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Home My WebLink About01-2943 FX In The Court of Common pleas of Cumberland County, Pennsylvania No. 20 OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the united States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Chairman 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.) . Arbitrator, dissents. (Insert name if applicable) Date of Hearing: Chairman Date of Award: NOTICE OF ENTRY OF AWARD Now, the day of , 20____, at award was entered upon the docket and notice thereof given by or their attorneys. .M., the above mail to the parties Arbitrator's compensation to be paid upon appeal: Prothonotary $ By: Deputy ,'''''', . - ~ < "1 I"'I'~' i, c' F-"'i',,",!. JUI 0 2 '002 CALDWELL & KEARNS A PROFESSIONAL CORPORATION CARL G. wASS JAMES R. CLIPPINGER CHARLES ..J, DEHART, III JAMES D. CAMPBELL, JR. JAMES L. GOLDSMITH STANLEY J. A. LASKOWSKI JEFFREY r. McGUIRE" DOUGLAS K. MARSICO BRETT M. WOODBURN DOUGLAS E. HERMAN RAY J. MICHALOWSKI -ALSO A M~MBER OF NJ BA,R ATTORNEYS AT LAW OF COUNSEL RICHARD L. KEARNS 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1533 THOMAS D. CALDWELL. JR. (1928-20011 July 1, 2002 717-232-7661 FAX; 717-232-2766 thefirm@caldweJlkearns.com Robert C. Saidis, Esquire (Chairman) SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, P A 17013 F. Stephenson Matthes, Esquire III North Front Street Harrisburg, P A 171 0 1 Debra K. Wallet, Esquire 24 North 32nd Street Camp Hill, PA 17011 Grace Sage 121 Woodside Court Annville, P A 17003 Andrew C. Sheely, Esquire 127 South Market Street Mechanicsburg, P A 17055 Court Administrator's Office Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 David Martineau, Esquire 3211 North Front Street Harrisburg, PA 17110 Re: Grace Sage v. William McCarthy & Amy Buhrman a/k/a Amy McCarthy. No. 01-2943 of Cumberland County Gentlemen/Ladies: Enclosed please find our Notice of Re-scheduled Arbitrator's Hearing in the above referenced case. If you have any questions or concerns, please do not hesitate to contact me, Very truly yours, c D s K. Marsico, Esquire CALDWELL & KEARNS DKM/lac' Enclosure 00-446/42043 ~,I11~,:,?~o i ._, ", --, , ~_ -i'~,1"'~~~-~"^"-' . "__':'",-_~_;'t'" '__>'~_ ~,o' '~'-"": J~:r' ,~-L " " ~'-. - ,- ",. ~- -" I_PJ~_ '" .~~ ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GRACE SAGE, V. WILLIAM MCCARTHY and AMY BUHRMAN aIkIa AMY MCCARTHY, Defendants NO. 01-2943 CIVIL ACTION - LAW NOTICE OF RE-SCHEDULED ARBITRATOR'S HEARING PLEASE TAKE NOTICE THAT a hearing before the arbitrators heretofore appointed will be conducted in this matter on Tuesday, August 27, 2002 beginning at 1:00 p.m. in the Second Floor Hearing Room of the Old Courthouse, Carlisle, Pennsylvania, at which time all parties may appear and be heard, Date: July1,2002 ~~J___ .qr~. Marsico,~Esquire To: Robert C, Saidis, Esquire (Chairman) SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, P A 17013 Debra K. Wallet, Esquire 24 North 32nd Street Camp Hill, PA 17011 Grace Sage 121 Woodside Court Annville, P A 17003 Andrew C. Sheely, Esquire 127 South Market Street Mechanicsburg, P A 17055 Court Administrator's Office Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 F. Stephenson Matthes, Esquire 111 North Front Street Harrisburg, P A 17101 David Martineau, Esquire 3211 North Front Street Hamsburg,PA 17110 00-446141474 ,( , ,- - ~"'.u. _~;"",,,,,_:;;_.,e_,___,'i,," , ,. -" ~ " .~.,'" I~I- " " ~ --^, ,. -.-." '1-' -- c, ,. 06/19/2002 1~:~0 PAX 717 232 2766 CALDWELL & KEAR~S !?,00J./001 CARL G. WASS JAMES R. CLIPPINGER CHARLES J. a.HART, III JAMES a CAMPBELL, J R JAMES L, GOLDSMITH STAI'ILEY JA LASKOWSKI JEFFREY;, McGUIRE' DOUGLAS K. MARSICO BRETT M WOODBURN DOUGLAS E. HERMAN RAY J. MICHALOWSKI . AlSO a member of NJ Bat CALDWELL & KEARNS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW OF COUNSEL THOMAS D. CALDWELL, JR. RICHARD L. KEARNS 717-232-7661 FAX' 717-232-2766 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110.1533 thefirm@caldwellkearns.com FAX TRANSMISSION COVER SHEET Date: To: from: Re; File#; June 19, 2002 Robert Saidis (243-6486); Debra wallet (761-5319); Andrew Sheely (697- 7065); F. Stephenson Matthes (232-6802); David Martineau (234-9478); Lea Ann @ Douglas K. Marsico'S Office Sage v. McCarthy Arbitration Rescheduling Docket No. 01-2943 of Cumberland County YOU SHOULD RECEIVE 1 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL CALDWELL & KEARNS AT (717) 232-7661 ORIGINAL WILL / WILL MESSAGE: Please mark this ate (August 27,2002 @ 1 :00 p.m.) as a tentative Reschedule itration I will get back to you hopefully next week with confirmation as soon as we confirm with our client and Attorney Matthes confirms with his client. If you should any questions, please call. Thank you for your assistance and c~on. CONFIDENTIALITY NOTE: The docurnents accompanying this telecopy lransmlssion ~c)nlain information from the law firm of Caldwell & Kearns, which is confidenli~l and/or legally privileged. rhe information is intended only for the u~~ of the individual Qf entity named on the transmission sheet. If you ::\re not the intended recipient, yOLl are nClljfied that any disclosure, copymg. dislribution or the taking of any "ction in reliance on the contents of this telecopied inrormation is strictly prohibited and that the documents should be returned to CaldWl?1l & Kearns jmmediately_ In this regard. if you receive this telecopy in Error, please notify us by telephone [collect) irf'll'Oediately 50 th1lt i.lJ.lptoprjate arran~ements can be ma~e forthe return ~~r destruction ~)r the documents at no cost to you. Thank you. Y";(ll!l. ~ , !I~ "-~VI ,. r -~ I r O~/26/2002 13:57 FAX 717 232 2766 CALDWELL & KEARNS 14! 0021002 ~ > CALDWELL & KEARNS ... PRQP'E:sfirONAL CORPORATION GARl.. a. 'WA,sS JAME;:~ R_ CLlPI'lINGER CHARL.ES J, D"'I1ART. III JAM!:'S D, CAMPs,ELL. .JR. JAMI:t> L. GOLDSMITH :.>TANl.-EY J. A_ LASKOWSKI ')EFF51I!:'l" T. McGUIAF;;- OOUCiJLAS, K_ MARSICO ERIi:TT M. WOODBURN DOUGLAS E:. HERMAN. RAY .J. MICHAL.OWSKI -ALSO A MEMUER OF NJ eAR ATTORNEYS AT LAW OF COIJNSI:L THOMAS D. CA,I.DWEu.. JR RIt;HARD l. I(EARNE; 3631 NORTH FRoNT STRtET I1ARRISBURG. PENNSYLVANIA 17110-1533 April 26, 2002 717 - 23~ - 7681 FAX~ 717-0!:32'~761f5 thefirmCcaldwellwl'n8_com Re: Sal!.e V. McCarthy. Cumberland Countv No. 01-2943 Our File No. 00-446 \1)'\/ ~\'\;"'\ \f',& ~~/.~ \Y\~ ,i ( /' j~ v\c-r( ls ~cf.t Ab~ x, )YV \) ~ ~ f" ~" VIA FACSIMILE (717) 243-6486 Robert C. Saidis, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, P A 17013 Dear Chairman Saidis: This will connrm that the Arbitration Hearing scheduled for April 29, 2002 at 1 :00 p,m has been continued at my request. My office w\ll contact all interested parties to reschedule Thank you for your courtesy. Should you have any questions, please contact me, V cry truly yours, Douglas K. Marsico, Esquire CALDWELL & KEARNS DKMJlac Cc: Debra K. Wailet, Esquire (Via Fax (717) 761-5319 Andrew C. Sheely, Esquire (Via Fax (717) 697-7065) F. Stephenson Matthes, Esquire (Via Fax (717) 232-6802) David Martineau, Esquire (Via Fax (717) 234-9478) DD,446139D60 n _ .a I~r'" I' ,--.~~- . QAZ26/2002 12:17 FAX 717 232 2766 .~ CALDWELL & KEARNS 1(:'1002 CALDWELL & KEARNS ,. PROFE1i:&IOr.a....l" CORPoAA.'l'ION CARL G. WASS .JAM!::S R. Cl.IPPINGE:A: CHARLES .J. DI[HAAT, 1II .JAMi:;;i O. CAMPBEll... .JA. J"-MES L GOLDSMITH 5TANl.E:'l" J_ A. LA5KOW5KI ,JE;FFR~V T. McClUIRE- OOUGL"S K. MARSICO PRETl' M. WOODBURN OOl.,lGLAS E. HE;RM"N RAY J. M1CHAl.OW5Kl W^I..S0 A. MEMBER OF NJ OAR ATTORNEYS AT LAW or COUNSEL TI-tOfWlAS O. CAl.DWELL, JR. RIGH^Rtl 1,.. t<EARNli 3631 NOR'fH FRONT sTRE.ET HARRISBURG. PENNSYLVANIA 17110-1533 April 26, 2002 71'-2..32.-7661 F'AX; ]17-232.ii!76t'J thefirmOCilIdwt!llIkearns.com VIA F ACSIMaE (717) 243-6486 Robert C Saidis, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Re: Sal!:e v. McCarthy. Cumberland County No. 01-2943 Our File No. 00-446 Dear Chainnan Saidis: I am writing to request a continuance for the Arbjtration Hearing scheduled fOT April 29, 2002 at 1:00 p.m. A close relative of mine passed away late Wednesday night and I have just learned that the funeral is scheduled for Monday. In lieu of the extenuating circumstances, 1 request that you reschedule the arbitration hearing Thank you for your courtesy in this regard. Should you have any questions, please contact me. Very truly yours, ~z-------~ ~ K. Marsico, Esquire CALDWELL & KEARNS DKM/lac Cc: Debra K Wallet, Esquire (Via Fax (717) 761-5319 Andrew C. Sheely, Esquire (Via Fax (717) 697-7065) F. Stephenson Matthes, Esquire (Via Fax (717) 232-6802) David Martineau, Esquire (Via Fax (717) 234-9478) 00-446/39059 j'~~ , '1- , -, ,",. ~I r I ,.- ,~ !' ~"'r 1_ ~ '~ '" >'1,:;17""0, . , GRACE SAGE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-2943 WILLIAM MCCARTHY and AMY BUHRMAN aJk/a AMY MCCARTIIY Defendants CIVIL ACTION - LAW PLAINTIFF'S ARBITRATION MEMORANDUM I. BACKGROUND In September 1996, the Plaintiff, Grace Sage, purchased a condominimn located in Mechanicsburg, Cmnberland County. Ms. Sage purchased this particular property as a favor to the Defendants. It was expressly agreed between the parties that the Defendants would rent the condominimn for a period of five years. At the expiration of the five-year period, the Defendants would purchase the property from Ms. Sage. It was agreed that the rental payment would be $500.00 a month. The Defendants were also responsible for all utilities and condominimn dues. Ms. Sage did not collect a security deposit. The Defendants produced a form lease which served to memorialize the understanding of the parties. However, this form lease produced by the Defendants was never executed by the parties, Nonetheless, the Defendants became tenants of "-'. Ms. Sage's property on or about September 19, 1996, pursuant to the above agreement. During the course of the rental, the Defendants were often delinquent with the rental payments. Despite the Defendants' financial difficulties, they continued to assure Ms. Sage that they would be able to eventuaIly purchase the property as originally agreed. The lease agreement was modified once in January 1999, whereupon the Defendants agreed to a rent increase of $200.00. However, in August of 1999, after the Defendants had difficulty meeting the newly- ~:' ,t,. --"'~:-'C"_:v;--'"T,';P:,'_~: ."_ ~,'" " . - - - ,''''' '''''c"'' '-~I ~i'<- -. ,.. - -"- "-1>-- ,. ~ -<. - agreed upon rent payments, the rent amount was reduced back to the original $500.00. In May 2000, Ms. Sage was advised by Defendant William McCarthy that he would not be purchasing the property and that he was surrendering the leasehold. At some earlier point unknown to Ms. Sage, Defendant Amy Buhrman had moved out of the property. Ms. Sage attempted to entice Defendant McCarthy to continue to rent the property until the expiration of the lease tenn by offering to pay the monthly condominium fees on behalf of the defendants. McCarthy rejected this offer and stated that he had already submitted a deposit on a new apartment. Ms. Sage expressed that she would not accept the surrender of the property and advised that the Defendants were responsible for all rents and amounts due pursuant to the original rental agreement. After the Defendants moved out of the property, Ms. Sage discovered extensive damage to the property. Specifically, the carpets to the property were impregnated with pet urination. Indeed, the pet urination was so bad that real estate agents were unable to show the property for purchase or rent. The Defendants also damaged the vinyl flooring areas in the property. It became necessary to replace carpet, sub-flooring and vinyl in the entire unit. Further, there were holes in the wall and other damage requiring repair. Ms. Sage attempted to mitigate her damages by selling or renting the property. Unfortunately, due to the extensive damages caused by the Defendants, she was unable to do so until December 2000. As a consequence, Ms. Sage lost the rental income from the property for six months; forced to pay the condominium fees and utilities, and forced to carry special insurance on a vacate unit. Ms. Sage also incurred other incidental damages, itemized in Section ill below. II. LIABILITY Liability is clear. The Defendants/tenants caused extensive damage to the property during ,,~ '^','-'f-"'~~''''''_' - ;f"-,", !~, '"' ~-,__4__ "~"'''''t''''I'''l-''-'-'' .~- ..,. , ,-'0- _ ~_' 1- their possession of the property. Further, by surrendering the property prior to the agreed lease term, the Defendants are responsible for all rent due until the end of the lease term. The Defendants will likely invoke the Statute of Frauds as a defense to any rents owed after the surrender of the property. The Statute of Frauds contained in the Landlord Tenant Act, 68 P.S. ~250.202, provides that leases for more than three years must be in writing; otherwise, the lease becomes at-wilI. However, the exception is where an oral lease for more than three years continues for more than three years--at which point the lease becomes year to year. 68 P.S. ~ 250.202. In other words, if established that the parties did in fact orally agree to a five-year lease, the lease became year-to-year at the third anniversary date of the lease. See 68 P.S. ~ 250.202. In this case, the parties agreed in September 1996 to a five-year lease. This agreement is evidenced by the unexecuted lease agreement attached to the Complaint. At the time of the surrender ofthe leasehold by the Defendants in May 2001, the oral five-year lease had continued beyond its third anniversary date. Therefore, the lease became a year-to-year tenancy in September 1999 and the Defendants were liable under the1ease until September 2001. The Defendants may argue that Ms. Sage "accepted the surrender of the property" and therefore, no further obligations were due under lease. The facts at the hearing wilI bear out that Ms. Sage never accepted the surrender of the property, thereby agreeing to terminate the Defendant's obligations. The burden of proof of acceptance of a surrender is on the tenant by clear and convincing evidence. See Stonehead Sauare Partnership v. Movie Merchants. 715 A.2d 1082 (pa. 1998). There must be some unequivocal act by the landlord that evidenced an acceptance. Id. For example, accepting the keys in itself does not "accept the surrender." See Hastings v. Burchfield, 28 Pa. Super. 309 (1905). In this case, there is not only no unequivocal :.,L_ ",'_0,." ,. ,"to'-' . "-', .' '-_',,,0.,,- "'+"F .-" _~_ - _' , ~, act by Ms. Sage to "accept the surrender." Indeed, to the contrary, Ms. Sage expressed to Defendant McCarthy that the obligations under the lease remained due. The Defendants have alleged in their Answers that the lease somehow became a month- to-month lease solely based upon a modification of rent. TIris is simply factually incorrect and legally unsupported. While a unilateral modification of the terms of a lease agreement could constitute a breach, an agreed modification certainly does not constitute a breach. There is simply no legal support for the averment that an agreed upon modification does not change the other essential terms of the lease. Moreover, even if a rent increase is not agreed upon, the Defendants' actions in paying the increased rent implicitly accepts the modification and does not change the lease term to month-to-month. See Gallalilierv. Wood, 101 Pa.Super. 354 (1931); West Philadelphia Buick Co. v. Shuster. 120 Pa.Super. 