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HomeMy WebLinkAbout99-04732 Z J I 1i BRIAN K. FISH VALERIE FISH, Plaintiffs v. LESLIE CORRIGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4732 CIVIL CIVIL ACTION - LAW NOTICE OF HEARING BY BOARD OF ARBITRATORS You are hereby notified that the undersigned Board of Arbitrators, appointed by the Court in the above-captioned case, will sit for the purpose of their appointment in Cumberland County in the Law Offices of Marlin R. McCaleb, at 219 East Main Street, Mechanicsburg, Pennsylvania, on Wednesday, January 5, 2000, at 9:30 o'clock A.M., at which time and place you may appear with your respective clients and your witnesses to present such evidence and testimony as you may have in the case. Andrew Sheely, Esquire Ralph Wright, Jr., Esquire By: t Marlin R. McCaleb, Chairman Board of Arbitrators November 24, 1999 TO: Larry Neary, Esquire 108-112 Walnut Street Harrisburg, PA 17101 Philip Briganti, Esquire ° OFFICES , Legal Services, Inc. MARLIN R R.. McCALER 8 Irvine Row Carlisle, PA 17013 I.? III 1 .11 II,1I I Iill .111/11.1 BRIAN K. FISH VALERIE FISH, Plaintiff(s) V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4732 CIVIL 1999 CIVIL ACTION - LAW LESLIE CORRIGAN, Defendant RULE 1312.1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FORAPPOINTMENT OFARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: I1J/ Il UZ Darrin C. Dinello counsel for th plaintiff efendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 3,000 . (approximately) The counterclaim of the defendant in the action is $12.000 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Darrin C. Dinello: Philip grigantj WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT AND NOW, 41,2Z1i1 e 6 .1922 foregoing petition, 4I?IAY Esq.. and . Esq., arc appoint actions) as prayed for. Y PJ. Respectfull ubmitted, ell c ?- Darrin C. Dine o, Esquire 2405 Linglestown Rd., Hbg., PA 17110 Attorney I.D. #78157 (717)909-6730 in consideration of the _ Esq., ed arbitrators in the above captioned act) n (or c-° C.1 V V 4 `=-' c ".iy C cr% CJ 1- Wp C 7 Q 0 z 7 U O S d: ?c cr% L _:z wC_ Jn: Ll! ? 1 F.- U Mo- ?d ; U O ° V T Os V COMM 14WRALTH OF PENNSYLVANIA JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT 4Cl_ CIE. zc-fry/ COMMON PLEAS N. 9V_ y?r3'f ,?l1 NOTICE OF APPEAL ?C Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment Ternkred by the District Justice an the dale and in the case mentioned below Leslie Corrigan " J Charles A Clement, Jr. ADDUM OF I>,TAW 'C 412 North Third St New Cumberland SPA 17070 DAM OF ADGWN r+rle raaaa,n) rosraxwa) 8-4-99 Brian K. Fish K Leslie Corrigan rurus[ ?uHr Ar!+EY AGENT 7A,-/-,;. G. /,9o nft Cv 19 or iJ /q r. LT 1999 0000302-99 8 /rb/rle CJo y 17 .24/3? r? t ? v/3 This block will be signed ONLY when this notation is required under Pa.C.RP. No If appellant was CLAIMANT (See Pa. R.C.P.JP. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to thhr.judgment for possession in !Us case FILE A COMPLAINT within twenty (20) days after I12 c f ?)r-? filing his NOTICE of APPEAL. Signature o Proth otary or Deputy I- PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Rri g„ IC Fi gh , appellee(s), to file a complaint in this appeal Nero of agoe/ke(s) (Common Pleas No. 999tH (2&A I within twenty (20) days after s? 'we of rule m suf entry of judgment of ran pros. "10 I arat" of a pensm a he aaonrey or agent RULES To Brian K. Fish oppellee(s). Na of ajpeaeas) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service a by certified or registered nail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: .19 ?? !.Y//f7?at n a?/J S f sprarue d "OPCS'a'et COURT FILE TO BE FILED WITH PROTHONOTARY r r- i-:" L.- -1 LJ D ??j J CJ wewu jo ejnleu6/g - b! Ib 601611a ilOl%Iw WOJ Aw IWUy/U /o B/yj 0()f?i(/ ACM /ir1N?i/JI/ ?I/OiIM Q!013(J Iel'JII10 /O 111/1111116!3' -6l ' - d0 AVO '- SIHl 3W 3HOd3o maiaoS9n5 (INV (O3VVHIddV) NFJOMS olaiaq Pagoelle ldioaw s,jaPllas •pew (pajalsl6aj) (polpwao) Aq ? aOIA/as leuosjad Aq ? -6l ' - uo passajppe sem.. aInH oql wogxl of (s)aalladdeagl uodn leaddV loeogoN anoge agl6wAuedwoooe lululdwoO a alld of olnH aql PaAJaS l lagl jagljn) pue olajaq pagoelle ldla0aj s,japuas •6ew (paalsl6aj) (Palllwao) Aq I] aomias leuosjad Aq C] -6l - uo' Iameu) 'aalladde aql uodn pue olajaq pagoelle Idiaaej siapuas 'pew (pajalsl6aj) (paglwao) Aq p 031MCIs leuosjad Aq (antAjas to olep) uo ulajagl peleu61sap aogsnf loplsiO aql uodn ON seald uowwoO 'leaddV to eopoN alp lo Adoo e E] paAjas I le4l Willie jo naMS Aqajaq I :11AVOIddV 86 --d0 Amn0o VINVAIASNN3d JO HIIV3MN0WW00 (sexoq algeogdde googo leadde to epgou ogl 601111 &3.L3V SA VO (01) N31 NLH11M (73113 39 1SnW a01AJOS 1o Load s)ql) 1NIVIMOO Slid 01 31na ONV IV3ddV d0 30110N 30 301Ad3S d0 d00Md COMMONWEALTH OF PENNSYLVANIA %ourwiskELAI VU 09-1-01 DJ N r Han. CHARLES A. CLEMENT, JR. "°01" 1106 CARLISLE ROAD CAMP HILL, PA TtNpnoAr (717) 761-4940 17011 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE rFIBH, BRIAN R NAME &W ADDRESS 426 MUMPER LANE DILLSBDRG, PA 17019 L J VS. DEFENDANT: NAME,nJ ADDRESS rCORRIGAN, LESLIE 1 412 NORTH THIRD ST NEW CUMBERLAND, PA 17070 CHARLES A. CLEMENT, JR. L J 1106 CARLISLE ROAD Docke(No.: LT-0000302-99 CAMP HILL, PA 17011 Date Filed: 7/23/99 THIS IS T% NOTIFY YOU THAT: Judgment: 80R ATNTT ® Judgment was entered for: (Name) FISH. BRIAN R Judgment was entered against CORRIGAN LESLIE in a ® Landlord/Tenant action in the amount of $ - 79.50 on 8/04/99 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 650.00, The total amount of the Security Deposit is $ .00. Total Amount Established by DJ Less Security Deposit Applied Adjudicated Amount Rent In Arrears $ .00-$ .00 = $ 00 Physical Damages Leasehold Property $ .00 -$ .00 = $ 00 Damages/Unjust Detention $ .00-$ _00 = $ n0 Less Amt Due Defendant from Cross Complaint - $ -00 El Attachment Prohibited/ Victim of Abuse (Act 5, 1996) Interest (if provided by lease) $ -nn VT Judgment Amount $ -nn This case dismissed without prejudice. Judgment Costs $ 70.5n Attorney Fees $ _1111101 ® Possession granted. Total Judgment $ 79.50 Possession granted if money judgment is not satisfied by time of eviction. U Possessiun not glinted. LJ LJelandenls ale juhdly HI id Hevmally liable, Levy is stayed for days or ? generally stayed. Objection to Levy has been filed and hearing will be held: OF REAL PROPERTTWITHIN 10 DAYS PROTHONOTARY/CLERK OF. COURT$ MUST DEPOSIT WITH THE PROTIiO 6 APPEAL IS FILED. ' IF YOU WISH TO APPEALTHE MONEY AFTER THE DATE OF ENTRY OF JUDO THE COURT OKOOMMON PLE CIV YOU MUST INCLObE A COPY F HI 8/4/99 DatR Date ,,.... AL A JUDGMENT INVOLVING A RESIDENTIAL LEASE AND AFFECTING THE DELIVERY OF POSSESSION. AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. IN ORDER TO OBTAIN A SUPERSEDEAS, YOU TAY THE LESSER OF 3 MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE ON ONLY OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, YOU HAVE 30 DAYS IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF FORM Wh OUR N TICE OF APPEAL. My commission expires first Monday of January, 2002 An r. vSA.nn District SEAL BRIAN K FISH, VS. LESLIE CORRIGAN, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 03 CIVIL TERM AFFIDAVIT 1. I, Leslie Corrigan , am the defendant in the above-captioned action, which is an appeal from a judgment rendered by District Justice Charles Clements on August 4, 1999, awarding Plaintiff possession of the apartment in which I reside. 2. The rent for my apartment, located at 412 Third Street, New Cumberland, Cumberland County, Pennsylvania, is $650.00 per month, and becomes due on the 1st day of each month. 3. My rent is paid through and including, August, 1999, and my next rent payment will be due on or before the I" day of September, 1999. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. : IN THE COURT OF COMMON PLEAS OF Plaintiff Date:99 cJ Leslie Corrigan, Defend t i= r- =- u. `' c_ ` 1 ? i , u.?. ? : -' - ?. - , ,n ,? * ? ! ?_.; ?'? ?a U? J 01 BRIAN K FISH, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. LESLIE CORRIGAN, :NO. 99- H?3CIVIL TERM Defendant PRAECIPE TO PROCEED IN FORMA PA PERI To the Prothonotary: Kindly allow, Leslie Corrigan, Defendant, to proceed in forma pauce . . I, Philip C. Briganti, attorney for the party proceeding jp forma pguperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Philip C. Briganti r/ Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I r ' BRIAN K FISH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. LESLIE CORRIGAN, :NO. 99- CIVIL TERM Defendant AFFIDAVIT IN SUPPORT OF PETITIOIQ FOR LEAVE TO PROCEED IN FORMA PA PERT 1. I am the Defendant in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Leslie Corrigan Address: - 412 Third Street New Cumberland PA 17070 (b) Social Security Number: 223-15-5678 If you are presently employed, state Employer: Holiday Inn Address: 83 & PA Turnpike New Cumberland PA 17070 Salary or wages per month: _$600.00/mo (net) Type of work: Waitress Type of work: Waitress If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: N/A Other self-employment: N/A Interest: N/A Dividends: N/A Pension and annuities: N/A Social Security benefits: N/A Support payments:_$836/month* client has not received yet DRO states may be I Disability payments: N/A Unemployment compensation and supplemental benefits: N/A Workman's compensation: N/A Public Assistance: Food stamps $300/mo (since June 1999) Other: N/A (d) Other contributions to household support (Wife)(Husband) Name: N/A If your (husband) (wife) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: (e) Property owned Cash: _ $15.00 Checking Account: N/A Savings Account: N/A Certificates of Deposit: N/A Real Estate (including home): N/A Motor vehicle: Make_Civic Year 1993 Stocks; bonds: Cost $1400oA0 Amount owed $2600.00 Other: N/A (f) Debts and obligations Mortgage: Rent: - $650.001month Loans: N/A Monthly Expenses: Electric $40,00: Groceries $2()0.00* (after food stamps)6 Telephone $21.00 Trash/Sewer $35.00: Car oavment $200.00: Daycare $400.00: Car Insurance (g) Persons dependent upon you for support Children, if any: Name: Daniel Corrigan Age: 8 Vz years 1 1h years 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Date: fa fi G?? `7? / Leslie Corrigan, Defe t > r• ?' : L: ? ? _ i.._ . i.,. _ ? V " ?'-?? -.j ' _.. t !> 1. 1 r. )'. - l r -, ?) ?? C? COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na 99 - '? / ?/ / NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Comnan Pleas an appeal from the judgment rendered by the District Justice on the rate and in the case mentioned belay J. Charles A. Clement, Jr. St Alen Cu?,herlsnd uuc ur aanwsnr ran urrw,Fi 8-4-99 Brian K. Fsh _ Leslie Corrigan- LT 1999 0000302-99 /7yPLl.f ` This block will be signed ONLY when this notation is required under Pa R.CP.JP. No 1008B. This Notice of Appeal, when received by' the District Justice, will operate as a SUPERSEDEAS to the j t fa possession in this case Ls?n/ $n(v,r mil, /n r", P ?/i ?;nr• k?o v? 11 appelianI,was CLAIMANT (see Pa. R.C.P.JP. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to, be used ONLY when appellant was DEFENDANT (see Pa. R.CAJP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Brian F. Fish , appellee(s), to file a complaint in this apped Mme or appell s) ,. / / 7 (CpM10li pis 9 ?? c? I (A ? /t ^t )''? within twenty (20) days after service of rule ar suf9pr entry of judgment of non pros. No 9 ' SVW" Of 8AW0811 Of ras allWW Of ;pent RULE: To Brian K. -Fish ,appellee(s)L Nave of arpelAWS) (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dote of service of this rule upon you by personal service or by certified or registered mail (2) If you do noFfile.a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The da19-of'wvice of this rule if service was by =it is the date of mailing. i' syene Of AavC312-W COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN( I0) DAYS AF I FR filmy the eeico of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Be -;AFFIDAVIT: I hereby swear or affirm that I served a ropy of the Notice of Appeal, Common Pleas No99_11 CtVL Teti}gbn me District Justice designated therein on (date of service) 1 , _puggst 6, .1999- - , ? by personal service LjI by (cerhfied)?rg 5N) mail, sender's receipt attached hereto. and upon the appellee, lnarne) _ Brian K. Fish , on Aug-tie E--6._ . 19_C)9_. ? by personal service [R by (certified) ( 9t1 mail, sender's receipt attached hereto. Ij and further that l served the Rule to File a Cornplaintaccornpanymg theabove Novice of Appeal upon the appellee(s)to whom the Rule was addressed on August' 6, ' 19-q9El by personal service I$I by (certified) QEKMXItIMF mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME net '. THIS _ DAY OF Signature of affront S,ynarum or a(boal ,:urom a^cm a;'.uo>.r xas n?.no TWO or ofborel hty e0Tm155ee CNhIIC: ^d' I verify L6at °°' ffidavit understa IS Pa. C Z 332 r'`{9 263 made su n falsi Service IJS Postal t for Certified Mail Receip venigo Provided.sea reverse No Insurance Co CLEr1ENT J R 1 r Inlemauonal Mail JUST CHARLES ST 16 omNomN p0` LISLE RD C L06 HILL FA 33 $ P,14p ;rage { ,r,h,d Fee pedy Deliver, Fee Resthded Delivery Fair y r F", Showing Petum to Debvemd Ymom 6 Dam tNgloYtrq^ ??,__ Pac 'P hm e R L ?s e $. Dated s j TOTAL PoSaga 6 FO 0 Postmark Or Oate E 0 LL ' if Z 332 849 262 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. ne im ueo rer Intnm ti-I ilea ro--.,.....