HomeMy WebLinkAbout03-3676COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. DJ
NOTICE OFAPPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the
District Justice on the date and in the case mentioned below.
NAME OF APPELLANT
ADDRESS OF APPELLANT
P,O, 35'1
DATE OF JUDGMENT [ IN THE CASE OF (PLAINTIFF)
CV YEAR
LT YEAR
CITY STATE ZIP CODE
(DEFENDANT)
SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT
This block will be signed ONLY when this notation is required under PA.
R.C.P.J.P. No. 1008B.
This notice of Appeal, when received by the District Justice, will operate as
A SUPERSEDEAS to the Judgment for possession in this case.
If appellant was Claimant (see PA R.C.P.J.P.
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.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAEClPE: To Prothonotary
Enter rule upon '-~ ~''j c~c0r~
(Common Pleas No. 0.~ ~ .J~, '~'~
RULE: To Sk~JCO~l ~:~r'l
Name of appeflee(s)
Name of appellee(s)
appellee(s), to file a complaint in this appeal
) within twenty (20) days after service of rule or suffer enlry of judgment of non pros.
Signature of appellant or hi~/~ttorney or agent
, appellee(s)
(2)
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 or by certified or registered mail.
If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU
UPON PRAECIPE.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: ~/J7 .ilo ,~ear~20¢'~-t~
Signature of Prothonotary (~r DePuty
White - Prothonotary Copy
Green - Court File Copy
Yellow - Appelant's Copy
Pink Appellee Copy
Gold - D.J. Copy
Proth. - 76
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER firing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby swear or affirm that I served
[] a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) , year . [] by personal service [] by (certifieg) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name , on
, year , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto.
]and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to
whom the Rule was addressed on , year , [] by personal s~rvice [] by (certified) (registered)
mail, sender's receipt attached hereto,
SWORN
THIS
AFFIRMED) AND SUBSCRIBED BEFORE ME
DAY OF , YEAR
My commission expires on
, year
Signature of Affiant
A~ORN~Y FOR DEFENDANT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND PLAINT'-F/JUDGM CJ~g-c:ASEIF ENrObBTOR
Mag. Dist. NO.: NAME and ADDRESS
09-2-01 ~CURL, SHARON
DJName: Hon, 1000-A ~0 DRI~
PA~ P. ~ ~C~ICSB~G, PA ~7055~
Address: i ~OUSE SQU~E L *(
~ISLE, PA . VS.
DEFENDANT/JUDGMENT C~ITOR:
Te~e,ho~e: (717) 240--6564 17013--0000 UAUSTIN, ROBEKT ~ ~
P.O. BOX 351
: ~ISLE, PA 17013
L
DANIEL D. WORLEY
28 S PITT ST
CARLISLE, PA 17013
NOTICE OF JUDGMENT/TRANSCRIPT
Docket No.: CV'-0000137-03
Date Filed: 5/22/03
CROSS COMPLA NT 001
TI~S ~S TO NOTIFY YOU THAT:
~ Judgment was entered for: (Name) C~T,,
~ Judgment was enteree agmns[: (Name)
in the amount of $
0'71 . 00 on: (Date of Judgment) '7/01/o~
] Defendants are jointly and severally liable.
] Damages will be assessed on:
---1 This case dismissed without Prejudice.
Amount of Judgment Subject to
[~ Attachment/Act 5 of 1996 $
Date & Time)
Amount of Judgment $ 5,000.00
Judgment Costs $ 71.00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 5,0'71.00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
:AN~AF~TY ~` A~ ~-~F-R~GMT ~Q~PPF~AL~W~TM~N:3~ DA Y~s iAFTEF~ TH~E EN7~RY` ~F JUDGMENT BY F~L~NG A N~T~cE
OF APPEAL WITH THE PROTHONOTARY CI~ERK OF THE COUIRT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY SE ISSUED BY THE DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
7-1-03 Date ( ...~'~ ~.~...~
.... ~,~ ~ ~- ~* ~.
ert,f that th,s ,s a true
7-1-03 D %. ,, ,.{~¢OJ~nct.~t~e
......
My commission exp~ first Monday of January, 2 006 .
AOPC 315-03 DATE PRI~ED = 7/03/03 8=~1:27
Postage
Certified Fee
Return Reciept Fee
(Endorsement Sequired)
C;3 Restricted Delivery Fee
(Endorsement Required)
C3
$1,75
$ $,(.. 42
0013
14 Postmark
1
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service ~iJ:' BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSY~ VANIA
COUNTY OF /__.. f~ P~JF :
AFFIDAVIT: I hereby swear or affirm that I served
a copy of the Notice of A~peal, Common Pleas No. 9}- ~7~'
(date of service) ZJ,5~ ~E 1_, ,years~OO~ j}, ~bype~{s~y~}~mail, s~der's
r~eipt attach~ hereto and upon the a~pellee; (name; ~ ~orO~ ~ 0~ . , t,-, ' """ ' , on
~ ~v%~_ . year ~.00~ , ~ by ~rsona se~ ce ~by (ce~,f,~) (r~lster~) mail, se~er s r~ pt aRach~ h~o.
~and fudher that I serwu the Rule to File a Compl~nt accompanying the above Notice of A~ u~ the appall(s) to ,
whom the Rule was adcress~ on__~ ~ __ , year ~00~ , ~ by pemonal s~Wice ~ by (ce~ified~ (~d)
mail, sender's receipt a[lachod heleto.
SWORN (AFFIRMED) AND SUltSCRIBED BEFORE ME
· THIS DAYOF /~ "(L~ YEAR
Notari~i Se~
Robert J. Muldedg Notary Publio
Carlisle Bore Cu~bedand Coualy
My camml.lon ~.X.Prl. r.e.! NOV, 13, 2004
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM /. ~.i~.
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. (?_~-~,[,.?'~, ~,.(
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the
District Justice on the date and in the case mentioned below.
NAME OF APPELLANT
CLAIMNO. CV YEAR
LT YEAR
CITY
MAG. DIST. NO. OR NAME OF D.J.
STATE
(DEFENDANT)
IT. n
SIGNATURE OF APPELLANT OR HIS ATTORNEy OR AGENT
This block will be signed ONLY when this notation is required under PA.
R.C.P.J.P. No. 1008B,
This notice of Appeal, when received by the District Justice, will operate as
A SUPERSEDEAS to the Judgment for possession in this case.
ZIP CODE
If appellant was Claimant (see PA R.C.P.J.P.
No. 1001(6)) in action before dist, r, ict 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.C,P.J,P. 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
(Common Pleas No. 03
RULE:
Name of appellee(s)
~_~c,r I ___. appellee(s), to file a complaint in this appeal
Name of appellee(s)
) within twenty (20) days after service of rule or suffer enJry of judgment of non pros.
Signature of appellant or his/~ttorne~or agent
, appellee(s) ,
(1)
(2)
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 or by certified or registered mail.
If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU
UPON PRAECIPE.
Date:
(3) The date of service of this rule if service was by mail is the date of the mailing.
(~, ~.~ ~'2'I) , Year
/ - / ! / ,~gr~k~rre'o¢-prothon~t~ry o;~ Deputy
White - Prothonotary Copy
Green - Court File Copy
Yellow - Appelant's Copy
Pink - Appellee Copy
Gold - D.J. Copy
Proth. - 76
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
SHARON CURL
VS.
ROBERT AUSTIN
Plaintiff
Defendant
NO. 03-3676 CIVIL TERM
CIVIL ACTION - LAW
IN CONTRACT
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance, personally or by attorney, and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013-3302
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
SHARON CURL
VS.
ROBERT AUSTIN
Plaintiff
Defendant
NO. 03-3676 CIVIL TERM
CIVIl_, ACTION - LAW
IN CONTRACT
COMPLAINT
AND NOW, this day of August, 2003, comes the Plaintiff Sharon Curl, by her attorney, Diane
G. Radcliff, Esquire, and files this Complaint against the above named Defendant, whereof the
following is a statement:
1. The Plaintiff is Sharon Curl, and adult individual residing at 1000A.
Mechanicsburg, Cumberland County, PA 17055,
Otto Drive,
Defendant is Robert Austin, an adult individual residing; at P.O. Box 351, Carlisle, PA 17013.
At all time herein relevant the Plaintiff, Sharon Curl, was the owner of the real estate known
and numbered as 11 South Pitt Street, Carlisle Cumberland County, PA 17013.
On or about September 5, 1998, Plaintiff and Defendant entered into a Lease Agreement
wherein Defendant agreed to lease from Plaintiff the basement apartment of 11 South Pitt
Street, Carlisle, PA 17013. A true and correct copy of the Lease is attached hereto, marked
Exhibit "A" and made a part hereof.
5. On February 4, 1998, the aforesaid Lease converted to a month to month lease.
6. The following are the pertinent provisions of the Lease:
The rent in the original Lease was $320.00. Commencing with the month of May
2001 the rent payable under the Lease increased to the rent of $350.00 per month.
If the rent was not paid within 2 days of its due date (being by the 7th of the month)
there was an one time late charge of $40.00 due and payable by Tenant.
If the rent was not paid within 2 days of its due date (being by the 7~ of the month)
there was an additional $4.50 per day late fee charge until the rent was paid due and
payable by Tenant.
Defendant was required to give written notice of termination of the Lease before the
end of the month, which notice was to be effective as of the end of the next month.
Failure to give such notice or not completing the Lease Term resulted in forfeiture of
the security deposit.
Defendant is to pay for any damages, carpet cleaning, general cleaning and all other
obligations under the Lease not covered by the :security deposit;
Tenant was to restore the Leased Premises to the same good order and condition
which it was at the time the Lease commenced., and if Tenant failed to do so,
Landlord could restore the premises and collect: the same from Tenant as additional
rent.
Landlord had the right to dispose of all o f Tenant's property remaining on the
premises after Tenant vacated the Leased Preraises and to charge Tenant for such
removal without any liability to account to Tenant for the value received for the items
disposed.
Landlord may assess Tenant for all reasonable attorneys fees and costs incurred by
Landlord in enforcing Landlord's rights under the Lease, including but not limited to
all attorneys fees and costs incurred by Landlord is securing Tenant's removal from
the Leased Premises and in securing payment of all sums due Landlord under the
Lease, in which event tenant specifically agreed to pay such attorneys fees and costs.
- 2 -
7. Defendant vacated the Leased Premises on or about April 12, 2003, without the prior
advance notice to Plaintiff required by the terms of the Lease.
8. Defendant failed to pay the rent for the months of April and May, 2003.
9. Defendant failed to pay the late fees due and owing under the Lease as set forth the in
document entitled "Calculation of Late Fees, a true antd correct copy of which is attached
hereto, marked Exhibit "B" and made a part hereof.
10. Defendant damaged the Leased Premises as set forth in the Invoices and Receipts attached
hereto, collectively marked Exhibit "C" and made a part hereof.
11. The Defendant breached the terms of the Lease in that:
A. He failed to pay rent for the months of April and May of 2003;
B. He failed to pay the late charges set forth the in document entitled "Calculation of
Late Fees", a true and correct copy of which is attached hereto, marked Exhibit "B"
and made a part hereof.
C. He vacated the Leased Premises without prior advance notice to Plaintiff;
D. He failed to properly clean the Leased Premises upon vacating as required by the
Lease;
E. He failed to restore the Leased Premises to ~Ihe same condition as it was at the
commencement of the Lease and as repaired tl~tereafter
F. He damaged the Leased Premises as set forth in the Invoices and Receipts attached
hereto, collectively marked Exhibit "C" and made a part hereof and failed to pay for
such damages.
12. As the result of Defendant's breach of the Lease, Defendant owes Plaintiff the amount of at
least $7,804.77 and costs of suit as set forth on the document marked "Calculation to Total
Amount Claimed by Landlord" a tree and correct copy of which is attached hereto, marked
Exhibit "D" and made a part hereof.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgement in favor
of Plaintiff and against Defendant in the amount of $7,804.77 together with costs of suit.
Respectfully submitted,
~ G~P~ADCLIFF, ESQUIRE
3448 Trim.die Road
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for' Plaintiff
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworu falsification to authorities.
SHARON CURL ( ~..
Date: ,5~.'-/?"