329, 182 A. 7S (1936); Sciabia v. Peters, 19 Pa.D&C 94 (C.P. Centre 1932). The Defendants also each averred a counterclaimentitIed the "Plain Language Consumer Contract Act and Unfair Trade Practices of the Consmner Protection Law." These claims are frivolous since it was Defendant Buhrman who provided the written lease. Moreover, the written lease was never executed so, therefore, there is simply no written contract to base the Defendants' claim. Indeed, Defendant Buhrman makes the absurd allegation that the parties' oral contract violates the Plaint Language Consmner Contract Act. The Plain Language Consmner Contract Act only pertains to written contracts, not oral agreements. See 73 P.S. ~~ 2201 et sea. III. DAMAGES Ms. Sage attempted to mitigate her damages by attempting to sell or rent the property as soon as practicable. Unfortunately, due to the extensive damage caused by the Defendants, she ~.,"-Jc,___,".,_",_--",._''',1-,''_-_'" . ", - ",,-j~__r"',""'_ '_o,-"'__~~, _~ ~ -" -'" was unable to do so until December 2000. Jennifer Hollister, a licensed real estate agent, will testify to the difficulty in marketing the property due to the odor from the pet urination which saturated the carpet. Ms. Sage is entitled to reimbursement for all rents and associated costs incurred due through September 2000 (when the year-to-year lease expired). Thus, Ms. Sage is entitled to the lost rental income from the property for four months at $500.00 per month, for a total of $2.000.00. She is also entitled to be reimbursed for the condominium fees for four months at $154.00 per month, for a total cost of$616. She was forced to carry special insurance on a vacate until at a cost of $600.00. Further, she paid $22.00 a month to PP&L, for a total of $88.00, and incurred a $33.00 per month charge for the water and sewer for a total cost of $132.00. Ms. Sage also incurred $200.00 in property management fees. The damage from the pet urine left Ms. Sage with no choice but to replace the carpet and subflooring. The Defendants also damaged the vinyl flooring. As a result, Ms. Sage incurred damages to replace the carpet and vinyl in the amount of $3.1 00.00. The wen, also holes in the wall and other miscellaneous damage needing repaired at a cost of$2000.00. Thus, Ms. Sage's total damages that she now seeks is $8.736.00. The Defendants may attempt to argue that, to the extent they are liable for the damage to the carpet, the cost of replacement is not the measure of damages. On the contrary, the measure of damages is always the cost of repair where the injury is reparable, unless such cost exceeds the value of the building. Duauense Light Co. v. Woodland Hills School Dist., 700 A.2d 1038 (Pa. Commw. 1997). In this case, the damage to the property was reparable by the cost ofreplacing the carpet. The fact that older carpet was replaced by new carpet is of no consequence since, as a practicable matter, old carpet is not available in stores. There is simply no market that could '''''':-1'' .,,~ ''''~_-"J'" -I"""!<~-,-,",_-~?'-" ""'C" _ ";.- -,-.,,1.."1" _" '_' ,_-_~.__" _.,,_~." --.v -."". I allow a landlord to replace old carpet with new carpet. In the absence of such a market, the new carpet was a reasonable replacement and Ms. Sage is entitled to reimbursement for the same. Respectfully submitted, CALDWELL & KEARNS Dated: <J L~a , arsico, Esquire ID# 69804 1 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, Grace Sage ""l'.l,,:,! -"j:{->" 'ff,~~'Ire~_:"_y"_._,,"'''",,,,H. ",', ,-^' -I"~(_.___'" -- '" -~_"'1~__ _,,' =", "I' .~ ." CERTIFICATE OF SERVICE AND NOW, this ;2.,(, day of ~Jf->J ~ 2002, I hereby certifY that I have served a copy of the within document on the following by hand delivery and/or fax addressed to: Robert C. Saidis, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 F. Stephenson Matthes, Esquire 111 North Front Street Harrisburg, P A 171 01 Debra K. Wallet, Esquire 24 North 32nd Street Camp Hill, PA 17011 David Martineau, Esquire 3211 North Front Street Harrisburg, PA 17110 Andrew C. Sheely, Esquire 127 South Market Street Mechanicsburg, P A 17055 CALDWELL & KEARNS ~; 00-416/44541 ;'>:""", ,,~ >-7_,-~_,,,,,,_,OF"_"E~~, ",~" ,n"_,_,_,_"" ~o,_~__ -. "-, --I'T _ ,";.,._'0. _ ',_,_ . .~ ",' +__, ,~ T. = o _ - GRACE SAGE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 01-2943 WILLIAM MCCARTHY and AMY BUHRMAN a/kJa AMY MCCARTHY Defendants CIVIL ACTION - LAW AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 237.1 COMMONWEALTH OF PENNSYL VANIA : ss: COUNTY OF CUMBERLAND Personally appeared before me, a Notary Public in and for said Commonwealth and County, DOUGLAS K. MARSICO, ESQUIRE, who, being duly sworn according to law, states that he served a copy of the Complaint upon the Defendant, Amy Buhrman a/kJa! Amy McCarthy, pursuant to Pennsylvania Rule of Civil Procedure 1930.4 by mailing to the said Amy Buhrman at 4626 South Cobia Way, Nagshead, North Carolina 27959, by certified mail, return receipt requested, said certified mail piece being Article No. 7099 34000012 8973 6673, that service ofthe foregoing was made on May 22, 200 I, and that attached hereto and incorporated herein by reference is the return receipt, bearing the signature of the Defendant's agent, acknowledging receipt of the aforementioned document by the Defendant C? Sworn to and subscribed before me this 0 ~ EsqUIre ~f'~ayof ,may- ,2001. --.-. , ,~*,IlEAL TAMAI'fA s,HAJa.......- ~ Cltyof ..~1" ' " .' \)IluphIn ~ _MyComm\sslori' .." , .26;2004 00-446/25003 "'" -, ""'___>i'0._,,_._~_"~,_; """_,"~_,~_"'""'I":"I w" ,_ ,_~ '~" 'f~.,' . I k "'. < 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 mail piece, or on the front if space permits. 1. Article Addressed to: ~gent o Addressee very a ress different from item 1? 0 Yes If YES, enter delivery address below: 0 No Amy Buhrman Amy McCarthy 4626 South Cobia Way Nagshead, NC 27959 3. Service Type ~ertifred Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise 'c o C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Copy from service label) 7099 3400 0012 8973 6673 PS Form 3811 , July 1999 Domestic Return Receipt '- ;,~.~ '1" ~ ~, "'1 DYes SA6E 10259S.00-M-0952 ,~ CERTIFICATE OF SERVICE AND NOW, this ?{1-1h day of May, 2001, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S, Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Amy Buhrman a/k/a Amy McCarthy 4626 South Cobia Way Nagshead, NC 27959 F. Stephenson Matthes, Esquire 111 North Front Street Harrisburg, P A 1710 I Attorney for Defendant, William McCarthy CALDWELL & KEARNS By: L~~~ "'--, ,. ~- .,^,""",,\ '-" <, . > ." .""'~ <"'.I':"r- " '."-, - ,- -~_ . "., >. ,",' ~l." 06/06/0' WBD 15:08 FAX 717 232 6802 T,A & S - Hbg. PA , I4J 002 GRACE SAGE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA Plaintiff v, : NO. D I - 2 I( '13 WILLIAM MCCARTHY and AMY BUHRMAN a1kJa AMY MCCARTHY Defendants : CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I do hereby accept service of and acknowledge receipt of a filed copy of the Complaint in the above case. Date: (, - 6 - 0/ F, t henson Matthes, Esquire III orth Front Street Harrisburg, PA 17101 Attorney for Defendant, William McCarthy ir3 ~ ~~( tcJ ( 00-446124480 '+"'(1=_"" " ",." - .~ ,-, . -1""1 ' '<' "" "-~ ., I ~~, '. GRACE SAGE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW WILLIAM McCARTHY, and AMY BUHRMAN, a!k/a AMY McCARTHY, NO. dCJO{ ~ o"l- 9 '-( ') Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of undersigned counsel on behalf of Defendant Buhrman. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~J~e:tL~ David H. Martineau, Esquire Attorney J.D. No. 84127 P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Defendant Dated: ::J "''''' '". z. ..., I . DOCllment #: 209033.1 .,~fflI ~ ,~, - ~" I' i ' _r - ',"," ~ I....,., ~ ~~ "~-~., " - ~ CERTIFICATE OF SERVICE AND NOW, this 19th day of June, 2001, I, David H. Martineau, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served a copy of the within Praecipe for Entry of Appearance this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Douglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg,PA 17110-1533 ~~/~~ David H. Martineau Document #: 209033.1 ~~,,,~ > , < l,' 1-- ' H ~ - r I, .-~- ,~~ SAlOIS SHUFF, FLOWER & LINDSAY AITOllNEYS-Ar.LAW 26 W, High Street carlisle, PA ''do, GRACE SAGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-2943 WILLIAM MCCARTHY and AMY BUHRMAN aJk/aJ AMY MCCARTHY, Defendants CIVIL ACTION-LAW NOTICE OF ARBITRATOR'S HEARING PLEASE TAKE NOTICE THAT a hearing before the arbitrators heretofore appointed wil be conducted in this matter on April 29, 2002, beginning at I :00 p.m. in the Second Floor Hearin Room ofthe Old Court House, Carlisle, Pennsylvania, at which time all parties may appear and b heard. Dated: March 20, 2002 ////~ ,Robert C. Saidis - Chairman To: Debra K. Wallet, Esq. 24 N. 32nd Street CampHill,PA 17011 Andrew C. Sheely, Esq. 127 S. Market Street Mechanicsburg, P A 17055 Douglas K. Marsico, Esq. 3631 N, Front Street Harrisburg, PA 17110-1533 F. Stephenson Matthes, Esq. III N Front Street Harrisburg, PA 17101 ... Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA GRACE SAGE, v. WILLIAM MCCARTHY and AMY BUHRMAN a!kIa AMY MCCARTHY, Defendants NO. 01-2943 CNIL ACTION-LAW ORDER AND NO~ this ~YOf, .:Ilk/~' 20~in consideration of the foregoing Petition, ~ ~ , ESqUire,/lJ(/"'.{u} ~_ , Esquire and ~ /JJa.i.&z;- , Esquire are appointed Arbitrators in the above- captioned action as prayed for. BY THE COURT: pl. b,..,,~.,,; ."-_ _', - "'__". _"_~, ~~_,._>_'" __ ~, _ ~_'_ _ '0 .'. ' .,<,,, - ,,~ . ~ ,"'''''' . '" f'~,,_ 1'1., "- . .- ': }.'1, '1.\, -"" ',C'~ ". ';.-, ,,' , Ii 1,'1 Ii II I,! 1.1 II , I: (: ! i' I I Ii I I l 11 I:, 1'1 1:,,- ,..-z:C?'JI -f' ,,~ ~L \!1~'V^l^SNN3d ALNnW Ot'Nl!::Ei8t"ln8 ss :5 \,;~ 92 8:J.:l ZO J.HV1CHJ:-ilud::: '. JO 3~)\::\:(J~-(j3'Y::- "",~_,^,_,~~,. H, 1l!l~~1!i!i'.;~~~m'Y -,.,..,.".. . " Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GRACE SAGE, v, WILLIAM MCCARTHY and AMY BUHRMAN alk/a AMY MCCARTHY, Defendants NO. 01-2943 CIVIL ACTION-LAW PETITION FOR APPOINTMENT OF ARBITRATORS To the Honorable Judges of Said Court: Douglas K. Marsico, counsel for the Plaintiff in the above action respectfully requests that: (1) the above-captioned is at issue; (2) the claim of Plaintiff in this action is $10,006.00 (3) the following attorneys are interested in the case as counselor are otherwise disqualified to sit as Arbitrators: any attorney in the law firm of CALDWELL & KEARNS; METZGER WICKERSHAM; and TUCKER ARENSBERG & SWARTZ. WHEREFORE, your Petitioner prays your Honorable Court to appoint three Arbitrators to whom the case shall be submitted. Respectfully submitted, CALDWELL & KEARNS Dated: 00-446/36147 ~;/310d- I .----- ~M . E ./. . arSlCO, sqUIre ey ID# 69804 3631 North Front Street Harrisburg, P A 17110-1533 (717) 232-7661 Attorney for Plaintiff, Grace Sage -,~ '.<-' ,'n', '., """_~~~_'"-",,,,""'q,_-- .,. -'; p.I~,,_",_""__ ~'_'n_ ~~ - .," -- " >~.~I CERTIFICATE OF SERVICE AND NOW, this IUth day of February 2002, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: J. Stephenson Matthes TUCKER ARENSBERG & SWARTZ III North Front Street P.O. Box 889 Harrisburg, PA 17108 David Martineau, Esquire METZGER WICKERSHAM 3211 North Front Street P.O, Box 5300 Harrisburg, P A 17110 CALDWELL & KEARNS By:~bJct~ (J ',dc,_",".",~" . '- "',~ _ "',_ '.' _,'"_' _o,___,~-,,; "':" ~ -~,-- ~_1. ,;I>. _ _.c,' \? ~ " "'~. . - ~~ ~c.v _ V? 1~ ~ -lq ~ o 10 ~ ,..... 1- .~~, ._,_'_"~~_ '0 .","-~""_-,,,"_ '- C) \~.: -co "'1 " 2: i"o) C::J ::_J --,,,, ::-~ ~, -J _ '-~ ,...._~ll!!l'Il"",~ "~"9'~~t<W~~~J~f-'lIJ')~~~~,...,.~~,.-_~ N)ntM!f\\'J~ , . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORACESAOE v. CIVIL ACTION - LAW WILLIAM McCARTHY, and AMY BUHRMAN, a/kIa AMY McCARTHY, NO. 01-2943 Defendants JURY TRIAL DEMANDED DEFENDANT BUHRMAN'S ARBITRATION MEMORANDUM I. FACTS: In 1996, Defendants Burhman (now Brabrand) and McCarthy, then husband and wife, entered into an oral lease agreement with Plaintiff to rent Plaintiff's condominium at 1071-6 Lancaster Boulevard, Mechanicsburg, Cumberland County Pennsylvania for the sum of five hundred dollars ($500) per month. Defendants lived at that property together until July 1998, when Defendants separated and Defendant Burhman moved out of the condominium. Defendants were later divorced and did not cohabitate during any period after July 1998. Defendant McCarthy continued to rent the property until approximately May 2000. When Defendants moved into the condominium in 1998, the original tile floors and carpets remained in the property. At the time that Defendants moved into the condominium, the tile floors and carpets were approximately twenty years old. The tile floors bubbled and came dislodged from the floor beneath them during the time Defendants lived at the property, Prior to July, 1998, when Defendant Burhman moved out, Plaintiff and Defendants were seeking estimates for the replacement of the tile floors. In addition, at the time that Defendants moved into the condominium there was damage caused by former owners of the property, including a hole in the wall leading to a closet, damage Document #: 241161.1 ""!"-'"" ,- '-'.""_? ^'~'-~ - ". ~,,,. .", ,,,"lff'~,_~, ~_ .~~~,'_~_,_<_,' _ , " , , In addition, at the time that Defendants moved into the condominium there was damage caused by former owners of the property, including a hole in the wall leading to a closet, damage to one wall where the former owners had a large freezer and stains on the carpet. These are the damage for which Plaintiff is seeking recovery. Plaintiff claims the parties entered into a five year lease, at the end of which Defendants were to purchase the property from Plaintiff. However, Plaintiff admits that there isno written lease or agreement for the sale/purchase of the property between the parties. Furthermore, Plaintiff made several adjustments to the rental agreement during the time after Defendant Brabrand had moved out of the property. Some time prior to August, 1998, Plaintiff raised the rent to seven hundred dollars ($700) per month. The rent was reduced in August, 1998 back to the original five hundred dollars ($500) per month and then raised again in December, 1998, back to seven hundred ($700) per month. In addition, Plaintiff offered to sell the condominium to Defendant McCarthy in September 1998 and again in December 1999. Plaintiff made no reference to an obligation on the part of Defendants to purchase the condominium, but instead, asked if Defendant McCarthy was still interested in purchasing the house and attempted to negotiate a price for the sale. Defendant McCarthy terminated the lease and moved out of the property in or about May 2000. Subsequently, In May 2001, Plaintiff brought this action seeking to recover rents and to recover for damages allegedly caused to the property during the time it was occupied by Defendants. Plaintiff has brought this action to recover rents that were not paid for the period of June through October 2000 in addition to condominium fees and insurance that was paid over that same time period. Document #: 241161.1 -'. __.,_~ - ,,~ "-'--"'r:"_~',,,~,Y_~- >d__'_', , ' ~i'!"." - ~ . ---?"~ -,-< 1"1" - "~ ,~ ~~.. ".. II. TERM OF LEASE AGREEMENT: Plaintiff is improperly attempting to enforce what she claims to be an oral five year lease agreement for the rental of the Mechanicsburg condominium because an oral lease of real property for such a period is impermissible under the statute of frauds. Real property, including personal property thereon, may be leased for a term of more than three years by a landlord to a tenant or by their respective agents lawfully authorized in writing. Any such lease must be in writing and signed by the parties making or creating the same, otherwise it shall have the force and effect of a lease at will only and shall not be given any greater force or effect either in law or equity, notwithstanding any consideration therefore, unless the tenancy has continued for more than one year and the landlord and the tenant have recognized its rightful exercise by claiming and admitting liability for the rent, in which case the tenancy shall become one from year to year. 68 P.S. !i250.202 (emphasis added) In the case currently before this panel, Plaintiff is attempting to enforce just such an oral lease as is forbidden by 9250.202. It is evident by the conduct of the parties that rents were demanded and paid. Therefore, at longest, the term of the lease agreement between the parties is one year. However, Plaintiff's conduct indicates that any lease agreement was actually month to month. On at least three separate occasions, Plaintiff changed the amount of rent due with little or no notice and not at time periods that would coincide with the end term of a year to year lease. Plaintiff raised the rent by two hundred dollars a month, then lowered it again, and then raised it again, all within the period that would have been covered by one lease term if the lease was in fact year to year. Plaintiff's conduct clearly supports a month to month lease agreement between the parties. The lease, having originally been entered into in September, 1996, would therefore I , i i I I I I I I , I I i I-:~'!f' _ become month to month from that point. Defendant Buhrman vacated the premises in July, 1998 without renewing the lease term for any period beyond that. Therefore, Defendant Buhrman's Document #: 241161.1 ~__,'. ',.._ .y_;..