e$SlIry insp-c:ctlon or tepalrs, or to show IIle fOl1mo" 10 ptoSpocU<ffl pu(cha;er$ or 10:5:5005, and may display "For Renl" or "For SaID" ~lIrdll Ihereon. c; '." !-I-- :' If ddaull 5h:oll bo 1I13de In the pnynlont or llllY p~rl of tile snitJ rcml' nHur (he sarno bccomQs due:, or III case of a brellch O( cvash:m or any attempt 10 brcak Qt,evad~ lJI1,V,o,_.t/le,COVlJlllJl,b'Tlt c~mlll/l;Iml pI III!" lIlcl(celonl, tile (mlllO fent fU$8n'(]d lef Iho lull tcrm 01 thhi '(lIlSIl ~ml:llTllng unpllld !;.h0311 become dUD allcl paYl:llJle al onCC3 D1ld"lnl1Y forthwith bll collccloll, tlntl at the saine lime 'he plul'l of the Ilrst port may lorlclt and lumul \1111 UnClO;lllrcdill,orllcU1 01 'thls_,looto ll11cl cnter upon OIllJ rc.pos!1.CS!l. thc s3id premises .....ith Of wltliOllt p~c:.'II~ of Jll""', lI~d wi~~?~~ C!....iuc-,'any. noUf,l?);fJll1(S,olOl...cr. :' -"; :1: ACC>:lptllnCn by UIIl part)' 01 the flrs", part' or nny'of 1h~t ~Dlr.l' rent at any time after 1he samll !lIUIll become duo. alter default has. bll!!en madn In 1he ps)'mQn1' 'l1.ereol/ or' o"yl'follure~to :cnforce}'any';of'lha 'rll:.hts hereln'rc$(lIl/C1l to the' (lurl)' of the first P3ft, or an)' or 'h'll condition" herein conlalned. Ilhalliflot"'ln 11I1y'wlso!1:Je',eonsidorcd;o'walvor o(;t1\o dr-hllo cnlorco tho same at 011)' time without any noUce whalsoevcr,andlClI1Y lIt1e/flpt to 'collect tll,,:rollt'by'ofletproccodlnc 1I"I1alf not bc cOIl:olcl'cred 08 II w:iIVCI' or tile rlgflt 10 colle:::t the !llIme b)' on)' other proeeedlng, but 1111 of Ibe lights' of tho parly of Ihe :111&" p.llrl, IlIld boll COndlllOMl mil)' bo enlorcod 'ogeUler or "'..=.....:"Dly ...1 tho option or tho porty of lho flrsl pott. , '_-.::::*:~L8:,::::__ '..',,',', . _._~... --~-'-..-"-' ~.~.. " ;;:j~l~" It Is rurther ';;grced lIHlt If Ihe p.'lrly 01 the s~corld P<lrt sll.')II IJccol11c illsolvClll, malH! an n$SiglllnCllt for the bCIlr./it of crcdilors, commll allY ""ct or bankruptcy. file a volunlary petilloll ill banknmtcy, or if .!Iny jurlglncl1t sh~1I be entered or 3;1 Irtllolunlary petitioll In b3nkruptcy be filet! Dgainsl Ihe said parly of (he second part, all (he renl, reserved lor Ihe' full (erm 01 this lease ref11ilillll1g Un- J);,ld shall become due and collb'l:.\ible lmmcdh,'el)'. Any attorney 01 any Court of Record 01 Penlls)'lv<Jnla is hereby ilu\horlzed to a"pent lor and to conlCS5 a judgmen1 op'<Iinst the said party 01 the second part and 11\ favor of said patly 01 the Iltst ptlfl lor the amount 01 said tent then due ;:md unpaid as IHHCln. belore set lorth. And tile said parly or the :Iecond part hereby waIveS tho usunl notice to 'Iult, ond IIUrel!S to surrender said premises at !he el(pirlltlon of snld terlll, or the tetfnlnntlol1 or III Is Icase wllhout '"y nolle!! wllOhoevcr. And upon sny proceeding InsWuh.rJ for (he I{lCOVCq' o' !;t11d rent, tile sllid party of Ull! second pM\ waivQs the bonelit 01 .011 Dppu,isemollt, sl..y nnd ~xcmpUon Il1w!f, the richts 01 tnqulslllQu on f~at <:state, :aUfJ a!l bankruplcy 'Or Insot'Janc.y laws new I" tarce or hereatter passed. Upon Ute breach .01 any 01 the covenants .or agleernents of lhls tease <l.r upon Its teUlllholion by lorlellure, dcloutt or cltpitaUon. any aHorney as <:Iforesaid Is hereby authorized to ;lppcar lor <Iud to cOlllcs!.' IlfdglllclIl In nn nrnlC1Jblc nctlon oJ ejectment :Ir.ilillSl 5<Jid part)' or the second pari .nnd In favor of Ihe said parly of the first pari for tho p'clIllscs herein