CERTIFICATE OF SERVICE
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify t]hat on ~ I served
a true and correct copy of the foregoing Complaint upon Defendant's Attorney, by mailing same
by first class mail, postage prepaid, addressed as follows:
Daniel D. Worley, Esquire
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
Respectfully submitted,
p~--E.~8 ~adG: RA'~I~CLIFF, ESQUIRE~. (
Camp~"~till, PA 17011
Phone: (717) 737-(}100
Fax: (717) 975-0697
Supreme Court ID # 32112
EXHIBIT "A"
LEASE
· RESIDENTIAL LEASE AGREEMENT
Thi~ L,Da~ ~gr~m~nt m~d~ 'hhi~ ~th day of ~.o~t~mhor, 1~ by ~n~
between Sharon Curl, as agenu for Landlord (hereafter "Landlord") and
~obe~t Austin and Robin B~rd (hereafter '~Tenant"). Parties agree as
foliow~:
AGREE~NT TO LEASE. Landlord agrees to rent to Tenant and Tenant
agrees to rent from Landlord, 'the property known as Apt. 6, ]1 S. Pitt
Street. Carlisle, PA 17013 c. onsis~ing of a one bedroom apartment. The
lease term will begin on September ~, 1998 and ends on February ~, 1999.
RENT. Tenant shall pay to Landlord weekly rental payments of $85.00 per
week due on every Friday of each week or Tenant may make monthly rent
payments of $320.00 per month due in advance on the 4th day of each month,
for a total lease payment of 82,040.00. (Post-dated checks will not be
accepted). First week's rent of $85.00 is due on 9/4/98 and Security
deposit of $320.00 is due on 9/4/98. If Tenant does not move into
apartment by 9/8/98 and/or does no~ honor lease 'then lease is terminated
without further notice and first week's rent and security deposit sh;~ii be
forfeited as damages and for costs 'to re-rent premises. Rent shall be paid
by Tenant to Landlord at: Sharon Curl, 1000A Otte Drive, MechanicsburG, PA
1705S Phone No. 691-8634.
~TS. If Tenant/does not pay any monthly rental payment within
two (2) days following the date it is due then additional charge of $40
shall be charged to Tenant. If rent remains unpaid after two days, %hen a
fee of $4.50 per day will be charged beginning on the 3rd day. Payment of
rent shall be deemed to occur upon Landlord's reoeipt and not on date rent
is lt~ailed. Tenant must mail rent in sufficient time to be received by due
date. Any late payments will be made part of Tenant's rent payment
history.
TURNED C ECS. Tenant shall be charged $25.00 for each check that is
returned to Landlord for lack of sufficient funds or any other reason.
Check must be made good within 48 hours after Tenant is noti[ied. Landlord
wil} not redeposit retur~led checks. Returned checks will be~considered
late rent and no d",.scount for that month can be taken. Landlord has the
right to require tenant to pay future rent by certified check, money order
oz' bank cashier's check if more than one rent check bounces during the
lease term.
RENE~IAL TER~/S. After after above term expires, this Lease Agreement
renews automatically for 30 day intervals until 30 days written notice is
1 Tenant's inilJals X//~ /~
EXHIBIT I
given by either party or a new lease is isssuec[. No lease will go
month-to-month af, ter September 1. Failure to give a 30. day written notice
or not completing the lease term will result iI~. forfeiture of the security
deposit. The 30 day written termination notice must be given on or before
the end of the 30 day remtal period and will be effective to terminate this
agreement as of the end of the following 30 day rental period. Tenant may
renew this Agreement for one year and at the prevailing market rent for the
property. The rental payments shall not be reduced or prorated if Tenant
vaca~es (leaves) the premises prior to the end of the lease term, or if
Tenant leaves in the middle of any lease month occurring after termination
of this lease~ unless Landlord agrees to such reduction.
HOLDOVER. If Tenant does not vacate the leased property at the end of
the lease, or earlier termination thereof, Tenant shall be required to pay
Landlord for occupancy of the premises, the amount of $420.00 per month
until Tenant vacates and surrenders the property to Landlord. This
occupancy charge and the Landlord's acceptance of payment thereof, shall
not constitute a renewal of this lease, but rather is the eharge to be paid
by Tenant to Landlord as the result of Tenant'e wrongful holdover.
S TY DEPOSIT. Tenant shall pay Landlord a security deposit of
$320.00. This security deposit is made ~o cover cleaning of premises upon
termination of this lease at an agreed upon price of $125 (refundable at
discretion of Landlord) and any damages to the premises occurring during
Tenant's occupancy. It is not to be used by Tenant as payment of any rent.
In the event this lease term is longer than 'two (2) years or in the event
the Tenant rightfully occupies 'the leased premises in excess of two (2)
years, at the end of the second lease year Landlord shall be required to
pay Tenant interest on the security deposit at the rate of four (4%)
percent per year cou~nencing on the first day of ~he third year Tenant
occupies the premises with Landlord's consent. A two I2%) percent per year
administration fee, which adminstration fee shall be paid to and retained
by landlord. This results in Tenant receiving interest on the security
deposit of ~w'o (2%) percent per year. Tenant hereby waives any right to a
greater interest rate and all rights to require Landlord to deposit funds
into an interest bearing account.
RE~UP~' OF S~CURITY DEPOSIT. Within thirty (30) days of Tenant
vacating the property and surrendering all keys to Landlord and Tenant
provLding Landlord with written no~ice of Tenant's new address, Landlord
shall provide Tenant with a written list of all damages (if any) to the
property and the estimated costs of repair and shall refund to Tenant the
di£ference between the security deposit minus the cleaning fee of $125 (if
necessary) minus the estimate repair costs for damages; however, Landlord
shall not be required to refund any such excess if any rents or utilities
remain outstanding as of the date said refund is due. In whioh event
Landlord shall be entitled to apply this excess to any outstanding rent or
utilities. Landlord's obligations under this paragraph are conditioned
Tenant's i. itials
upon Tenant providing Landlord written notification of Tenant's new
address.
OCCUPANTS. The only persons allowed to occupy the leased property are
the Tenant and no other party. (2 ocoupants only) No additional occupants
are permitted. For the purpose of this paragraph, additional occupant is
considered to be any individual residing at the leased premises for more
than 2 days. In such case, an additional charge of $15 per week per
occupant will be charged and paid by Tenant.
DELIVERY OF PREMISES. Tenant has examined the premises, including
appliances, fixtures, carpets, drapes and paint and have found them to be
in good, safe and clean condition and repair. Tenant is leasing premises
in its present condition. Landlord being under no duty to make
improvements or alterations hereafter. Ail imperfections in the premises
are set forth on a listing attached to this lease. This listing is
aoknowledged by Landlord and Tenant and is attaohed for the sole purpose of
listing imperfections only -prior to beginning of Tenant's occupancy and
for determining any damages to the premises caused by Tenant during this
lease. Tenant shall not be responsible for any imperfection set forth on
this list, but shall be responsible for any defects or damages not included
on this list.
USE OF PREMISES. The leased property will only be used by Tenant as a
residence. No commercial achivities are permitted. Tenant- will no~ occ~y
~he leased premises in any okher name or for any other purpose than is
called for in the lease and in addition agrees that the premises shall not
be occupied by more than one family.
UTILITIES. Tenant shall pay for the following utilities: electric,
heat, telephone, tv cable and trash. Landlord will pay water, sewer and
hot wa~er.
TENANT OBLIC~ATIONS.
During the term of this lease Tenant shall:
- Pay all rent and all other charges herein provided when due.
Acceptance of any late payments by Landlord shall not excnse Tenant from
being required to make future payments on time and shall not be a waiver of
Landlord's rights and remedies.
- Keep hhe property clean and free front dirt or ether refuse;
replace all broken glass windows or doors; and otherwise keep the property
in geed maintenance and repair, in the same cendition it was at the
beginning of hhis ].ease, ordinary wear and tear and damage by accidental
fire or other casualty not occurring through Tenant's negligence excepted.
If premises needs repainted at end of tenant's occupancy ~hen gost of
painting will be deducted from security deposit. Holes from pictures,
shelving, etc must be patched, sanded and repainted by Tenant.
- Not permit any pets or other animals on the leased premises except
as listed below; t.o keep the property and i&~ free from any fleas, ticks,
animal feces; and to repair any damage to the property caused by said pets
oz' animals. PERMITTED PET(S): ~one
- Use every reasonable precaution against fire. Smoke detectors are
in proper working order on beginning date of this lease agreement. Tenant
is responsible for maintaining the smoke detectors and keeping them in
working order at all times thereafter.
- Not make or permit any disturbing noises by Tenant or members of
the family or visitors or do or permit: anything to be done that would
disturb or interfere with the rights and convenience of other tenants or
neighbors ho the leased premises.
Comply with the requirements of all public and governmental
authorities including but not limited to Federal, State and Local
governmental law, regulations and ordinances applicable to Tenant's use of
hhe leased property and to pay all penalties, fines costs or damages
resulting from Tenant's failure to comply with any law, regulation or
ordinance.
- After 14 days, be responsible for the first $20 of any repair
to faucets, toilets, broken locks, cabinetry, doom'knobs, etc.
Be responsible for repairs to all appliances from beginning date of
lease when due to tenant neglect or abuse.
Keep all drain pipes open and to pay the costs of cleaning waste
from them and keep all water supply lines from freezing and to pay all
costs arising out of frozen pipes, including but not limited to damages
resulting from frozen pipe breakage.
Keep all heat set at rio less than 55 degrees between December 1 and
March 30 and to utilize 'the heating systems in the leased premises and not
use alternative heating systems. Kerosene and space heaters are not
permitted. Any heating cost estimates given are onl e timates and due to
4 Tenaatt's initials
variations in Tenant habits, cost of fuel and the weather, Landlord does
not guarantee that' cost's will be same as estimates.
- Within seven days of the signing of this agreement, Tenant will
obtain renter's insurance and provide proof of purchase to Landlord
Tenant further agrees to maintain the policy throughout the duration of the
tenancy, and to furnish proof of insuranoe on a semi-annual basis.
- Pay for any damages, carpet cleaning, general cleaning and all
other obligations under this lease not covered by the security deposit.
- Be responsible for the cost of treatment of the premises [and
adjoining premises if nececessary] for the extermination of roaches, fleas
or any other ~[nsect brought into the property by Tenant. Landlord will not
treat ants, spiders, etc.
- Have no water beds on the premises.
Not assign, mortgage ou pledge this lease or underlet or sublease
· the leased premises or any part thereof, or permit any other person, firm
or corporation to occupy the premises or any part thereof. If the Tenant
becomes embarrassed or insolvent, or makes assig'nment for the benefit of
creditors, or if a petition in bankruptcy is filed by or against the Tenant
or a bill in equJty or other proceeding for the appointment of a receiver
for 'the Tenant is filed, or if proceeding for reorganization or for
composition with creditors under any State or Federal laws be instituted by
or against Tenant, or if the real or personal property of Tenant shall be
sold or levied upon by any Sheriff, Marshall or Constable, the same shall
be a violation of this parag~'aph.
- Have all carpets professionally steam-cleaned and deodorized upon
leaving the premises and to furnish Landlord with a paid receipt. Use of
rental cleaners or personally owned cleaning units is not permitted and
will not be considered professionally cleaned. If Tenant fails 'to steam
clean carpets upon leaving, Landlord may do so and deduct the costs from
the security deposit.
- Not make any alterations, improvements cr additions to the leased
property. Ail alterations, additions or fixtures, where installed before
or after 'the execution of this lease, shall remain upon the premises at the
expiration or sooner termination of this lease and become the property of
Landlord, unless Landlord, prior to the termination of lease, gives written
notice to Tenant to remove the same. In which event, Tenant will remove
such alterations, improvements and additions and restore the premises to
the same good order and condition at which they are now. If Tenant fails
to do so, Landlor~ may'do so, collecting at Landlord's option, the costs
and expense thereof from Tenant as additional rent.
- Be responsible for removal of snow and/or ice on steps into
apartment and in front of apartment door.
- Not remove, or attempt to remove Tenant's goods or property from
premises without having first paid and satisfied Landlord for all rent
which may become due during the entire term of this lease.
- Not do or allow to be done any act, matter or thing objectionable
to the fire insurance company whereby the fire insurance or other insurance
shall become void or suspended or rate increased.
- Comply will all future reasonable rules and regulations which
[Landlord may hereafter institute.
- Be responsible and agrees to relieve Landlord from any liability
for any injury or damage 'to any person(s) or property on or in the leased
premises (including basement, attic, garage, shed, otc). The foregoing
shall include but not be limited to injury and damage resulting from any
fire or other casualty, accident or existing condition (radon, lead paint,
asbestos, if any); breakage, or leakage from plumbing, water, rain, ice,
snow, accumulation of water, snow or ice whether said damage or injury is
caused by the negligence of Landlord or Tenant or any other person
whomsoever, or an act of God.