-'7,O~.~. ,7, _" , " , I ., .~____~ ~_ . ,~," ,__,H, ~.~..' . obligation to pay rent or any other fees to Plaintiff ended at the end of August, 1998. Plaintiff has made no claim for any rent or fees due to her that accrued prior to the end of August, 1998. Even if we assume, for the sake of argument, that the lease term was for a longer period, the maximum period for which the lease term could run under S250.202 is year to year. In the case of a year to year lease beginning in September, 1996, the terms would run from September, 1996 to August, 1997 and renew for another one year term from September, 1997 to August, 1998. Defendant Burhman vacated the premesis in July, 1998 and did not renew the lease. From the point at which Defendant Burhman moved out, Plaintiff had knowledge that she was no longer residing in the condominium and accepted no more rent from her, This can been seen in Plaintiffs letter to Defendant McCarthy in October, 1998 in which Plaintiffrecognizes that Defendant McCarthy was having financial problems since the divorce that have effected his ability to pay the rent from August 1998 through the time of the letter. Because Plaintiff and Defendant Burhman made no agreement to extend the lease period for another year, from September, 1998 to August, 1999, and both parties had knowledge that Defendant Burhman had left the property, Defendant Burhman had a lease agreement under which she was obligated to pay rent to Plaintiff through August 1998. Plaintiff has made no claim that any rent or condominium fees have not been paid for any time prior to August 1998. Plaintiff has made no claim for any rent or other fees that accrued during the time period during which Defendant Buhrman was under any obligation to Plaintiff. Therefore, this panel should find in favor of Defendant Burhman and against Plaintiff. Document #: 241161,1 >I[:~ III. CONTRACT FOR SALE OF REAL PROPERTY: Plaintiff has also brought claims to recover damages for what she calls a breach of an oral contract for the sale of real property. This is, of course, unrecoverable because, dating as far back as 1772, an oral contract for the sale of real property cannot be enforced in Pennsylvania. 33 P.S. 91. The existence of such a contract is also contradicted, again by Plaintiff s own correspondence to Defendant McCarthy. In several letters, Plaintiff asks Defendant McCarthy if he is interested in buying the property. In November, 1998, Plaintiff writes to Defendant McCarthy, "As far as your buying the condo, if you do still want to do that please let me know so we can at least get the process started. Once you let me know, I'll send you my requirements, e.g. price, deposit amount, closing date, etc. If we can come to an agreement, then we'll sign an agreement and you can give me a deposit and start the process of getting a mortgage." (Plaintiffs letter to Defendant McCarthy, dated November 30,1998. Emphasis added - A true and correct copy of this letter is attached as Exhibit "1 "). In December, 1999, Plaintiff writes to Defendant McCarthy, "I need to put the condo up for sale asap. In any event, I do want to sell it in the next week or so if you still want to buy it, you should start working on that process." (plaintiff's letter to Defendant McCarthy, dated December 22, 1999 - A true and correct copy of this letter is attached as Exhibit "2") Not only is an oral agreement for the sale of real property unenforceable under the statute of frauds, Plaintiff s own correspondence to Defendant McCarthy clearly demonstrates that there was no completed contract for the sale of the condominium. Plaintiff s correspondence indicates that at most, there was an agreement that Defendants would have a right of first refusal when Plaintiff decided to sell the condominium. Document#: 241161.1 .-., L--' ", ^~ "~I 'I, ~ ',"-',--" " ~'---"'-- ~ -". Because there is no enforceable contract for the sale of the condominium, Plaintiff cannot recover damages based upon a breach of such a contract. This panel should, therefore, find in favor of Defendants and against Plaintiff for all claims related to an alleged contract for the sale of the condominium. IV. PROPERTY DAMAGE: Plaintiff also brings an improper claim for property damage against Defendant Buhrman for damage property. As was indicated above, Plaintiff removed herself from the condominium in July, 1998, a fact of which Plaintiff was aware. Therefore, any damage caused by Plaintiff would have been caused prior to July, 1998. Any action by Plaintiff to recover for such damages would have to have been brought within the two year statute oflimitations as provided under 42 Pa.C,S.A. 95524. Plaintiff brought her action to recover for damage to property on May 14,2001. Any action to recover such damages would have had to have been brought no later than August 31, 2000 (assuming conditions most favorable to Plaintiff - a year to year lease ending August 31, 1998 as discussed above). That Plaintiff continued to lease the property to Defendant Burlnnan's ex-husband does not affect the running of the statute against Defendant Burlnnan. Plaintiff knew that Defendant Burlnnan had moved out and Defendants took no action to conceal any damage to the property. To the contrary, they disclosed such damage to Plaintiff. At the time that Defendant Burlnnan moved out of the property, Defendants and Plaintiff were seeking estimates to replace the aging tile floors. Document #: 241161.1 ,=,!"'-~ . '. ',_'n'_' __ ,_ '_'_,,'.'_,", ,"__'~~_ -" ----'5-~,'" I. 1__'. -- -- ._ ~" - ~~ If Plaintiff wanted restitution for damages allegedly caused by Defendant Burhman, she was under an obligation to bring such action within the statute oflimitations. Because Plaintiff did not bring her action within the applicable statute of limitations, Plaintiff s action to recover for property damage is barred and this panel should find in favor of Defendant Burhman. V. ATTORNEY FEES: Plaintiff has brought several claims for damages against Defendant Burhman that are wholly without merit. Each claim is barred either by the statute of fraud or the statute of limitations. In addition, Plaintiff seeks damages against Defendant Burhman, a former tenant, three years after the tenant had terminated her lease and after Plaintiff had leased the property to another party for an additional period of approximately two years after Defendant Buhrman had terminated her lease with Plaintiff. Given Defendant McCarthy's inability to pay timely rent when he was leasing the premises alone, it is reasonable to assume that Plaintiff sees Defendant McCarthy as unlikely to be able to pay any potential judgment. Therefore, Defendant Burhman was named in the case and made to defend meritless claims for the sole reason the she has the financial wherewithal to pay Plaintiff's claims and assets to attach to any judgment that Defendant McCarthy does not have. Plaintiff has named Defendant Burhman in this suit for improper reasons and as a result, Defendant Burhman has been made to expend a considerable sum of money in attorney fees and expenses in defense of this improper action. Therefore, the panel should find in favor of DoC'Ument#: 241161.1 ,j.-: ,0 _,__, """'-".' ^"''' _~"c .-_, _I;<,',,__~~~_ P_'~_'"._".~_ ."~_,_",~_" , , . Defendant Burhman and against Plaintiff in the amount of the attorney fees and costs which she has had to incur. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & , P.C. By ~J;f/~ David H. Martineau, Esquire Attorney LD. No. 84127 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Date: August Z/- , 2002 Attorneys for Defendant Burhman Document #: 241161.1 I,. ">,,,~, . , ~-- -,-- .0 ,"'.,",-_~,"r-,",_" _ >0 _ ,_ ~/" '.~- - -,.,!' _ _L-,:-~,~I~-l"'" '-"J~ . , ,-, -,~ " - ~ ,_. 30 Nov 1998 Will: Hi! Hope you and your family are OK and that the divorce recovery is going well-I'm writing for two reasons. The first is that your rent is late - again. The second is about your buying the condo. Mom broke her hip last week and will be coming here to recover. After that (within a month or so), she will be moving into an assisting living facility. This puts quite a burden on my already strained finances. As for the rent, I can't afford to continue to let it slide. I have money problems of my own. So, please send your November rent as soon as possible. As for the back rent, you can pay me $250 of it with your Dec. 19th payment and $250 with your Jan. 19th payment. As far as your buying the condo, if you do still want to do that please let me know so we can at least get that process started. Once you let me know, I'll send you my requirements, e.g., price, deposit amount, closing date, etc. If we can come to an agreement, then we'll sign an agreement and you can give me a deposit and start the process of getting a mortgage. If'you don't want to buy the condo, then I'll probably put it on the market soon after the first 'of the year. As I've said before, I wish I'could let this ride, but I need to get moving on it; And I need to have your rent on time. Best, DEFENDANT BUHRMAN. A/K/ A McCARTHY EXHIBIT , ' ~',.~~ Dec. 22, 1999 will: ' Hi...and Merry Christmas. Are you prepared for the Millenium? I will be ~ glad when it's over. I don't like New Year's ~nyway and this year is particularly ridiculous. Steph and Max and Hill will be here for Christmas. Chef Hillary is doing Christmas dinner. Oh, and my Mom and my brother John are coming too. I need to make a game of being around my mom - like count the times and things she complains about. Most recently, "Isn't Hillary a bit old to wear her hair so long." Also, "I think Hillary is too thin." Which is funny because usually she talks about how much everyone needs to lose weight. I tell myself it's only two days. My tolerance for people's nonsense seems to diminish daily. Maybe it's age. I taught my last class of the semester yesterday and it will be my last freshman camp class. Too much work, frustration and too little money. I'm going to finish the mystery novel I started last year and try to sell it to generate income. Or work at McDonald's. Anything but freshman compo Which brings us to money. I need to put the rent back to $700 beginning Jan. 1. My finances are strained and not likely to get better. If you can't do.$700, I need to put the condo up for sale asap. In any event, I do want to sell it in the next year so if you still want to buy it, you should start working on that process. You probably know this, but it will be hard to get a mortgage if your finances aren't in good shape. Amy called me a few days ago...our first contact-since she reneged on Steph's wedding at the last minute. It's strange talking to Amy because I never know if what she's saying is true. She complains a lot about Sherry's lying but I suspect hers is as bad. It's sad. I miss who I thought she was and I miss you two. Maybe it was all an illusion. So much is., Anyway, the more time goes by, the hope you're realizing that too. holiday. better off I think you are. I Again, hope you have a great Love, DEFENDANT BUHRMAN, A/K/A McCARTHY EXHIBIT J - -, "- "~" je,"! Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA GRACE SAGE v. CIVIL ACTION - LAW WILLIAM McCARTHY, and AMY BUHRMAN, a/k/a AMY McCARTHY, NO. ()oo1 - 0 ~'i '-t ~ Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Grace Sage c/o Douglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, P A 1711 0-1533 Attorney for Plaintiff You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By PJ#/-I.-t1 -....-". David H. Martineau, Esquire Attorney J.D. No. 84127 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendants Dated: June I'; , 2001 Document #173211 f"" ~ ,-- .r r"""""-II : I ' ~- -~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GRACE SAGE v. CIVIL ACTION - LAW WILLIAM McCARTHY, and AMY BUHRMAN, aIkIa AMY McCARTHY, NO. Defendants JURY TRIAL DEMANDED DEFENDANT BUHRMAN'S ANSWER TO PLAINTIFF'S COMPLAINT AND NEW MATTER Defendant, Amy McCarthy, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, P.C., answer the corresponding numbered paragraphs of Plaintiffs Amended Complaint as follows: 1. Denied. After reasonable investigation, Defendant Buhrman is without sufficient knowledge to form a belief as to the truth of the averments in paragraph 1 of Plaintiff s Complaint. Strict proof thereof is demanded at the time of trial. 2. Admitted in part; denied in part. It is admitted that Defendant McCarthy is an individual. The remaining allegations are denied. After reasonable investigation, Defendant Buhrman is without sufficient knowledge to form a belief as to the truth of the remainder of the averments in paragraph 1 of Plaintiff's Complaint. Strict proof therefore is demanded at time of trial. 3. Admitted in part; denied in part. It is admitted that the address given for the defendant is correct. It is denied that the name given for the defendant is correct in that it is not current. By way of further answer, Defendant Buhrman has taken the name of Amy L. B. Brabrand. (Defendant Buhrman is hereafter referred to as "Defendant Brabrand") Document #: 20867&1 '."-~- ' ',- I" "I~rl ., ':"'!~I " ~- ~ ~,,~ ~'-""- 4. Denied. 5. Denied. 6. Admitted in part; denied in part. It is admitted that Defendants paid $500 in rent per month to Plaintiff. It is denied that rent was paid pursuant to any formal rental agreement, either written of oral. 7. Denied. 8. Denied. 9. Denied. 10. Denied. 11. Denied. After reasonable investigation, Defendant Brabrand is without sufficient knowledge to form a belief as to the truth of the averments in paragraph II of Plaintiff s Complaint. Strict proof thereof is demanded at the time of trial. 12. Denied. After reasonable investigation, Defendant Brabrand is without sufficient knowledge to form a belief as to the truth of the averments in paragraph 12 of Plaintiffs Complaint. Strict proof thereof is demanded at the time of trial. 13. Denied. After reasonable investigation, Defendant Brabrand is without sufficient knowledge to form a belief as to the truth of the averments in paragraph 11 of Plaintiff s Complaint. Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 contains a conclusion of law to which no responsive pleading is required. To the extent that a responsive pleading is required, Paragraph 14 is denied. Document #173211 '~~" rr ! -: - I . 15. Denied. After reasonable investigation, Defendant Brabrand is without sufficient knowledge to form a belief as to the truth of the averments in paragraph 15 of Plaintiff's Complaint. Strict proof thereof is demanded at the time of trial. 16. Denied. Denied outright with respect to Defnendant Brabrand, with respect Defendant McCarthy, after reasonable investigation, Defendant Brabrand is without sufficient knowledge to form a belief as to the truth of the averments in paragraph 16 of Plaintiff's Complaint. Strict proof thereof is demanded at the time of trial. 