__, 5rrlan K Fish s412111 umper Lane Post Office. Slate, 8 ZIP Code nill.h,. PA 1701 9 Postage $ .3 Ceeihed Fee V Special very Fee r elivery Fee ip) Showingm e Dellver ad i- s. tor, on ee' Addess TOTAL Postage d Fees $ i Postmark or Dal m Q O 0 m c? E 0 a PROOF OF SERVICE OF NOTICE OF APPEAL AN (This proof of service MUST BE FILED WITHIN TEN 110) DAYS AFTER Jilin COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland : 88 AFFIDAVIT: I hereby swear or affirm that I served 'X a COPY of the Notice of Appeal, Common Pleas No.99-4M C y (date of service) 1 A11gilst 6,_1999 Cl by pers receipt attached hereto, and upon the appellee. (name) _ Brian K. Aug-ust--b- • 19_99_-_ D by personal service C,R by (certifi and furtherthat l served the Ruleto Filea Coin plaintaccorn panyiny tl the Rule was addressed on August F, 1 19 9C mail, sender's receipt attached he)"eto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 19. Signature of on""'I ooforo wlio,n nlb"', was maun TIIIa Of official My eommisswn cxpires on ' 9_- ? L b b o a A y r P V y m `-? m - - o m N ?o ? ta4 -Y =- on 1 n3 Ito. om -3 =- " b1L _ v ? _ ? }i = o a ? my ? v "-_ . 3 aN 3o r, ? o EI 30 3 o - - it Ps Form 3800, April 1995 (Reverse) I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. n ? r- .-_L, i7 I ' < SHERIFF'S RETURN - REGULAR CASE NO: 1999-04732 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FISH BRIAN K VS. CORRIGAN LESLIE KATHY CLARKE , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon CORRIGAN LESLIE the defendant, at 14:50 HOURS, on the 25th day of August , 1999 at 412 NORTH THIRD STREET NEW CUMBERLAND, PA 17070 CUMBERLAND County, Pennsylvania, by handing to LESLIE CORRIGAN a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 10.54 Affidavit .00 Surcharge 8.00 Rattle 7S eri 4)3b-5?iRI7 C. DINELLO 08 26/1999 by epu y eri Sworn and subscribed to before me this d(. °` day of a/- 19? A.D./ / I ono arary !?::rnI IC. I!: na il„ BRIAN K. FISH VALERIE FISH, Plaintiffs, VS. LESLIE CORRIGAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99 - 4732 CIVIL TERM : CIVIL ACTION - LAW JURY TRIAL DEMANDED YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action, within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 I BRIAN K. FISH VALERIE FIS, Plaintiffs, Va. LESLIE CORRIGAN, Defendant TO: Leslie Corrigan, Defendant 412 North Third Street New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 99 - 4732 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Complaint within twenty (20) days from service hereof or judgment may be entered against you. Date: DARRIN C ELL Attorney for Plaintiff 2405 Linglestown Road Harrisburg, PA 17110 (717) 909-6730 Attorney I.D. #78157 r-. BRIAN K. FISH VALERIE FISH, Plaintiff(s), VS. LESLIE CORRIGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99 - 4732 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW come the Plaintiffs, Brian K. and Valerie Fish, by and through their attorney, Darrin C. Dinello, Esquire, and files the following complaint against Defendant: 1. Plaintiffs, Brian K. and Valerie Fish, are adult individuals residing at 426 Mumper Lane, Dillsburg, Pennsylvania. 2. Defendant, Leslie Corrigan, is an adult individual residing at 412 3zd Street, New Cumberland, Pennsylvania. 3. On or about March 1, 1999, Plaintiffs leased Plaintiffs, premises at 412 North Third Street, New Cumberland, Pennsylvania (herein the "Residence"), to the Defendant under a Residential Lease Agreement (herein the "Lease"), a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 4. The Lease provided for a term of two (2) years beginning on March 1, 1999, and continuing until March 1, 2001. 1 COUNT I - BREACH OF CONTRACT INDIVIDUALS OCCUPYING PREMISES i 5. The allegations of paragraphs 1-4 above are incorporated herein by i reference as if more fully set forth. 6. The Lease provided that the Defendant was to use the Residence as a single-family residence, only for the Defendant's immediate family, limited to two (2) adults and three (3) children. 7. Since at least June 25, 1999, Defendant has allowed the Residence to be occupied by at least four (4) adults and four (4) children. 8. Plaintiffs have requested that Defendant rectify this breach of the lease. 9. Defendant has refused to comply with Plaintiffs' request. 10. Accordingly, Plaintiffs are entitled to the following additional rent: (1) $780.00 which represents past due rent for July and August, 1999 at $130.00 per month for each additional person over the allotted amount of five (5) occupying the Residence; (2) $130.00 per month for each additional person over the allotted amount of five (5) that Defendant allows to occupy the Residence until this matter is resolved. WHEREFORE, Plaintiffs respectfully request this Honorable court enter judgment in the amount of $780.00, together with rent for additional occupants of the Residence which will continue to accrue and remain unpaid through the date of judgment and the costs of suit and any other amount the Court deems proper. 2 COUNT II - BREACH OF CONTRACT PAYMENT OF RENT 11. The allegations of paragraphs 1-10 are incorporated herein by reference as if more fully set forth. 12. The Lease provides that Defendant is to pay rent to Plaintiffs in the amount of $650.00 per month due and payable on the first (1") day of each month. 13. The Lease further provides that Defendant is to be assessed a late charge in the amount of two dollars ($2.00) per day for each day the rent payment is past due. 14. Plaintiffs did not receive Defendant's rent payment for the month of March 1999 until March 3, 1999. 15. Plaintiffs did not receive Defendant's rent payment for the month of April 1999 until April 14, 1999. 16. Plaintiffs did not receive Defendant's rent payment for the month of May 1999 until May 12, 1999. 17. Plaintiffs did not receive Defendant's rent payment for the month of June 1999 until June 9, 1999. 18. Plaintiffs did not receive Defendant's rent payment for the month of July 1999 until July 3, 1999. 19. Accordingly, there have become dud and owing the following sums: March, 1999 late charge $4.00 April, 1999 late charge $26.00 May, 1999 late charge $22.00 June, 1999 late charge $16.00 July late charge $4.00 Total $72,00 WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in favor of Plaintiffs and against defendant in the amount of $72.00, together with any late charges that continue to accrue through the 3 date of judgment and the costs of suit and any other amount the Court deems proper. COUNT III - BREACH OF CONTRACT PAYMENT OF UTILITIES 20. The allegations of paragraphs 1-19 above are incorporated herein by reference as if more fully set forth. 21. The Lease states that defendant is responsible to pay for all electrical service, telephone service, television cable service, gas service, water, trash removal, heat and sewer. 22. The Defendant has failed to pay the quarterly trash bill for April, May and June. 23. The Defendant has failed to pay the quarterly trash bill for July, August and September. 24. The Defendant has failed to pay the quarterly sewer bill for April, May and June. 25. The Defendant has failed to pay the quarterly sewer bill for July, August and September. 26. The Defendant has failed to fill the oil tank which provides heat and hot water to the Residence. 27. Accordingly, there have become due and owing the following sums: April, May and June Trash $37.38 ($.37/day) July, August and September Trash $37.38 ($.37/day) April, May and June Sewer Bill $158.31 ($1.76/day) July, August and September Sewer Bill $158.31 (1.76/day) Oil ta nk fill as of 8/19/99 e2,5-Q _($,73/gallon) Total $573.88 WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in favor of Plaintiffs and against Defendant in the amount of $573.88, together with all utility charges which will continue to accrue and remain unpaid through date of judgment and the costs of suit and any other amount the Court deems proper. 4 COUNT IV - BREACH OF CONTRACT WASTE i 28. The allegations of paragraphs 1-27 above are incorporated herein i by reference as if more fully stated. 29. The Lease states that Defendant is to keep the Residence in good condition. 30. The Lease states that Defendant agrees to keep the Premises of the i Residence free and clear of any type of refuse, junk or other debris. 31. Since at least May 8, 1999, the front porch, front yard and I general outside area of the Residence has been cluttered with i Defendant's junk and debris. 32. The Lease states that Defendant and other tenants are not to do or permit any act or practice injurious to the Residence. 33. Defendant has caused extensive damage to the interior walls of the Residence, 34. Defendant has caused three (3) windows of the Residence to become broken. 35. Defendant has caused tile in the kitchen area to become severely stained by water. 36. Defendant has caused the carpet inside the Residence to become damaged beyond the point of normal wear and tear. 37. The Lease states that Defendant is responsible to keep the grass and shrubbery on the Premises of the Residence cut and trimmed. 38. Since March 1, 1999, and continuously to the present, Defendant has failed to cut the grass and trim the shrubbery as required. 39. The Lease states that Defendant shall keep garbage in tight containers in a designated area and not allow garbage to lie loose or cans to be left open. 5 i 40. Since March 1, 1999, and continuously to the present, Defendant i I has allowed garbage to lie open on the premises and has failed to place garbage in proper containers for its disposal. 41. Accordingly, the Plaintiffs have suffered the following damages: a. $700.00 which represents the cost to re - paint the interior walls of the Residence; b. $110.00 which represents the cost to replace the three broken windows in the Residence; c. $90.00 which represents the costs to replace and fix the water - stained tile in the kitchen of the Residence; d. $129.00 which represents the costs to clean and shampoo the carpets in the Residence; e. $200.00 which represents the cost to perform a general cleaning of the entire Residence; f. $75.00 which represents the cost to cut the grass and trim the shrubbery on the premises of the Residence. WHEREFORE, Plaintiffs respectfully request this Honorable Court enter judgment in favor of Plaintiffs and against defendant in the amount of $1,304.00 which represents the costs of repairing the damages caused by defendant to the Residence, additional costs for damages that may occur to the Residence through the date of judgment and the costs of suit and any other amount the Court deems proper. COUNT V - EJECTMENT 42. The allegations of paragraphs 1-41 above are incorporated herein by reference as if more fully set forth. 43. On or about July 23, 1999, Plaintiffs filed with the District Justice for possession. 6 44. On or about August 4, 1999, the District Justice granted Plaintiffs possession. 45. Plaintiffs have provided Defendant with written and oral notice to remove from the Residence. 46. Despite notice to terminate and remove from the Residence, Defendant has failed and refused to vacate and surrender possession of 412 North Third Street, New Cumberland, Pennsylvania, to the Plaintiffs. WHEREFORE, Plaintiffs respectfully request this Honorable Court enter judgment against Defendant for possession of 412 North Third Street, New Cumberland, Pennsylvania, with costs of suit and any other costs this Court deems proper. Date 9/ Kf y Respectfully Submitted, I . DARRIN C. LLO Attorney for Plaintiff Supreme Court ID# 78157 2405 Linglestown Road Harrisburg, PA 17110 (717) 909-6730 7 EXHIBIT "A" LEASE This LegeO le Invade this day of MGx ??i between w , 199x, ailed Lhe "Landlord" in Lhie Lease, and _ wIO le who is called the "Tenant" .1.11 this Ls se. LElIfiE premises known as l 1 I o y grants tto the Tenant Posaesslon of tile is called fire "Premises" in this Lease. 'I'Ire Tenant- will puseeL e Premises as a single-family residence, only for the Tenant's immediate family, limited to oL adults or children. The Tenant shall nn L- use the Premises foaduts and -':3 purpose. rlan unlawful If the 't'enant pays the rent provided for in this Lease and performs all of its other obligations under this Lease, the Landlord promises to grant to the Tenant peaceful and quiet enjoyment of the Premises during the term of this Lease. LEASE TERM Tire term of this Lease will begin on Moj\.. and expire on _L_IV1cr ,li,_ _?r„?? --------r 19 ql The 'Tenant will pay to the Landlord the total annual rent,o£.. (vSU.UU dollars. The Tenant shall pay the total annual rent by paying dollars per month on the first day of each month beginning on 1939 The rent shall he paid to the Landlord at the following aclclresa: 1IP (,, f\) 1L..,_^ ._ I.n -ill N :cP.iI 0A I -- . r, If the rent is received by the Landlord before the first day of. I.he m onth, the l..andlord shall give the Tenant a O dollars credit on the rent clue. However, if the rent- is not received by the Landlord by the first day of the month, the 't'enant will pay Lo t:he Landlord a - - 4 - _ oo dollar late charge for each day that the rent: i s unpaid after that date. SECURITY DEPOSIT The Tenant shall pay the Landlord ?