- Tenant understands that Landlord does not warranty that basement,
crawl space, garage, storage shed, etc. are dry nor does Landlord warranty
that such areas will remain dry. Landlord does not assume any
responsibility for any costs of water extraction from these areas nor is
Landlord responsible for damages to Tenant's belongings or injury to any
person(s) thereof. Tenant has been made aware that basement has gotten
water in when outside street floods during heavy rains. Landlord has
installed waterproofing system, but cannot guarantee basement will stay dry
should system fail.
LANDLORD RIGHTS AND REMEDIES.
and remedies:
Landlord shall have the following rights
1. Inspect the premises at reasonable hours upon 24 hours oral
notification to Tenant. However, in the case of any emergency or other
unusual circumstance, no notification shall be required.
6 Tenant's initial.~/~/~ ,4',4
2. Display a' "For' Rent" or "For' Sale" sign or both,at ai~y time on
~ 's-,s and to show property 'to prospective tenants or buyers at
preml .De
reasonable times upon 24 hours advance oral notice to tenant. Owner is a
licensed real estate agent.
3. Declare Tenant to be in default of this lease upon the occurrence
of any of the following events:
a) Tenant fails to pay the rent within {4) days of its due date.
term.
b) Tenant fails to vacate the premises at the end of the lease
c) Tenant fails to comply with any other of Tenant's obligations
under this lease, which default remains unremedied with five (5) days of
its occurrerlce.
d) Tenant becomes insolvent making an assignment for the benefit of
creditors; becoming the debtor on any bankruptcy proceeding, voluntarily or
involuntarily; having a judgment entered against Tenant which remains
unpaid fora period in excess of 30 days.
LANDLORD'S REMEDIES. If Tenant defaults for any reasons specified in
the previous paragraphs, Landlord shall have the following remedies:
1. Declare the entire rent reserved for the full term of this lease
to become immediately due and payable and collectible.
2. Terminate the lease and to enter upon and repossess the leased
property without being considered a trespasser.
3. Evict the Tenant from the ].eased premises upon providing the
Tenant with a Five (5) Day Notice to Quit. The Penant waives all other
notices or any longer notification period 'that may otherwise be required by
virtue of any law, including but not limited to the Landlord Tenant Law of
Pennsylvania.
4. Dispose of all of the Tenant's property remaining on the premises
after Tenant has vacated the premises and te charge Tenant for such removal
cost and without any liability to account 'to Tenant for the value received
for'the items disposed.
7 Tenant's initials
5. Collect all sums due Landlord under this lease ,in any manner
provided by law.
6. Offset against Tenant's security deposit any amounts due Landlord
under this ]_ease and the amount of any damages that Landlord suffers as the
result of Tenant's breach of lease and to secure judgment against Tenant
for any excess damages not covered by security deposit.
7. Confess judgment against Tenant for any amounts owed by Tenant to
Landlord under this lease in which event Tenant authorizes the Prothonotary
or any attorney to appear for and confess judgment against Tenant and in
favor of Landlord for the whole amount of the rent and other sums that are
due, together with an attorney's commission of 2D% and oosts of suit.
8. Confess judgment against Tenant in an amicable action of
ejectment in which event the Tenant hereby authorizes the Prothonotary or
any attorney ef record to appear for and to confess judgment in ejectment
agaiast Tenant and in favor of Landlord and to direct the immediate
issuance of a writ of possession, all without notice or leave of court and
waving all i~reguLarikies.
9. Assess Tenant all. reasonable attorneys Ices and costs incurred by
Landlord in enforcing Landlord's rights under this lease, including but not
limited to all attorney's fees and costs incurred by landlord in securing
Tenant's removal from the leased property and in securing payment of all
sums due Landlord under this lease, in which event tenant specifically
agrees to pay such attorney fees and costs.
MISCELLANEOUS PROVISIONS.
- If it is determined that tile Tenant's use of the leased property is
not permitted under law, rule or regulation, 'then this lease shall
terminate and Tenant shall immediately vacate the premises.
- All rights and liabilities herein set forth shall extend to and
bind the parties (or in the event this agreement is signed by Landlord's
agent, 'this agreement shall instead bind the Landlord), their heirs,
executors, administrators and assigns. If there is more than one Tenant,
each shall be bound by this agreement jointly and individually. The words
Tenant and Landlord shall mean ail Tenants and all Landlords, in spite of
the singular form of these words used.
- Any notice required or permitted by this lease or any other law,
rule .or regulation governing this lease, shall be deemed to have been given
to all Tenants oz Landlords if given to any one Tenant or Landlord.
- Tenant has been provided with the pamph_ket "Protect Your Family
From Lead in Your Home~ and has signed the Disolosure of Information
Lead-Based Paint and/or Lead Based Paint Hazards form(which is attached to
lease agreement). As stated by the EPA, properties built prior to 1978
may contain lead paint. Tenant acknowledges that Landlord is under no
obligation to have the property inspected or tested for purposes of
determining the presence of lead-based paint or lead-based paint hazards or
to provide Tenant with the opportunity to conduct such an inspection or
testing. Tenant is therefore leasing the property in "as is" condition.
- Tenant agrees and understands that with their signature on the
lease agreement, Tenant is authorizing Landlord to release information on
Tenant's rental history whop Landlord is used by Tenant as a reference.
- This lease shall include all attachment~ hereto signed by both
Landlord and Tenan't, including but not limited to the listing of defects of
the premises. If such listing is not attached, it shall be deemed to mean
that there are no current defects.
- Tenant acknowledges that this agreement is a binding legal document
and that Tenant has been provided the opportunity to read and review this
document prior te signing it and that it is entered into by Tenan't
voluntarily and willingly. Tenant further acknowledges that there are no
blanks in this agreement that have not been filled in as of the time Tenant
signed this agreement and this fully and completely sets forth the entire
understanding and agreement of 'the parties.
Attackunents to Lease:
_V Lead-Based Paint and/or Lead-Based Paint Hazards Disclosure
.~/Landlord/Tenant Checklist
_/Radon Disclosure Form
,~Asbestos Disclosure Form
IN WITNESS WHEREOF, the parties, each intending to Be
hereby, have hereunto set 'their hands aad seals.
WI '?NESS
WITNESS
legally bound
LANDLORD
EXHIBIT "B"
CALCULATION OF LATE FEES
CURL VS. AUSTIN'
· CALCULATION OF LATE FEES,
Date Rent Due Date Rent Paid # of Days after 7th 40.00 Late $4.50 per Date Total Charge
4/5/99 4/14/99 7 $40.00 $31.50 $71.50
5/5/99 5/8/99 1 $40.00 $4.50 $44.50
6/5/99 6/14/99 7 $40.00 $31.50 $71.50
7/5/99 7/9/99 2 $40.00 $9.00 $49.00
8/5/99 8/10/99 3 $40.00 $13.50 $53.50
11/5/99 11 / 15/99 8 $40.00 $36.00 $76.00
12/5/99 12/13/99 6 $40.00 $27.00 $67.00
1/5/00 1/26/00 19 $40.00 $85.50 $125.50
3/5/00 3/22/00 15 $40.00 $67.50 $107.50
4/5/00 4/18/00 11 $40.00 $49.50 $89.50
5/5/00 5/16/00 9 $40.00 $40.50 $80.50
6/5/00 6/17/00 10 $40.00 $45.00 $85.00
8/5/00 8/18/00 11 $40.00 $49.50 $89.50
9/5/00 9/18/00 11 $40.00 $49.50 $89.50
10/5/00 10/I 4/00 7 $40.00 $31.50 $71.50
12/5/00 12/23/00 16 $40.00 $72.00 $112.00
1/5/01 1/29/00 22 $40.00 $99.00 $139.00
3/5/01 3/19/01 12 $40.00 $54.00 $94.00
4/5/01 4/10/01 3 $40.00 $13.50 $53.50
5/5/01 5/8/01 1 $40.00 $4.50 $44.50
7/5/01 7/9/01 2 $40.00 $9.00 $49.00
9/5/01 9/27/01 20 $40.00 $90.00 $130.00
12/5/01 12/18/01 l I $40.00 $49.50 $89.50
1/5/02 1/15/02 8 $40.00 $36.00 $76.00
2/5/02 2/13/02 6 $40.00 $27.00 $67.00
3/5/02 3/15/02 8 $40.00 $36.00 $76.00
5/5/02 5/17/02 10 $40.00 $45.00 $85.00
6/5/02 6/18/02 I l $40.00 $49.50 $89.50
7/5/02 7/10/02 3 $40.00 $13.50 $53.50
8/5/02 8/14/02 7 $40.00 $31.50 $71.50
10/5/02 10/23/02 16 $40.00 $72.00 $112.00
1/5/03 1/13/03 6 $40.00 $27.00 $67.00
2/5/03 3/3/03 24 $40.00 $108.00 $148.00
3/5/03 3/28/03 21 $40.00 $94.50 $134.50
4/5/03 Not Paid to 6/27 81 $40.00 $364.50 $404.50
.... 5/5/03 Not Paid to 6/2~ .... 51 $~4~J500 ~229.50 .... $2'69.5~
Totals $1~440.00 $2~097.00 $37537.00
j/
J
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'.." 7C..'.T.?"5S '..' 7
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to~,--' "'"-, R 0i-\o
q'ff'''O 2 ~
Sunday
1
Monday Tuesday Wednesday Thursday Friday Saturday
2 3 ~. '(.~.,~ 6~./7
8 9
15 16
22 23
29 30
10 11
17 18
12 13 14
19 2O
24 25 26
/5
27
21
¸ii
AnyTime Month Planner
Printed dune 26. 2003
EXHIBIT "C"
INVOICES AND RECEIPTS
David L. Sheaffer - Carpets
586 East ,Canal Rpad
Hershey, Pa. 17033
(717) 533-6190
INVOICE
ESTIMATE NO: ll2'l
DATE: 04/26/2003
To: Sharon Curl Tasker
1000 A Otto Drive
Mechanicsburg, PA 17055
For: 1'1 8. Pitt Street Apt.
Carlisle, PA
SALESPERSON P.O. NU~iEER DATE SHiP~,,-u SHIPPED VIA F.O.B. POINT TERMS
Dave Sheaffer 04/26/2003
QUANTITY DESCRIPTION UNIT PRICE AMOUNT
32.67 sq. yds. Removal of existing glue down carpet, scrape up 62.67 square yards (~ $2.25/sq. yd. $141.00
~2.67 sq. yds. Installation of customer's carpet, direct glue down @ $4.05/sq. yd. $254.01
.~arpet of this quality had a life of expectancy of 10 yrs but was
removed due to damage by burns and stains
Any alterations or Deviations from the above Specifications Sub Total $ 395.01
Will be executed only upon written order, and will become an
Extra charge over and above this estimate Total $ 395.01
THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HERBY
ACCEPTED.YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED. PAYIvlENTS WILL BE MADE UPON
COMPLETION OF WORK.
DATE
SIGNATURE
SIGNATURE
David L. Sheaffer - Carpets
586 East ~anal Rpad
Hershey, Pa. 17033
(H & F) (717) 533-6190
(C) (717) 319-9490
ES': IMATE
ESTIMATE NO: 1121
DATE: 05 May 03
To: Sharon Curl Tasker
1000 A Otto Drive
Mechanicsburg, PA 17055
For: 11 S. Pitt Street Apt. 6
Carlisle, PA
SALESPERSON P.O, NUMBER DATE SHIPPED SHIPPED VIA F.O.B. POINT TERMS
Dave Sheaffer 05/05/2003
QUANTITY DESCRIPTION UNIT PRICE AMOUNT
l'his quote is for replacement of vinyl kitchen flooring due to burn holes
and cuts in existing flooring. This price includes removal of existing
rinyl flooring and costs to replace flooring, including installation of new
floodng.
Removal of existing vinyl flooring and prep and patch work: $122.00
12 x 9 New vinyl flooring: 12 square yards @ $9.99/yard $119.88
Installation cost: $120.00
Any alterations or Deviations from the above Specifications
Will be executed only upon written order, and will become an
Extra charge over and above this estimate
Sub Total $ 361.88
Total $ 381.88
THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HERBY
ACCEPTED.YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED. PAYMENTS WILL BE MADE UPON
COMPLETION OF WORK.