17. Denied. Denied outright with respect to Defnendant Brabrand, with respect Defendant McCarthy, after reasonable investigation, Defendant Brabrand is without sufficient knowledge to form a belief as to the truth of the averments in paragraph 17 of Plaintiff s Complaint. Strict proof thereof is demanded at the time of trial. 18. Denied. Denied outright with respect to Defnendant Brabrand, with respect Defendant McCarthy, after reasonable investigation, Defendant Brabrand is without sufficient knowledge to form a belief as to the truth of the averments in paragraph 18 of Plaintiff's Complaint. Strict proof thereof is demanded at the time of trial. 19. Denied. After reasonable investigation, Defendant Brabrand is without sufficient knowledge to form a belief as to the truth of the averments in paragraph 19 of Plaintiff's Complaint. Strict proof thereof is demanded at the time of trial. 20. Denied. After reasonable investigation, Defendant Brabrand is without sufficient knowledge to form a belief as to the truth of the averments in paragraph 20 of Plaintiff s Complaint. Strict proof thereof is demanded at the time of trial. Document #173211 'O"*~'f'.f~I_,,, n' ~ ~ ~ , I ~ - .~ 21. Denied. After reasonable investigation, Defendant Brabrand is without sufficient knowledge to form a belief as to the truth of the averments in paragraph 21 of Plaintiff's Complaint. Strict proof thereof is demanded at the time of trial. 22. Denied. Denied outright with respect to Defuendant Brabrand, with respect Defendant McCarthy, after reasonable investigation, Defendant Brabrand is without sufficient knowledge to form a belief as to the truth of the averments in paragraph 22 of Plaintiff's Complaint. Strict proof thereof is demanded at the time of trial. 23. Denied. Denied outright with respect to Defuendant Brabrand, with respect Defendant McCarthy, after reasonable investigation, Defendant Brabrand is without sufficient knowledge to form a belief as to the truth of the averments in paragraph 23 of Plaintiff s Complaint. Strict proof thereof is demanded at the time of trial. 24. Admitted in part; denied in part. It is admitted that Plaintiff has made demand for payment which payment was not made. It is denied that Defendant Burhman "failed" to pay Plaintiff is so much as the averment suggests that Defendant Brabrand was under some obligation to pay Plaintiff. Paragraph 24 is denied with respect to Defendant McCarthy, after reasonable investigation, Defendant Brabrand is without sufficient knowledge to form a belief as to the truth of the averments in paragraph 24 of Plaintiff s Complaint. Strict proof thereof is demanded at the time of trial. 25. Denied. After reasonable investigation, Defendant Brabrand is without sufficient knowledge to form a belief as to the truth of the averments in paragraph 25 of Plaintiff s Complaint. Strict proof thereof is demanded at the time of trial. ! I ! ! ! i~:~_, Document #173211 v -. ~, ""'1'_ .-.-., ~. ~ 'I-I , " 1'1 "~ 26. Denied. After reasonable investigation, Defendant Brabrand is without sufficient knowledge to form a belief as to the truth of the averments in paragraph 26 of Plaintiff s Complaint. Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant Brabrand avers that she is not liable to Plaintiff in any amount whatsoever and prays that the Complaint against them be dismissed and that they be awarded costs of defense and such other relief as may be just and appropriate. NEW MATTER By way of further answer and defense, Defendants aver the following New Matter in accordance with Pennsylvania Rule of Civil Procedure 1030: 27. Paragraphs I through 26 of this Answer and New Matter are incorporated herein by reference. 28. Plaintiff has failed to state a claim upon which relief may be granted. 29. Plaintiffs claims are barred by the applicable statutes oflimitation. 30, Plaintiff's claim is for the enforcement of a contract for an interest in real property. 31. There is no written contract signed by Defendant Brabrand. 32. Plaintiff's claim to enforce a contract is barred by the statute frauds. 33. Plaintiff's claim is to enforce an oral lease agreement of more than three years in duration. 33. Plaintiff's claim to enforce the contract is barred by the Landlord Tenant Act. 34. Defendant Brabrand moved out of Plaintiff's property on or about July 4, 1998. Document #173211 i-t~,,_IjIij~~ - Co " -,-- '1''''[ I 1< - ~._.~ 35. Defendant Brabrand has not entered Plaintiffs since she moved out on or about July 4,1998. WHEREFORE, Defendant Brabrand, avers that she is not liable to Plaintiff in any amount whatsoever and prays that the Complaint against them be dismissed and that they be awarded costs of defense, reasonable attorney fees and such other relief as may be just and appropriate. COUNTER CLAIM - VIOLATION OF PLAIN LANGUAGE CONSUMER CONTRACT ACT AND UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 36. Paragraphs I through 35 of this Answer and New Matter are incorporated herein by reference. 37. The contract Plaintiff claims to exist is a consumer contract under the Plain Language Consumer Contract Act. 38. To the extent that Plaintiff is able to show that any oral contract did exist, it is in violation of the Plain Language Consumer Contract Act. 39. It is believed and therefore averred that the Exhibit A to Plaintiffs Complaint is a lease form that has not been approved by the Attorney General of the Commonwealth of Pennsylvania. 40. Exhibit A to Plaintiff's Complaint contains language that is confusing in that contains: a. long words and sentences. b. references to the parties as "party of the first part" and "party of the second part" rather by personal pronouns. Document #173211 :';~,~~ ,-= ., -~I . ~r I' -, ~ ~ r-I c. sentences with more than one condition. 39. To the extent that Plaintiff is able to show that Exhibit A to Plaintiff's Complaint memorializes an agreement between the parties, Exhibit A is in violation of the Plain Language Consumer Contract Act. 40. Any violation of the Plain Language Consumer Contract Act is a violation of the Unfair Trade Practices and Consumer Protection Law. WHEREFORE, Defendant Brabrand prays this Honorable Court to enter judgment in her favor and for damages in the amount provided for by statute, reasonable attorney fees, and any other remedy that the Court finds just and appropriate. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: z:;:;:?/ #' JIII"'~~ """"') David H. Martineau, Esquire Attorney LD. No. 84127 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendants Date: June /~ 2001 -' Document #173211 ":~'" - ~, . -, - I'['! . "I ~ ~ _J'~__~~' -"' VERIFICATION I, Amy 1. B. Brabrand, hereby certify that the following is correct: The facts set forth in the foregoing Answer to Plaintiff s Complaint with New Matter are based upon information which we have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Answer to Plaintiff s Complaint with New Matter is that of counsel and not my own. I have read the Answer to Plaintiff s Complaint with New Matter, and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information, and belief. To the extent that the content of the Answer to Plaintiff s Complaint with New Matter is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Answer to Plaintiff s Amended Complaint with , New Matter are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. ~~~n>.~,~~ . B. brand Date: G, - IS . ~~e:, \ Document #173211 ,C'_~"""" ~ ~~ l'I'1'~H ..~ . ,~ I ~ ~~""""",."."",c>~ CERTIFICATE OF SERVICE AND NOW, this J f.....day of June, 2001, I, David H. Martineau, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendants, hereby certifY that I served the foregoing Answer with New Matter to Plaintiff s Complaint this day by depositing the same in the United States mail, postage prepaid, addressed to: Douglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg,PA 17110-1533 By: ~#~~ David H. Martineau, Esquire Document #173211 ~ -- 1 ' ~ - , - I -I ~ , GRACE SAGE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-2943 WILLIAM MCCARTHY and AMY BUHRMAN alkla AMY MCCARTHY Defendants CNIL ACTION - LAW NOTICE TO PLEAD TO: Ms. Amy Brabrand c/o David H. Martineau, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 YOU ARE HEREBY NOTIFIED, that the New Matter to Counter-Claim set forth herein contain averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. CALDWELL & KEARNS Dated: G-/77/U / ~ o . Mar~quire Attorney ID# 69804 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, Grace Sage :~c;,,,,,,,~,_:O"h -, '-"-"~~YY$"_'""'~" ,-1, _"",'"_,_, ,'_" -,"~"_I11j!'I"',_ -'- -"-'!",' --,-. o _~ GRACE SAGE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 01-2943 WILLIAM MCCARTHY and AMY BUHRMAN aIkIa AMY MCCARTHY Defendants CNIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT AMY BUHRMAN a/k/a AMY MCCARTHY a/k/a AMY BRABRAND AND NOW comes the Plaintiff, Grace Sage, by and through her attorneys, CALDWELL & KEARNS, and files the within Reply to New Matter of Defendant Amy Buhrman aIkIaJ Amy McCarthy aIkIa Amy Brabrand, and in support thereof avers the following: 27. No answer required. 28. Denied. Paragraph 28 is a legal conclusion to which no answer is required. 29. Denied. Paragraph 29 is a legal conclusion to which no answer is required. 30. Denied. Paragraph 30 is a legal conclusion to which no answer is required. 31. Admitted. 32. Denied. Paragraph 32 is a legal conclusion to which no answer is required. 33. Denied. Paragraph 33 is a legal conclusion to which no answer is required. 33. (Misnumbered) Denied, Paragraph 33 (rnisnurnbered) is a legal conclusion to which no answer is required. :lJ,r_,~ ,',' ,., ~~,-,., W-'-~:'''''"",-')"';':~'''''.'7-~'''Y''';':>- ',"_" -~~->- ,'~";- prr-'-'~ ,~' _" '_'<_", _ .~. '_"__ " ~ '1- . ,-' 34. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truthfulness of this averment, and therefore, the same is denied. 35. Denied. After reasonable investigation, Plaintiffis without knowledge or information sufficient to form a belief as to the truthfulness of this averment, and therefore, the same is denied. Counter Claim - Violation of Plain Langual!e Consumer Contract Act and Unfair Trade Practices and Consnmer Protection Law 36. No answer required. 37. Denied. Paragraph 37 is a legal conclusion to which no answer is required. 38. Denied. Paragraph 38 is a legal conclusion to which no answer is required. 39. Denied. Paragraph 39 is a legal conclusion to which no answer is required. 40. Denied. Paragraph 40 is a legal conclusion to which no answer is required. 39. (Misnnmbered) Denied. Paragraph 39 (misnumbered) is a legal conclusion to which no answer is required. 40, (Misnumbered) Denied. Paragraph 40 (misnumbered) is a legal conclusion to which no answer is required. New Matter to Counter-Claim 41. Plaintiff, Grace Sage, hereby incorporates Paragraphs 27 through 40 (misnumbered) as though the same were set forth in length hereunder. 42. Defendant's Counter -Claim fails to state a cause of action to which relief can be granted. 2 :t'__n 0',__ ~_"'"-<1_-""{'H_ ':_~-. -.,:,~~",-- '-"',-, ~"_~I"I~~' ..-_ '__n ._ '"","~_ ~, ,,- .1-'" '" , WHEREFORE, Plaintiff demands Judgment as prayed for in her Complaint. Respectfully submitted, CALDWELL & KEARNS Dated: ? Ill' / u I 00-446/26229 ~---?- Do . MarsIco, EsqUIre Attorney ID# 69804 3631 North Front Street Harrisburg, PAl 7110-1533 (717) 232-7661 Attorney for Plaintiff, Grace Sage 3 "'-,', '- CERTIFICATE OF SERVICE AND NOW, this ~antl day ofJune, 2001, I hereby certify that I have served a copy ofthe within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Hamsburg, Pennsylvania, postage prepaid, addressed to: David H. Martineau, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Hamsburg, P A 17110-0300 Attorney for Defendant, Amy Buhrman alkla Amy McCarthy a/k/a Amy LB. Brabrand F, Stephenson Matthes, Esquire 111 North Front Street Harrisburg,PA 17101 Attorney for Defendant, William McCarthy CALDWELL & KEARNS ~ By: , ,-- 'T:"~4, ",>,,'"-', - - ':"~'-Y"I'- - ^"'" '-~"_~ ,-'" f'-,,-I' .. ". GRACE SAGE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 01-2943 Civil Term WILLIAM MCCARTHY and AMY BUHRMAN a/k/a AMY MCCARTHY Defendants : CIVIL ACTION - LAW ANSWER, NEW MATTER OF COUNTERCLAIM OF DEFENDANT WILLIAM MCCARTHY TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, William McCarthy ("McCarthy"), by and through his attorneys, F. Stephenson Matthes, Esquire and the law firm of Tucker Arensberg & Swartz, P.C. and files the within Answer to Plaintiffs Complaint and in support thereof avers as follows: 1, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or veracity of the averments contained in paragraph 1 of Plaintiffs Complaint. Strict proof thereof is demanded at trial. 2. Admitted in part. It is admitted that Defendant William McCarthy is an adult individual, however it is denied that Defendant McCarthy resides at the address stated in Plaintiffs Complaint, Defendant has not resided at that address since Plaintiff terminated Defendant's lease in May of 2000. 3. Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or veracity of the averments contained in paragraph 3 of Plaintiffs Complaint. Strict proof thereof is demanded at trial. - 1 - ;?'I7'\ti~ ,-,. ,_"'Po'".",,'_ "~,_~_"_",,,,_,_o_o ~ "_,.~"~d"" '",>~ ~ 4. Admitted in part. It admitted that Defendants entered into a verbal rental agreement with Plaintiffto rent to condominium at 1071-6 Lancaster Boulevard, Mechanicsburg, PA 17055, however to the extent that the same is implied it is denied that any such terms were ever reduced to a writing or that specific terms were ever agreed upon other than a monthly rental amount. 5. Denied. It is denied that terms of any rental agreement were ever memorialized in writing or that any agreement was ever executed by the parties. By way of further answer, it is denied that the terms contained in Plaintiffs' Exhibit "A" constitute an agreement between the parties. 6. Admitted in part and denied in part, it is admitted that Defendants initially paid a rental amount of $500.00 per month for the Premises, however, any characterization to the "Agreement" as constituting the written document attached as Exhibit A to Plaintiffs Complaint are denied as no such other terms were ever agreed upon between the parties. 7. Admitted. 8. Denied. It is denied that a written Lease Agreement memorializing the terms of any rental agreement between the parties exists or that the original agreement for tenancy was anything other than a month to month tenancy with a fixed termination date in advance. 9. Denied. It is denied that Defendants made a binding verbal agreement or commitment to purchase the Premises at end of period oftime. To the extent that any discussion was made, any such agreement would be invalid under the Statute of Frauds. 10. Defendant is without sufficient and information as to the truth or veracity of the averments contained in paragraph 10 of Plaintiffs Complaint, to the extent that an answer is -2- j.,~) ,--~., ~ 0_.,,' ,. "..'___'c~._,". ~"""_ "",,ot_,,. ^" ,<"~, ''''' ,_ ., _ ~=,= . .-.-- required, it is denied that Plaintiff purchased the property as a favor to Defendants or in reliance that Defendants would purchase the property, II. Defendant is without sufficient and information as to the truth or veracity of the averments contained in paragraph II of Plaintiffs Complaint To the extent an answer is required the averment are denied. Strict proof thereof is demanded at trial. 12. Admitted in part, denied in part. It is admitted that Defendants surrendered the Property to Plaintiff in May of 2000, however, it is denied that there was still any understanding or expectation that Defendants would be purchasing the Property. By way of further answer, Defendant McCarthy surrendered the property at the specific request of Plaintiff 13. Denied. Defendants were not responsible for any charges for rent or condominium fees for the premises beyond May of 2000, the date that Defendant surrendered the Property to Plaintiff. 