(o.SG.CU dollars at the beginning of the tern of this Lease as security for the performance of the 'T'enant's obligations under this Lease. If the 'T'enant breaches its ohligations under this Lease, the security deposit may be kept by the Landlord and applied towards the damages incurred by Lhe Landlord as a result: of the Tenant's breach. ALTERATIONS The Tenant agrees not to make any alterations, additions, improvements or other changes to any part of the Premises without the prior written consent of t:he Landlord. if the Landlord gives i.l.s consent, it will he wi.th the understanding Lhat such additions, alterations or improvements shall. become the property of the Landlord at the end of the term of this Lease. INDEMNIFICATION 'I'sle Tenant shall. pay the Landlord for any loss or any liability imposed upon the Landlord because of personal injuries or 1 property damage arising from the 't'enant's use of the Premises. The Tenant shall also pay the Landlord for any lose or any liability imposed upon the Landlord because of personal injuries or property d in the Preses. The Tenant amage caused by anyone or anything which the TOIlant allows on or court costsmor attorneys' fees sincurred by the LLand.lord asdaf result of such injuries or damage. IHSUMNCE The Landlord will,obtain casualty Premises insurance coverage for 1:110 . if the Premises are damaged by fire or other, casualty covered by insurance, the Premises will be repaired with all reasonable diligence by the Landlord. The 'Tenant shall continue to pay rent while the damages are being repaired. If the Premises cannot be reasonably occupied by the Tenant, then this 1,ease shall ternninate and the Tenant- shall not be liable for any further rent: after the Tenant ceases to occupy the Premises. The 't'enant will obtain its own insurance coverage on any personal property contained within the Premises. The 't'enant will also provide liability insurance to the Landlord with a minimum coverage amouuL of $50,000.00 per person and $300,000.00 per occurrence. REPAIRS The Landlord shall be responsible for any and all repairs to the exterior of the Premises. The Landlord agrees to be responsible for all repairs to the interior of the Premises including the heating facilities, plumbing facilities, electrical facilities, and appliances. However, the 'tenant agrees to pay the first dollars of all repairs within its unit. Also, if such repairs are due to negligence of the Tenant or by anyone or anything which the Tenant allows on or in the Premises, til>en all of such repairs shall be performed at the expense of the 'i'e 911t. ASSIGNMENT The Tenant promises not to assign, sublet or transfer possession of the Premises to any other person. UTILITIES The TennnL• will pny for all electrical service, telephone service, television cable service, gas service, water, trash removal and heat, ACCESS BY LANDLORD 'file Landlord or any person authorized by His Landlord has the right to enter the Premises at reasonable times to Inspect the Premises, to make repairs or alterations as needed to the Premises, to enforce this Lease, or if there is any emergency. The Landlord may also place the Premises on the market for sale and show the Premises to prospective tenants and/or purchasers. SURRENDER OF THE PREMISES 'rile 'recant agrees with the Landlord that the Tenant has received the Premises in good order and condition. The Tenant agrees that at the expiration of this Lease the Tenant will deliver the Premises to the Landlord in as good all order and condition as when the Premises were received by the Tenant, with the exception of any damage caused by riot, fire, flood, incendiaries, acts of God or the public enemy, ordinary wear and tear, and other causes beyond the 'tenant's control. However, the Tenant shall be liable for any repairs resulting from negligent acts of the 'tenant or any person who comes onto the Premises at the invitation of the Tenant. At the end of the term of this Lease, the entire Premises must be cleaned, the carpet cleaned, and the kitchen and bathrooms left 2 in the same condition as when the Tenant took possession of the Premises. '1410 't'enant will have the opportunity t.o complete a "'Tenant Approval Checklist" before taking possession of Lhe Premises. At the end of the term of this Lease, after the 'tenant has removed its property from the Premises, the Landlord shall inspect the Premises to determine if there has been any damage t:o the Premises. Any damage to the Premises caused by the TenanL shall be paid for by Lhe Tenant and deducted from the security deposit. The Landlord shall account to the Tenant in wriLing for the unused portion of the security deposit within 30 days following the end of the Lerm of the Lease. The Tenant must, however, provide the Landlord with the Tenant's forwarding address. HASTE The Tenant agrees to keep the Premises in good condition. The 'T'enant agrees to keep the Premises free and clear of any type of refuse, junk or other debris. The Tenant agrees not to do or permit any act or practice injurious to the Premises, any act which may be disturbing to the other residents, any act which may effect the insurance on the Premises, or any act which is contrary to any law. The Tenant will. be responsible for keeping all walks in and about the Premises free of snow and ice. The 'PenanL shall keep grass and shrubbery cut and trimmed. 'rhe Tenant shall. keep garbage in a tight container in a place designated. The Tenant shall place trash out. for pick up immediately before the scheduled service. The Tenant- shall not allow garbage to lie loose or cans to be left open. PETS The Tenant- agrees that there shall be no pets or other animals, either domestic or otherwise, including birds, kept on the Premises. The Tenant further agrees not to permit such animals to visit the Premises on a temporary basis. EXPIRATION The 'T'enant shall vacate the Premises at the expiration of this Lease. If the Tenant remains in the Premises after Lite termination date, the Tenant shall become a tenant on a month-Lo-month basis. In that case, Lite Landlord may terminate Lite Lease by giving the Tenant a 30 day wriLten notice of Lerntination. Until Lite Lease is so terminated, the 'T'enant shall occupy the Pr.emices upon Lite same terms and conditions of this Lease as are effective immediately prior to the expiration of the original Lease term. DEFAU-T If the 'T'enant fails to perform any term or condition of this Lease, or abandons the Premises, or becomes insolvent, the Tenant shall have breached this Lease. If that happens, the Landlord may do any of the following; a. Declare Lite rent for the remainder of the term of the Lease to be immediately due and payable. b. Terminate the Lease so that the Lease and the terms created hereby as well as the right, title and interest of the Tenant under this Lease will cease and terminate and become absolutely void without any right on the part of Lite 'T'enant to save the forfeiture of the Lease by payment of any sum or by performance of any term, covenant or condition. The Landlord shall then be entitled to recover damages in an amount equal to the amount of. Lhe rent and other charges Lhat would have been paid by Lite 'reliant during the balance of the term of Lite Lease, less Lhe fair rental value of the Premises for Lite balance of the term of the Lease. C. The Landlord may lease the Premises or any part thereof 3 to other persons. WAIVER OF NOTICE The Tenant hereby waives all right to legal notice wherever provided by statute or common law and agrees that 5 days notice of any proceeding to recover possession in the event of any default at any time shall be sufficient-. ENTIRE AGREEMEN'T' This Lease constitutes the sole understanding of the Landlord and the Tenant. Any amendments or additions to the Lease shall be effective only when reduced to writing and signed by the Landlord and the Tenant. This Lease also acknowledges the addition of the 't'enant Approval Checklist that accompanies this Lease. PERSONAL PROPERTY In addition to the real property as described herein including appliances, the Landlord and the Tenant also agree that certain items of personal property will be left on the Premises and may be used by the Tenant during the term of this Lease. These items are as follows: IN HITNESS WHEREOF, the Landlord and the Tenant have executed this Lease as of the day and year indicated above, intending to be legally bound hereby. HITNESS: LANDLORD: i TENANT: .s_-?L 4 fwu-c4-dd lul: fc•ca ril n"-)u t,llut J10 rtu, hu. lIlt1yUbbb9 AuV-24-99 12:33P O»rrtn C. osnullc, Es9_ 717 9o9 7903 V HIFI :A Y I, Vslcric Finh, lit,C+y Verify "hut f am the NilldlTin this actioll: that as such, 1 ant authorized m make this verifit, tiou; that i have rc,"d the foregoing Complaint: and t1131 dm facts stated thmin are hue cold coftcet to the hest Of'mykuuwlcdgc, intomation and hclicf. I undmund that any NISC Slal"'Cols 11crein are glade Subject to penalties of 18 pa,C.S. SCCtioll 4904, relating to utlsMVm ISlsification N aulhuhtie4• N. Ul P.oH Data: J4 CJ-li?,? VALFRiF,FISH cr, Darrin C. Dinello Attorney at Law 2405 Linglestown Road Harrisburg, Pennsylvania 17110 Certified to be a true copy Darrin C. Dinello BRIAN K. FISH VALERIE FISH, Plaintiff(s), Vs. LESLIE CORRIGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99 - 4732 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER AND COUNTERCLAIMS AND NOW come the Plaintiffs, Brian K. and Valerie Fish, by and through their attorney, Darrin C. Dinello, Esquire, and files the following complaint against Defendant: NEW MATTER 1. LATE FEES ARE UNENFORCEABLE AS A PENALTY 47. Admitted. 48. Denied as a conclusion of law to which no answer is needed. To the extent an answer is needed it is denied. II. WAIVER OF LATE FEE PROVISIONS 49. Plaintiffs incorporate paragraphs 47 through 48 above as if more fully set forth herein. 50. Denied. Plaintiff Brian K. Fish told Defendant that he would consider not charging a late fee if the rent was paid less than three (3) days late. 1 51. Denied. Plaintiff's statements to Defendant do not constitute a waiver and Plaintiffs are able to enforce the late fee provisions set forth in the Lease. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in their favor and against Defendant for all late fees that have accrued since the parties entered into the Lease Agreement. 1. BREACH OF THE IMPLIED WARRANTY OF HABATABILITY 52. Plaintiffs incorporate paragraphs 47 through 51 above as if more fully set forth herein. 53. Denied. Defendant never told Plaintiffs about water in the basement before or during the month of April 1999. By way of further answer, on May 8, 1999, Plaintiff Brian K. Fish called Defendant to inquire as to why the rent payment for the month of May was late. At that time, Defendant never told Plaintiff about water in the basement. The only problem Defendant mentioned was that the "downstairs toilet was backed up". 54. Denied. Plaintiff Brian K. Fish never observed several inches of water in the basement. 55. Denied. Defendant never informed Plaintiff Brian K. Fish that the basement continued to be damp and musty and that she was concerned about her personal property being ruined. 56. Denied. On may 8, 1999, Plaintiff Brian K. Fish employed Fast Rooter, Inc. to fix the toilet that was backed up. Fast Rooter, Inc did fix the problem and the toilet was in good working condition 2 0',. when they left the premises. On may 15, 1999, Plaintiff again employed Fast Rooter, Inc. to fix the toilet that was backed up. Since May 15, 1999, until the present time, Plaintiffs never heard from Defendant regarding any problems with the toilet or water in the basement. 57. a - c. Denied. Plaintiffs specifically deny that dampness in the basement has caused any injury whatsoever to Defendant's personal property. 58. Denied. Plaintiffs are without sufficient information to respond to this averment, the same is therefore denied. 59. Denied as a conclusion of law to which no answer is needed. To the extent an answer is needed, it is denied. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in their favor and against Defendant and that Defendant's requests for relief be denied. II. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 60. Plaintiffs incorporate paragraphs 47 through 59 above as if more fully set forth herein. 61. Denied. Before entering the rental premises, Plaintiffs requested permission to enter the premises from an unknown female located on the front porch. The unknown female stated that she lived at the house and gave Plaintiffs permission to enter the same. 62. Denied. Plaintiffs are without sufficient information as to whether j Defendant's father is a stroke victim and disabled, the same is therefore denied. 3 63. Denied. Defendant's father was calm and gave Plaintiffs permission to enter the residence. 64. Denied. Plaintiffs were only in the residence approximately five (5) minutes. Plaintiffs never yelled or spoke in loud tones. Plaintiffs never made any comments toward Defendant. By way of further answer, i Defendant was not on or about the premises the entire time Plaintiffs were there. 65. Denied. Defendant's children were not frightened in any way by Plaintiffs entry into the premises. By way of further answer, Defendant's four (4) year old child was not on or about the premises while the Plaintiffs were there. 66. a. Denied. Defendant and her family have not suffered injury as a result of Plaintiffs' conduct. b. Denied. Defendant and her family have not suffered injury as a result of Plaintiffs' conduct. C. Denied. Defendant and her family have not suffered injury as a result of Plaintiffs' conduct. 