dc:>crlbecf, and 10 direct (he im- medlale issuing of IJ writ of possession to Inclode a clause for cost nnd renl due, waiving nil Irregularities, withoul rlollco ::lIId without askll1g 'cravo 01 cOUlt. It is further agf~ed lhal the. lent\s and conditions of lhis agreement and lease shall in no way oe changed or a\\ered except by a wriUng signed by all of the pat lies herelo; and if the said party of lhe second parl shall continue in possession of the said premises tiller the expiration of said term, at the option of the said parlv 01 the first part such holding over may be held and deemed a renewal of this agre,enlent for another. mon th 1 and so on hom mon th . [0 mon th unlil legal nolife is given for removal, each renewal being subject 10 the conditions of this lease. f the condiUons of Utis agreement shall ~xlelt.d tp Ute administrators and executors of aU the parties herelo. See addendum for additional terlos.and conditions of this lease. IN WITNESS WIIERE01', the pasli(!s aforesaid have hereunto sel their hill\ds. and seals the day 2nd year filsl above written. IN THE, PRESENCE Of ___Dim. '__,:2:Jlr1Q.L__._.____'_~ -,----:at~-,~-..,-----.-e _~i2~~:-,'"_,-.,-~ ADDlINDut1 TO I\RTICLE OF AGREEl1ENT 1, If payment is ulaLled" t.he envelope' 5 ]!o5trnar,k will be used t,~ determine the date when rent is actually paid If TENANT falls to pay OWNEH the ront by the 1st, da)! of the month, then TENANT agreest,() pay OI'lNER. a lat,E:' charge of f,~{, H'23~.15), 2. O\'iNEH has collected from TENANT a security deposit in the cUllount ,-,1 ~tf)t)C! . 'rhi~3 deposit shall be ndndnistered and account.eel fot' in acc,)l.danc(~ 'Iitll the Landlord/Tenant I\ct of 1D51. as amended. OVINER Ihay apply all UI part of TENANT's secllrity deposit as reimburE~ement for any past due ]"en"L. lat,(3 charges, liquidated (~aU!age fees, lo~.3s, daruage or a.ny \yther 8~\.l-"~.HS8 M; a result of TENANT's default, TENANT shall reimburse OWNER the co:,:,1., of all expenses, damages and losses thiJ..t exceed the aUlount of secur Lt),. deposit held. TENANT will never consider this seeurity dep':,sl1., CIS a I:ent payment. 3, No painting, wallpapering, or other alterations to inte:riot' .:'[' exterior shall be made without written consent of the OI'lNER. "" 4. F'remise~3 will be used. i1:::i i) private res.idence for a fawil.y of no f(!Ol'e than t~hree, ...... 5. TENANT agree5to pay for all Iltilities, SIlOYl t'elIloval, and Y"Td maintenance. fi, TENANT agrees to carry renter's insurance tu cover their perl"(.n;:d pr'(-.lperty. ?, TENANT relieve:., OvlNER from liability for all injury or damage tu TENANT. TENANT's property. TENANT's family, guests and employees on or about premises arising from negligenee or unirrtent~ional ac'ts of O\'INER ot' 2~tS by third parties. OI'lNER will not be liable whatsoever for any injur')' or damage caused by wa.ter that may leak into the PREtHSE~;. / O. TENANT will not~ keep any pet on PREMISES without written eonsent. (.1' OWNER. NO PET will be allowed inside of house Or' basement. 8, TENANT agrees to fill the heating oil tank upon vacating premises, Thi:o iJddelldum is approved and en.tered into this ~7~day of OcL.)"'~[', 18n4, The undersigned TENANT (s), jointly and severally 11 able, undSl'stands, agrees .to and accepts all conditions imposed, 10- '2. 7- '1" ___________-1_____ DATE ~-'2~;!'!!