14. The averments contained in paragraph 14 of Plaintiffs Complaint are a conclusion of law to which no response is required, To the extent that an answer is required it is denied that Defendants breached the lease agreement, but rather, by way of further answer, it is averred that Defendant McCarthy surrendered the premises to Plaintiff at Plaintiffs request after thirty (30) day notice to vacate was given by Plaintiff. 15. Denied. It is denied that Plaintiff did not accept surrender of the property or immediately demanded rents due as Plaintiff made no demand for additional rent until a period of time after the surrender ofthe Premises by Defendants. By way of further answer, Plaintiff requested that Defendants vacate the property in April of 2000 providing notice to Defendant McCarthy of her wishes to have him leave the property, thus terminating the Lease. - 3 - i ki!1i1. ,",. ~v. _'" '~c.', <",'^'___'_~=_'_"_ .'"~ -=, ~,- :."' 16, Denied, It is denied that the premises were not kept in clean and sanitary condition or maintained in good repair by Defendants, By way of further answer, the premises were subject to reasonable wear and tear during the time that Defendants were in possession of the property. 17. Admitted in part, denied in part. It is admitted that Defendants had pets at the property, however, it is denied that these pets caused "extensive damage." 18, Denied. It is denied that the property was not kept in substantially similar condition as it was leased to Defendants, short of normal and acceptable wear and tear. 19. Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or veracity of the averments contained in paragraph 19 of Plaintiffs Complaint. Strict proof thereof is demanded at trial. 20. Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or veracity of the averments contained in paragraph 20 of Plaintiffs Complaint. Strict proof thereof is demanded at trial. 21. Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or veracity of the averments contained in paragraph 21 of Plaintiffs Complaint. Strict proof thereof is demanded at trial. 22. Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or veracity of the averments contained in paragraph 22 of Plaintiffs Complaint. By way of further answer, it is denied that Defendant McCarthy did not return any mailbox key to Plaintiff. Defendant's mailbox key was left in Premises when Defendant McCarthy surrendered the Premises to Plaintiff at Plaintiffs request. - 4- \.".-,,, ".' _....~.-""'~'...,. . ""W'''''.'. "'.~I=. . , 23. Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or veracity of the averments contained in paragraph 23 of Plaintitl's Complaint. Strict proof thereof is demanded at trial. 24. Admitted in part, denied in part. It is admitted that Plaintiff has made demand on Defendant for payment of rent and damages, and that Defendants have failed to pay charges demanded, however, it is denied that any outstanding rent or damage amounts exist. 25. Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or veracity of the averments contained in paragraph 25 of Plaintiffs Complaint. By way of further answer, it is denied that Plaintiff has suffered any loss of rent, loss of condominium fees or other damages as listed in paragraph 25 as Plaintiff terminated the month to month lease giving proper thirty (30) day notice to Defendant McCarthy. 26. Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or veracity of the averments contained in paragraph 26 of Plaintiffs Complaint. Strict proof thereof is demanded at trial. Strict proof thereof is demanded at trial. WHEREFORE, Defendant McCarthy respectfully request this Honorable Court to dismiss Plaintiffs Complaint with prejudice and award to answering Defendant attorneys' fees and costs and any such relief as is deemed just and fair. NEW MATTER 27, Answering Defendant McCarthy hereby incorporates his answers to paragraphs 1 - 26 as if set forth in full herein. 28. The parties never executed a written lease with respect to the rented premises. As there was no executed lease between the parties, the specific terms contained in the document ; I I I I I L r:,. - 5 - -' . ~;"':"_'-'W"_'''''''''o',~,l'~'''''"",___~,~,,~_,",_,_o,__,"d-~r,..,,,'_'~"__.,._.~,~,~~=.=_<~_~, .,'" ,_ , :~ attached as Exhibit "A" to Plaintiff's Complaint are not binding upon Defendants as they do not reflect terms agreed upon by the parties. 29. Defendants had an oral agreement for rental of the Property with Plaintifffor the sum of $500.00 per month, 30. In approximately January, 1999, Plaintiff informed Defendant McCarthy that she would be changing the rental terms for the Property to require monthly rental payments of $700.00 from Defendant McCarthy. Defendant McCarthy began making payments under the new lease terms with Plaintiff of $700.00 per month. 31. By increasing Defendant McCarthy's rent without other notice, Defendant thereby created a new month to month lease for the Property. 32. Plaintiff voluntarily increased the monthly rental amounts, thereby materially changing any existing original rental terms that may have existed. 33, In August of 1999, Plaintiff changed the terms of rental by decreasing Defendants' rent from $700,00 a month to $500.00 per month. 34. Defendant McCarthy began paying rent at the modified rate of$500.00 per month thereafter. 35. Plaintiff again changed the terms of rental in January, 2000, when she increased the rent to $700.00 per month. 36. Defendant McCarthy paid this new monthly rental amount. 37. For a forth time, Plaintiff changed the terms of the rental in April of2000 by reducing Defendants' rent to $500.00 per month. 38. Defendant paid this reduced rate through the end of his rental period. -6- -, ""'/,',Y',-},~,~,,:,_,<_,~,___, ,:~_,c,,,,__,,,__,, --""''p'~_'''I~r.'''''~_>>' ..",,"~^_," .'.=','_"___,.~ __,-e-., .~._ 39. In April of 2000, Defendant McCarthy timely made rental payment to Plaintiff. 40. Despite timely rental payment by Defendant McCarthy, Plaintiff apparently lost or misplaced Defendant McCarthy's rental check and telephoned McCarthy demanding a replacement check. 41. McCarthy immediately complied with Plaintiffs request for a replacement check for the April, 2000 rent. 42. Shortly thereafter, Plaintiff telephoned McCarthy and requested that he vacate the premises within thirty (30) days, thus, terminating the month to month rental between the parties, 43. As a result of Plaintiffs termination notice, Defendant McCarthy sought and secured alternative housing. 44. Several days after Defendant McCarthy had secured housing for himself, Plaintiff contacted him, asking him to reconsider leaving and asked ifhe would be willing to continue to rent the premises from her. 45. No writings whatsoever exist stating that Defendants would be bound or otherwise agreed to purchase the Property from Plaintiff. 46, No written agreement or any other such writing memorializing terms of any lease agreement between the parties was ever prepared. 47. Any sale ofthe Premises to Defendants would have exceeded the sum of $500.00. 48. Any rental term between the parties other than the month to month rental during the period oftime when rent was set at $500.00 per month was ever reduced to writing between the parties. -7- ,~ ,c_,_ ",,", ;~,"~,~V_~_d;,_"'''''~_~_~,~,",_''~'_ ~,~__." ,~.".,"_, ~_ 49. The carpet in the Property was in excess of twenty-five years old and was not in good condition when Defendants moved into the Property. 50. The vinyl flooring in the property was also similarly aged approximately twenty- five years and was not in good condition when Defendants took possession of the Premises, 51. It is believed and therefor averred that Plaintiff made no attempts to relet the Property until December of2000. 52. There is no mention in any writing or alleged verbal conversation reference to any obligation on the part of the Defendants for payment of property management fees. WHEREFORE, Defendant McCarthy avers that he has no liability to Plaintiff for any amounts claimed as damages in Plaintiffs Complaint and prays that the Complaint against him be dismissed and he be awarded reasonable costs of defense including attorneys fees and any other such relief as may be just and fair. AFFIRMATIVE DEFENSES By way of further answer and defense, Defendant McCarthy avers the following affirmative defense; 53. Paragraphs I - 52 of this responsive pleading are incorporated herein by references as set forth in ful1. 54. Plaintiff has failed to state a claim upon which relief may be granted. 55. Plaintiffs claim to enforce an oral contract is barred by the Statue of Frauds. 56. Plaintiffs claim is barred by the applicable Statue of Limitations. 57. Plaintiffs claim is barred by accord and satisfaction. 58. Plaintiffs claim to enforce a contract is barred by the Landlord Tenant Act. -8- r:""-~"",,,- ~ ~ -'1,~"o,-t,--" '_'~_' .,,<._ '.N,_'" """,'"~_',"-~r"~'l';''''''_''_'" ~,~" _ ",- 0 ,~ . 59. Plaintiffs claim is barred to the extent that Plaintiff has failed to properly mitigate her damages. 60. Plaintiff is attempting to enforce an oral lease agreement claimed to be greater than three years in duration. 61. To the extent Plaintiff has suffered any damages, which is denied, these damages have been caused by the negligence of Plaintiff. 62. Any loss or damage which Plaintiff claims to have suffered are the sole and exclusive result of Plaintiffs conduct and not as a result of acts and/or omissions by Defendants. WHEREFORE, Defendant William McCarthy hereby respectfully requests this Honorable Court to dismiss Plaintiffs Complaint with prejudice and award to Answering Defendant reasonable attorneys' fees, costs of defense and such other relief has may be just and fair. COUNTER CLAIM - Violation of Plain Language Consumer Contract Act and Unfair Trade Practices and Consumer Protection Law 63. Paragraphs I - 62 of this Answer and New Matter are incorporated herein by reference. 64, The contract Plaintiff claims to exist is a consumer contract under the Plain Language Consumer Contract Act. 65. To the extent that Plaintiff is able to show that any oral contract did exist, it is in violation of the Plain Language Consumer Contract Act. 66. Although it is denied that a written memorialization of Contract terms exists or that the document attached as Exhibit A to Plaintiffs Complaint reflects agreed-upon terms between the parties, it is believed and therefore averred that the Exhibit A to Plaintiffs -9- ~ Complaint is a lease form that has not been approved by the Attorney General of the Commonwealth of Pennsylvania. 67, Exhibit A to Plaintiffs Complaint contains language that is confusing in that contains: a. long words and sentences. b. references to the parties as "party of the first part" and "party of the second part" rather by personal pronouns. c. sentences with more than one condition. 68. To the extent that Plaintiff is able to show that Exhibit A to Plaintiffs Complaint memorializes an agreement between the parties, Exhibit A is in violation of the Plain Language Consumer Contract Act. 69. Any violation of the Plain Language Consumer Act is a violation of the Unfair Trade Practices and Consumer Protection Law. - 10 - ~2' -'~"""'~" c',', - ""~,~'i'>1 ,",-"~~c ,~""',,,, 'r' ';~'.7 ,_', .",. ."~"..",_'I""",,,,,,,,,,_,,,'_,~,,,,,_,, ,_ . ~ ..__~_" ,,".0 WHEREFORE, Defendant McCarthy prays this Honorable Court to enter judgment in his favor and for damages in the amount provided for by statute, reasonable attorney fees, and any other remedy that this Court finds just and appropriate. Respectfully Submitted: TUCKER ARENS BERG & SWARTZ p,e. F. sf h nson atthes, Esquire Attorne ID # 67408 III North Front Street Harrisburg, PA 17101 (717) 234-4121 Attorney for Defendant, William McCarthy - 11 - I,.... . ~--~. "'>~c_. _ _ '-~""~"'F'-,-"",;,~__-"__,""_',,,_-;-'"_I"'__I'e.,.._, ,_," ~ ,_~, _n, VERIFICATION I, F, STEPHENSON MATTHES, attorney for the Defendant, William McCarthy, in the within action, make this verification on behalf of the Defendant, who is not available at this time, and affirJIl that the facts set forth in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Dated: f.- 'J f ~ UJ ,:~-"",_. To"__ ~"_ .," <""""",,_ _ '__~;"C_",,_",' r_._' _ ,., Il!!'r,~, "r'_., _, ,,"__~ _~__ GRACE SAGE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, : NO, 01-2943 Civil Term WILLIAM MCCARTHY and AMY BUHRMAN a/k/a AMY MCCARTHY Defendants : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 2'7rh.. day of August, 2001, I, F, Stephenson Matthes, hereby certify that I have served a copy of The Answer Of Defendant William McCarthy To Plaintiffs Complaint by U, S. mail, postage prepaid to the following addressees: Douglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 David H, Martineau, Esquire Metzger, Wickersham, Knauss & ERB, P.C, P,O, Box 5300 Harrisburg, PA 17110- ~ 0 42593 F. Ste h nson Ma es, Esquire Tucker, 1\rensberg, P,C. Attorney ID # 67408 III North Front Street Harrisburg, PA 17101 (717) 234-4121 ." '--~,.-, ~-'.,..,- ~----,,-_.- ,- ' . ~ ~ .! ,1 I Ii II' III I: II I..'... Iii :1 i1 ,J II, ; I~ - ~~-~ >.' -~, ~.l " ~_. ~.- ,-~ ,,' .0..(-''<' I'_~. _ co "r ,,,=-~., _ , -~~-, " -. . - . ~_ ~_~ -~r'~'~-' - '",~' ,'. C':, ~~;f'-- / . Ct'_, ..", ~:: ~' ...,> f~;'--' ,~"":"_~_'^_~ ~~mJ'lfijW~~~!_P),:,?ll\'l~,lil, c> 1-1 7:.. -:') r- ) JSJ r,,) .1 i -~ C,l) _~~ltiWW_,", .'__~ '" .. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GRACE SAGE v, CIVIL ACTION - LAW NO, OI-~943 WILLIAM McCARTHY, and AMY BUHRMAN, aIkIa AMY McCARTHY, Defendants JURY TRIAL DEMANDED DEFENDANT BUHRMAN'S REPLY TO PLAINTIFF'S NEW MATTER Defendant, Amy Brabrand aIkIa Amy Buhrman aIkIa Amy McCarthy ("Defendant Brabrand"), by and through her attorneys, Metzger, Wickersham, Knauss & Erb, P,C., answers the corresponding numbered paragraphs of Plaintiff's Reply to New Matter of Defendant Amy Buhrman aIkIa Amy McCarthy aIkIa Amy Brabrand, Defendant Brabrand hereby addopts and incorporates in to this Reply all responses and new matter set forth in Defendant Brabrand's Answer to Plaintiff's Complaint and New Matter filed with the Court June 19,2001 and responds now to the Plaintiff's New Matter as follows: 41. No response is required. 42. Denied, Paragraph 42 contains a conclusion oflaw to which no responsive pleading is required. To the extent that a responsive pleading is required, Paragraph 42 is denied, WHEREFORE, Defendant Brabrand demands judgment as prayed for in her Answer to Plaintiffs Complaint and New Matter. DocuIIlent #173211 '-f"~""."'r'i'( rI I I , " I, '" , c. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P,C. By: z/ ;/ ;r/ //r~--- David H. Martineau, Esquire Attorney LD. No. 84127 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendants Date: June 21,2001 Document #173211 """",, ~~"~ 11'1 "1 , ~- ~~- , . . CERTIFICATE OF SERVICE AND NOW, this"l. -fl'~ay ofJune, 200 I, I, David H. Martineau, of Metzger, Wickersham, Knauss & Erb, P ,C., attorneys for Defendants, hereby certify that I served the foregoing Answer with New Matter to Plaintiff's Complaint this day by depositing the same in the United States mail, postage prepaid, addressed to: Douglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg,PA 17110-1533 F. Stephenson Matthes, Esquire III North Front Street Harrisburg,PA 17101 By: D/;f#% ~ - David H, Martineau, Esquire Document #173211 ,,,",,"f'J_ ^~ . 1"''1''+1 ^~~ I' c ... GRACE SAGE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, NO. 01-2943 WILLIAM MCCARTHY and AMY BUHRMAN a/k/a AMY MCCARTHY Defendants CNIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT WILLIAM MCCARTHY AND NOW comes the Plaintiff, Grace Sage, by and through her attorneys, CALDWELL & KEARNS, and files the within Reply to New Matter of Defendant William McCarthy, and in support thereof avers the following: 27. No answerrequired. 