67. Denied as a conclusion of law to which no answer is needed. To the extent an answer is needed, the same is therefore denied. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in their favor and against Defendant and to deny Defendant's requests for Compensatory and Punitive damages. 4 II. BREACH OF IMPLIED COVENANT OF QUIET ENJOYMENT 68. Plaintiffs incorporate paragraphs 47 through 67 above as if more fully set forth herein. 69. Denied as a conclusion of law to which no answer is needed. To the extent an answer is needed, it is denied. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in their favor and against Defendant and deny Defendant's request for Compensatory and Punitive damages. Date: Respectfully Submitted, 2 DARRIN C. ELLO, Esq. Attorney for Plaintiffs Supreme Court ID# 78157 2405 Linglestown Road Harrisburg, PA 17110 (717) 909-6730 5 SEP-30-99 THU 0929 AM FMSO CODE 975 FAH NO, 717+7905555 Sep 30 99 10103a William Penn Settlement 717-909-9923 VERIF'fCATIOLN 1, Valerie Fish, hereby verify that I am the Plaintiff in this action; that as such, lam audtorited to make this verification; that I have read the foregoing Plaintiff's' Answer to New Mancr and Counterclaims ; and that the facts sbtted therein Are true and correct to the best of illy knowledge, information and belief. 1 understand that any false statements herein are made subject to penalties of 19 PA.C.S. section 4904, relating to unswom falsification to authorities. P. 01 p.7 Date•a?.ei (LInfq 1.? lit VALERIE FISH CERTIFICATE OF SERVICE I hereby certify that 1 have this day served a true and correct copy of the foregoing document by mailing a copy, postage prepaid, addressed to: Philip Brigand, Esquire Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 Date: 4- 3o _ 9 q Darrin C. Dinello uire 2405 Linglestown Road Harrisburg, PA 17110 (717)909.6730 BRIAN K. FISH VALERIE FISH, Plaintiffs, V. LESLIE CORRIGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99- 4732 CIVIL TERM CIVIL ACTION - LAW TO: BRIAN K. FISH NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. 9 - /y- 9 Date Philip CAttorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pa 17013 (717) 243-9400 BRIAN K. FISH VALERIE FISH, Plaintiffs, V. LESLIE CORRIGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99- 4732 CIVIL TERM CIVIL ACTION - LAW TO: VALERIE FISH NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Date hilip C. riganti Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pa 17013 (717) 243-9400 BRIAN K. FISH VALERIE FISH, Plaintiffs, V. LESLIE CORRIGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99- 4732 CIVIL TERM CIVIL ACTION - LAW ANSWER COMES NOW the Defendant, Leslie Corrigan, by counsel, Philip C. Briganti, Esquire, Legal Services, Inc., and as her Answer to Plaintiffs' Complaint, states as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. COUNT 1- BREACH OF CONTRACT INDIVIDUALS OCCUPYING PREMISES 5. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 1 through 4. 6. Admitted. 7. Denied. Defendant denies that since at least June 25, 1999, she has allowed the residence to be occupied by at least four adults and four children. By way of further answer, Defendant avers that her babysitter often stayed overnight to watch Defendant's children while she worked, but that Defendant permitted no unauthorized persons to reside at the premises. In addition, Defendant avers that this babysitter has not worked for her since August 8, 1999, and no longer stays overnight. 8. Denied. Defendant denies that there was any breach of the lease to rectify. Defendant repeats and incorporates by reference her averments set forth in Paragraph 7. 9. Denied. Defendant denies that she has refused to comply with the alleged request. Defendant repeats and incorporates by reference her averments set forth in Paragraph 7. 10. Denied. Defendant denies that Plaintiffs are entitled to additional rent. There have been no additional persons occupying the residence. Moreover, the payment of additional rent is not required by the lease in the event the residence is occupied by more than five persons. COUNT II - BREACH OF CONTRACT PAYMENT OF RENT 11. The averments set forth above in Paragraphs 1 through 10 are incorporated herein by reference. 12. Admitted. 13. Admitted. However, as set forth below in Defendant's New Matter, these late charges are unenforceable as a penalty. 14. Denied. Defendant denies that Plaintiffs did not receive Defendant's rent payment for March 1999 until March 3, 1999. Defendant gave the Plaintiffs a check on March 1, 1999, when she signed the lease. 15. Denied. Plaintiffs received Defendant's rent payment for April 1999 on April 10, 1999. f 16. Admitted. i 17. Admitted. 18. Admitted. i 19. Denied. The late fee provisions of this lease are unenforceable as a penalty and unconscionable, in that the amounts they assess are excessive and bear no rational relationship to actual or reasonably anticipated losses incurred by Plaintiffs due to i the late payment of rent. Additionally, Plaintiffs told Defendant that if she was less than fifteen days late, she did not have to pay a late charge. COUNT III - BREACH OF CONTRACT PAYMENT OF UTILITIES 20. Defendant repeats and incorporates by reference her averments set forth in Paragraphs I through 19. 21. Admitted. 22. Admitted. 23. Admitted. 24. Admitted. 25. Admitted. 26. Denied. Defendant denies that she has failed to fill the oil tank. Defendant has paid to have the tank filled. 27. Denied. Defendant denies that the alleged sums are due and owing to Plaintiffs. The lease does not require that Defendant pay the charges for these services to Plaintiffs, but merely allocates responsibility to the tenant for paying said charges to the service providers.. COUNT IV - BREACH OF CONTRACT WASTE 28. The averments set forth in Paragraph 1 through 27 above are incorporated herein by reference. 29. Admitted. 30. Admitted. 31. Denied. Defendant denies that since at least May 8, 1999, the front porch, front yard and general outside area of the residence have been cluttered with junk and debris. 32. Admitted. 33. Denied. Defendant denies that she has caused extensive damage to the interior walls of the residence. There were a few crayon marks on the walls, but Defendant has removed them. 34. Denied. Defendant denies that she caused three windows of the residence to become broken. Defendant's estranged husband pushed Defendant against the back door and caused the window in it to break. Another window was broken when someone whose identity is unknown to Defendant threw a rock at it. Also, a different window was broken when the pulley string holding it up broke, causing it to come crashing down while Defendant was watching television. 35. Denied. Defendant has not caused tile in the kitchen area to become severely stained by water. There is no floor tile damage, and the ceiling tile was damaged by water before Defendant moved into the residence. Additionally, before Defendant moved in, Plaintiff Brian K. Fish stated that he would take care of the stain. 36. Denied. Defendant denies that she has caused any damage to the carpets beyond ordinary wear and tear. 37. Admitted. 38. Denied. Defendant denies that since March 1, 1999, and continuously to the present, she has failed to cut the grass and trim the shrubbery as required. 39. Admitted. 40. Denied. Defendant denies that since March 1, 1999, and continuously to the present, she has allowed garbage to lie open on the premises and has failed to place garbage in proper containers for its disposal. 41. Denied. Defendant denies that Plaintiffs have suffered the alleged damages. Defendant repeats and incorporated by reference her averments set forth above in Paragraphs 28-40. COUNT V - EJECTMENT 42. The averments set forth in Paragraphs 1-41 are incorporated herein by reference. 43. Admitted. 44. Admitted. 45. Admitted. 46. Admitted. NEW MATTER 1. LATE FEES ARE UNENFORCEABLE AS A PENALTY 47. The parties' lease provides that "if the rent is not received by the Landlord by the first day of the month, the Tenant will pay to the Landlord a 2.00 dollar late charge for each day that the rent is unpaid after that date." See Plaintiffs' Exhibit "A„ 48. Said late fee provisions are unenforceable as a penalty, in that the amounts they assess are excessive and bear no rational relationship to any actual or reasonably anticipated losses incurred by Plaintiffs due to the late payment of rent. II. WAIVER OF LATE FEE PROVISIONS 49. Defendant repeats and incorporates by reference her averments set forth above in Paragraph 47. 50. Plaintiff Brian K. Fish told Defendant that she would not have to pay a late fee if her rent was paid less than fifteen days late, thus waiving any late charge if the rent was paid within this time period. 51. Because of said waiver, and Defendant's reliance thereon, Plaintiffs are estopped from enforcing the late fee provisions in the parties' lease. WHEREFORE, Defendant respectfully requests that judgment be entered in her favor, and that the relief requested by Plaintiffs be denied. COUNTERCLAIM 1. BREACH OF THE IMPLIED WARRANTY OF HABITABILITY 52. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 1-51. 53. In or about April 1999, Defendant observed water in the basement of the rental premises, which resulted from a plumbing problem. 54. After the plumbing problem was repaired, several inches of water remained in the basement, which Plaintiff Brian K. Fish personally observed. 55. Defendant informed Plaintiff Brian K. Fish on several occasions thereafter that the basement continued to be excessively damp and musty, and that she was concerned that her personal property stored in the basement would be ruined. 56. Said Plaintiff told Defendant that he would have someone come out to look at the basement, which he failed to do. 57. Because of Plaintiffs' failure to remedy the dampness problem, Defendant has incurred damage to her personal property, including but not limited to the following: a. Mold growth and dampness on her antique wooden rocker, three antique wooden chairs and an upholstered wooden bench, requiring that they be refinished; b. Mold growth and dampness have ruined two suitcases; c. Mold on a silver-plated bowl and tray has penetrated the plating, requiring that these items be refinished. 58. Defendant believes and therefore avers that the dampness and mold in the basement has caused and will continue to cause her and her family to suffer from respiratory problems. 59. Plaintiffs' failure to correct the dampness problem in the basement, after Defendant provided notice of this condition and a reasonable opportunity to remedy it, constitutes a breach of the implied warranty of habitability. WHEREFORE, Defendant requests that she be awarded such damages as may be proven at trial resulting from Plaintiffs' breach of the implied warranty of habitability; that she be awarded the difference between the amount of rent she has paid for the rental premises and the reduced value of the premises caused by Plaintiffs' breach; and that she be granted such other and further relief as this Court may deem reasonable and just. 11. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 60. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 1-59. 61. In or about July 1999, Plaintiffs, without the permission or consent of anyone in Defendant's household, entered the rental premises by pushing open the back door. 62. Defendant's father, who is a stroke victim and disabled, was at the residence with Defendant's children at the time of Plaintiffs' entry. 63. Defendant's father, who had just moved into the residence, had never seen Plaintiffs before, did not know who they were, and was shocked by their intrusion into the residence. 64. After Plaintiffs entered the premises, for approximately two or three hours in the presence of Defendant's father and three children, Plaintiffs yelled and spoke in loud tones; went throughout the residence, including bedrooms, and took numerous photographs; stated that Defendant and her family would have to "get out"; and said that Defendant was an unfit mother who Plaintiff Valerie Fish was going to report to Children and Youth Services so the children would be removed from the home. 65. Defendant's children were frightened by Plaintiffs' behavior and Anna, Defendant's four-year old daughter, cried much of the time Plaintiffs were at the residence. 66. As a direct and proximate cause of Plaintiffs' above-described conduct, Defendant and her family have suffered emotional distress manifested in ways including, but not limited to, the following: a.. They do not feel secure in their own home, and are afraid that Plaintiffs may enter again. b. Defendant's children have expressed fear that Plaintiffs will return to harm and/or frighten them. c. Defendant's daughter Anna has had trouble sleeping, has complained of nightmares involving Plaintiffs, has had difficulty with toileting and will have to enter therapy. 