~~:~p _~_ ()vINER r /1\ - "2-7-9 (j --------~--------L--- DATE r... . , ____Jct~~~~____.._ TENANT _)".,L, 'r- - , ".r ~, '-1-,' " ______lD~ll_~~----- DATE f . . , EXPENSES Mowing and trimming..................................... $150,00 Fuel Oil................................................................ 46.88 Carpet cleaning .................................................. 116.61 Trash removal from wooded area........................ 30.00 Trash removal from shed..................................... 30.00 Refinishing of walls..,........................................ 200.00 Cleaning oftub and shower units ........................ 60.00 Replacing baseboard heater ................................. 75.00 Total....................................,............................ $708.49 (" ~,,'. '--_1'""""',...,_ 7.,~_.;1'_,,_."C'~___', "''_, ~~ ,--s'-WI_', '.,_,_r_,_""_"",,,,,,_,_,',c , '--,'-. " _,'c-, ,_,,"'" '_n ~.. >,,_= _, . . ~ -~---- 'II, .. CERTIFICATE OF SERVICE I the undersigned hereby certify that on this 24th day of May, 2001, a copy of the Answer With New Matter and Counterclaim was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: James D, Flower, Jr., Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, Pa 17013 1:&=- Mark D. Schwartz, Esquire ~,", ~- ..",. - - "", ,,' "t.e::., ._" "i"''1'' "-, - -", ~ , --'-"'''''1'', , ',--~?"- . - " - ., - ^~ . , . --' ."" ~ --~-~,. ~ ."'" , , ~,~ " ,,~~ ~. "-'~'- ,-~~--= "~'- 0 c' c: , :-<!: ~J " rn r- -,-7' ;:: "'-': ,"'-,,) ~r! '" ." r:; , , ,) ..,~~ " , > ':",) " , / !.-.-~ " j :,.>-) !.J '," ( -- -<.: '$ .-"'I'.,~ -,,- ~ , ~1~~~~~!,,_~~~,:m""'C~ c SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle, PA II JAMES T. STINE and DIANE STINE Plaintiffs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 - 2091 CIVIL vs. EDWARD D. BAKER, JR., Defendant. IN ASSUMPSIT ANSWER TO COUNTER-CLAIM AND NOW COME Plaintiffs by and through their attorneys, SAlOIS, SHUFF, FLOWER & LINDSAY, and make the following reply to Defendant's new matter and Answer to Defendant's Counter-claim: REPL Y TO NEW MA TTER 15. Plaintiffs incorporate Paragraphs 1 through 14 of its Complaint by reference. 16. Admitted. 17. Denied. The property had been improved by Plaintiffs enormously during their tenancy. The lawn did need to be mowed, but it was lower than it was when they took occupancy, and they were hindered in their desire to mow the lawn by frequent rains around that time. The carpets had been vacuumed and only reflected normal wear and tear. The Plaintiffs removed substantial trash and did not leave any significant trash on the property. The walls did not need refinishing; on the contrary, Defendant approved of Plaintiffs' efforts to improve the property with painting and wallpapering, and consented to Plaintiffs' wallpapering of the premises. The tub and shower units were clean but reflected a red stain from the well water which Defendant had been well aware of. The baseboard heater did not have to be replaced, but was, ';;:;'". ~, '", '-,"_,___~F" $1"Il! ,--"'-~-_'_"')"__,, ,t,_L'.",_-- '.'-~ ~, . -,.. .^;" -,1'.,.,;-".-,: "., _" _ ,"-_,,~, " . " - II '[' , in fact, sanded and painted and in better condition than when Plaintiffs moved in. The fuel oil had been replenished by Plaintiffs. 18. Admitted. 19. Admitted. 