SIGNATURE
DATE SIGNATURE
PROSOURCE OF: HARRISBURG
7986 GRAYSON ROAD
HARRISBURG, PA 17111
Telephone: 717-$$8-9014 Fax: 717-558-9325
TASKER, RANDALL
RANDALL J TASKER
1000A OTTO DRIVE
MECHANICSBURG, PA 17055-
Telephone: 717-691-8634
ACKNOWLEDGMENT
04/21/03
Style/Item
TASKER, RANDALL
1000A OTTO DRIVE
MECHANICSBURG, P/
APT 6 11 SOUTH PITT ST.
ColodDescription Size
CG300978
Total
Quantity Units Price
DELTA 26
DELTA 26
FREIGHT
021 NATURAL GRAIN 12X29.5
021 NATURAL GRAIN 15X14.5
39.33 SY 4.99 196.26
24.17 SY 4.99 120.61
1.00 EA 10.00 10.00
- 04/21/03
PAID
Sales Consultant(s): LARRY WEADER
3:54PM -
316.87
10.00
19.61
Material:
Service:
Sales Tax:
INVOICE TOTAL;
Less Payment(s):
BALANCE DUE:
$346.48
0.00
Signature: $346.48
CAROL NEWKUM
6103 NASSAU ROAD
HARRZSBURG, PA 17112
.10B lrNVOICE
/
/
BZLLffD TO: Randall.l. Tasker
lOOOA Otto Drive
· lechanicsbur~. PA
S~art ~ime ~ Time Total Hours Total labor
Signature - Carol
JOE PIERICH
7652 Appleby Rd,
Harrisburg, PA 17112
oy;,s cUSTOM V¢o 4*
'~ NO JOBS TOO SMALL
carpentry · roofing · siding · and more
Phone
469-0003
~I~' ~]£~lpng~ hereby to furnish material and labor - complete in accordance with above specifications, for the sum of:
For a total cash price of $ ,5 '~ C~, (-~ O Down Payment $ _ Balance $
Note: This proposal may be
withdrawn by US if not accepted within
.S~rrep~m~re a! ~rapas~l - The above prices, &oa¢ifica-
lions and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payment will be made as out-
lined above, Signature
Date of Acceptance:
979540/NC2583 CVT 8/98
calbonless
~;Adams
NC2583
2 PART
STATEMENT
I?o//
NO.
IDATE: I~
IAMOUNT REMITTED
, i
AND MAIL WITH YOUR REMI3q'ANCE. YOUR CANCELLED CHECK IS YOUR RECEIPT.
PREVIOUS BALANCE ·
~ STATEMENT Thank YOU
NC2583
1 .00 GREETING CaRE 0.50 S
077054200106-3
1 00 EREEIiN6 Ui~kl) 0 50 S
0710542501013
~,.:lOR PaN 6:,N -- ' ~,~
I ,bO S~
I 00 S
STATE TAX
T OTIqk
CASH
CHANGE
$9.00
SO 5'1
$9.54
$10.00
$0,46
ITEHS 8
2003'04'-25 I' ~'9 f~;~
EXHIBIT "D"
CALCULATION OF TOTAL AMOUNT DUE
PLAINTIFF
CURL VS. AUSTIN
CALCULATION OF TOTAL AMOUNTS CLAIMED BY LANDLORD
Description Rent Late Fee Damage Attorneys Total
Amounts Amount Amount Fees Amount
April 2003 Rent $350.00 $350.00
May 2003 Rent $350.00 $350.00
Rent Late Fees and Penalties $3,537.00 $3,537.00
4/5/99-6/27/03
Invoice #1 $3!95.01 $395.01
David Sheaffer Carpets
Invoice #2 $361.88 $361.88
David Sheaffer Carpets
Invoice #3 $346.48 $346.48
Prosource
Invoice ~4 $1211.75 $131.75
Carol Newkum
Invoice # 5 $32,0.00 $330.00
Joe's Custom Work
Invoice #6 $88.00 $88.00
Brian Barger
Invoice # 7 $190.79 $190.79
Castles Lumber
Invoice #8 Dollar General $6.36 $6.36
Attorneys Fees $1,717.50 $1,717.50
Totals $700.00 $3,537.00 $1,850.27 $717.54 $7,804.77
Sharon Curl,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03-:3676 CIVIL TERM
Robert Austin, : CIVIL - LAW
Defendant :
NOTICE TO PLEAD
TO: Sharon Curl
You are hereby notified to file a written response to the enclosed Answer and
New Matter within twenty (20) days from service hereof or a judgment may be entere(
against you.
Respectfully Submitted
TURO LAW OFFICES
Date
Daniel D. Worley, Esquir~
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Defendant
Sharon Curl,
Plaintiff
Robert Austin,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03-3676 CIVIL TERM
: CIVIL - LAW
ANSWER AND NEW MATTER
AND NOW COMES Defendant, by and through his attorney, Turo Law Offices, and files
this Answer and New Matter to Plaintiff's Complaint.
1. Admitted.
2. Admitted and Denied. By way of further answer, Robert Austin resides at 79
Clay Road Carlisle, PA 17013, he receives mail at P.O. Box 351, Carlisle, PA
17013.
3. Admitted.
4. Admitted.
5. Admitted.
6. A-H Admitted only to the extent that they are provisions of the lease.
A. Admitted.
B. Admitted.
C. Admitted.
D. Admitted.
E. Admitted.
F. Admitted.
G. Admitted.
H. Admitted.
7. Denied. By way of further answer, Defendant was still in the process of
leaving the premises on April 12, 2003 and had not vacated it. Defendant
gave advance notice of his intent to discontinue renting the property,
telephonically, prior to beginning the vacating process.
8. Admitted. By way of further answer Defendant was of the belief that his
security deposit would pay for the April rent and he planned to vacate the
premises before May.
,Admitted in part and Denied in part. By way of further answer, Defendant
paid his rent bills and the Plaintiff accepted the same. Defendant did not
receive notices or demands for late fees. Defendant denies that the late fees
are due because of Satisfaction and Accord.
10. Denied. By way of further answer, the "damage' to the property was normal
wear and tear that happens with time. Furthermore, Defendant was
beginning the process of cleaning and repairing the property when Plaintiff
broke into the property and subsequently locked Defendant out.
11 .,A. Admitted. By way of further answer Defendant was of the belief that his
security deposit would pay for the April rent and he planned to and did vacate
the premises before May.
B. ,Admitted. By way of further answer, Defendant paid his rent bills and the
Plaintiff accepted the same. Defendant did not receive notices or demands
for late fees. Defendant denies that the late fees are due because of
Satisfaction and Accord.
C. Denied. Defendant Called Plaintiff on April 4, 2003 and left a message
that he could no longer rent the property because PP&L was shutting off the
electricity.
D. ,Admitted. By way of further answer, Defendant was going to clean the
premises, but was locked out by the Plaintiff before he was able to do so.
E. Admitted. By way of further answer, Defendant was in the process of
repairing the premises, but was locked out by the Plaintiff before he was able
to finish the repairs.
F. Denied. The "damage" to the property was regular wear and tear that
defendant would have cleaned or repaired had he not been locked out of the
premises.
=
12.The allegations of this paragraph are legal conclusions to which no
responsive pleading is required. If a responsive pleading is required, it is
denied that Defendant is liable to Plaintiff for any monetary damages.
WHEREFORE, Defendant, Robert Austin, respectfully requests that this
Court enter judgment in his favor and against the Plaintiff, Sharon Curl.
NEW MATTER
13. On or about April 1, 2003 PP&L contacted Defendant and informed him that
his electricity would be shut off at the end of the month because they could
not read the meter and had sent estimated bills for a year.
14. Defendant could not provide PP&L access to the meter because he did not
have a Key.
15. Defendant, Robert Austin, called Sharon Curl on or about April 4, 2003
intending to ask her to let PP&L check the meter.
16.The message on Plaintiff's answering machine stated that she was on
vacation.
17. Defendant, faced with his electricity being shut off, left a message for Plaintiff
stating that he was no longer going to rent the property because his electricity
was being shut off.
18. On or about April 12, 2003 Defendant moved a few pieces of his personal
property (the heavier items).
19. On or about April 17, 2003 Defendant returned to the apartment with a few
friends and cleaning materials to remove the rest of his property and clean
the apartment before returning the keys to Plaintiff.
20. Defendant attempted to enter the apartment and discovered that his key no
longer fit the apartment door. He looked in the window and discovered that
his property was gone.
21. Defendant called a representative of Plaintiff's who advised Defendant that
his personal property had been removed from the premises "thrown in the
burn pit and burned".
22. The personal property taken from the apartment included Defendant's then
working computer and computer components, Defendant's Keys, Defendant's
television, Defendant's checkbook and financial information to name just a
few.
23. It was later discovered that Defendants property had not been thrown away,
but was stored in a barn.
24. The property returned to Defendant after storage in a barn for three months
was destroyed.
25.The property was returned to Defendant's house before he was able to fully
inspect it.
26.As Defendant attempted to salvage his property from the bags returned to
him by the Plaintiff, he was accosted by a putrid stench and as he reached
into a trash can, he were horrified to find a decomposing baby groundhog with
maggots crawling from its carcass.
27. Included with the returned property was rotten food (rotten lettuce, ketchup,
mayonnaise) that was removed form the refrigerator and stored in a barn for
three months during the summer.
28.After Defendant brought an action to recover the value of his property,
Plaintiff forwarded bills for "property damage" as well as late fees for
payments made since 1999.
29. Plaintiff marked the envelopes Defendant sent his rent check in; received and
paid.
30. Plaintiff's claims for late fees are barred by Satisfaction and Accord.
31 .On or about April 1,2003 PP&L contacted Defendant and informed him that
because PP&L was not provided access to the electric meter, the electricity
would be shut off by the end of April.
32. Defendant had previously contacted Plaintiff and asked her for a key to allow
PP&L to read the meter.
33. Plaintiff did not give PP&L access to the electric meter after repeated
requests.
34. The loss of electricity would deprive Robert Austin of the beneficial enjoyment
of the whole the demised premises causing Constructive Eviction.
35. Because he was constructively evicted, Robert Austin had to leave the
property.
36. Plaintiff, as landlord, was under an obligation imposed by the implied
warranty of habitability to provide and maintain habitable promises. See Pugh
v. Holmes, 486 Pa. 272 (1979) at 284.
37. By failing to provide PP&L access to the electric meter, the property became
uninhabitable.
WHEREFORE, Defendant, Robert Austin, respectfully requests that this
Court enter judgment in his favor and against the Plaintiff, Sharon Curl.
Date
Respectfully submitted,
D~niel D. Worley, Esquire
Turo Law Offices
28 South Pitt St.
Carlisle, PA 17013
(717) 245-9688
Attorney for Defendant
VERIFICATION
I verify that the statements made in the foregoing Answer and New Matter are
true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities.
Date Robert Austin
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the upon, Diane G.
Radcliff, by depositing same in the United States Mail, first class, postage pre-paid on
the Il day of ~t~.,[,¢~-- ,2003, from Carlisle, Pennsylvania, addressed as
follows:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
TURO LAW OFFICES
Daniel D. Worley, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
SHARON CURL
VS.
ROBERT AUSTIN
Plaintiff
Defendant
NO. 03-3676 CIVIL TERM
CIVIL ACTION - LAW
IN CONTRACT
PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER
AND NOW, this 30th day of September, 2003, comes the Plaintiff, Sharon Curl, by her attorney,
Diane G. Radcliff, Esquire, and files this Answer to Defendant's New Matter as follows:
13.
DENIED. Plaintiff is without knowledge or information as to the truth or falsity of the
averment that "On or about April 1, 2003, PP&L contacted Defendant and informed him that
his electricity would be shut off at the end of the month because they could not read the meter
and had estimated his bill for a year." as set forth in Paragraph 13 of Defendant's New
Matter, and said averment is, therefore, denied. Plaintiffdemands proof thereof at the trial
of this case, if relevant. By way of further Answer, it is averred that:
ao
Defendant vacated the leased premises while Plaintiffwas away on vacation in order
to avoid paying the April, 2003 rent that was overdue as well as rent that would have
become due thereafter until proper thirty days written notice was given as required by
the lease.
There was no reason for Defendant to terminate the Lease at any time, other than at
the end of the term and upon giving the proper thirty days written notice as required
by the Lease, since Defendant's electricity was never shut off, and his termination and
vacating of the leased premises occur well prior to the date he alleged PP&L would
have terminated his electricity.
Ce
Defendant was aware that Plaintiff was returning from her vacation on April 14, 2003
(well before PP&L's alleged shut offdate of April 30, 2003) and could have given
PP&L access to the basement at that time, which in fact was done.
14.