67. Plaintiffs' above-described conduct was wanton, willful, intentional, and outrageous, and was calculated to cause emotional distress to Plaintiff and her family and intimidate them into leaving the residence. WHEREFORE, Defendant respectfully requests that this Court enter judgment in favor of Defendant and against Plaintiffs in the amount of $3000.00 in compensatory damages and $3000.00 in punitive damages; and that she be granted such other and further relief as this Court may deem reasonable and just. 11. BREACH OF THE IMPLIED COVENANT OF QUIET ENJOYMENT 68. Defendant repeats and incorporates the averments set forth above in Paragraphs I- 67. 69. Plaintiffs' conduct set forth above in Count I of Defendant's Counterclaim constitutes a breach of the implied covenant of quiet enjoyment. WHEREFORE, Defendant respectfully requests that this Court enterjudgment in favor of Defendant and against Plaintiffs in the amount of $3000.00 in compensatory damages and $3000.00 in punitive damages; and that she be granted such other and further relief as this Court may deem reasonable and just. i Respectfully submitted, 4?? /;? 4?44cfe? Philip C. riganti Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pa 17013 (717) 243-9400 VERIFICATION The above-named defendant, Leslie Corrigan, verifies that the statements made in the above Answer, New Mutter and Counterclaim are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: , /a. Leslie Corrigan, Defendant! BRIAN K. FISH VALERIE FISH, Plaintiffs, V. LESLIE CORRIGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99- 4732 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certify that I am this 14" day of September, 1999, serving a true copy of the attached Notice to Plead, Answer, New Matter and Counterclaim filed in the above-captioned case upon Damn C. Dinello, Attomey-at-Law, 2405 Linglestown Road, Harrisburg, PA 17110, by first-class mail, postage prepaid. Philip C. riganti I'X Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pa 17013 (717) 243-9400 _ ?_ _ __ ? ?, , r. = L. J V. _ C ? ( F- BRIAN K. FISH and IN THE COURT OF COMMON PLEAS OF VALERIE FISH, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. LESLIE CORRIGAN, DEFENDANT 99-4732 CIVIL TERM ORDER OF COURT AND NOW, this 4? day of October, 1999, a Rule is entered against Leslie Corrigan to show cause why the $650 deposited with the prothonotary on April 5, 1999, should not be released to plaintiffs, the appeal stricken, and judgment of possession granted for failure of defendant to comply with the terms of the supersedeas. Rule returnable seven (7) days after service. Any answer filed shall be forwarded by the prothonotary to chambers. By the Court Bayley, Darrin C. Dinello, Esquire For Plaintiffs Philip Briganti, Esquire For Defendant :sea T ;'\ Darrin C. Dinello Attorney at Law 2405 Linglestown Road Harrisburg, Pennsylvania 17110 'ACT v? BRIAN K. FISH IN THE COURT OF COMMON PLEAS OF VALERIE FISH, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s), 99 - 4732 CIVIL TERM VS. LESLIE CORRIGAN, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED ORDER AND ON THIS day of 1999, Plaintiffs, Motion For Termination and Release of Escrow Under Supersedeas and to Strike Appeal is hereby granted. BY THE COURT: J. Distribution: Darrin C. Dinello, Esq., Attorney for Plaintiffs, 2405 Linglestown Road, Harrisburg, PA 17110 Philip Briganti, Esq., Attorney for Defendant, Legal Services, Inc., 8 Irvine Row, Carlisle, PA 17013 BRIAN K. FISH VALERIE FISH, Plaintiff(s), Vs. LESLIE CORRIGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99 - 4732 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION FOR TERMINATION AND RELEASE OF ESCROW UNDER SUPERSEDEAS AND TO STRIKE APPEAL AND NOW come the Plaintiffs, Brian K. and Valerie Fish, by and through their attorney, Darrin C. Dinello, Esquire, and files the within Motion and Praecipe to terminate Escrow Under Supersedeas And to Strike Appeal and in support thereof avers as follows: 1. On or about March 1, 1999, Plaintiffs Brian and Val-,rie Fish leased Plaintiff's premises at 412 Third Street, New Cumberland, Pennsylvania, to the Defendant Leslie Corrigan under a residential lease agreement (herein the "Lease"), a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 2. The Lease provided for a term of two (2) years beginning March 1, 1999, and continuing through March 1, 1999, at the monthly rental of $650.00, payable in advance, on the 1" day of every month. 3. Defendant has consistently failed and refused to pay the rent due under the lease in a timely manner. 4. Plaintiff filed with the District Justice for possession. 1 S. Plaintiff was awarded judgment and possession from the District Justice. 6. On or about August 5, 1999, Defendant obtained a Supersedeas pursuant to the appeal of the District Justice's judgment by payment of $650.00 into the Prothonotary's escrow and wherein Defendant was to pay monthly rental amounts into escrow by the tat of each month. 7. Defendant has failed and refused to comply with the terms of the Supersedeas by not paying the above-referenced amount timely into escrow as required. 8. Defendant has continuously breached the terms of the Lease as set forth in Plaintiffs' Complaint. 9. It is believed that Defendant is using the appeal process to protect herself form abiding by the terms set forth in the Lease. WHEREFORE, Plaintiffs respectfully request this Honorable Court to terminate the Supersedeas and release the amount in escrow to the Plaintiff and to strike this appeal. Respectfully Submitted, Date: i?_N py DARRIN C. DINELLO, Esq. Attorney for Plaintiffs Supreme Court ID# 78157 2405 Linglestown Road Harrisburg, PA 17110 (717) 909-6730 2 EXHIBIT "A" LEASE Phis i,uesn .La made Ch.i.? day or _r?/1y;_i, U between 13 md ? l-'!. iliL1991, } aCl c! the "Landlord- in this Lease, and who i.s C --r-? U who is called the i.n Chtr, (ease. L•ET?SF. The Landlord hereby grants to the 't'enant possession of the premises known as 10 is called the "Premises" in this Lease. The Tenant will property use L Premises as a single-family residence, only for the 't'enant's immediate ate fami.l.y, limited to children. The Tenant shall not use the Premises fonts and purpose, unlawful [f the Tenant pays the rent provided for in this Lease and performs all of its other obligations under this Lease, the NOW & prom.i.ses to grant to the Tenant peaceful and quiet enjoyment of the Premises during the term of this Lease. LEASE TERM ' The term of this Lease will begin on 1 (Y? and expire on I Y11n f n . ---?- , 199 CL- .. e::.......?.?. .:...._ •.:':.'...e. n.'dM ,aa.•..,. ;: ? .Y...'., :.. •; i.iua :.. ? P1 \'ie'i'[GuYi:A'i:? The 't'enant will pay Co the Landl (o50_0c7 dollars. The Tenant runt by ucy;,,,. ••n .- c)_ the first day of each month begi.niiing The 1:0 1 oi-d Che total annua'l' c'ent:;IO!E shall pay the total <ztiniiul dolLar:'s per month on n Ial..l. be paid to Lhe Land la rd at: the following addr.css: I,?t> R1 .. n. L rt .. T - nn „ n. IE of th the rent i.s received h by the Landlord before the f.irsL clay e m ont , the Landlord shall give the T C, enant a do I Iars credit on the rent due. However _ if the tent i received by the Landlord by t , he first day of the month the s not T will pay to the Landlord a _ U' , 1 lac cl enant for. each day that the rent i s ulnpL after C e hnC laCe charge SECURITY DEPOSIT 't'he "'enanL cK shall pay the Landlord SG.Co dollars at the beginning of the f ' ' term Of this Lease as sec _ i:L for the Lo o the t enant's obligations under this Lease. If the TenanL breaches its obl igations under this Leave, the security deposit ma be kept by the La h ndlord and applied toward s the damages y incurred by t e Landlord as a result: of the 'Venaut's breach. ¢LTERATIONS 'Che Tenant- agrees not to make any alterations, additions, improvements, Or othor changes to any part of the Premir,es without: Lhe prior written consent of the Landlord. If the Landlord dives Us consent, it will be with the understanding that such additions, alterations or improvements shall become the propec'ty of the Landlord at the end of the term of this Lease. INDEMNIFICATION 'flee 't'enant shall. pay the Landlord f.or any loss or any liability imposed upon Che Landlord because of personal injuries or Property damage arising front L1te '1,C!Il 's use of Cltc L'r:em.ise 1,11, 1'enanL 'lord f<, a sha l I. a l..^,o rrly r nay. Lur;; ur. .inipused I.llr. Lnnrl upun Life Landlord because of ?'rIy li a l? damage causecl b .i.1.iL}. pez'so n a.t .i.n•jurics ur. in Life Pr•em.ises. Eiji et 1'? iallaLt sharllcJ lso It IIa 'l'enarit allows Ocrey pI-o court Costs or attorneys' fees .incurred by pay Ul lcllo d on or of such injuries of.- for any datnayo, Life ndlorll as a resuJ.L SIISUILMCE The Landlur.'d w111obLa.i.n casually .insurance cover:aye for I:hc Premises. if Life Prem'i'ses are r.laulayed -11 f.a or collet, cas covered by i.nsuraltce, Lite Premises will be repaired evil'; a1.1 reas y, iligence Ly Lh l Pay real wh ual onable de Landlord, The ' 1'enallL sit, continue Co e tile damages are being repairad• If Lite P cannot be reailsonably occupied by the 'Pen s Lease Lerm.inate anti Lite '1'cnant anL, then Ch.i shaJ.J. not be tcnLises after the ''enanl: teas liable for arty f.urLller J reuL es to occupy [:lip Pr:emisen• The Ta11aI I L wj.1.J. obLain its own i.nsur.ance coverage on any Personal (,roperCy contained w.i.L'itiI I the Premises, The .l..i.ab.il..ity i.nnuranca to Life Laudlorcl w,iL-h itrov.i. L of .$50,000,00 lattlni'n'imcnul.coverage nL r o amounC Per pet: sort and $300,000.00 per occurrence. REPAInS tile e exterL.iaonr; dlo of rd shall Ltile e be e responsible Pot any and a.Ll repairs L., m.i.ses. resiturtsiblc for a.tl Pr. The Ie Landlord it grees Lo be to tile inLerior of tile Premises a.nclud.ny Lhe healing facl.liLies, plumbing facil.iLies, electrical facilities, and applialices , first However., the Tenant agrees to pay tile Al dollars of al. sol if such repairs are due to ney.l.iylerrtcep'l n.il t; anyone or anyth.inq which e a'i' of. s l:tile ic Ll Tenant; its our by .1c pairs '' en?.rlL allows on or DI Llto Premises, enantll of such re shall be Performed at Life expense of Lhe ASSIGNMENT The Tonall L- promiaca not Lo assign, nub.lcl or Lransfer ponnrr,ni.on or. tlm prrrrn.l.nc9 I.n Any frl:hcr Ire.rnorl UTILITIES The 't'enant W-1.11 pay f:or: all electrical acrvi.cc, telephone service, LCICV.i.aieil cable service, gas service, water, trash removal and hcaL) _ ?_- ACCESS UY LANDLORD The Landlord or any person authorized by Lhe Landlord has Lhe right Lo enl:cr (APP Premi.aes at reaaonab.tc L.i.nles to i.nspect the Premises, Lo make repairs or alLeralions as needecl Lo Lhe Premises, to enforce Lhi.a Lease, or if there is any emergency. The Landlord may also place Lhe Premises on the market- for sale and show the Premises to prospective LenanLs and/or purchasers. SURREHDER OF THE PREMISES The Tenant agr.ece %•ri.Cll the Landlord that I:he 'foment: hnn received the Premises in good order and cond.i.ti.on. The Tenant agrees that at the exp.iraL.i.on of this Lease the 't'enant will deliver the Premises to the Landlord in as good an order and condition as when the Premises were received by the Tenant, with I:he exception of any damage caused by riot, fire, flood, incandiaviea, acts of (;ad or Lhe public enemy, ordinary wear and Lcar, and other causes beyond the Tenant's control. However, the Tenant: shall. be liable for any repairs resulting from negligent acts of Lhc 't'enant or any person who comes onto the Premises at the invitation of the Tenant. AL Cie end of the term of Lhis Lease, the entire Premises must be cleaned, the carpet cleaned, and the kitchen and bathrooms left ?. in the same cond.ttion as when the 't'enant took possession of Cite Premises. The 'miwi tt will have the opportuni.Ly Lo complete a 'T enall t Approval C'heck1is L" before Laki.ug possession of Lhe Prr_ml.r,e. At: t:h0 nn<t of Llv! Corm of. t:lii.s Lenne, nrCcr i.hn 'I',,nnnc hao removal i.LU propcrLy from Lite P[emi.nc_i, Lhe La?cllorcl shal.J. .inspect Lhe Prad.ses to cleto rtninc l.£ there has been any damage t:o Lhe Premioe:s. Any damage Lo Cite Premises caused by the TenallL shall be paid for by Lhe Tenant and deducted from the securiLy deposit:. The Landlord shall. account to the Tenant i.n writing for the unused portion of Lhe security deposit wi.thi.n 30 days following the end of Lhe Cerm of Lim Lease. The TenarlL (trust, IIUWCVeL', provide the Landlorcl with the 't'enant's forwardi.ny address. WASTE The Tenant agrees to keep the Premises in good condition. 11110 Tenant agrees to keep the Premises free and clear. of any Lypo of refuse, junk or other debris. The 't'enant agrees not to do or permit- any act or practice injurious to the Premises, any act which may be disturbing to the ol:her residents, any act which may effect the insurance on Lhe Premises, ov any act: which is conLrary Lo ally law. 