28, Admitted in part, denied in part. It is admitted that there is no executed written lease. Exhibit "A" to the Complaint was a lease agreement provided by Defendant Amy Buhrman a/k/a Amy McCarthy, and memorializes in part the oral lease between the Plaintiff and Defendants. 29. Admitted in part. It is admitted that the Defendants had an oral agreement to rent the property for a period offive (5) years at the sum of Five Hundred Dollars ($500.00) per month. Byway of further answer, while the amount of the lease was modified per agreement between the parties, the remaining terms of the lease remained unchanged. 30. Denied. The allegations in Paragraph 30 are specifically denied and strict proof is demanded at trial. Defendant William McCarthy agreed to a change in the amount of rent. The remaining "(:C~_. .""_ __~_"_V "'.'". __ __.R_I_'I e..,.,_,,,. ,_ - - ;. -" -- ,~ e' ... tenns of the lease remained unchanged including the tenn. Defendant William McCarthy subsequently asked the Plaintiffto reduce the amount ofthe rent when he had problems making the payments. This reduction was agreed upon by the Plaintiff. 31, Denied. The allegations in Paragraph 31 are legal conclusions to which no answer is required. 32. Denied. The allegations in Paragraph 32 are legal conclusions to which no answer is required. 33, Admitted in part. By mutual agreement, the Plaintiff and Defendant McCarthy agreed to reduction of the Defendants' rent because of alleged financial difficulties of Defendant William McCarthy. 34, Admitted. 35. Denied. The allegations in Paragraph 35 are specifically denied and strict proof is demanded at trial. 36. Denied as stated. The allegations in Paragraph 36 are specifically denied and strict proof is demanded at trial. 37, Denied. The allegations in Paragraph 37 are specifically denied and strict proof is demanded at trial. 38, Denied. The allegations in Paragraph 38 are specifically denied and strict proof is demanded at trial. 39. Denied. The allegations in Paragraph 39 are specifically denied and strict proof is demanded at trial. 2 ;:r;<!'1'l' '.-.', _, _<."~J'__, ~ _.'~"-- ." 1""1 - m.H"-'~ _ '_""'_~'_,'O ~_I ". . EI'" ~ . ,- . 40. Denied. The allegations in Paragraph 40 are specifically denied and strict proof is demanded at trial. 41. Denied, The allegations in Paragraph 41 are specifically denied and strict proof is demanded at trial. 42. Denied, The allegations in Paragraph 42 are specifically denied and strict proof is demanded at trial. 43. Denied. The allegations in Paragraph 43 are specifically denied and strict proof is demanded at trial. 44. Denied. The allegations in Paragraph 44 are specifically denied and strict proof is demanded at trial. 45. Admitted. 46. Admitted in part, denied in part, Exhibit "A" to the Plaintiffs Complaint was provided to the Plaintiff by Defendant Amy Buhrman a/k/a Amy McCarthy. 47, Admitted, 48. Denied as stated, It is admitted only that the parties did not execute a written lease. 49. Denied. The allegations in Paragraph 49 are specifically denied and strict proof is demanded at trial. 50. Denied, The allegations in Paragraph 50 are specifically denied and strict proof is demanded at trial, 3 , . .-. -~"-' -~. ,,>> "., ;<"""'~- - -,-"--;'''r:'"I-", --~-, " ' - 51. Denied, The allegations in Paragraph 51 are specifically denied and strict proof is demanded at trial. 52. Denied. The allegations in Paragraph 52 are specifically denied and strict proof is demanded at trial. By way of further answer, the Defendants, during the course of the lease, paid the property management fees. AFFIRMATIVE DEFENSES 53. No answer required. 54-62. These allegations are conclusions of law to which no answers are required. COUNTER-CLAIM - Violation of Plain Lanl!ual!e Consumer Contract Act and Unfair Trade Practices and Consumer Protection Law 63, No answerrequired. 64. Denied, The allegations in Paragraph 64 are legal conclusions to which no answers are required, By way of further answer, an oral contract is not covered under the Plain Language Consumer Act. In addition, Exhibit "A" ofthe Complaint was provided by Defendant Amy Buhrman a!k/a Amy McCarthy. 65. Denied. The allegations in Paragraph 65 are legal conclusions to which no answers are required. By way of further answer, the Plain Language Consumer Contract Act does not apply to oral contracts, 66, Denied for reasons set forth above. 4 ~. '"" :,oo f' ''''~"',~ , _ C' _ _~<\":"'\': .' "',y, ,__~_,_ -- "- ~-,-"~,, ~ ~ I - - ,~ ., 67. Denied forreasons set forth above. 68. Denied for reasons set forth above. 69, Denied. The allegations in Paragraph 69 are legal conclusions to which no answer is required. WHEREFORE, Plaintiff demands Judgment as prayed for in her Complaint. Respectfully submitted, CALDWELL & KEARNS Dated: /o/ioh; , arsico, Esquire t ey ID# 69804 631 North Front Street Harrisburg, PA 17110-1533 (717) 232.7661 Attorney for Plaintiff, Grace Sage 00-446/30947 5 _\~,,~ ,< ,~''" ".., , ,.,. 'I~I' ;'" '''_T, -. ~-, _?" CERTIFICATE OF SERVICE AND NOW, this ~ day of October, 2001, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: David H. Martineau, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P,O. Box 5300 Harrisburg, P A 17110-0300 Attorney for Defendant, Amy Buhrman a/k/a Amy McCarthy a/k/a Amy L.B. Brabrand F. Stephenson Matthes, Esquire 111 North Front Street Harrisburg, P A 17101 Attorney for Defendant, William McCarthy CALDWELL & KEARNS , . By ~~HWA4V; J '''''''fJJ! ~,-, ')'f'_,~-- ,-- .,' . 1.'1'-" -" ',; I. . ~ ,~ " .. """ y'-- ,~ "" ., '-....'" , o ~ t}~ ~~\ ' ~ ~ ' (,,; ,~~ ^-- -,. ,~-.- ,-". ~, ,.::' ') , .,' ,-'-- ( ~-, r- _~,_"," _ "~,,.., J!~.Jr .F _,..~~~J\'l'fI!iP'W"';f~n~;t'~~~tT.")_""Fo- _,.,,\r{;"~_-~''''';-'''"T_~$1!; . > , GRACE SAGE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, : NO, ()l-::l9'-tJ (I~~l '-r~ WILLIAM MCCARTHY and AMY BUHRMAN aIkIa AMY MCCARTHY Defendants : CIVIL ACTION. LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a 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 Dr property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOU 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717)249-3166 ~:~\n ','>" , . - '_"> '='"'-',_"'",',""~~_', ,_, " e,. .0' ~ _ _11"I" _,_ ~ ~~-. . GRACE SAGE, : IN THE COURT OF COMMON PLEAS < : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. WILLIAM MCCARTHY and AMY BUHRMAN aIkIa AMY MCCARTHY Defendants : CIVIL ACTION - LAW NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas enlas 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 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo a viso 0 notificacion, ypor cualquier queja 0 alivio que es pedido en la peticion de demanda, Usted puede perder dinero 0 sus propiedades 0 otros derechos irnportantes para usted. LLEVE ESTADEMANDAA UN ABODAGO INMEDIATAMENTE. SINOTIENE ABOGADO o SINOTIENEELDINERO SUFICIENTEDE PAGAR TAL SERVICIO, VAYAENPERSONA o LLAME POR TELEFONO ALA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 i!>, ,'~ ."", <_,"~~_0-"'\"~'" ~'C'3'"" "_",t< ,'~ -- """=","',"'I""r ,__.~_,~_ " ,.,,,"_ '_""'_'_' ,_ ,.'1 ". < [~. GRACE SAGE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 0/- ;2'1'13 ~ I~ WILLIAM MCCARTHY and AMY BUHRMAN a/k/a AMY MCCARTHY Defendants : CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, Grace Sage, by and through her attorneys, Caldwell & Kearns, and files the within Complaint, and in support thereof avers the following: 1, The Plaintiff, Grace Sage, is an adult individual residing at 15 Charles Court, Ocean, New Jersey 07712. 2, Defendant William McCarthy is an adult individual with a last known address of 1071-6 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant Amy Buhrman a/k/a Amy McCarthy, is an adult individual with a last known address of 4626 South Cobia Way, Nagshead, North Carolina 27959, 4. On or about September 19, 1996, the Defendants entered into a Rental Agreement with the Plaintiff to rent a condominium located at 1071-6 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055. 1 F::,crJ_-_~ ~ _ ,- _'" _.'d,'~,~'.,-. '..'~- ',"_' ._''o''~'_,'I.,I/',...,',,__,,','' _ ,_"___,, \___" ,. '__',I 5. The terms of the Rental Agreement are memorialized in the Agreement dated September 19, 1996, which is attached hereto as Exhibit "A" and incorporated by reference. 6, The original Agreement called for the Defendants to rent the property for $500.00 per month. 7. It was also agreed upon that Defendants would pay all utilities and the condominium fees. 8. Pursuant to the Lease Agreement, the Defendants would rent the property until September 1,2001. 9. It was also verbally agreed by the Plaintiff and Defendants that the Defendants would purchase the property at the end of the five-year term. 10. In fact, the property was purchased by the Plaintiff as a favor to the Defendants with the understanding that the Defendants would eventually purchase the property. 11. During the course ofthe rental agreement, the Defendants were often delinquent with the rental payments and condominium association fees. 12. In May 2000, the Defendants surrendered the property and advised that they would not be purchasing the property, 13. The Defendants owed rent and condominium fees for June, July, August, September, October and November. 14. The Defendants breached the Lease Agreement. 15. The Plaintiff did not accept the surrender of the property, but immediately demanded from Defendants all rents that were due until the property was sold or re-rented. 2 ',',j ,- ~ < ~. ,(, "''"'''-' -". -, .~;~,---, -" ,." -1'-" n. -<';,,' <l" _1_', -, ,c_n~ 16. The Defendants failed to keep the premises in clean and sanitary condition or maintain the property in good repair. 17, The Defendants allowed pets to live in the property which caused extensive damage, including urination on the carpets. 18. The Defendants failed to keep the property in substantially the same condition in which it was leased to Defendants, absent normal wear and tear. 19, The Plaintiff has been forced to replace the carpet and vinyl due to damage caused by the Defendants. 20. The Plaintiff was forced to carry special insurance for a vacant unit from June 2000 to November 2000. 21. The Plaintiff was forced to pay property management fees from June 2000 to November 2000. 22. The Plaintiff was forced to replace the mailbox key which was lost and/or not relinquished by the Defendants, 23, The Plaintiff was forced to repaint the walls of the property and make other repairs due to damage caused by the Defendants, 24. The Plaintiff has made demand on the Defendants for payment of outstanding rent and for the damages, but the Defendants have failed to pay the same. 3 ~'i!1,..",. -, - "-",J' " "'~" ,~_o,' '1',~ _~"r>___,~'''> ,', -.' - (ll!"L. _ ~ "." " __~ v." _0._ ~ .,," -" I 25. As a result of the Defendants breach ofthe Lease, the Plaintiff has suffered the following damages: L\ y J (a) Loss ofrent,~x mon}l'is at $500.00 per month (b) Loss of condo fees,~ m~ths at $154.00 per month (c) PP&L for a vacant unit, ~onths at $22,00 per month (d) Special insurance on vacant uuit (e) New carpet and vinyl (f) Repairs and painting (g) Property management fees (h) Replacement of mail key TOTAL: $3,000.00 $924.00 $132.00 $600.00 $3,100.00 - $2,000.00 ",.... $200.00 .,/ $50,00 $10,006.00 26. The Plaintiff has mitigated her damages by re-renting the property in December of2000. WHEREFORE, the Plaintiff demands judgment against the Defendants in the amount of Ten Thousand and Six ($10,006,00) Dollars, which amount is within the arbitration limits for Cumberland County. Respectfully submitted, CALDWELL & KEARNS ~~~q~";" mey ID# 69804 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, Grace Sage Dated:_5 jyh I 00-446/22800 4 \:'Jl'~ ,-,.. - ~ ~ , ,~ ~ ,~ This AgT:ee~ent Made this /yt;c dlyof A~ between 0~t:U%- j. ;5"-r-- fi~ 9' iv~?Je. ~ hereinafter styled the patty of the first pan. and v' t:7 / . hereinafter styled the party of the second part. dF;7/, , . AD.19Jt. WITNESSETH. That the said patty of the fust part. in roosideration of the rent and covenants hereinafta' mentioned, dotb demise and lease unlO the said patty of the second part 10 be used as a ~ the premises silullled in the Countyof ~ /0'7/ - t, A ~ /.3..?v-r/. and CanmonweaJth of pennsylvania. described as follows: ~ ~ -r oVJ...t.~ TO HA VB AND TO HOLD unlO the said party of the second part. subject 10 the conditions of this agreement for term beginning on the / q-t:A.; day of .J.u,JI. ,19 Y' ,and ending 011 clayof q-'I 'i - ,t9'-<<:,OI. 7~' IN CONSIDERATION OF WlDCH the said party of the second part agrees 10 pay 10 the said party of the fust part for the use and occupancy 01 the said premises, the sum of oS 0 (P ,~ dollaJs. payable. as / _ ''- /. .. . / . ,,__ " V'- ~ -r-/ . /'o-n" ~ I'F"",,~ a.d ~,.. ".~ .0uvw.,VlZ. (7)''- ~ /"7~ 7~. .'- / ft7~ ~ t1:/,L AS A RJR-rZ CONSIDERATION for the use and occupancy of said premises the said ~ of the ~zt~ second part hereby agrees 10 faithfully keep and be bound by the followmg covenants, conditionS and agreements, viz: The said premises are 10 be kept and maintained in as good repair and condition as at present and at the expiration of the lease, they are 10 be swrendered in like repair and condition. natural wear and damages happening by fue, stonn or other casualties only excel*d The premises are to be kepi in a clean and sanilal)' condition and all ashes or oIber garbage which may accumulate thereon during the tenn are to be removed. and in case of failure to remove the same the party of the fltSt part may collect as rent due and in arrears double the cost of removal: the water. lighting or other service for the use of the occupants of the said premises furnished by any Public Service Company during the said lenn sball be paid for by the said patty ci the second part unless otherwise provided bm:in, or the same may be collected by the said party of ihe first part as rent due and in arrears. Nothing sball be done upon said premises contrary 10 the conditions 01 the policies of insurance upon the buildings thereon whereby the hawd may be increased or the insurance invalidated; neither the wliole IIa' any portion of the said premises shaD be sublet, nor sbaIIthis lease or any inlereSl therein be assigned. nor shil!l the party 01 the second part remove or anempllo remove from said premises d'!"nJ the temI of this lease. without the wrilten consenl of the said party of the fust part; and no unlawful busmess shall at any time be carried on upon said premises. The removal of any goods from the premises, whether by day or by nighl, witliloul the wrinen consenl of the party of the firsl pari, shaII be deemed a clandestine and fraudulalt removal and such goods shaJ) remain liable 10 distress fer a period of thirty days after such removaJ wherever they maybe found. If default shall be made in !be payment of any part of the said rent after !be same becomes due. or in case of a breach or evasion or any aUempllO break or evade aay of the covenants or conditions of lhis agreement. the entire renl reserved for the full tenn of this 1ease remaining unpaid shaII become due and payable al once and may forthwith be collected by distress or otherwise, and at the same time the JllU1Y of the first part may forfeit and annul the expired portion of this lease and enter upon and repossess the said premises with or without process of law, and wilhout giving any notice wbatsoeVt7, Acceptance by the pany of the ,fltSt part of any of the said rent at any time after the same shall become due, afle! default bas been made ID the paymenl thereof. or any failure 10 enforce any of the rights herein reserved 10 the pany of the first pari, or any of the penalties. forteitures or conditions herein contained. shall not in any way be considered a waiver of the right 10 enforce the same at any times without any notice whatsoever, and any allempllO collect the rent by one poceeding shallllOl be considered as a waiver of the right to collect the same by any other proceeding. but all of the rights of the party of the fltSt part and all forfeitures, penallies and conditions may be enforced lOgether or successively al the option of the PartY of the first part. . ~'~" 0:1" ~,. _" '."