Defendant never called Plaintiff on her cell phone even though instructions were left
on her answering machine for him to do so in the event any matter needed to be
handled during her absence. On April 5, 2003, Defendant left a message on her
answering machine and was well aware her inslructions to call her if necessary and
nonetheless made no attempt to call her so that she could take action during her
absence.
Defendant was aware that the tenant in Apt. #2 had a key to the basement and was
permitted to give access to PP&L for the purpose of reading the meter.
PP&L never contacted the Plaintiff and asked that she give PP&L access to the
basement even though they had her address and phone number.
Ge
Plaintiffcontacted PP&L on April 14, 2003 and made arrangements to provide them
with access to the basement, and in that call or at any other time PP&L made no
mention of any threat to shut off the electricity.
H. PP&L never shut off the electricity to the leased premises.
IfPP&L threatened to cut offDefendant's electricity, it was because of his failure to
pay his bill to PP&L and failure to pay PP&L a requested security deposit.
Plaintiff previously gave a key to the basement to PP&L so as to permit them to have
ready access to the basement to read the meter; that they had lost or misplaced that
key; and, that she gave them a replacement key to permit them access upon her return
from vacation and well prior to the end of the month.
ADMITTED. It is admitted that the Defendant could not provide PP& L access to the meter
because he did not have a key. By way of further Answer, it is averred that:
Defendant had no right of access to the basement as the basement had not been leased
by him, except that Defendant was aware that the tenant in Apt. #2 had a key to the
basement and was permitted to give access to PP&L or Defendant for the purpose of
reading the electric meter.
Be
Plaintiff had previously given a key to PP&L so as to permit them to have ready
access to the basement to read the meter, and as soon as she learned PP&L had lost
15.
16.
the key she provided them with a replacement key so that PP&L could read the meter
at their convenience.
PP&L had Plaintiffs telephone number and address and never contacted her asking
her for access to the basement in order to read the meter.
DENIED. It is denied that on April 4, 2003, Defendant called Plaintiff. On the contrary
it is averred that:
The only time Defendant ever called Plaintiffwas on April 5, 2003, 4 days after the
alleged call he received from PP&L
With respect to the averment as to the Defendm~t's intent in making this phone call,
said averment is denied as Plaintiff is without knowledge or information as to the
truth or falsity of that averment that "Defendant called Sharon Curl intending to ask
her to let PP&L check the meter." as set forth in Paragraph 15 of Defendant's New
Matter, and said averment is, therefore, denied. Plaintiff demands proof thereof at the
trial of this case, if relevant.
ADMITTED. It is admitted that Plaintiffs message on her answering machine indicated that
she was away on vacation. By way of further Answer, it is averred that:
Plaintiffs answering machine message also informed callers that if they needed to
reach her during her vacation for any reason whatsoever that required her attention
they should call her on her cell phone, which cell phone number was provided.
Defendant never called her cell phone during her vacation from April 1, 2003-April
13, 2003.
Had Defendant called Plaintiff on her cell phone during the period April 1, 2003-
April 13, 2003, Plaintiff would have had the ability to correct the alleged situation
with PP&L during her absence.
17.
DENIED. It is specifically denied that Defendant, faced with having his electricity being
shut off, left a message for Plaintiff stating that he was no longer going to rent the property
because his electricity was being shut off. On the contrary and by way of further Answer,
it is averred that:
- 3 -
Plaintiffs answering machine message also informed callers that if they needed to
reach her during her vacation for any reason whatsoever which required her attention
they should call her on her cell phone, which cell phone number was provided.
Defendant never called her cell phone during her vacation from April 1, 2003-April
13, 2003.
Had Defendant called Plaintiff on her cell phone during the period April 1, 2003-
April 13, 2003, Plaintiff would have had the ability to correct the alleged situation
with PP&L during her absence.
The only message left by the Defendant was on her home answering machine on April
5, 2003, which was limited to a request for Plaintiff to contact PP&L to allow them
to have access to the basement to read the meter.
Defendant vacated the leased premises while Plaintiffwas away on vacation in order
to avoid paying the April, 2003 rent that was overdue as well as rent that would have
become due thereafter until proper thirty days written notice was given as required by
the lease.
There was no reason for Defendant to terminate the Lease at any time, other than at
the end of the term and upon giving the proper thirty days written notice as required
by the Lease, since Defendant's electricity was never shut off, and his termination and
vacating of the leased premises occur well prior to the date he alleged PP&L would
have terminated his electricity.
Defendant was aware that Plaintiff was returning from her vacation on April 14, 2003
(well before PP&L's alleged shut off date of April 30, 2003) and could have given
PP&L access to the basement at that time, which in fact was done.
Defendant never called Plaintiff on her cell phone even though instructions were left
on her answering machine for him to do so in the event any matter needed to be
handled during her absence. On April 5, 2003, Defendant left a message on her
answering machine and was well aware her instructions to call her if necessary and
nonetheless made no attempt to call her so that she could take action during her
absence.
Defendant was aware that the tenant in Apt. #2 had a key to the basement and was
permitted to give access to PP&L for the purpose of reading the meter.
PP&L never contacted the Plaintiff and asked that she give PP&L access to the
basement even though they had her address and phone number.
Plaintiffcontacted PP&L on April 14, 2003 and made arrangements to provide them
with access to the basement, and in that call or at any other time PP&L made no
mention of any threat to shut off the electricity.
L. PP&L never shut off the electricity to the leased premises.
IfPP&L threatened to cut offDefendant's electricity, it was because of his failure to
pay his bill to PP&L and failure to pay PP&L a requested security deposit.
Plaintiff previously gave a key to the basement to PP&L so as to permit them to have
ready access to the basement to read the meter; that they had lost or misplaced that
key; and, that she gave them a replacement key to permit them access upon her return
from vacation and well prior to the end of the month.
18.
DENIED. It is denied that on or about April 12, 2003 Defendant moved a few pieces of his
personal property (the heavier items). By way of further Answer, it is averred that on said
date Defendant vacated the premises and removed all of his belongings with the exception
of junk items which Plaintiff reasonably believed he left behind in the apartment for her
disposal.
19.
DENIED. Plaintiff is without knowledge or information as to the troth or falsity of the
averment that "On or about April 17 Defendant returned to the apartment with a few friends
and cleaning materials to remove the rest of his property and clean the apartment before
returning the keys to Plaintiff" as set forth in Paragraph 19 of Defendant's New Matter, and
said averment is, therefore, denied. Plaintiff demands proof thereof at the trial of this case,
if relevant. By way of further Answer it is averred that:
During the period between April 5, 2003 and April 17, 2003, Defendant never
contacted Plaintiff to inform her that he was terrninating the lease and moving from
the apartment.
- $ -
20.
21.
22.
Defendant did not give the required thirty days written notice of intention to terminate
the lease.
When Defendant vacated the premises, he left a key on the counter which Plaintiff
thought was the key to the leased premises, since her key did not work as Defendant
had changed the locks to the apartment without Plaintiffs knowledge and consent.
The apartment had been left in a filthy and damaged condition, and what repairs had
been attempted by Defendant prior to his vacating the leased premises were not
properly done.
DENIED. Plaintiff is without knowledge or information as to the truth or falsity of the
averment that "Defendant attempted to enter the apartment and discovered that his key no
longer fit the door and that he looked in the window and discovered that his property was
gone." as set forth in Paragraph 20 of Defendant's New Matter, and said averment is,
therefore, denied. Plaintiff demands proof thereof at the trial of this case, if relevant. By
way of further Answer, it is averred that Plaintiff changed to locks to the apartment since
Defendant had vacated it without paying his last months rent, and had to do so because
Defendant has changed the locks before without her knowledge and consent, thereby denying
her access to the leased premises as required under the terms of the lease.
DENIED. Plaintiff is without knowledge or information as to the truth or falsity of the
averment that "Defendant called a representative of Plaintiffs who advised Defendant that
his personal property had been removed from the premises and thrown in the burn pit and
burned." as set forth in Paragraph 13 of Defendant's New Matter, and said averment is,
therefore, denied. Plaintiff demands proof thereof at the trial of this case, if relevant. By
way of further Answer, it is averred that Defendant spoke with Randall Tasker, the
Plaintiffs significant other, who informed Defendant that the items left behind at the time
Defendant vacated the premises and without prior written notice were junk and that he
intended on disposing of them either by having them put in the dumpster or by burning them.
ADMITTED IN PART AND DENIED IN PART.. It is admitted that property the
Plaintiff removed from the apartment included a television, computer, computer components
and the like. It is denied that it included his keys, checkbook and financial information. By
way of further Answer, it is averred that:
- 6 -
23.
24.
25.
A. The television, computer and scanner were not working.
B. All of the remaining items were junk and of no value.
Plaintiff was permitted to remove said items from the apartment pursuant to Paragraph
4 on page 7 of the Lease which provides that Plaintiff "may dispose of all of tenant's
property remaining on the premises after tenant has vacated the premises and to
charge tenant for such removal costs and without any liability to account for tenant
for the value received for the items disposed".
ADMITTED IN PART AND DENIED IN PART. It is admitted that the items were stored
in Plaintiff's barn. It is denied that Plaintiff ever told Defendant that they had been thrown
away. By way of further Answer, it is further avem~d that all of Defendant's items were
returned to him even though Plaintiff was under no obligation to do so pursuant to Paragraph
4 on page 7 of the Lease which provides that Plaintiff "may dispose of all of tenant's
property remaining on the premises after tenant has vacated the premises and to charge
tenant for such removal costs and without any liability to account for tenant for the value
received for the items disposed".
DENIED. It is specifically denied that Defendant's property was destroyed as the result of
storage in Plaintiff's barn. On the contrary and by way of further Answer, it is averred
that:
A. The television, computer and scanner were was not working.
B. All of the remaining items were junk and of no value.
Plaintiff was permitted to remove said items from the apartment pursuant to Paragraph
4 on page 7 of the Lease which provides that Plaintiff "may dispose of all of tenant's
property remaining on the premises after tenant has vacated the premises and to
charge tenant for such removal costs and without any liability to account for tenant
for the value received for the items disposed".
DENIED. It is denied that the property was returned to Defendant before he had an
opportunity to inspect it. On the contrary and by way of further Answer, it is averred that
Defendant was given the opportunity to inspect the items and declined to do so prior to their
return to his home.
- 7 -
26.
DENIED. Plaintiff is without knowledge or information as to the truth or falsity of the
averment that"As Defendant attempted to salvage his propertyfrom the bags returned to him
by Plaintiff he was accosted by a putrid stench and as he reached in the trash can he was
horrified to find a decomposing baby groundhog with maggots crawling from its carcass."
as set forth in Paragraph 26 of Defendant's New Matter, and said averment is, therefore,
denied. Plaintiff demands proof thereof at the trial of this case, if relevant. By way of
further Answer, it is averred that:
Plaintiff inventoried the Defendant's property immediately prior to delivery to
Defendant and there was no ground hog carcass in them.
Even if Defendant's averment is tree, it creates no liability on the part of Plaintiff, in
that pursuant to Paragraph 4 on page 7 of the Lease Plaintiff was permitted to"
dispose of all of tenant's property remaining on the premises after tenant has vacated
the premises and to charge tenant for such removal costs and without any liability to
account for tenant for the value received for the items disposed".
Plaintiff only returned said items to Defendant because he insisted on having them
even though she was under no obligation to return them to him.
27.
28.
29.
DENIED. Plaintiff is without knowledge or information as to the truth or falsity of the
averment that "Included in the returned property was rotten food (rotten lettuce, ketchup,
mayonnaise) that was removed from the refrigerator and stored in the barn for three
months." as set forth in Paragraph 27 of Defendant's New Matter, and said averment is,
therefore, denied. Plaintiff demands proof thereof at the trial of this case, if relevant. By
way of further Answer, it is averred that Defendant, by letter from his attorney, demanded
a return of all of his items, including the return of food goods, and Plaintiff complied with
his request, which return did not include and lettuce.
ADMITTED. It is admitted that after Defendant brought an action to recover the value of
his items Plaintiff forwarded to him a bill for property damage as well as late fees for
payment made since 1999. By way of further Answer, it is averred that said action was
required by the Landlord Tenant Law which required for that information to be provided if
the landlord was not returning the security deposit and intended to collect for the damages.
ADMITTED. It is admitted that Plaintiff marked the envelopes Defendant sent his rent
checks in as "received and paid". By way of fnrther Answer, it is averred that said makings
- 8 -
30.