't'he 'Tenant will. ho responsible for keeping all walks i.n and about Lhe Premises free of snow and ice. The Tenant: shall keep grasa and shrubbery cuL and Lrim med. The 'tenant shall. keep garbage in a tight conLainer in a place designated. The Tenant shalt place trash out: for pick up immediately before the scheduled service, The Tenant shall not allow garbage to lie loose or cans to be left open. PETS The Tenant agrees ghat there shall be no pets or, other animals, either domestic or oLherwise, ineLuding birds, kept- on Lhe premises. The Tenant further agrees not to per.mi.t such animals to visit Lhe Premises on a temporary basis. EX PIRATION 'tha '1'ellailt shall vacate the Premises at Lhe expiration of this Lease. If the Tenant rema.i.ns in Lhe Prenl.i.ses nft0r' Lhe Cet:mi.naCiun (late, the Tenant: shaIL become a tenant on a month-Lo-month basis, [n l:IlaL Case, l.he Lnndl0rrl may P rininnLr 1 hn L:nuc Ly yi.v.i.uy I:hc 'fenanL a 30 clay wr.i.l:Lan noL'.i.cu of Lor.m.i.nal:ion. l1nCi1 the Lease U; so terminated, the Tenant: shaLl occupy the Premises upon Chr; same terms and Conditions of this Lease as are effective immediately prior to the expiration of Lhe original Lease Lerm, DEFAULT If the Tenant fails to perform any term or condition of this Lease, or abandons Lhe premises, er becomes .insolvent, the 't'enant shall have breached this Lease. l;' Lhat happens, the L,andl.ord may do any of the followi.ng: a. Declare the rent for the remainder of Llle Lerin of Llte Lease Lo be immecliately due and payable. b. Terminate the Lease so Lhal- the Lease and Lhe Leans created hereby as well as the right, tltl.e and interest: of the Tenant under this Lease will cease and terminate and become nbsnluL'ely voi.rl w.il-houL any right on Lhe pare of the 'fenanL Lo save the forfeiLure of Lhe Lease by payment of any sum or by performance of any term, covenant or condition. The Landlord shall then be enuiLl.ed to recover damages in an amount- equal to the amount of the rent- and other charges that would have been paid by the 'tenant during the balance of the teem of the Lease, less the fair rental value of the Premises for., the balance of the term of the Lease. C. The Landlord may lease Lhe Premises or any part thereof 3 to other persons. WAIVER OF NOTICE The 't'enant hereby waives all right Lo legal uutice wherever provided by sLaLuLe or. common law and agrees that 5 days noLice of any proceeding Lo recover. possession in the event of any default at ally time shall be sufficient. EN'lIRE_ AGREEME11T This i.,ease conr,LituLes the sole undersL'anding of Lire Landlucd and the 't'enant. Any amendmenLs or additions to the Loasc shall be effective only when reduced to writing and signed by the Landlord and the 'tenant. This Lease also acknowledges the addition of Lhe Tenant Approval Checklist that accompanies this Lease. PERSONAL PROPERTY In addition to the real property as described herein including ippi..i.ancee, tile I,and.lord and tile '1'enanL- '1.1..90 agree Chat ccrtai.n i.Lenrs of personal properly will be left on tire Premises and may be used by tire Tenant during the term of this Gease. Pheae items are as follows: IN H1'1NESS MIEREOF, the Landlord and the 'Penant have executed this Lease as of Lhe day and year .indicated move, i.ntending Lo he legally bound hereby. HITNESS: LANDLORD: TENANT: JLA lam. ,I VERIFICATION 1, Valerie Fish, hereby verify that 1 am the Plaintiff in this action; that as such, 1 am authorized to make this verification; that I have read the foregoing Motion For Termination and Release of Escrow Under Supersedeas and to Strike Appeal; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. 1 understand that any false statements herein are made subject to penalties of 18 Pa.C.S. section 4904, relating to unswom falsification to authorities. Date: ' [ ©CA (qQC) V?-L '?' a VALERIE FISH BRIAN K. FISH and VALERIE FISH, Plaintiffs, V. LESLIE CORRIGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 99- 4732 CIVIL TERM CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFFS' MOTION FOR TERMINATION AND RELEASE OF ESCROW UNDER SUPERSEDEAS AND TO STRIKE APPEAL COMES NOW the defendant, Leslie Corrigan, by counsel, Philip C. Briganti, Esquire, Legal Services, Inc., and responds to Plaintiffs' Motion for Termination and Release of Escrow Under Supersedeas and to Strike Appeal, as follows: 1. Admitted. 2. Admitted in part and denied in part. Defendant admits that the lease provided for a term of two years, beginning on March 1, 1999, at a monthly rental of $650.00, payable on the first day of every month. Defendant denies that the lease continues through March 1, 1999, but avers that it continues through March 1, 2001. Defendant denies that the lease states that the rent is payable in advance. 3. Denied. Defendant denies that she has continually failed and refused to pay the rent due under the lease in a timely manner. Due to circumstances beyond her control, Defendant often was unable to pay the rent by the first of the month. However, all rent owing to Plaintiffs has been paid by Defendant, either directly to Plaintiffs or into escrow, and she currently owes Plaintiffs no back rent. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. Defendant denies that she has failed and refused to comply with the terms of the supersedeas by not paying the rent timely into escrow as required. Because she did not receive all of the child support payments to which she was entitled, and because of illness which caused her to miss work most of the month of August, Defendant was unable pay her September rent into escrow on September 1, 1999, but did make the payment on September 3, 1999. Moreover, for similar reasons, she was unable pay her October 1999 rent into escrow until October 8, 1999. However, all amounts due into the escrow account have been paid. 8. Denied. As set forth in Defendant's Answer to Plaintiffs' Complaint, which is incorporated herein by reference, Defendant has not continually breached the terms of the lease. 9. Denied. Defendant denies that she is using the appeal process to protect herself from abiding by the terms of the lease. Rather, she is utilizing the appeal process in an effort to retain her lawful right to continue occupying the rental premises, so that she and her family will have housing. NEW MATTER 10. Plaintiffs have not been harmed by the late payment of rent because, prior to the filing of the Motion in the instant matter, they did not apply to this Court for release of the rent from the escrow account, as they are allowed to do pursuant to Pa. R.C.P.D.J. No. 1008(B). Thus, the fact that the rent was paid to the Prothonotary several days late has been of no consequence to them. 1 1. It would be inequitable to terminate the supersedeas for such de minimis and inconsequential late payments of rent into escrow. All of the rent has been paid, and Plaintiffs suffered no hardship as a consequence of the late payments. Moreover, the defendant and her family, who have a very low income, would suffer significant hardships, including homelessness, if displaced from their residence. 12. Pennsylvania public policy, as reflected in Pa. R.C.P.D.J. No. 518, affords tenants who are delinquent in their rent payments the opportunity to avoid eviction by curing the default, even after the entry of a rent judgment and an order for possession. In accordance with this policy, the supersedeas should not be terminated, because Defendant has cured any default by paying all of the rent due into escrow. 13. This Court, as evidenced by the attached Order entered by the Honorable Harold E. Sheely, P.J., in a different eviction proceeding (see Exhibit "A"), has provided tenants who fall behind on their rent escrow payments a reasonable opportunity to cure their default before terminating the supersedeas. In the case at bar, the defendant's periods of lateness were very short, and all amounts due have been paid. 14. Terminating the supersedeas on such de minimis grounds would effectively deny the defendant a hearing on the merits of this eviction action, to which she has strong defenses. 15. Plaintiffs are not entitled to the rent money held in escrow because, as set forth in the Counterclaim filed by Defendant in the above-captioned matter, which is incorporated herein by reference, Plaintiffs have breached the implied warranty of habitability and the implied covenant of quiet enjoyment. WHEREFORE, Defendant respectfully requests that the relief requested by Plaintiffs be denied; that the supersedeas as to the district justice judgment for possession remain in effect; that the appeal not be stricken; and that the money deposited into escrow not be released to Plaintiffs. Respectfully submitted, Date: _/D`b`r" C . - P clip C. 99ganti Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pa 17013 (717) 243-9400 VERIFICATION The above-named defendant, Leslie Corrigan, verifies that the statements set forth in the foregoing pleading are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 P.S. §4904, relating to unswom falsification to authorities. Date: ?9 .Lee (cyi y?? Leslie Corrigan, Defendap JAMES TWIGG AND BETTY TWIGG, t/a STOUGH'S MOBILE HOME PARK, Plaintiffs\Petitioners V DAVID EAVEY AND KIM WATTS, Defendants\Respondents • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 3959 CIVIL 1992 ACTION IN EJECTMENT IN RE: PLAINTIFFS' PETITION TO TERMINA nvna BEFORE SBEELY P J ORDER OF COURT AND NOW, this '/.C- day of January, 1993, we hereby GRANT defendants twenty (20) days to pay $50.00 for each month in arrears for a total of $100.00 in accordance with Pa.R.C.P.J.P. 1008(b) and C.C.R.C.P. 357. Defendant paid part of the rent due but not all of each monthly rent payment. We find that the monthly amount due for the rent is $265.00. The language at the end of the lease is merely an itemization of the total monthly amount due. We order defendant to pay the entire $265.00 per month until the pending action is resolved. By the, Court, 4rod4E. Sheely, P.J. David W. DeLuca, Esquire For the Plaintiffs Philip Briganti, Esquire Legal Services for the Defendants :pbf EXHIBIT "A" "` CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certify that I am this day of October, 1999, serving the foregoing Defendant's Answer to Plaintiffs' Motion for Termination and Release of Escrow Under Supersedeas and to Strike Appeal, upon Damn C. Dinello, Esquire, 2405 Linglestown Road, Harrisburg, PA 17110, by first-class U. S. mail, postage prepaid. 16 4/4 114, 1 e,_ Philip C. riganti Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pa 17013 (717) 243-9400 C ..^) r; V?r J ::' ?'1' ?._ ";?' -]" . fa . 1 ? ? ? 1 L: iu' c u_ 2 _; c, ?Jt CJ VALERIE FISH, Plaintiffs, V. LESLIE CORRIGAN, Defendant IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY PENNSYLVANIA NO. 99- 4732 CIVIL TERM CIVIL ACTION - LAW r. DEFENDANT'S ANSWER TO PLAINTIFFS' MOTION FOR TERMINATION AND RELEASE OF ESCROW UNDER SUPER EDEAS AND TO STRIKE APPEAL COMES NOW the defendant, Leslie Corrigan, by counsel, Philip C. Brigand, Esquire, Legal Services, Inc., and responds to Plaintiffs' Motion for Termination and Release of Escrow Under Supersedeas and to Strike Appeal, as follows: 1. Admitted. 2. Admitted in part and denied in part. Defendant admits that the lease provided for a term of two years, beginning on March 1, 1999, at a monthly rental of $650.00, payable on the first day of every month. Defendant denies that the lease continues through March 1, 1999, but avers that it continues through March 1, 2001. Defendant denies that the lease states that the rent is payable in advance. 3. Denied. Defendant denies that she has continually failed and refused to pay the rent due under the lease in a timely manner. Due to circumstances beyond her control, Defendant often was unable to pay the rent by the first of the month. However, all rent owing to Plaintiffs has been paid by Defendant, either directly to Plaintiffs or into escrow, and she currently owes Plaintiffs no back rent. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. Defendant denies that she has failed and refused to comply with the terns of the supersedeas by not paying the rent timely into escrow as required. Because she did not receive all of the child support payments to which she was entitled, and because of illness which caused her to miss work most of the month of August, Defendant was unable pay her September rent into escrow on September 1, 1999, but did make the payment on September 3, 1999. Moreover, for similar reasons, she was unable pay her October 1999 rent into escrow until October 8, 1999. However, all amounts due into the escrow account have been paid. 8. Denied. As set forth in Defendant's Answer to Plaintiffs' Complaint, which is incorporated herein by reference, Defendant has not continually breached the terms of the lease. 9. Denied. Defendant denies that she is using the appeal process to protect herself from abiding by the terms of the lease. Rather, she is utilizing the appeal process in an effort to retain her lawful right to continue occupying the rental premises, so that she and her family will have housing. NEW MATTER 10. Plaintiffs have not been harmed by the late payment of rent because, prior to the filing of the Motion in the instant matter, they did not apply to this Court for release of the rent from the escrow account, as they are allowed to do pursuant to Pa. R.C.P.D.J. No. 1008(B). Thus, the fact that the rent was paid to the Prothonotary several days late has been of no consequence to them. 11. It would be inequitable to terminate the supersedeas for such S4 minimis and inconsequential late payments of rent into escrow. All of the rent has been paid, and Plaintiffs suffered no hardship as a consequence of the late payments. Moreover, the defendant and her family, who have a very low income, would suffer significant hardships, including homelessness, if displaced from their residence. 