20. Admitted in part and denied in part. It is admitted that such a term appeared on the Lease. By way of further answer, however, Defendant told Plaintiffs that this clause did not apply to them, and that it was just a standard form clause. Defendant emphatically approved of Plaintiffs' improvement of the property by painting and wallpapering, and told Plaintiffs that they should go right ahead and continue the improvements since he would permit Plaintiffs to buy the property from him. 21. Admitted. 22. Admitted. 23. Denied. No repairs, maintenance, or purchase of goods was required by Plaintiffs' occupancy of the property. On the contrary, Plaintiffs improved the property enormously during the time of their tenancy. 24. Denied. Defendant is liable for twice the amount of deposit in escrow, including any unpaid interest under 68 P.S.3250.512(c). Defendant failed to provide a written list of damages within thirty (30) days in spite of the fact that he had SAlOIS repeatedly been notified by Plaintiffs of Plaintiffs' new address. SHUFF, FLOWER & LINDSAY ATFORNEYS'ATlLAW 26 ~r~:f.: :~eet ANSWER TO COUNTER-CLAIM 25. Plaintiffs incorporate Paragraphs 1 through 14 of its Complaint and Paragraphs 15 through 24 of its Reply to New Matter by reference.. , :~,P..H~",!,! "~~, '1:r' , - h_' ^ _ " ''''''1---:'''-_5 ,-- 1_ -. ,. -~ , -. . - " c - ., ' - .'-. -~ .,. ,~- , ii' SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W, High Street Carlisle. PA 'if, _ . ~ c, " 26. Denied. Plaintiffs in no way breached the Lease Agreement and Addendum, and Defendant suffered no damage as a result of any breach by Plaintiffs. 27. Denied. Defendant incurred no damages. WHEREFORE, Plaintiffs demand that the relief sought by Defendant be denied. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for the Plaintiffs O. James D. Flower, Jr. I.D, #27742 26 West High Street Carlisle, PA 17013 (717) 243-6222 . ""'P' ~ ".,\ 'e\_~ "Y:",-,"-~-.:.oP",-r-~ ~.'.;_t;,"'<,,' __00_"'-' "'-"'.'1'-,,'_,I_~'_._,, - <""",1'-"-' .,..~ ,_1__^,",~'",-", ~. ,c_ SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEySt>AT.LAW 26 W. High Street Carlisle, PA ,'l""'ll1lffll'I,_~~ 'I VERIFICATION I, JAMES T, STINE, one of the Plaintiffs in the within action, hereby verify that the statements made in the within instrument are true and correct to the best of my knowledge, information and belief. 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. ~j/~. c:r James T. Stine Date: q- 2..\.{-D\ '11II- 'C. "",_,._ t-.'1'-,~.' ',"'-><-"" - - -,~-." "., , -.',~ ~_ __" - ""__~" .'0' SAlOIS SHUFF, FLOWER & LINDSAY A'ITORNEYSeAT.LAW 26 W, High Street Carlisle, PA .~~ !I JAMES T. STINE and DIANE STINE Plaintiffs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 - 2091 CIVIL vs. EDWARD D. BAKER, JR., Defendant. IN ASSUMPSIT AND now, this CERTIFICATE OF SERVICE dS-y.t ,2001, day of 7iPf"..R' I, James D. Flower, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attomeys, hereby certify that I served the within Answer to Counter-Claim this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Mark D. Schwartz, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: I ames D. Flower, Jr. 1.0. #27742 26 West High Street Carlisle, PA 17013 (717) 243-6222 -., ' ."" c -, ,,_of < ,-~'''' _~, ,. ... -"'. - "'i~,)~- ."c - ,- '.' ., _",~" c '" ,,, ". _ . l' -_ _ ,.f _ _, ,_ _ t."" ""_ '" ~~ -, . . [J- "'Z? rf ~ , , __"O'~ "'__'~~"'''_'',"'~'_ ".,~ ,~, ",.,.'" '''''~;!'''''~'iI.i, "",. "'""'" = "=/i:\i;tIlO' ,,~,~=~" '~~~' '.n. .{:;(~ .-.- \'-1 ~/, ., , "'I (T' 0 "'~. .,;.. f-.v C) (. ", -;~ r; wT'; ::':~'. -::~ - C- ) () (:} -' :z :::;! "" (T\ ...1, .- ~WQ'I~iW"v.Ul!':~lm;!i:Mi!'!iffl~~"~'f~~~~~1'li~ifij~~m'!I~~"~~