., "'--", , -, '--"" ""',-~ _ '-,' , I~r,",',",,'._,_~__ . , It is fulhes a~ thai illh: party of theof ~~ sIIalIfiI, becomevol ' insoIvc~~ ~ ~I Jjfew die ,-It ~ , benefit of credilors, COIIIDUI any ~ _~ ~y. ,e a unllly pebbOll ,III " ew any . , judgment shaD be enlmd or and U1voluntary pelit10ll iii b8nbuplcy flied aJ8ilUlt die said party c:l die second pan, all !he renI reserved few die fuIJ term or this lease shaD become due and collectable immedialely by disuess or Olherwise. The prothonowy or any a1tooney of any Cowt of Record of Pennsylvania is hereby autborized 10 appear for and 10 confess a judgmenl agains! die said pany of die so;ood pan and in favew c:l die said party of die fU'Sl pan for the whole amoun! of said renl as hereinbefore set fll1h. And the said pany of !he second pan hereby waives die usuaI notice 10 qui\, and agrees 10 surrender said premises at the expiJatioo or said term. ew the lemIination of this lease. withoul any IIOlice whatsoever, And upon any proceeding instiluled few the recovery of said ren!, either by distress ew otherwise. the said party of the second pany waives the benefit of all appraisement. stay and exemption laws, the right of inquisition on real estate, and all OOnkruplCy ew insolvency laws IIOW in force or hereafter passed. Upon the breach of any or the covenants ew agreements or this lease or upon its IenninatiOll by foneiture, defaull or expiJation,!he ProthonoWy ew any atloWleYas af<nsaid is hereby authorized 10 appear for and 10 confess judgmen! in an amicable action or ejectment againsllhe said party of the second part and in favor of the said pany ollhe first part few thepremises herin descn'bed and 10 direct the immediate issuing of a wreit of habere facias possessionem with clause of fieri facias for COSlS. waiving all irregularities, withoul asking leave ol coon. It is futher agreed thai !he tenDS and condtions of this agreement and lease shall in no Wrj be changed ew altered except by a writing signed by all of the panies hereto; and if the said party of the second pan shaD continue in possession d the said premises after the expiration of said 1emI, at the option c:lthe said party of the fU'S1 part, such holding over may be held and deemed a renewal of this agreement for anoIber like term. the same as though a new agreement of leasing. identical with Ibis. had been executed and delivered by the said panies herelO for succeeding temI. L~""('\,, ~"''''\,,)~ .~c:.::o-"i!.,\Q-.9.~<6'& ~<>-'-\ -:'5.~'-\ C:.~ The conditions of this agreement shall extend 10 the adminislralors and executors of all the parties hereto. IN WITNESS WHEREOF. The panies aforesaid have hereunlO sel their hands and seals the day and year fU'Sl above wrinen. in the presence or (SEAL) (SEAL) (SEAL) ~ l".J ~ ~ ~ ) t~1 ~I~I ~ ~ ~ o~ 8. ~ '" 'is' \1:::- ~ ~ .::;", ~ '\) "'~ ~ i 't\ . ""'" ' " '! 'l::>. I> ... ... ... ... ... ... ... ... ... ... ... ... <:i '\ '1 'I .. Jl .. ... ., .8 .. .8 i ~ "! ill ;; e ~ I e ~ .c e - " a R ~ c '6- >. .. >. co " e >. ~ c c ~ ~ .. t!. :; " 8 c.. llI: < " < Jl to ~ :a ... ... - :_~~~,.,- . ' ...."'. " ,"-., -', . ,or , ,-I' c_, r-I~- "_,' " - _~ ,. " f'I' . . VERIFICATION I, Grace Sage, verify that the averments in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. ~=so By: '-,'co,.-,. ,"", ,,- ,~_, _', ,'" p _ ~___~"'{'__"I"1__",,,_,,,,,,_.. "",O"""',~~~__, ,_"~, '~"_o_, ~._ CERTIFICATE OF SERVICE AND NOW, this /5 +f'\ day of May, 2001, I hereby certify that I have served a copy of the within docuroent on the following by depositing a true and correct copy ofthe same in the U.S. Mails at Harrisburg, Pennsylvania, certified mail/returo receipt requested, postage prepaid, addressed to: Amy Buhrman a/k/a Amy McCarthy 4626 South Cobia Way Nagshead, NC 27959 CALDWELL & KEARNS B~ vhtu\JU!~ .' .'''' '--~. _ _,er! . This Agreement Made lhis /~ day of A~ R between 0~tUX j. ..5 "'r hereinafter styled the party of the fll'Sl pan. and ::II? A.D. 19 J (., ~ 9' y/~ .~e- ~ ~ bereinafter styled the party of the second part. WITNESSETH. That the said party of the flTSt part, in coosidecation of the reol and covenanlS hereinafter mentioned. dolh demise and lease unlO the said party of die second part 10 be UlIed as a ~ 1he premises situaled in the Counlyof ~ /O'?/- b A~ /.3.?v-/. and Commonweallh of pennsylvania, described as follows: ty:y.:;J.-<--- ~ -r V1.-t-~7 TO HAVE AND TO HOLD unlO the said party of die second part, subjed 10 1he conditions of this agreement for IeI1Il beginning on the / ~ day of .cf./.-?JL .19 7~ . and ending 011 dayof q-,/ 'j - ,~...{.;1o/. 7-' IN CONSIDERATION OF WHICH the said party of !be second part agrees 10 pay 10 1he said party of 1he flTSl part for the use and occupancy or the said premises. the sum of .sot).~ dollars. payable.as /. '/ /... / , 110' p-.- ~ -r-/ . /'Lrl7' . d...-.. ~ ~ a-d ~~ ~ .0 WS, V1Z: "...- ~ /'7~ 7~ -,. / L"7~ /U-~J ~ /'1... AS A FURTZ CONSIDERATION for the use and occupancy of said premises 1he said ~ of 1he ~!?~ second part hereby agrees 10 failhfully keep and be bound by lhe followmg covenants, conditions and agreemenlS, viz: 1l1e said premises are 10 be kept and maintained in as good repair and condition as at present and at the expiration of the lease. Ihey are 10 be surrendered in like repair and condition. natural wear and damages happening by fue. slorm or other casualties onIyexcepled. 1l1e premises are to be kepi in a clean and sanitary condition and all ashes or other gaJbage which may accumulate Ihereon during the term are 10 be removed. and in case of failure to remove !be same the party of lhe first pan may coHect as rent due and in arrears double the cost of removal: the waler, lighting or olher service for Ihe use of the oc:cupanlS of Ihe said premises furnished by any Public Service Company during Ihe said tenn shall be paid for by 1he said party or the second pall unless othelwise provided herein, or Ihe same may be coHected by the said party of the fusl part as rent due and in arrears. Nolhing shall be done upon said premises contrary 10 the conditions of Ihe policies of insurance upon the buildings Ihereon whereby the hazard may be increased or the insurance invalidated; neither the wb91e nor any portion of the said premises shall be sublet, nor sbaIIlhis Iease or any interest therein be assigned, nor shall the party of the second pan remove or attemplto remove from said prennises d~ the tenD of this lease. without the wrillen consent of the said pany of die first part; and no unlawful busmess shall at any time be carried on upon said premises. 1l1e removal of any goods from the premises, whether by day or by night, without the wrineo consent of the party or !be flTSt part, shall be deemed a clandestine and fraudulent removal and sncb goods shall remain liable 10 distress for a period of thirty days after such rernovaI wherever they may be found. If defaull shall be made in the payment of any pan of !be said rent after !be same becomes due, or in case of a breach or evasion or any anempl to break or evade any or the covenanls or cooditions of this agreement, the entire rent reserved for the ful1lenn of this lease remaining unpaid sbaII become due and payable at once and may forthwilh be collected by distress or otbefwise, and at the same time the party of the first part may forfeil and annul the expired portion of this lease and enler upon and repossess the said premises with or without process of law, and without giving any notice whatsoever, Acceptance by the pany of the frrst pan of any of the said rent at any time afler the same shall become due, after default has been made in Ihe payment thereof, or any failure 10 enforce any of the righlS herein reserved to Ihe pany of the first part, or any of the penalties, foneitures or conditions herein contained, shalI nOI in any way be considered a waiver of the right 10 enforce Ihe same al any times without any notice whatsoever, and any allempl to collect the rent by one proceeding shallllOl be considered as a waiver of the right 10 collect the same by any other proceeding. bul all of the rights of the pany of the rrrst part. and all forfeiuues. penalties and conditions may be enforced together or successively at the lion the first pan, . PLAr '$ . EXHIBIT ! ---L- I , :;J~P!'L-_ 0, "< ,'" "v:Y"W~'~l~,'f"'--"_,~' -'r-"'''~_"''-"''-''''''''''"~-_''^,,_<_I'''' _.,.._., ,. _=,~ =,.~~~ ~ ~~, ~_" ir . 'It is futher agreed thai if !be party of the second pan shall bel:ome insolvent. make III assignmenl for die -It;;/ benefll of creditors. commil lilY ~ of ~1' f~e a voIunlal'y petition .in bantrIJP.lcy. or if any judgment shaD be entmd or and IOvolun\aly pel1t1Oll !II b8nbuplcy flied against die said party c:i die second pan. all the rent reserved for the full tenn of Ibis lease shall become due and collectable immediately by distress or otherwise. The prolhonOlal)' or any anouney of any Court of Record of Pennsylvania is hereby authorized 10 appear for and \0 confess a judgment againsldle said pany of the second pan and in favor oldie said party of the flnl pan for the whole amounl of said renl as hereinbefore set fMII, And the said party of 1be serond part hereby waives the usual notice 10 quit. and agrees to surrender said premises at the expirati(lll of said tenn. or the lemIination of lhis lease. without any IlOIice wbaIsoever. And upon any proceeding instiluled for the recovery ol said rent. either by distress or otherwise. the said pany of the second pany waives the benefil of all appraisement, stay and exemption laws. the right c:i inquisition on real estate, and all OOnkruplCy or insolvency laws now in fom: or hereafter passed. Upon the breach of any of !he covenants or agreements of this lease or upon its tennination by foneiture. default or expiration, 1be ProIhonotary or any atlOllneyas aforesaid is hereby authorized to appear fOl and 10 confess judgment in an amicable action of ejecunent againsl!be said party of the second pan and in favor of the said pany of the ftnl pan fOI thepremises berin descnDed and 10 clirect the immediate issuing of a wreit of habere facias possessionem with clause of fieri facias (or costs. waiving aD irregularities. withoul asking leave of court. 1\ is futher agreed thal1be terms and condtions ol this agreement and lease shall in 110 w'6'f be changed or altered except by a writing signed by aD of !he panies hereto; and if the said pany of the second pan shaD continue in possession ci the said premises after the expiration of said term, at the option c:i the said party of the fIrSt pan. such holding over may be beld and deemed a renewal of this agreement for another like term. the same as though a new agreement of leasing, identical with lhis, had been executed and delivered by the said parties hereto for succeeding tenn. i .. ... - . i L~"-,\,, ~.;>~\.)~ .~C:::O''is,,\Q-.9.~Q,'8 r;::<c...'o.\ ~<:::,~\ ~"'-- The conditions of this agreement shall extend 10 the administrators and executors ol all the parties hereto, IN WITNESS WHEREOF, The parties aforesaid have hereunlo seI!heir hands and seals the day and year fust above written. in the presence of (SEAL) (SEAL) (SEAL) ~ C'..l ~ ~ ~ ) ~~~I ~I~I ~ ~ ~ 09- il ~ " ",- 'is' ~ "t " -g~ ~ 1 ~ ..~ ~ <l ~ ~ ~''b:~ "" ."" 1; VJ " ... ~ e 1 t ~ ~ ~ 8! ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ]. >. < i! .. .8 .. ~ ~ .8 g>.ooc.S .:::!<~8 ! .. ~~if~ ~ ~ ~ ~ ~ rr,;J <-,,"' '-'''"', -'7'~"='~;;c,_'_' "'0-- ",," .__ ,> 0 o' "' "',-_'(' 7T"""'I"~I','-""'P\, "'c'1l",~~= _~ " -, "'-?"''' _~_~ _I c"', - _.~ ---- ~< . ,. ='~': ";':~"', 'm:: ~~ ' I; ~;~ ~i!" ,n_i!~ ll3 'Iii" ~![ ~i:, ,,1'- ,'i;;, '-~~""'.~-"'.' 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I-ZI- ....:1.... . ~ ,~~ June 15, 2000 ~i Dear Amy and Will: I know you realize that I would never have bought the condo at Sunguild except for the fact that you agreed l)to keep it in good condition and 2) to buy it from me. I don't know that you realize that, depending on when the condo sells and what it finally sells for, I will have paid out approximately $27,108.00 in expenses...maybe more. The breakdown on that, so far is Cash down payment Closing fees at time of purchase Estimated Closing fees at time of sale Approximate Loss of monthly rent @ $500 per month Replacement of carpet & vinyl Special insurance for vacant unit Approximate Condo fees 13,000.00 4,108.00 5,000.00 1,000.00 3,100.00 600.00 300.00 $27,108.00 I paid $72,108 for the condo ($55,100 of this amount came from the bank in the form of the mortgage and I paid a $13,000 down payment and $4,108 closing fees in cash. The payoff figure now on the mortgage is about $53,000 and the projected closing fees are about $5,000. Because of the condition of the condo (especially the odor from the pet stains in the carpet), some realtors have refused to show it. Consequently, I have to replace the carpet - and the vinyl that you removed - for a cost of $3,100. Plus, I am stuck with the rent and condo fees and a special insurance fee for a vacant condo. :ts",. "-~.,,'~ - '""" -,,-"~.~- _~I"',~. ... .. 1 To recover the $53,000 mortgage payoff and the $27,000 I've paid out, the condo would need to sell for $80,000 which, of course, it won't. If it sells for $71,900 (which is the current asking price), I will recover $18,900. That figure subtracted from the total of $27,108 above leaves a deficit of around $8,000.00. Except for a very minor tax benefit, I have few financial benefits from the condo and those benefits have been offset by worry and uncertainty of dealing with you both before and after the divorce. The fact is, I am not legally responsible or liable for these expenses and I'm not willing to absorb the expenses myself. You did sign a lease and it was not negated by your divorce. And, despite the fact that you may not be directly responsible for the animal damage, Amy, unfortunately you are indirectly responsible. If my figures here aren't clear, I can substantiate all these figures with Settlement Statements, bank records, etc. My request is that you continue to pay the rent (of $250 each) until the condo sells so that I can pay the mortgage. I will be in touch with you both about the amounts due for the floor and the condo fees when I receive those bills. Late, when the condo finally sells, we can settle up the remaining expenses. I'm sorry to have to ask this of you, however, my buying the condo for you, was, as Amy says extremely generous and I have tried to be patient and understanding since the divorce. However, absorbing these expenses, since I would never have incurred them except for you, is just not acceptable to me. Best to you both, Let me know what you plan to handle this. ~""~-~": -r;~~'- _"c="'_,_"I"'"",~~~_._"",~,o~.,,,,,.~~._,,,"_,,..,I'!!l1""""'"___n. .._~_~., ";"~~~___,'_',,_ <,_'Y._'_",'_I"", _, ", .__ / / ~/7 ~ -;:5 /- c.:' 7 ::J-.(j tv/' V~ /ju/oo Or1's Carpet Town 1920 Paxton Street Harrisburg~ PA 17104 (717) 233-3038 Invoice # 23169 Date: 06/15/00 Comp' 06/22/00 _________________ ______________,_______,___________._______________________....c::_____, Sold To: ! Grace $a.ge !252 E. Highland Ave.. IAtlantic Highlands :NJ 07716. !Phone (H)~ (732) -872-6630 (W) l: Ship To: 107'1.-6 Lanc2I:s:.ter Bl vd a MechB_n i CSbLlf'g Pf':j 17055 (Jab #: ! Salesperson(s) : Dennis Denninger Terms, p" 0.. Number: DOLl'llas. Ha,l.l ----------------------------------------------~-------------------------~------, QUAi'; . ROO!"! DESCRIPTION PER. TOTAL 1~~ ,.,. .. ,.::,....1....,)...:: 1..00 1..00 1..00 Cobra. Innocent National Bonded Carpet Installation Carpet (Tear Up) Vega 3437 Sun berry Vinyl Installation Tea.f' Out v"e.. T.. Move Fri,dg, Stove, Toilet i5.50 1942.62 :!.25~33 22..67 3.00 11.29 250..00 200.00. 150.00 .00 ..00 375~99. 