12. Pennsylvania public policy, as reflected in Pa. R.C.P.D.J. No. 518, affords tenants who are delinquent in their rent payments the opportunity to avoid eviction by curing the default, even after the entry of a rent judgment and an order for possession. In accordance with this policy, the supersedeas should not be terminated, because Defendant has cured any default by paying all of the rent due into escrow. 13. This Court, as evidenced by the attached Order entered by the Honorable Harold E. Sheely, P.J., in a different eviction proceeding (see Exhibit "A"), has provided tenants who fall behind on their rent escrow payments a reasonable opportunity to cure their default before terminating the supersedeas. In the case at bar, the defendant's periods of lateness were very short, and all amounts due have been paid. 14. Terminating the supersedeas on such de minimis grounds would effectively deny the defendant a hearing on the merits of this eviction action, to which she has strong defenses. 15. Plaintiffs are not entitled to the rent money held in escrow because, as set forth in the Counterclaim filed by Defendant in the above-captioned matter, which is incorporated herein by reference, Plaintiffs have breached the implied warranty of habitability and the implied covenant of quiet enjoyment. WHEREFORE, Defendant respectfully requests that the relief requested by Plaintiffs be denied; that the supersedeas as to the district justice judgment for possession remain in effect; that the appeal not be stricken; and that the money deposited into escrow not be released to Plaintiffs. Respectfully submitted, Date: ® p P 4C.ganti??- ttorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pa 17013 (717) 243-9400 The above-named defendant, Leslie Corrigan, verifies that the statements set forth in the foregoing pleading are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 P.S. §4904, relating to unworn falsification to authorities. Date: Leslie Corrigan, Defenda JAMBS TWIGG AND BETTY TWIGG, t/a STOUGS'S MOBILE HOME PARK, e Plaintiffs\Petitioners V DAVID EAVEY AND KIM WARTS, s Defendants\Respondents s IN TEE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 3959 CIVIL 1992 ACTION IN EJECTMENT BEFORE SEE='* Y P J ORDER OF q0=T AND NOW, this 17.W- day of January, 1993, we hereby GRANT defendants twenty (20) days to pay $50.00 for each month in arrears for a total of $100.00 in accordance with Pa.R.C.P.J.P. 1008(b) and C.C.R.C.P. 357. Defendant paid part of the rent due but not all of each monthly rent payment. We find that the monthly amount due for the rent is $265.00. The language at the end of the lease is merely an itemization of the total monthly amount due. We order defendant to pay the entire $265.00 per month until the pending action is resolved. By the, Court, H o d E. Shealy, P.J. David W. DeLuca, Enquire For the Plaintiffs Philip Briganti, Esquire Legal Services for the Defendants :pbf EXHIBIT "A" CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certify that I am this _Ff? day of October, 1999, serving the foregoing Defendant's Answer to Plaintiffs' Motion for Termination and Release of Escrow Under Supersedeas and to Strike Appeal, upon Darrin C. Dinello, Esquire, 2405 Linglestown Road, Harrisburg, PA 17110, by first-class U.S. mail, postage prepaid. Philip C. riganti Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pa 17013 (717) 243-9400 BRIAN K. FISH and : IN THE COURT OF COMMON PLEAS OF VALERIE FISH, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. LESLIE CORRIGAN, DEFENDANT 99-4732 CIVIL TERM ORDER OF COURT AND NOW, this 2 day of October, 1999, there being $1,300 in escrow at this point, the petition of plaintiffs for termination and release of the escrow under the supersedeas and to strike the appeal at this time, IS DENIED. By the Court, Edgar B. Darrin C. Dinello, Esquire For Plaintiffs Philip Briganti, Esquire For Defendant J. :saa ?,; . ?: ?, ;,., , J?? i ,; 1 •.? BRIAN K. FISH and IN THE COURT OF COMMON PLEAS OF VALERIE FISH, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. LESLIE CORRIGAN, DEFENDANT 99-4732 CIVIL TERM ORDER OF COURT AND NOW, this --4 (Sk_day of October, 1999, a Rule is entered against defendant to show cause why the relief requested should not be granted. Rule returnable ten (10) days after service. The prothonotary shall forward any answer to this Rule to chambers. By the Court, J. Darrin C. Dinello, Esquire For Plaintiffs Philip Briganti, Esquire For Defendant C'6e4.il 0?0? /ola0 l94• 'b -9 :saa CF r FtLFD-`?'x'?E ,11. J 990C120 AN 8:26 pENNSYLV,^.jj?U'M' Darrin C. Dinello Attorney at Law 2405 Linglestown Road Harrisburg, Pennsylvania 17110 OCT I Y uly4 BRIAN K. FISH VALERIE FISH, Plaintiff(s), VS. LESLIE CORRIGAN, Defendant AND ON THIS day of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99 - 4732 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER 1999, Plaintiffs, Request For Release Of Rent Monies Deposited In Escrow Pursuant To PA.R.C.D.J. 1008(B) is hereby granted. BY THE COURT: J. Distribution: Darrin C. Dinello, Esq., Attorney for Plaintiffs, 2405 Linglestown Road, Harrisburg, PA 17110 Philip Briganti, Esq., Attorney for Defendant, Legal Services, Inc., 8 Irvine Row, Carlisle, PA 17013 BRIAN K. FISH VALERIE FISH, Plaintiff(s), vs. LESLIE CORRIGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99 - 4732 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR RELEASE OF RENT MONIES DEPOSITED IN ESCROW PURSUANT TO PA R C P D J 1008(H) AND NOW come the Plaintiffs, Brian K. and Valerie Fish, by and through their attorney, Darrin C. Dinello, Esquire, files this request for Release of Rent Monies Deposited in Escrow and in support thereof avers as follows: 1. On or about March 1, 1999, Plaintiffs Brian and Valerie Fish leased Plaintiff's premises at 412 Third Street, New Cumberland, Pennsylvania, to the Defendant Leslie Corrigan under a residential lease agreement (herein the "Lease"), a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 2. The Lease provided for a term of two (2) years beginning March 1, 1999, and continuing through March 1, 1999, at the monthly rental of $650.00, payable in advance, on the I" day of every month. 3. On or about July 23, 1999, Plaintiffs filed with the District Justice for possession. 4. On or about August 4, 1999, the District Justice granted Plaintiffs possession. 1 S. On or about August 5, 1999, Defendant filed an appeal in this matter and a Supersedeas to the judgment for possession was issued. 6. On or about September 3, 1999, Defendant deposited $650.00 in escrow with the Prothonotary's Office representing the rent amount due to Plaintiffs for the month of September. 7. On or about October B, 1999, Defendant deposited $650.00 in escrow with the Prothonotary's Office representing the rent amount due to Plaintiffs for the month of October. S. Defendant has continuously enjoyed possession of the premises throughout this appeal process. 9. Plaintiffs have continued to comply with their requirements under the Lease. 10. Plaintiffs had been using the monthly rent income to satisfy the monthly mortgage payment for the residence. 11. Defendant has continued to breach the terms of the Lease by failing to pay the trash and sewer bill. 12. Plaintiffs have had to pay the trash and sewer bill with their own funds to prevent these payments from being delinquent. 13. Defendant has not reimbursed Plaintiffs for the payments made to date. 14. Failure of Plaintiffs to receive the monthly rent income will place an undue economic burden on Plaintiffs and their children. 15. Plaintiffs will continue to suffer economic hardship without the receipt of future monthly rent income. WHEREFORE, Plaintiffs respectfully request this Honorable Court to release the $1,300.00 in rent payments for September and October in addition 2 to any and all future rent payments Defendant places in escrow with the Prothonotary's office. Respectfully ?Submitted, Date: ?RII41::' D0, Esq. Attorney for Plaintiffs Supreme Court ID# 78157 2405 Linglestown Road Harrisburg, PA 17110 (717) 909-6730 3 EXHIBIT "A" LEASE This between i?Lwoa, so .La niadc Chis A-L / day of _I r iG^ alled L he Landlord" i -d_ 19951 u this Lease, an .i s ' wl;o ? _ ? -- wlto is caller the pellant" i.n Lh1s lease. LEASE 1'he Landlord hereby cram premises s to the known as Tenant Possessio L n of the e called Premises Lhe "Premises" in this Lease as I`h l p e immediate . a single-family residence, family L imlt d e Tenant w ill use tho o«ly for th children. u , . e to a adults The TcnanL ;111311 not ;use th e Tenant's or and p rpose, e re Pmises for ail nlawlul perfo[f ti rms le TenanL pays Lhe re nt p ro v id e all of, its d f a r in hi Landlord other ob liga t i on s promises to grant t and u nd e r s Lease e th this enjoyment o the Ten of Lhe Premises during the ter , e ant: peaceful and quiet m of this Lease. LEASE TERM The term of this Lease will begin on (?1 and expire on I M0, ? ?2nni ---?? 19 -1.11.1._. . . 1'te 't'enant wt 1]. pay Co the Landlord Clta LoLal annuA'1`-rest, of, ms (15U.C)o d o I Lars. The Tenant shal.l r:nc I,v it pay the total anttua',1 "`.•r ! I I )v __ _ ol l.a r u p it r month oil t:hc first clry of c ?c h moral h hegrnnLt] CIO, on .-1__C111n^,,,?1•`--- 19 --- h rc tl :Ihall he puid tic) tile L,ancuord at tho following a d d r 0130 : 1 •J l; ?r-r 0. L v C l?-LZc L?- 11 the renL i:] received by Lho I,andlot.-<I before the first day of the month, Lhc 1.,andLord shall give Lhc 'tenant a a _ CI (J.1, Lars credit on LLe renL clue. However, if the rent is noC received by the karldlorcl by the first day of Lhe month, the Tenant Will pay to Lhc 1,itllclLord a u' oo dollar lace charge for each clay that Lhe real: is unpaid after that date. SECURITY DEPOSIT The Tenant sha 1.1 pay the Landlord ? SG. Ga dollars at tile beginning of the Cer:r, of Lilts Lease as securi:Ly for the performance of. the 'tenant:'s u b 1. i. g a ti o it s uncler this Lease. If the 'tenant breaches .i.119 obligations uncler Lids Lease, Lhe security deposit may be Ieept by tte I.,ancllurd and applied Lowards the damayes incurred by Lhc Landlord as a result of the Tenant's breach. ALTERA'T'IONS The Tenant acJrecr not to make any a1.t:ar.a1-i.ono, add.i.L.ions, i.mprovenionts or oLhol: chclllyes Co any part of Cho prcmir,or without Lilt, prior written consent of the Landlord. If the Landlord gives tt:e consent, it: wi.l1 he with the understanding LhaL such additions, alterations or .impr'ovelllelILS shal.1 become the property of the Landlord at Lhe end of the term of this Lease. INDEMNIFICATION TlIe 't'enant shall pay Lhe Landlord for any loss or any li.ab.iliLy imposed upon the Landlord because of personal injuries or 1 property daulagu aris.tny [row Lhe, '1'e nan C'. rnanl: r; arr. oP '' I'hrp IYcmi r. •:c. hn 1.l ?l l.uu pa}• Lhu ed -1-3 ncl Lurc1 fur cuiy Lunn or 'I'Inn damage upuli Lhe l.on!]lord bec.•auna of pecsona.L .i.n'jurieollorlpz'lop? i-?y daaye causecJ by an yone or anything wh.icll Lite 'renauL allows Oil oL. in Lhe Premises. The 'Tenant shell also pay Lhe Landlord for any court costs or aLtor.neys' fees incurred by tile Landlord as a c'esuJ.C Of such injuries or damage. INSUMincE The Lancl.l.or'd wi.1.1_ obCai.n l C}• Lre m ises• if cas ua the Preuli.se. are claniae,eci .i',lcucranee co•?erclye f.or I:he covered by insurance, Lite Premises Will be erepairecdV c i.ansuue alL reasonable diligence by tile Land.lo['d. 1'he _nanL shall. v Cu pay rent, while tile damages are beilly repair. ed. L.f Lhe Premises Coll cannot be reasonably occupied by the 't'enant, Lien this ],ease shall terminate and Lite Tenant shall not be liable for any furiler real: after the Tenant ceases to occupy Hie Premises. 't'he 't'enant will obtain its own insurance coverage on any personal property contained w.i.thin Llce Premises. The 't'enant will also provide liability insurance to Lite Landlord with a minimum coverage amount of $50,000.00 per person and $300,000.00 per occurrence. REPAIRS The Landlord steal. l. be responsible for any and all re pa.i c'n Lo tile exter..ior of Lhe Prenl.i ses. The Lnndlo['d atile_eo Co he resPullsible for a.l.l r:epaira Lo Che t n L e o f th clud.iny the heatili fac.iliLies plumbing facilities, e Premises ifancilities, and a pliances. llowever,tile 'eantagrees toepayltile first dollars of all repairs within its unit. Also, if such repairs are due to negligence of the 't'enant or by anyone or anything which the 't'enant, allows on or in the Premises, then all of such repairs shall be performed at the expense of Lhe 11 tenant ASSIGNMENT T I I C 't'un aI IL Arum i.u 1-2 1] nut- I:rj aau lye, nullI .I. ,)1 1.1 1111111,121: posnesn.i.on ef. t:lle Promises to ally cL'her pcrsoll. UTILITIES The '.tenant will. pay for all clectr.ical service, telephone service, television cable serv.i.c:,, gas service, water, trash removal and kcal: .ae ACCESS DY LANDLORD The Landlord or any person auUmm ized by Lhe Landlord has Lhe right Lo enter Lhe Promises at: reasonable limes Lo .inspect Lhe Premises, Lo make repairs or alLeraLions as needed Lo the Premises, to enforce Lhi.s Lease, or if there is any emergency. The Landlord may also place the Premises on the market for sale and show Lilt'. Premises to prospective tenants and/or purchasers. SURRENDER OF THE PREMISES The Tenant agree: with the Landlord that the 't'enant has received Lhe Premises in good order and conditlon. The Tenant agrees LhaL at: Lhe exp.iraLlon of:I:hi.s Lease the Tenant will deliver the Premises to the Landlord in as good an order and condition as when the Premises were received by the 'fenanL, with the excepLion of any damage caused by riot, fire, flood, incendiaries, acts of trod or the public enemy, ordinary wear and tear, and other causes beyond the Tenant's control. However, the Tenant shall. be liable for any repairs resulting from negligent acts of the Tenant or any person who comes on Lo Lhe Premises at the .invitation of Lhe Tenant. AL- Lhe end of Lhe term of Lhis Lease, the entire Premises must be cleaned, the carpel cleaned, and the kiL•chen and bathrooms left 2 in tile same condition as when Lhe Tenant Look possession Premises. The Tunanl w of Clt ill have hc opporLUnS.LY Lo complete e "'t'enant Approval Check1isL" befoL're Lal:i.ng posscssion of L110 1'r c!m i. n on. AC Lh„ and riF A tin Anrm n( Ali i:o Lnnn !, ,if I !I LIm '1'e n.r a P. has removed i.La In-otrc rcy from Cnu Premi.s es, L I I to Landlord IA ha 1. J. inspect- Lhe Premises to deLCrm.i.ne if there has been any damage Lo Lhe Premises. Any rla Inirge Lo Chu Prmn.is ec ca It socl by Lhc Tu I I a I I L shall be paid for by Lhc 'fenanL and deducted front the security deposit.. The Landlord shall account to the Tonant in writing for the unused portion of Lhe security deposit within 30 days following the end of the Lerm of Lhe Lease. The TellanL IrrusL, however, provide the Landlord with Lhc Tenant's forwar'di.ng address. WASTE The Tenant agrees to keep Lhe Premises in good condition. 