31.
were for her own personal records and have no relevance as to whether any late fees remain
due and payable by Defendant. It is further averred that Plaintiffs acceptance of the late rent
payments do not act as a waiver of her right to claim and receive late fees from Defendant.
NO ANSWER REQUIRED. The averment in Paragraph 30 of Defendant's New Matter is
a conclusion of law to which no response is required. Ifa response is deemed to be required,
it is averred that Plaintiffs claim for late fees is not bmr:ed by Satisfaction and Accord.
DENIED. Plaintiff is without knowledge or information as to the truth or falsity of the
averment that "On or about April 1, 2003 PP&L contacted Defendant and informed him that
since PP&L was not provided with access to the electric meter, the electricity wouM be shut
off by the end of April." as set forth in Paragraph 31 of Defendant's New Matter, and said
averment is, therefore, denied. Plaintiff demands proof thereof at the trial of this case, if
relevant. By way of further Answer, it is averred that:
Defendant vacated the leased premises while Plaintiff was away on vacation in order
to avoid paying the April, 2003 rent that was overdue as well as rent that would have
become due thereafter until proper thirty days written notice was given as required by
the lease.
There was no reason for Defendant to terminate the Lease at any time, other than at
the end of the term and upon giving the proper thirty day written notice as required
by the Lease, since Defendant's electricity was never shut off, and his termination and
vacating of the leased premises occur well prior to the date he alleged PP&L would
have terminated his electricity.
Defendant was aware that Plaintiffwas returning from her vacation on April 14, 2003
(well before PP&L's alleged shut off date of April 30, 2003) and could have given
PP&L access to the basement at that time, which in fact was done.
Defendant never called Plaintiffon her cell phone even though instructions were left
on her answering machine for him to do so in the event any matter needed to be
handled during her absence. On April 5, 2003, Defendant left a message on her
answering machine and was well aware her instructions to call her if necessary and
nonetheless made no attempt to call her so that she could take action during her
absence.
E. Defendant was aware that the tenant in Apt. #2 had a key to the basement and was
- 9 -
32.
33.
permitted to give access to PP&L for the purpose of reading the meter.
PP&L never contacted the Plaintiff and asked her to give PP&L access to the
basement even though they had her address and phone number.
Plaintiff contacted PP&L on April 14, 2003 and made arrangements to provide them
with access to the basement, and in that call or at any other time PP&L made no
mention of any threat to shut off the electricity.
H. PP&L never shut off the electricity to the leased premises.
IfPP&L threatened to cut off Defendant's electricity, it was because of his failure to
pay his bill to PP&L and failure to pay PP&L a requested security deposit.
Plaintiff previously gave a key to the basement to PP&L so as to permit them to have
ready access to the basement to read the meter; that they had lost or misplaced that
key; and, that she gave them a replacement key to permit them access upon her return
from vacation and well prior to the end of the month..
DENIED. It is specifically denied that Defendant had previously contacted Plaintiff and ask
her for a key to allow PP&L to read the meter. Defendant made no such calls or wrote to
Plaintiff regarding this matter.
DENIED. It is specifically denied that Plaintiff did not give PP&L access to the meter after
repeated requests. By way of further Answer, it is averred that:
Defendant vacated the leased premises while Plaintiff was away on vacation in order
to avoid paying the April, 2003 rent that was ow~'rdue as well as rent that would have
become due thereafter until proper thirty days written notice was given as required by
the lease.
There was no reason for Defendant to terminate the Lease at any time, other than at
the end of the term and upon giving the proper thirty day written notice as required
by the Lease, since Defendant's electricity was never shut off, and his termination and
vacating of the leased premises occur well prior to the date he alleged PP&L would
have terminated his electricity.
C. Defendant was aware that Plaintiffwas returning from her vacation on April 14, 2003
- l0 -
34.
35.
(well before PP&L's alleged shut off date of April 30, 2003) and could have given
PP&L access to the basement at that time, which in fact was done.
Defendant never called Plaintiff on her cell phone even though instructions were left
on her answering machine for him to do so in the event any matter needed to be
handled during her absence. On April 5, 2003, Defendant left a message on her
answering machine and was well aware her instructions to call her if necessary and
nonetheless made no attempt to call her so that she could take action during her
absence.
Defendant was aware that the tenant in Apt. #2 had a key to the basement and was
permitted to give access to PP&L for the purpose of reading the meter.
PP&L never contacted the Plaintiff and asked her to give PP&L access to the
basement even though they had her address and phone number.
Plaintiffcontacted PP&L on April 14, 2003 and made arrangements to provide them
with access to the basement, and in that call or at any other time PP&L made no
mention of any threat to shut off the electricity.
H. PP&L never shut off the electricity to the leased premises.
IfPP&L threatened to cut off Defendant's electricity, it was because of his failure to
pay his bill to PP&L and failure to pay PP&L a requested security deposit.
Plaintiff previously gave a key to the basement to PP&L so as to permit them to have
ready access to the basement to read the meter; that they had lost or misplaced that
key; and, that she gave them a replacement key to permit them access upon her return
from vacation and well prior to the end of the month.
NO ANSWER REQUIRED. The averment in Paragraph 36 of Defendant's New Matter is
a conclusion of law to which no response is required. By way of further Answer, it is
averred that PP&L was given a replacement key and the electricity was never shut off, and
therefore Defendant was never deprived of the beneficial use of the property so as to amount
to a constructive eviction.
DENIED. It is denied that Defendant was constructively evicted and had to leave the
premises. By way of further answer it is averred that:
- 3_3_ -
Defendant vacated the leased premises while Plaintiff was away on vacation in order
to avoid paying the April, 2003 rent that was overdue as well as rent that would have
become due thereafter until proper thirty days written notice was given as required by
the lease.
There was no reason for Defendant to terminate the Lease at any time, other than at
the end of the term and upon giving the proper thirty day written notice as required
by the Lease, since Defendant's electricity was never shut off, and his termination and
vacating of the leased premises occur well prior to the date he alleged PP&L would
have terminated his electricity.
Co
Defendant was aware that Plaintiffwas returning from her vacation on April 14, 2003
(well before PP&L's alleged shut off date of April 30, 2003) and could have given
PP&L access to the basement at that time, which in fact was done.
Defendant never called Plaintiffon her cell phone even though instructions were left
on her answering machine for him to do so in the event any matter needed to be
handled during her absence. On April 5, 2003, Defendant left a message on her
answering machine and was well aware her instructions to call her if necessary and
nonetheless made no attempt to call her so that she could take action during her
absence.
Defendant was aware that the tenant in Apt. #2 had a key to the basement and was
permitted to give access to PP&L for the purpose of reading the meter.
PP&L never contacted the Plaintiff and asked her to give PP&L access to the
basement even though they had her address and phone number.
Plaintiff contacted PP&L on April 14, 2003 and made arrangements to provide them
with access to the basement, and in that call or at any other time PP&L made no
mention of any threat to shut off the electricity.
H. PP&L never shut off the electricity to the leased premises.
IfPP&L threatened to cut off Defendant's electricity, it was because of his failure to
pay his bill to PP&L and failure to pay PP&L a requested security deposit.
- 3_2 -
36.
37.
Plaintiff previously gave a key to the basement to PP&L so as to permit them to have
ready access to the basement to read the meter; that they had lost or misplaced that
key; and, that she gave them a replacement key to permit them access upon her return
from vacation and well prior to the end of the month.
NO ANSWER REQUIRED. The averment in Paragraph 36 of Defendant's New Matter is
a conclusion of law to which no response is required. Ifa response is deemed to be required,
it is averred that Plaintiff did provide Defendant with a habitable premises.
DENIED. It is denied that Plaintiff failed to provide PP&L access to the electric meter, and
it is further denied that the property became uninhabitable.
WHEREFORE, Plaintiff respectfully requests this Honorable: Court to enter judgement in favor
of Plaintiff and against Defendant in the amount of at least $7,804.77 together with costs of suit.
Respectfully submitted,
---C~mp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Plaintiff
- 3_3 -
18:24 DIANE G RADCL;FF
VERIFICATION
I verify tha~ Ge statements made in the foregoing Answ¢i' to New Matter are ~xue and correct.
I anderstand that false statements llcrein are made subject to the penalties of 18 Pa.C.S. Section
490~,, relating to unswom falsification to authorities.
Si-IARON CURL
- 7
CERTIFICATE OF SERVICE
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on September 30, 2003, I served
a true and correct copy of the foregoing Complaint upon Defendant's Attorney, by mailing same
by first class mail, postage prepaid, addressed as follows:
Daniel D. Wofley, Esquire
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
Respectfully submitted,
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ROBERT AUSTIN
VS.
SHARON CURL
Plaintiff : NO. 03-3676 CIVIL TERM
CIVIL ACTION - LAW
Defendant :
IN CONTRACT
TO:
Robert Austin
Daniel D. Worley, Esquire
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
NOTICE TO PLEAD
You are hereby notified to file a written response to the endorsed New Matter and Counterclai
within 20 days from service hereof or a judgment may be entered against you.
Respectfully submitted,
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Cotlrt ID # 32112
Attorney for Defendant
m
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ROBERT AUSTIN
VS.
SHARON CURL
Plaintiff
Defendant
NO. 03-3676 CIVIL TERM
CIVIL ACTION - LAW
IN CONTRACT
ANSWER TO PLAINTIFF'S COMPLAINT
WITH NEW MATTER AND COUNTERCLAIM
AND NOW, this ~ I day of October, 2003, comes the Defendant, Sharon Curl, by her attom¢
Diane G. Radcliff, Esquire, and files this Answer to Plaintiff's Complaint with New Matter a]
Counterclaim as follows:
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT
ADMITTED. It is admitted that the Plaintiff, Robert Austin, is an adult individual residi:
at 79 Clay Road, Carlisle, Cumberland County, Pennsylvania 17013. (Plaintiffis sometim
herein referred to as "Austin".)
o
ADMITTED. It is admitted that the Defendant, Sharon Curl, is an adult individual residi:
at 1000 A Otto Drive, Mechanicsburg, Cumberland County, Pennsylvania 1705
(Defendant is sometimes herein referred to as "Curl".)
ADMITTED. It is admitted that Curl is the owner of the real estate known as 11 South
Street, Carlisle, Pennsylvania 17013.
ADMITTED WITH FURTHER ANSWER. It is admitted that on or about Septembe
1998 Austin and Curl entered into a lease agreement regarding the basement apartment
-2-
lg
lg
5.
itt
11 South Pitt Street (herein referred to as "the Leased Premises"). By way of furth ~r
Answer, it is averred that a tree and correct copy of the Lease (herein referred to as "ti te
Lease") is attached hereto marked Exhibit "D-I" and made a part hereof.
DENIED WITH FURTHER ANSWER. Curl is without knowledge or information as
the truth or falsity of the averment set forth in Paragraph 5 of Austin's Complaint that "(
or about April 1, 2003 PP&L contacted Plaintiff and in~,Srmed him that his electricity wou
be shut off at the end of the month because they could not read the meter and had se
estimated bills for a year.", and said averment is, therefore, denied. Curl demands pro
thereof at the trial of this case, if relevant. By way of fUrther Answer, it is averred that
Austin vacated the Leased Premises while Curl was away on vacation in order
avoid paying the April, 2003 rent that was overdue as well as rent that would ha
become due thereafter until the proper thirty (30) day advance written notice
terminate was given as required by the Lease.
IO
~d
)f
7e
Austin never called Curl on her cell phone even though as of April 5, 2003, he w ~s
aware of the instructions left on Curl's answering machine for him to call her on h er
cell phone in the event any matter arose that needed to be handled during sr
absence.
-3-
Austin was aware that Curl was returning from l~ter vacation on April 14, 2003 (w~ ~11
before PP&L's alleged shut off date of April 30, 2003) and could have given PP& L
access to the basement at that time, which in fact was done.
There was no reason for Austin to attempt to terminate the Lease at any time, otb :r
than at the end of the term and upon giving the proper thirty (30) day advance writt, :n
notice as required by the Lease, since Austin's electricity was never shut off, and ~ is
April 12, 2003 attempted termination of the ]Lease and vacating of the Leas,~d
Premises was prior to the April 30, 2003 date he alleged PP&L threatened to
terminate his electricity.
Austin was aware that the tenant in Apt. #2 had a key to the basement and
permitted to give access to PP&L for the purpose of reading the meter.
PP&L never contacted Curl and asked that she give PP&L access to the baseme
even though they had her address and phone nuraber.
Curl contacted PP&L on April 14, 2003 and made arrangements to provide them wi
access to the basement, and PP&L made no mention of any threat to shut off
electricity in that call nor at any other time.