255.96 250..00 200..00 150..00 12~=i..33 125 ~ ::;:::; ------------------------------------------------------------------------------- 1 SubTota 1 , 3174..57 j-----------------------------[ :: PLAIN'll: $ I ~lT ! Tax~ .00 1'-----------------------------1 ! Total: 3174..57 1 !-----------------------------j ! Amount Paid: ! .00 1-----------------------------1 I Amount Due, S 3174.57 -~----------------------------- Than'k YOl,..l...... We Appreciate Your Business.... c~ffJ'F' ,~. , .' -,3 ,.. I""" ~~,. ,-.., Bill to: CPPMC, POB 6143 Harrisburg PA 7112 RELIABLE CONTRACTING PO Box 6188 Harrisburg PA 17712 (717) 233.3788 e.mail relmain@yahoo.co~ ,"!;!',"!,',,",:':-j'T-~,_,r ,~,-' 11/22/2000 Invoice # Owner # Property # 357-001a (~ -, ", ~- 'v ,-, /J/~J Property Location Cost 1071 - 6 Lancasrer Blvd Worked Performed/Materials Purchased $1,150.00 painted entire house & tile closet fir, minor repairs to walls & bannister, & skylight area TOTAL $1,150.00 ~VU/ I/O' I) .2 . 1" ,'. ~I~I " - ~ ,-- - ,., I '~I--," .. of PiAr.,PS ~BJ1 J 11_00_exp -"",.- ",.~IS . Insurance is affectivs wHh carlain 4F% S.?2905:: ..-. UNDERWRITERS AT LLOYD'S, LONDON This Declaration Page is attached to and forms part of Cover NotelGertificate provisions, COMMON POLICY DECLARATIONS Cover Note/CertifICate No, a a S P2 a a 916 Renewal/Rewrite of: NEW Named Insured and Maiing Address (No.. Street, Town or City, County, State, Zip Code) GRACE J. SAGE 252 E. HIGHLAND AVE ATLANTIC HIGHLANDS NJ a77l6 Contract No, STaO /7l48 Policy Period: From 07/l4/2000to 07/l4/200l address shown above, at 12:01 A.M, Standard Time at your mailing Business Description: VACANT CONDO IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE 11TH YOU 'CO PROVIDE THE INSURANCE AS STATED IN THIS POLICY THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM Is INDICATED, THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT, PREMIUM Commercial Properly Coverage Part $ 300,00 Commercial General Uab~ity Coverage Part $ 200.00 The i.nsu.re:r which has i.ssued this insurance j." not licensed by the Pennsy1vani.a Insurance De!pt. and is subject to li~ted regu~ation. Thi.:s .in$uran.ce i.. S.L.TAX: $ l5.00 NOT covered by the Pennsylvania Property and Casualty Insurance Guaranty Association. Placed STAMP FEE: $ 2.50 by: W_N.Tuscano A.gency. Inc. , 950 Highla.nd AVe. ~ Greensburg, PLC. FEE: $ PA 15601. 75.00 TOTAL $ 592,50 Minimum Retained Premium: 25.00% Premium shown is payable: QUARTERLY * *SEE THE INSTALLMENT SCHEDULE ATTACHED, Service of Suit may be made upon: Mendes & Mount,750 7th Ave., NY,NY lOOl9 Form(s) and Endorsement(s) made a partoflhis policy at time of issue": **SEE IL1201 ENDORSMENT A "Omits applicable Forms and Endorsements ~ shown in specific Coverage Part/Coverage Form Declarations, Countersigned: 07/24/2000 W.N. TUSCANO AGENCY, INC. GREENSBURG, PA By ~/ /~<d~~' l? Authorized Representative LU-15x (7195) THESE DEClAAATlONS TOGETHER WITH THE COMMOII POLICY CONDITIONS, COVERAGE PART DECLARATIONS, COVERAGE PART COVERAG FORM(S) AND FORMS AND ENDORSEMENTS, If ANY. ISSUED TO FORM A PART THEREOf. COMPLETE THE ABOVE NUMBER S ~IBlT INSURED .. ;. 1 J T#:00-l490'4492'29052 jJ,'-"" -,-",.O","-,_"",,__,.IV'k._ - ~.,," ~ ~.=~",,",,~ . .,. _'.1"'"<< _"u _ ~. ~, _' " . ./ Tt1-'i*",., , - ~-, IF I' ~ . - --': ','''' ,- , -. ,- ,,,- _" _ __. _ _'w \.j~.l.i~~,i'. I Ill;f;' " For:..,. .,. GRA~)j!>;\~ lQ71:~CAS'Ii{lRIl:Jo;VllliNl'r'6 MECIlAN1CSBGPA17055 . Questions about this bill? Please cOntact usby Aug 21 at 1-800-342-5775 or write to: Customer Serviee 827 Hausman Rd. Allentown, PA 18104-9392 www.pplweb.com -::11=6 . . .. , ~ I ~ ' '...,.\:.::./,,/ ~ ppl :~~~: '. ill Page 1 ..::.:.....::..:;::::..::':i:''"''.ll:m.A_l\!umo<f:::::.::;....,''. 46401-29017 :,:-::'::.':i::':/::~ , Siii:Wbeii::re ._'-':o(Wfitli:f'... Summary Page Balance as of J u131, 2000 Char~s: TotafPPL UTILITIES Charges $ 37.83 Total Charges $ 37.83 ~_~1\.1t:i_0i:f:!!~~1m~~~~1WIi"'fi:~~.. Accounl Balance $ 37,83 $0.00 , Electric Use 111is part of your bill belps you understand your electric use. Types of Meter Readings: Actual - - D Estimated Customer 12 KWH - Average Per Day 10 8 6 4 2 0 I I I I I I I I I I I Mete.' Reading Information e er Jul31 Jun 29 32 Da s Actual Actual KWH Btlled 40316 39940 --cl7O The graph shows the average number of KWH you used each day, You used 376 KWH 10 32 days, or an average of 11 KWH a day. The average daily temperature for your area last montb was 72F. 1999 JA 2000 .. . o! PLAINTIFF'S I~ if Months n back .. -----------------------~-----------------------------------------------------------------------------------------------~---------------------:-- ,> '"I~ -. J ;;,~ *, ,~, . -', For:." (lJ1Ac;Es.(\ClE ..' ... '.. .,.... ...... 107V~"'~E1\BiRO.lJNlT6 MEQliANJCSBClPA17055 PPL Utilities Customer SJ'rvice 827 HaUSl113n Rd. Allentown, PA 181lW9392 1-800-342.5775 www.pplweb.com , ., '\ II' '" \"I'/~' ppfl~~ " m Page 3 ",'.....'.... """"""'i>\m'UmA"",lUi"'Num1;i;i.' '....... ...... 46401-29017 ;'o.:i':':"':'"':':i:-, - seiwheit'ctt," '-"':or.;WmDl' "."",'" Tola/frolllLastBill PaVlllenlReceivedJI//17 - Thallk YOI/! $ 28.11 $ 28Jl Billing Details Balanc~ as of J u131, 2000 $ 0.00 Current Charges ChaI:ges for - PPL UTILITIES Residential Rate: RS for Jun 29 - Jul 31 Distribution Charge: Customer Charge 200 KWH at 1.79600000" per KWH 176 KWH at 1.59400000" per KWH Transmission Char.ze: 376 KWH at 0.37700000" per KWH Transition Charge: 200 KWH at'l.79800000" per KWH 176 KWH at 1.59400000" per KWH Generation Charge: Capacity and Energy 200 KWH at 4.82600000" per KWH 176 KWH at 4.23800000" per KWH PA Tax Adjustment Surcharge at 0.05000000% Total PPL UTILITIES Charges 6.47 3.59 2,81 1.42 3.60 2.81 9,65 7.46 0.02 $ 37.83 Account Balance $37.83 General Information Next meter reading 011 or about Aug31 I,>f-, Generalion prices and charges are set by lheelectric generation supplier you have chosen. The Pubfic Utility Commission regulates distrioution prices ~q servi.ces. The Feqeral Energy Regulatory'Commission regulates transmISSIon pnces and selVlces. , The Transition Charge includes an Intangible Transition Charge (ITC) and the applicable gross receipts tax which together amount to $5:50, The ITC is a per usage Charge approved by the Pu6lic Utility CommIssion which PPL collects as agent for PPL Transition Bond Company LLC and which that company uses to service debt incurred to recover a p'ortion of PPL's stranded costs. The gross receipts tax, which is collecteil for the Commonwealth of Pennsylvama, is equal to 4.4% of the ITC. . . J "-~ . r- 1-' I: '~.~;:,.:.IjI~~!{~t;'<s.. -~ "., ,-?Iii,' '.'\'1IJ-.J,L'I-CO' _ . I .11.':....'.I':.."."...'....~.....Ij......G.[.'. '..... ...'C.... '... . ?,...'" ,",.. .. i. ':_,' ;~~!"_:~~/." " ;,: $'" :""Y<:cb,.~,_-::, ~...m\I".,.. C'!e " -,>-, - ^' 'n''. _', ,,/ - For:,>>__ ,,<-:'''- 0 'GRA~~'GE: ,.. .., '.101[l;'~~~BtvnuNrr:6 MECHANICsllG PA 17055 \ etie~tiol1sabout ' ' this bill? Please contacIus by Jul.20 at 1-800-342-5775 or write to: Customer Service 827 Hausman Rd, Allentown, PA 18104-9392 www.ppl-inc.com , t i; I '....\.~::,/+/ , ppl J~:- , m Page 1 _m.... ,.,','..:'\f"";-(lmA~~J',~,:.".[[,.,., 46401,29017 '-"';"';;:,:::;::::: : Sftwhen:iea fit" ;oc:wnmi"" ::,,:':",. ... Summary Pag~ Balance as of Jun 29, 2000 $ 0.00 Char~s: TotafPPL UTILITIES Charges $ 28.11 Total Charges $ 28.11 l'i!ii'. ..i'lmIm ...W '~.,~ "'''tt~,[,lt''s:;;'Jj,~'iK"i''.1i'Il'i(iilll!'n..nl\,,1\ii~iI~''mtil _.~- Account Balance $ 28.11 EI~ctric US~ This part of your bill helps you understand your electric use. Types of Meter Readings: Actual _ Estimated _ Customer D 12 10 KWH - Average Per Day Meter Reading Information ,,~e.er Jun 29 JUIl 2 27 Davs Actual A~usted K HJ:lilled 39940 39689 -m 8 6 4 2 o The graph shows the average number of KWH YOIl used each day. You used 251 KWH In 27 days, or an average of 9 KWH a day. 1999 J 2000 Months ------------------------------------------------------------------------------------------------------------------------------------------------ Other important information on back -+ r-'-'-- 1'1 - . ~"4".,.."" ".~ . ''!'. _~"_ ',.,',u',' '_ , ~~J.iS.b!l;t tliiSbill.'/PlejjS~ conta... .~.tus.by..S,~p .20 at 1-800.:t42-5775 Qrwrite 1m C1\sti!mer Service 827 Hausman Rd, Al.1~ntOwn.pA 18104~9392 www.pplw~b.com ., , ',I, , ""l.,I' f pprt.~~~ " m Page 1 m. .. . ".,"itl'. " .,,; " ';. iliilm, .. 46401-29017 ........m;:wmm Summary Page Balance as of Aug 30, 2000 $ 0.00 Char~s: TotafPPL UTILITIES Charges $ 27.35 Total Charges $ 27.35 - Account Balance $ 27.35 Electric Use' This part of your bill helps you understand your electric use. Types Qf M~ter Readings: Actual Estimated - - D Customer -~ I , 12 10 KWH - Average Per Day Meter Reading InformatlQD e er Aug 30 Jul31 30Da s Actual Actual KWHl:lllled 40558 40316 ~ 8 6 4 2 The .zraph shows the average number of KWH you used each day. You used 242 KWH 1D 30 days, or an averag~ of 8 KWH a day. The average daily temperature for your area last montb was nF, o I I I I I I I I I I 1999 Months JAS 2000 Other important information on back -+ ImageDl. jpg 1 ~ !. :: PLAINTlFF'S EXHIBJr 'R Image05. jpg Image16.jpg Image13. jpg Image06.jpg. Image12. jpg Image15. jpg ImagelO. jpg iF; showing's at... 1071-6 Lancaster Blvd. Expires 08/31/2000 JACKGAUGHEN (CAMP HILL) Left msg.for feedback 7-17-00 RICH MUSSELMAN 761-4800 Fri, Ju1 07 04:00pm Hoyden Kmg 07/0712000 Confirmed: 4 JACK GAUGHEN (CAMP HILL) ..JILL MONROE 761-4800 Wed, Ju1 05 6pm House showed nice better than others in Sungu,ld - buyer have not made a decision - still/ooking - single woman - looked at 3 in Sunguild. Ren.. eon.. 07/0.5!2000 Confinned: 4 JACK GAUGHEN (CAMP HILL) Buyers were not interested. BA BOB PRIAR 761-4800 Moo, Jun 26 06:30pm Soup Campbell 0612612000 Confinned: 4 HOMESTEAD Buyers did not show up for oppl. TOM KNOSKY Moo, JIDl 26 ll:OOam TomKnosky 06!ljl2OOO Confirmed: 4 REMAXREALTY ASSO (CAMP HILL) STEVE HA WBECKER 761-6300 Fri, JIDl 23 1:30 Buyers have not decided - looked at 4 condos. Leaning towards South point. ~D8WSOtt 06f22l2000 Confirmed: 4 HOWARD HANNA DETWEILER IDA MAY Thu, Jun 15 noon ~Home smelled so had that buyer's wont even consider it. Liz KlItz 06/1412000 Confirmed: 4 ~ PLAiilttlJlrs I ~Ir - ? - lliting Agent: Jennifer Hollister. ABR Wednesday, Jul19 12:36 pm Page 1 ~ilf!;,ii'f1m:~Xt'/if,-tf)je01,~<ihCi{j;'i-ltyl;:Hf,~tf1.-&'J~;X2-t.f)ltr~::.~,i[,,!s't;~~'-2\"'W'" ",',~,. "'; ~'l 1'Jl1, ~ ~ ~) "-.- ~ ~ ~ 'I lJ' " Co:) >. a (f') Z 1:;::1 ~ o ~ g ~~ ...lSu1;l- .; 0"" :l .,,: jooIiIi = !:: 0 ~ ~.E~~ J ..... 0 \1) ';3 '";.i E-i ~ .0 0 ._ ~ s u ~ ;:l :l" U u u8 ~ !,,~. I.. ~,. .J.. o ffi '" '" ~ cnzE~ ;:c~ U/ cn3:i=C~ U/ LLlOfDcnC O a:::z_c~ C:::,,:CCW;;OO a r--- c....w....cc M CCa:aClCllO I ....z2::u.. I ~ ~ ~ffi~~e ~ ~I-:c:::i~ J:-:l ..u..a..Uwm 6 ~ u..:i::)C1CC ::)wcn....:z ~ III ~s~~=;' ~ ~ ~ DD~ ~~~~O'-'cn ~~~ ,--, 1IJb!i~~/~-d:~:",,:!;:; :_~}N:~~'01~t;' ~tZ.~!K'-,;:I.i;2i;Yik".~fi[L~?;-&~ . - i - ~ ,.:; ~ ~ :: .... . - "':: - - "':: - "':: :: : . - 1') N il) ii' ~ ((i .,.., (ill I" ... <1 ... ., 'II o l'" <' G~~ \..4G:,G --:;:; In The Court of Common pleas of (J.J /A..AiA-r"'- \), Me. ~~,eT14"1 Cumbe,rland County,Pennsylvania ~ ~f tf;vrJ-I€(I1.1ttV "'/ kl@ /!/Ie Ct1fA ~' I No: (") /', ,AQ 'r'3 20 '(J/I/I/ *J'fdYl 1 ~tAJ OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution this Commonwealth and that we will discharge the duties of our office~~f' e ty. ~. " / / Chairman AWARD ~i!.J;;..r . ~ (J ,'?\(S We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) "v h11JnJe- 0 ~ ~ .,oLJ4-,. Nf7 ~ A-,.vh A-r-.f-1 N1i.'I ~.M'"" T VV f ( ( f ri-,.,~ ) ('Hi:::: $. 4000 , D." / N /fAt'. ~.ktO-nft..-J FAVor?- 0-1- IN ) 7JriE- 7'1;f'5 /!trYun?#'r ':ci=7c L.."W b l'I-YVi , / 4MH t;.().J.J t2M.Avl.J AIk:lA , I Ll /11'1 t4vv 'b A 0f'r11J's T ,pLPrt ~ " pV;'" dissents~~f applicable) Chairman s. 4... ~ ' J. ~ 1(.J...u..t. ~e(~ /1<1:' ('JU>_'7'I-f~ / Arbitrator, Date of Hearing: 8/~~,/o 7 Date of Award: NOTICE OF ENTRY OF AWARD NoW, the ~ay of ~U2i-- ,20~, at .2::<~, ~.M" the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. \ ;) Arbitrator's compensation to be GJ7/)~'!:2. ~...... paid upon appeal: ~ot onotary $ ~().OO ~ L2t'YJ...f} p, ~~ r-- D puty ,- ,~,,,,~!,,,,,,,,,,,,.~,,,,,,, ~ . -~ r- ~-,~ "f""I,l- ~ r '"' - ~~ ~.- ~ , ". ~, "-. '--~'--'~- ""',,"-,,, -..,-" <~'" ',~<i"i;";.:.;,, """"",,,.. '-""__~d''''',' ""'d'"'''_-''~''''.I]''' u""''f]i rr'lifr(lf'j'r('tr-~. Go IJ'1 ---+0 (2, C , Copy YY\.";lLG.c( '--Ie::, ~U. f/l;;;01I;...J,~~ f4-'-I-y, I). ~,C(.) LUtCl(~f?'\ fYl.c.CadLy y&C?!4e ___fa e-.fu<..k -fD .sA<- ~ ~.s ihJ f."l/- /-'l.-cruJC: R. ~ f L iN b--\Y1---J ACL o \L+C >'2-5. "\t..> _2:I\)~'V' ~"<fl-) ~!c. ~Lk+ ~cJ,rL.ufy ~ (l.1L ~ 9/i~.L ~ -00:) rnrn :z. ::c Z'-" (fJ ';s %..::.~ ';;:;0 i>c: be) 'J>'c: z --< -< >'. . c:> N -g: G'> N _I """l:' -:;>" ~ ~ -.... ::1:....,.-:. in= -Or-n C;JY 29 .__ It ~~5-.:n _~,,..o ~rn '-\ 35 '< ~:.? 1'0 (}1 ;"<~f~, ., -~.=~"" "-. - ". ~-, - "",("",,"_",~~., ",_"!\\lIrn_\!;J}tI;!RjI-lmH""'-'W,c-"""''''_].''''''_~'\)$--;c:r,,,C'[WHPfj',,,.:r:,!"iMel:~~'f$~ii'f'if,[iWWi~l'1i~tl~~~"",,ft\',~,~~~ Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GRACE SAGE, v, NO. 01-2943 WILLIAM MCCARTHY and AMY BUHRMAN a/k!a AMY MCCARTHY Defendants CNIL ACTION - LAW PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY OF SAID COURT: Please enter judgment in favor of the Plaintiff and against Defendant William McCarthy in the amount of $4,000.00 pursuant to the Notice of Entry of Arbitration Award dated August 27,2002, Respectfully submitted, CALDWELL & KEARNS , Marsico, Esquire At ey ID# 69804 3631 North Front Street Harrisburg, P A 17110-1533 (717) 232-7661 Attorney for Plaintiff, Grace Sage Dated: JOI//D~ ~\1;"Jl__ ~ ,'_ _' - ~~~. ~-, - ~ - .=,-- >. _?,., ,. CERTIFICATE OF SERVICE ANDNOW,this~,daYOf OQ~b~jr , 2002, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: F, Stephenson Matthes, Esquire 111 North Front Street Harrisburg, P A 17101 David Martineau, Esquire 3211 North Front Street Harrisburg, PA 17110 CALDWELL & KEARNS By ~efJ~ 00-416/46495 )\,.:':-., "~' .,,~"~, "',".-",- - .1_,,,,,"""_I""~o,,, c. "_,,"'o_,,'7""'''~, _'->0- " - --- ~. ."..1_" '" ~ ~~ t., ~ -~~,"' ~~, ."; " 7::J ~ ~ .t:. II " " r~ -r,.:. ~ tv ,) tr, ,&i C/ ..tel ...0 o o <~ ~ .~ ~~ ~-~-" "'-"-~~"',,,--""j~' '"~. ,",,,.,,~ ><<<" .~,.,-- '~'J" o c:. 7 -~ 1::JC[l rr\rn z:r; ~~; ~{~ ~ -< CJ f'0 o (') --, I -.I " ~i, :_-:1 ~'" " :;,~ ;3'9 """:"~C) _-,.O'(l '~2~S ::srn --j ~> :0 -< ~ J -Q .,.;.;-. Y? ::::> - _ _ ,~~, ".JI!!~___ _ ,,,~_~~~~,1'f'(jikl~!W!~ij'_T!jlIm!]',"--,_~~.fl!1 _,,_ "l'!'ln -~ . Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GRACE SAGE, v. NO. 01-2943 WILLIAM MCCARTHY and AMY BUHRMAN aIkIa AMY MCCARTHY Defendants CIVIL ACTION - LAW PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: Please mark the above-referenced judgment entered in favor of the Plaintiff and against Defendant, William McCarthy, satisfied and paid in full, Respectfully submitted, CALDWELL & KEARNS ~ arsico, Esquire e # 69804 3 orth Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, Grace Sage Dated: II If /'0;)- :t", ~ --~" ",.0":'''''',..''',....,,_, .__: ,. _ " -",-~~I-.I-,-,~' - ," .<" .<-- -~""-' ._ri~+ ' ~ -~ ,~---~,~ ,~, - ,. CERTIFICATE OF SERVICE AND NOW, this 5'-h day of IV O\JeV\\. be. '( , 2002, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: F. Stephenson Matthes, Esquire 111 North Front Street Harrisburg, PA 17101 David Martineau, Esquire 3211 North Front Street Harrisburg, P A 1711 0 CALDWELL & KEARNS , By ~ c--f~ 00-416/48020 ~ '- ~-"-~)). {:',>nce,,_ , C'" ~:' ',.-I!I'i'',r..,_..., -~''''''~''','~' ,~,,_,_'_' ,__"",~",_"I____'" ,,_ _'< .~ or ", _, , . . "' , B RJI/ ~., 0 '"~ ' . -" " . , '" ,-", c"'~, --"'-'""P'tlNf[:Jfl1rHriiiil1!f(u"'~-"h'- t~t(J' "'i':~t:i'il~{i-;;::'If-" (") ~ i."]": n"if'; Z:"'~_: ~':~ . F:c, ,::; (_0 ~~:=: '--- ~~ ~~ ,'-.---, ~ 1'0 -<~ i;:J C) --ri z (~'j - -;=:12 , r-- -,U} --';'....' cr- ~; ;-o-~) -r' C; [T; '.J . ,,- ~ < '" ._< ,"'.._~,'" ._". '0.,"__0",", ;"_"'" _,_~, _,=.JIII!~I;!;,~j,:;'q!l!,~,.,.n """""-~~~f,l>",1- 1""l~_~_mJJ~~,.c_"", ,,_:_IiI~,t:1~~