'T'ile 'T'enant agrees to keep the Premises free and clear. of any type of refuse, junk or other debris. 'T'he Tenant agrees not to do or permit any act or practice .i.njuricus to the Premises, any act which may be disturbing to the other residellLs, any act which may effect the insurance on Lhe Promises, or any act which is conLrary to ally law. The 't'enant will. be responsible for keeping all walks in and about Lhe Premises free of snow and ice. The 'fenanL shall keep grass and shrubbery cut: and trimmed. The 'T'enant shall. keep garbage In a tight conLai.ner in a place designated. The Tenant shall place trash out for pick up immediaLely before the scheduled servi.co. The 'T'enant shall not allow garbage to lie loose or cans to be left open. PETS The Tenant agrees Chat Lhere shall be no Pets or other animals, either domestic or otherwise, .i.lic•Tudi.ng birds, kept on the Premises. The Tenant: further agrees not to permit such animals Lo visit the Premises on a temporary basis. Ex"RA,lIOR The 'T'enant shall vacate the Premises at the expiration of this Lease. If the 'pellant remains in the Premises after the terminatiun date, the Tenant shall become a tunanL on a monLh-to-month basis. In that case, the Landlord may ?'??rminnl.e i.hn Lauua by yiviny the Tenant a 30 day on.i.LLan notice of. Lermi.naLi.on. Until the Lease i.s so terminated, the 'I'enanL shall occupy the Prcmn'sus upon the same terms and conditions of this tease as are effective immediately prior to the expiration of the original Lease term. DEFAULT If the Tenant fails to perform any term or condition of this Lease, or abandons the Premises, or becomes insolvent, the Tenant: shall have breached this Lease. If that: happens, the Landlord may do ally of the following: a. Declare the rent for the remainder of the term of the Lease to be immediately due and payable. I>• 'T'erminate the Lease so that the Lease and the terms created hereby as well as the right, title and interest of the Tenant under this Lease will cease and terminate and become absolutely void without any right on the part of the 'tenant: to save the forfeiture of the Lease by payment of any sum or by performance of any terns, covenant: or condition. The Landlord shall then be entitled to recover damages in an amount equal to the amount of the rent and other charges that would have been paid by the TLlant during the balance of the term of the Lease, less the fair rental value of Lhe Premises for the balance of the term of the Lease. C. The Landlord may lease the Premises or any part thereof 3 to other pereonS. WAIVER OF NOTICE The 't'enant hereby waives all right to legal notice wherever provided by statute or common law and agrees that 5 days notice of any proceeding to recover possession in the evenC of any default at any time shall be sufficient. ENTIRE AOREEMEN'1' This Lease conr,Li.tute. the nol.e understand.i.m 1 or Ule l,ant.llord and the Tenant. Any amendments or additions to the Lease shall be effective only when reduced to writing and signed by the Landlord and the 't'enant. This Lease also acknowledges the addition of the Tenant- Approval Checklist that accompanies this Lease. PERSONAL PROPERTY In addition to the real property as described herein including appliances, the Landlord and the Tenant also agree that certain items of personal property will be left on the Premises and may be used by the Tenant during the term of this Lease. 'Phese items are as follows: i.H WITNESS MIEREOF, the Landlord and the Tenant have executed this Leane ac of the day and year indicated above, Intending to be legally bound hereby. HITNESS: LANDLORD: TENANT: l 9ciR _C,• ? !'?s?i?-? - ?A . QCT-15-99 FR1 09:14 AM FMSO CODE 975 FAX NO. 717+7905555 P. 01 Oct 15 99 091 59a William Penn Settlement - 717-909-8923 P,4 1, Valerie Fish, hereby verify that 1 am one of the Plaintiffs in this action; that as such, I am authorized to make this verification; that I have read the foregoing Request rot Release of Rent Monies Deposited in Escrow; and that the facts stated therein ate true and correct to the best of my knowledge, information and belief- I understand OAT any false statements herein are made subject to penalties of is Pa.C.S. section 4904, relating to unswom falsification to authorities. Dare: I () - I S - C-lq UC? l,1 •c%I t+ w? VALERIE FISH CERTIFICATE OF SERVICE I hereby certify that ! have this day served a true and correct copy of the foregoing document by mailing a copy, postage prepaid, addressed to: Philip Briganti, Esquire Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 / Date: qY 3::' / Dmel! , squire 2405 Linglestown Road Harrisburg, PA 17110 (717) 909-6730 71 L11? . C." l . L.! Darrin C. Dinello Attorney at Law 2405 Linglestown Road Harrisburg, Pennsylvania 17110 BRIAN K. FISH VALERIE FISH, Plaintiff(s), Va. LESLIE CORRIGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99 - 4732 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of 1999, upon __u 1 consideration of Plaintiffs, motion, it is hereby ORDERED that the rule which was issued on Defendant Leslie Corrigan in the above-captioned matter on October 19, 1999, to show cause why the rent monies deposited in escrow should not be released to Plaintiffs, is made absolute and that Plaintiffs, request for relief is GRANTED. THE Distribution: F1? Darrin C. Dinello, Esq., Attorney for Plaintiffs, 2405 Linglestown Road, Harrisburg, PA 17110 Philip Briganti, Esq., Attorney for Defendant, Legal Services, Inc., a Irvine Row, Carlisle, PA 17013 r- ` ? __? ,. 4?r ? uo: ?j' ` L` L? ,_ I ?- i:. .._ ?? ... __. 1 BRIAN K. FISH IN THE COURT OF COMMON PLEAS OF VALERIE FISH, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s), 99 - 4732 CIVIL TERM vs. CIVIL ACTION - LAW LESLIE CORRIGAN, JURY TRIAL DEMANDED Defendant PLAINTIFFS' MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND NOW come the Plaintiffs, Brian K. and Valerie Fish, by and through their attorney, Darrin C. Dinello, Esquire, and file the following Motion To Make Rule To Show Cause Absolute: 1. Plaintiffs Brian K. and Valerie Fish filed a Request For Release of Rent Monies Deposited In Escrow Pursuant To Pa. R.C.P.D.J. 1008(8) with this Honorable Court on October 15, 1999. 2. On October 19, 1999, this Honorable Court issued a rule on Defendant Leslie Corrigan to show cause why Plaintiffs requested relief should not be granted, returnable ten (10) days after service. 3. On October 19, 1999, a copy of the rule to show cause was served on Defendant's Counsel, Philip Briganti, Esquire by regular mail. 4. On October 28, 1999, Defendant's Counsel related to Plaintiff's Counsel, Darrin C. Dinello, Esquire, that the Defendant was not opposing the Plaintiffs' request for relief and that Defendant was not going to file an answer to the rule to show cause. 5. Defendant has failed to answer Plaintiffs' petition to date. 1 WHEREFORE, Plaintiffs respectfully request this Honorable Court to make the rule to show cause absolute and grant the request for release of rent monies deposited in escrow. Plaintiffs further request that all future rent monies deposited in escrow be released to Plaintiffs until final disposition of this matter. Date: // _ /- 7 q Respectfully Submitted, DARRIN C. NELLO Attorney for Plaintiffs Supreme Court ID# 78157 2405 Linglestown Road Harrisburg, PA 17110 (717) 909-6730 2 CERTIFICATE OR SERVICE I hereby certify that I have this day served a lnw and correct copy of the foregoing document by mailing a copy, postage prepaid, addressed to: Philip Briganti, Esquire Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 Date: U - /- 9 9 Darren C. Dinel squire 2405 Linglestown Road Harrisburg, PA 17110 (717) 909-6730 14054711101999 PYS405 Cumbe rland County Prothonotar 's Office Pa e 1 Manual Release Check Register 11 /10/1999 Distribution Ca se No Accounting Amount Date Release --------------- 3740 DINELLO ------ DARRIN ----- C ----------------------------------- Check Date: 11/10/1999 ----------- Check No. -------- : 1146 RENT RENT 1999- 1999- 04732 04732 PYMT/CASH PYMT/CASH 650.00 65000 . 9/03/1999 10/08/1999 RENT 1999- 04732 PYMT/MONEY ODR 650 .00 10/22/1999 --------------- ------ ----- Payee total: --------------------- 1950.00 ------ Grand total: --------- 1,950.00 ---------- -------- Lawrence J. Newry Attorney at Law a r 108-112 Walau' "keet Harrisburg, PA 17101 (717) 238.4798 BRIAN K. FISH, IN THE COURT OF COMMON PLEAS VALERIE FISH CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 99 - 4732 CIVIL TERM LESLIE CORRIGAN, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED JOINT PRAECIPE To the Prothonotary: Please withdraw my appearance on behalf of the Plaintiffs, Brian K. Fish and Valerie Fish. Date: # - 5 I I . Darrin C. D'R squire Please enter my appearance on behalf of the Plaintiffs, Brian K. Fish and Valerie Fish. Date: J.,Nory, Esqu 108-112 WXnut Street Harrisburg PA 17101 (717) 238-4798 (717) 238-4793 - Telecopier PA I.D. No. 25827 CERTIFICATE OF SERVICE 1, Lawrence J. Neary, Esquire, attorney for the Plaintiffs, hereby certify that I have on the date shown below served a copy of the foregoing Joint Praecipe to the person(s) and in the manner indicated below: UNITED STATES FIRST CLASS MAIL, POSTAGE PREPAID Darrin C. Dinello, Esquire 2405 Linglestown Road Harrisburg, PA 17110 Brian K. and Valerie Fish 426 Mumper Lane Dillsburg, PA 17019 Philip Briganti, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 Date: Respectfully Submitted, Attney for Pyt intiffs 108-112 Wal t Street Harrisburg PA 17101 (717) 238-4798 (717) 238-4793 - Fax PA I.D. No. 25827 uire Y =? a', h:' .. c> ?.. [_- c=i?. c+ ?i?' ._ WI L. 1 U-?, (". ?_.. .? ['i CJ i ? _) BRIAN K. FISH and VALERIE FISH, PLAINTIFFS V. LESLIE CORRIGAN, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4732 CIVIL TERM PRAECIPE To The Prothonotary: Per the Order signed on November 4th, 1999, it is requested that all rent monies deposited in escrow be released to the Plaintiffs, Brian and Valerie Fish, 426 Mumper Lane, Dillsburg, PA 17019. Date: /01 •/- 9 9 BRIAN K. FISH VALERIE A. FISH L V 7 ]y 1 ' I= C: Gi p? U BRIAN K. FISH and VALERIE FISH, PLAINTIFFS V. LESLIE CORRIGAN, DEFENDANT To The Prothonotary: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4732 CIVIL TERM PRAECIPE Per the Order Signed on November 4", 1999, it is requested that all rent monies deposited in escrow be released to the Plaintiffs, Brian and Valerie Fish, 426 Mumper Lane, Dillsburg, PA 17019. Date: -S-GU BRIAN K. FISH VALERIE A. FISH O # O O 0 09335501112000 Cumberland County Prothonotary's Office Page 1 PYS40`5., Manual Release Check Register 1/11/2000 N Distribution Case No Accountin Escrow 4 Amount Date Release ------------ ----- ----- 3741 FISH BRIAN ti VALERIE _ _ _ __ _ ------------- Check _ Date: 01/11/2000 -- Check - No.: --- 1158 RENT 1999- 04732 PYMT/MONEY ODR 650.00 12/21/1999 Payee total: 650.00 ------------------------------------------------ Grand total: 650.00 ,13/.4A) K. ,C/s,U a -. d VA«•P/c 4G-7x41 - X0/1/1/ 6.QnI ) G?{crdle.?f In The Court of Common Pleas of Cumberland County, ?ennsylvania No.--?-5P T V732 C,-yl4 19 _ ('1011- XC710tl - GA//+J 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 Common- wealth and chat we will discharge the duties 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.) OA f IGi9?iTTS • L/J.+..O?6aw.? 'Gl? Y"/•Ca/ <K Y'G"LbI oT rN.C' II4 r.•.1?lY?T ? /?JT /?vlvwd6 :? ,IVV ?pas?s?7ssiati alic Yle 0,-e uvs- ai 5-'22 9,-tJ ,Lto. G.cc?,w r?vo? e{ ?c4..?' a«? 6sti•;t7? /?/ma?.{+? an ?i'trx?r S1[-.?1! ?- dti / ?eNdcri `s L°e e c?a:? Ale d /w ?ava? of A&i/.iW 4"g/ Gfv~,.sr? ?,t applicable.) Arbitrator, dissents. (Insert name if Date of Hearing: /-S- ?000 Date of Award: /-s eZOd0 // NOTICE OF ENTRY OF AWARD Now, theL--x4day of J?? 2y ;gam at/2'I/ the above award was entered upon the docket and notice thereof given by mail to the parties or their attornevs. Arbitrators' compensation to be / paid upon appeal: 7 eh eary Deputy v ccl?y j ?i?r%P Jh a( v /J ? ?1 ( 23-29/.PG//