PP&L never shut offthe electricity to the Leased Premises. It is not PP&L polic)
shut offa customer's electricity as the result of estimating of bills.
IfPP&L threatened to cut offAustin's electricity, it was because of his failure to p~
his bill to PP&L and failure to pay PP&L its requested security deposit. It is PP&I
policy to shut off a customer's electricity due to non-payment and/or failure to pa)
required security deposit.
Curl previously gave a key to the basement to PP&L so as to permit them to ha
ready access to the basement to read the meter; PP&L lost or misplaced that key; an
Curl gave them a replacement key to permit them access upon her April 13,201
return from vacation and well prior to the April 30 2003 date Austin alleged PP&
threatened to terminate his electricity.
ADMITTED WITH FURTHER ANSWER AND CLARIFICATION. Subject to
following clarification, it is admitted that Austin could not provide PP& L access to the m~
because he did not have a key. By way of further Answer and by way of clarificatio
it is averred that:
Austin had no right of access to the basement as lhe basement had not been leased
him.
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Austin was aware that the tenant in Apt. #2 had a key to the basement and
permitted to give access to PP&L for the purpose of reading the electric meter.
Curl had previously given a key to PP&L so as to permit them to have ready acce
to the basement to read the meter, and as soon as she learned PP&L had lost the
she provided them with a replacement key so that PP&L could read the meter at ti
convenience.
PP&L had Curl's telephone number and address and never contacted her to ask her 1
access to the basement in order to read the meter.
DENIED WITH FURTHER ANSWER. It is denied that on April 4, 2003, Austin call
Curl intending to ask her to let PP&L check the meter. On the contrary and by way
further Answer it is averred that:
ao
The only time Austin ever called Curl was on April 5, 2003, four (4) days after t
alleged call he received from PP&L.
With respect to the averment as to Austin's intent in making this phone call, ss
averment is denied as Curl is without knowledge or information as to the truth
falsity of that averment set forth in Paragraph 7 of Austin's Complaint that "Plaint
called Sharon Curl intending to ask her to let PP&L check the meter.", and sa
averment is, therefore, denied. Curl demands proof thereof at the trial of this case
relevant.
ADMITTED WITH FURTHERANSWERAND CLARIFICATION. It is admitted ti
Curl's message on her answering machine indicated that she was away on vacation. By w:
of further Answer and clarification, it is averred that:
Curl's answering machine message also informed callers that if they needed to rea,
her during her vacation for any reason whatsoever that required her attention, th,
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should call her on her cell phone, which cell phone number was provided.
Austin never called Curl on her cell phone during her vacation from April 1, 20
through April 13, 2003.
Had Austin called Curl on her cell phone during the period April 1, 2003 throu
April 13, 2003, Curl would have had the ability to correct the alleged situation
PP&L during her absence.
DENIED WITH FURTHER ANSWER. It is specifically denied that Austin, faced w:
having his electricity being shut off, left a message for Curl stating that he was no lonE
going to rent the property because his electricity was being shut off. On the contrary a~
by way of further Answer, it is averred that:
Curl's answering machine message, which was heard by Austin on April 5, 2003, al
informed callers that if they needed to reach her during her vacation for any reas
whatsoever which required her attention, they should call her on her cell phone, whi
cell phone number was provided.
Austin never called Curl on her cell phone during her vacation from April 1, 20'
through April 13, 2003.
Had Austin called Curl on her cell phone during the period April 1, 2003 throu.
April 13, 2003, Curl would have had the ability to correct the alleged situation wi
PP&L during her absence.
The only message left by Austin was on Curl's answering machine on April 5, 20£
which message was limited to a request for Curl to contact PP&L to allow them
have access to the basement to read the meter. Irt that message, nor at any other fir
did Austin ever informed curl that he was terminating the Lease.
E. Austin vacated the Leased Premises while Curl was away on vacation in order
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avoid paying the April, 2003 rent that was overdue as well as rent that would ha
become due thereafter until proper thirty (30) day advance written notice
termination was given as required by the Lease.
There was no reason for Austin to attempt to terminate the Lease at any time, otl~
than at the end of the term and upon giving the proper thirty (30) day advance wri~
notice to terminate as required by the Lease, since Austin's electricity was never s
off, and his April 12, 2003 attempted termination of the Lease and vacating oft
Leased Premises was prior to the April 30, 2003 date he alleged PP&L threatened
terminate his electricity.
Austin was aware that Curl was returning from her vacation on April 14, 2003 (w.
before PP&L's alleged shut off date of April 30, 2003), and she could have giv,
PP&L access to the basement at that time, which in fact was done.
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Curl contacted PP&L on April 14, 2003 and made arrangements to provide them wi
access to the basement, and PP&L made no mention of any threat to shut off
electricity in that call nor at any other time.
PP&L never shut off the electricity to the Leased Premises. It is not PP&L
IfPP&L threatened to cut off Austin's electricity, it was because of his failure to
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PP&L never contacted Curl to ask that she give PP&L access to the basement ew
though they had her address and phone number.
Austin was aware that the tenant in Apt. #2 had a key to the basement and w
permitted to give access to PP&L for the purpose of reading the meter.
Austin never called Curl on her cell phone even though as of April 5, 2003 he w ~s
aware of the instructions were left on Curl's answering machine for him to call her ~,n
her cell phone in the event any matter needed to be handled during her absence.
10.
11.
12.
13.
his bill to PP&L and failure to pay PP&L a requested security deposit. It is PP&I
policy to shut offa customer's electricity due to non-payment and/or failure to pa:
required security deposit.
Curl previously gave a key to the basement to PP&L so as to permit them to ha
ready access to the basement to read the meter; PP&L lost or misplaced that key; a
Curl gave them a replacement key to permit them access upon her return frc
vacation and prior to the April 30, 2003 date Austin alleged PP&L threatened
terminate his electricity.
DENIED WITH FURTHER ANSWER. It is denied that on or about April 12, 20'
Austin moved a few pieces of his personal property (the heavier items). By way of furth
Answer, it is averred that April 12, 2003, Austin vacated the Leased Premises and remov
all of his belongings with the exception of junk items which Curl reasonably believed he
behind in Leased Premises for her disposal in accordance with the terms of the Lease.
DENIED. Curl is without knowledge or information as to the truth or falsity of the averme
set forth in Paragraph 11 of Austin's Complaint that "While moving the items, Plaim
played music through is computer", and said averment is, therefore, denied. Curl deman
proof thereof at the trial of this case, if relevant.
DENIED. Curl is without knowledge or information as'to the truth or falsity of the averm¢
set forth in Paragraph 13 of Austin's Complaint that "On or about April 12, 2003 Plaint
checked his credit card statement over the internet with his computer located in
apartment ", and said averment is, therefore, denied. Curl demands proof thereof at the t
of this case, if relevant.
DENIED WITH FURTHER ANSWER. Curl is without no knowledge or information
to the truth or falsity of the averment set forth in Paragraph 13 of Austin's Complaint tk
"Plaintiff began making the repairs to the apartment including putting the first layers
drywall patch on a few blemishes on the walls.", and said averment is, therefore, denie
Curl demands proof thereof at the trial of this case, if relevant. By way of further Answ{
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14.
15.
it is averred that the drywall repairs performed by Austin were inadequate and not done
a workman like manner, and there were more than a few blemishes on the walls.
ADMITTED WITH FURTHER ANSWER. It is admitted that repairs to drywall ta
several applications to be done properly and include patching, sanding and painting, whi
could not be completed in one day. By way of further' Answer, it is averred that:
Austin vacated the Leased Premises on or about April 12, 2003, and due to t
condition in which the Leased Premises were left in a filthy and damaged state
repair and with junk strewn about the Leased Premises, and with his keys left on t
kitchen counter, Austin indicated to Curl, in her reasonable belief, that he did ~
intend on returning to the Leased Premises for any reason whatsoever, includi:
returning to complete the repairs that he started and performed in an unworkmanli
manner.
After wrongfully vacating the Leased Premises on April 12, 2003, Austin had no ri
to return to the Leased Premises to do repairs or to clean the Leased Premises.
No cleaning or repair materials or tools were four[d on the leased Premises at any ti
after April 12, 2003.
DENIED WITH FURTHER ANSWER. Curl is without knowledge or information as
the truth or falsity of the averment set forth in Paragraph 15 of Austin's Complaint that "t
or about April 17, 2003 Plaintiff returned to the apartment with a few friends and cleanii
materials to remove the rest of his property and clean the apartment before returning
keys to Defendant. ", and said averment is, therefore, denied. Curl demands proof thereof
the trial of this case, if relevant. By way of further Answer, it is averred that:
Ao
During the period between April 5, 2003 and April 17, 2003, Austin never contact,
Curl to inform her that he was terminating the Lease and moving from the Leas,
Premises.
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16.
17.
18.
Austin never gave Curl the required thirty (210) day advance written notice
terminate the Lease as set forth in and required by the terms of the Lease.
When Austin vacated the Leased Premises, he left a key on the kitchen counter whi
Curl reasonably thought was the key to the Leased Premises since her key did r
work as Austin had changed the locks to the Leased Premises without Cut
knowledge and consent.
When Austin vacated the Leased Premises on April 12, 2003, he left it in a filthy
damaged condition, and what repairs had been attempted by Austin prior to
vacating the Leased Premises were not properly done and did not return the leas
premises to the condition required by the terms of the lease.
DENIED. Curl is without knowledge or information as to the truth or falsity of the averme
that set forth in Paragraph 16 of Austin's Complaint that "On or about April 17, 20~
Plaintiff also intended to finish the repairs to the proper~y which he had previously started.
and said averment is, therefore, denied. Curl demands proof thereof at the trial of this ca~
if relevant.
DENIED WITH FURTHER ANSWER. It is specifically denied Austin had not vacat
nor did he intend to vacate the property by April 17, 2003. On the contrary and by w
of further Answer, it is averred that Austin vacated the property on or about April 12, 20'
and intended to vacate the property on that date. His vacating of the Leased premises w
witnessed by Curl's workman, Brian Barger, who saw Austin moving furniture, mattress~
bedding and numerous boxes and household items from the leased Premises and placi:
them in one large moving van and one regular van.
DENIED WITH FURTHER ANSWER. Curl is witl~tout knowledge or information as
the truth or falsity of the averment set forth in Paragraph 18 of Austin's Complaint
"Plaintiff attempted to enter the apartment and discovered that his key no longer fit the do
and that he looked in the window and discovered that his property was gone.", and sa
averment is, therefore, denied. Curl demands proof thereof at the trial of this case,
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19.
20.
21.
relevant. By way of further Answer, it is averred that Curl changed to locks to the Leas
Premises since Austin had vacated the Leased Premises without paying his last months re]
and had to do so because Austin has changed the locks before without her knowledge a:
consent, thereby denying her access to the Leased Premises as required under the terms
the Lease.
DENIED. Curl is without knowledge or information as 'to the troth or falsity of the avermc
set forth in Paragraph 19 of Austin's Complaint that "Plaintiff immediately contacted t
Carlisle Police Department to attempt to recover his personal property, "and said averme]
therefore, denied. Curl demands proof thereof at the trial of this case, if relevant.
DENIED WITH FURTHER ANSWER. Curl is without knowledge or information as
the truth or falsity of the averment set forth in Paragraph 20 of Austin's Complaint ti
"Plaintiff called the Defendant from the police station and spoke with Randall Task~
Defendant's boyfriend, who advised Plaintiff that his personal property had been remov
from the premises, thrown into the burn pit and burned. ", and said averment is, therefo]
denied. Curl demands proof thereof at the trial of this case, if relevant. By way of furth
Answer, it is averred that Austin spoke with Randall Tasker, Curl's significant other, W
informed Austin that the items left behind at the time Austin vacated the Leased Premis~
and without prior notice to Curl, were junk and that he'. intended on disposing of the sar
either by having them put in the dumpster or by burning them.
ADMITTED IN PART AND DENIED IN PART WITH FURTHER ANSWER. It
admitted that the property Curl removed from the Leased Premises included a comput,
computer components and a television and keys to the Leased Premises which were left,
the kitchen counter. It is denied that the television and computer were working, nor that C~
removed Austin's checkbook and financial information, or the items set forth in Austin's 1
attached Exhibit "A" to Austin's Complaint which were not set forth on Curl's list attach
as Exhibit "B" to the Austin's Complaint. By way of flarther Answer, it is averred that
A. The television, computer and scanner were not working.
Be
The keys to the Leased Premises were left on the kitchen counter thereby furtl~
indicating to Curl that Austin had vacated the I remises when Austin removed
belongings and property on April 12, 2003.
C. All of the remaining items were junk and of no value.
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22.
23.
24.
25.
26.
Curl was permitted to remove said items from the Leased Premises pursuant
Paragraph 4 of the Lease which provides that Curl" may dispose of all oftenan
property remaining on the premises after tenant has vacated the premises and
charge tenant for such removal costs and without any liability to account for tenc
for the value received for the items disposed".
ADMITTED WITH FURTHER ANSWER AND CLARIFICATION. It is admitted ti
Austin contacted an attorney who in mm sent a letter to Curl, at the end of April, 20(
demanding return of Austin's property or compensation for the value thereof. It is furtk
admitted that a copy of the letter is attached and marked as Exhibit "C" to Austi~
Complaint. By way of further Answer and by way of clarification, it is averred that.
June 27, 2003, the date of the District Judge's hearing, Austin's property was returned to h:
in the same condition it was when received by Curl received it.
ADMITTED. It is admitted that on or about the afternoon of June 26, 2003 Curl receiv
a fax from Austin's attorney stating that the property would be returned.
ADMITTED WITH FURTHER ANSWER AND CLARIFICATION. It is admitted ti
on June 27, 2003, Curl returned the majority of Austin's property in the back of a pick
truck. By way of further Answer and by way of clarification, it is averred that all
Austin's property that Curl obtained when Austin vacated the Leased Premises was return
to Austin on June 26, 2003.
DENIED WITH FURTHER ANSWER. It is denied, that the items of Austin's prope~
were dirty, moldy, damp and had a foul smell. On the contrary and by way of furth
Answer, it is averred that the property returned to Austin was in the same condition it w
when received by Curl.
DENIED WITH FURTHER ANSWER. It is specifically denied that the property return
to Austin after storage in a barn for three (3) months was destroyed. On the contrary al
by way of further Answer, it is averred that the property returned to Austin was in the sar
condition it was when that property was received by Curl and that:
A. The television, computer and scanner were not working when received by Curl.
B. All of the remaining items were junk and of no value.
C. Curl was permitted to remove said items from the Leased Premises pursuant
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27.
28.
29.
Paragraph 4 of the Lease which provides that Curl" may dispose o fall oftenan
property remaining on the premises after tenant has vacated the premises and
charge tenant for such removal costs and without any liability to account for tenc
for the value received for the items disposed".
DENIED WITH FURTHER ANSWER. It is denied that the property was returned
Austin before he had an opportunity to inspect it. On the contrary and by way of furth
Answer, it is averred that Austin was given the opportunity to inspect the items and declin
to do so prior to the return to his home.
DENIED WITH FURTHER ANSWER. Curl is witl~tout knowledge or information as
the truth or falsity of the averment set forth in Paragraph 28 of Austin's Complaint that "~
Plaintiff attempted to salvage his property from the bags returned to him by Defendant
was accosted by a putrid stench and as he reached in the trash can he was horrified toff.
a decomposing baby groundhog with maggots crawling from its carcass.", and said averme
is, therefore, denied. Curl demands proof thereof at the trial of this case, if relevant. By w
of further Answer, it is averred that:
Ao
Curl and an assistant inventoried Austin's property immediately prior to delivery
Austin and neither of them noticed any ground hog carcass.
Even if Austin's said averment is true, it creates no liability on the part of Curl, in ti
pursuant to Paragraph 4 of the Lease Curl was permitted to "dispose o fall of renan
property remaining on the premises after tenant has vacated the premises and
charge tenant for such removal costs and without any liability to account for tent
for the value received for the items disposed".
Curl only returned said items to Austin because he insisted on having them ev
though she was under no obligation to return them to him.
DENIED WITH FURTHER ANSWER. Curl is without knowledge or information as
the truth or falsity of the averment set forth in Paragraph 29 of Austin's Complaint ti
"Included in the returnedproperty was rotten food (rotten lettuce, ketchup, mayonnaise) t~
was removed from the refrigerator and stored in the barn for three months.", and sa
averment is, therefore, denied. Curl demands proof thereof at the trial of this case,
relevant. By way of further Answer, it is averred that Austin, by letter from his attorne
demanded a return of all of his items, including the return of food goods, and Curl compli
with his request, which return did not include lettuce.
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30.
31.
32.
33.
34.
ADMITTED WITH FURTHER ANSWER. It is admitted that because Austin's Comc~
cable box was removed from the apartment and never returned to him, he was unable
return it to Comcast. By way of further Answer, it is averred that Curl returned the cal~
box to Comcast.
DENIED. Curl is without knowledge or information as to the truth or falsity of the averme
set forth in Paragraph 31 of Austin's Complaint that "Comcast has continued to bill t
Plaintiff for the box and service, a printout of which is attached to Plaintiff's Exhibit D a:
the box is marked as AD J-OB(i).", and said averment is, therefore, denied. Curl deman
proof thereof at the trial of this case, if relevant.
DENIED WITH FURTHER ANSWER. Curl is witl~tout knowledge or information as
the truth or falsity of the averment set forth in Paragraph 32 of Austin's Complaint ti
"Plaintiff has been unable to determine if the cable box has been returned by the Defend~
as of October 2, 2003. ", and said averment is, therefore, denied. Curl demands proof there
at the trial of this case, if relevant. By way of further Answer, it is averred that C~
returned the cable box to Comcast.
DENIED. Curl is without knowledge or information as to the truth or falsity of the averme
set forth in Paragraph 33 of Austin's Complaint that "As of October,, 2, 2003 Comcast h
advised Plaintiff that the outstanding bill is being sent to collection. , and said averment
therefore, denied. Curl demands proof thereof at the trial of this case, if relevant.
DENIED WITH FURTHER ANSWER. Curl is witl~tout knowledge or information as
the truth or falsity of the averment set forth in Paragraph 34 of Austin's Complaint ti
"Plaintiff replaced the property after being tom it was destroyed. A copy of a receipt alo:
with copies of estimated replacement costs for the computer equipment is attached a:
marked Exhibit E." And said averment is, therefore, denied. Curl demands proof thereof
the trail of this case, if relevant. By way of further Answer, Curl avers that:
A. Austin was never advised that the property was destroyed.
On June 27, 2003 Curl returned all of the property that Austin left in the Leas
Premises when he vacated on April 12, 2003 in tl~te same condition it was upon Cur
receipt. The property returned to Austin is set forth on Exhibit B attached to Austi~
Complaint.
C. The items set forth on Exhibit A attached to Austin's Complaint that are not set fo~
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35.
36.
37.
38.
on Exhibit B attached to Austin's Complaint were not left in the Leased Premis
when Austin vacated on April 12, 2003 and Curl did not obtain possession of st
items at the time Austin vacated the Leased Premises.
The items set forth on Exhibit E attached to Austin's Complaint do not represent
in-kind replacement, and include computer items;, software and accessories that we
not left in the Leased Premises when Austin vacated on April 12, 2003 and Curl C
not obtain possession of said items at the time Austin vacated the Leased Premis~
DENIED WITH FURTHER ANSWER Curl is without knowledge or information as
the truth or falsity of the averment set forth in Paragraph 35 of Austin's Complaint t[
"Plaintifflostpictures, personal and financial information stored on his computer. ", and st
averment is, therefore, denied. Curl demands proof thereof at the trail of this case,
relevant. By way of further Answer, Curl avers that all of Austin's property was return
to him; the computer had been fixed, and all financial information that had been on t
computer, if any, was accessible to him upon the return of the computer.
DENIED WITH FURTHER ANSWER. It is denied that Curl stated that the computer w
given to a third party to determine if it worked. By way of further Answer, it is averred ti
neither Curl nor her agents accessed, or attempted to access, the computer, and due to t
condition in which the computer and Leased Premises were found, and upon finding ti
some of the items were inoperable, it was determined that the computer did not work and ti
Austin purposely left it behind as junk.
DENIED. Curl is without knowledge or information as to the truth or falsity of the averme
set forth in Paragraph 37 of Austin's Complaint that "Plaintiff believes and avers that t
third party accessed the personal information contah~ed on Plaintiff's computer's ha
drive." And said averment is, therefore, denied. Curl demands proof thereof at the trail
this case, if relevant. By way of further Answer, it is averred that neither Curl nor ?
agents accessed, or attempted to access, the computer, and due to the condition in which t
computer and Leased Premises were found, and upon finding that some of the items we
inoperable, it was determined that the computer did not work and that Austin purposely 1~
it behind as junk.
DENIED WITH FURTHER ANSWER. It is specifically denied that Austin has sustain
substantial financial damages exceeding $5,000 trying to recover and replace his wrongful
converted property. By way of further Answer, it is averred that:
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39.
Pursuant to the provisions of Paragraph 4 of the Lease, Curl was permitted to dispe
o fall of Austin's property remaining on the Leased Premises after Austin had vacat
the Leased Premises on April 12, 2003, without any liability to Austin and to char
Austin for such removal costs. Therefore, Curl has no liability to Austin as a res~
of the removal of Austin's property from the Leased Premises which he left behi:
when he vacated the Leased Premises on April 12, 2003.
On or about April 12, 2003, Austin removed the :majority of his property, leaving t
Leased Premises in a filthy and damaged state, with junk items of no value strex
about, and having the appearance of being abandoned.
On June 27, 2003 Curl returned all of the property that Austin left in the Leas
Premises when he vacated on April 12, 2003, in the same condition that property w
upon Curl's receipt. The property returned to Austin is set forth on Exhibit B attach
to Austin's Complaint and incorporated by reference hereto, which are the items ti
Austin acknowledged at the District Justice hearing on June 27, 2003 were remov
by Curl.
The list of items set forth on Exhibit "A" attached to Austin's Complaint, a
incorporated by reference hereto, includes items that are not set forth on Exhibit "]
attached to Austin's Complaint, and incorporated by reference hereto. The items ti
were not so included on Exhibit "B" were not left in the Leased Premises when Aus]
vacated on April 12, 2003, and Curl did not obtain possession of said items at t
time Austin vacated the Leased Premises.
me
The computer items set forth on Exhibit "E" attached to Austin's Complai]
incorporated by reference hereto, do not represent an in-kind replacement of wi
Austin claims was wrongfully converted. Said Exhibit"E" items include an upgrad
computer, software and accessories that were not left in the Leased Premises wh
Austin vacated on April 12, 2003 and Curl did not obtain possession of said items
the time Austin vacated the Leased Premises.
NO ANSWER REQUIRED. The averment set forth in Paragraph 39 of Austin's Complai
that "the amount of Plaintiff'x damages falls in the range of compulsory arbitratio
therefore, this matter should be referred to arbitration." is not an averment to whicl~
response required.
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WHEREFORE, Defendant, Sharon Curl, respectfully requests this Honorable Court to enl
judgement in favor of Defendant and against Plaintiff plus costs of suit and attorney fees.
40.
41.
42.
43.
44.
45.
46.
DEFENDANT'S NEW MATTER AND COUNTERCLAIM
TO PLAINTIFF'S COMPLAINT
Curl incorporates by reference the answers and averments set forth in Paragraph 1 throu
39 herein, the same as of fully set forth at length herein.
Austin vacated the Leased Premises while Curl was away on vacation in order to aw
paying the April, 2003 rent that was overdue as well as rent that would have become d
thereafter until the proper thirty (30) day advance written notice to terminate was given
required by the Lease.
There was no reason for Austin to attempt to terminate the Lease at any time, other than
the end of the term and upon giving the proper thirty (30) day advance written notice
required by the Lease, since Austin's electricity was never shut off, and his April 12, 2¢
attempted termination of the Lease and vacating of the Leased Premises was prior to t
April 30, 2003 date he alleged PP&L threatened to ten~inate his electricity.
Austin was aware that Curl was returning from her vacation on April 14, 2003 (well befc
PP&L's alleged shut off date of April 30, 2003) and could have given PP&L access to t
basement at that time, which in fact was done.
Curl's answering machine message, which was heard by Austin on April 5, 2003, inform
callers that if they needed to reach her during her vacation for any reason whatsoever whi
required her attention, they should call her on her cell plhone, which cell phone number w
provided.
Austin never called Curl on her cell phone even though as of April 5, 2003, he was aware
the instructions left on Curl's answering machine for him to call her on her cell phone in t
event any matter arose that needed to be handled during her absence.
Had Austin called Curl on her cell phone during the period April 1, 2003 through April
2003, Curl would have had the ability to correct the alleged situation with PP&L during
absence.
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47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
Austin was aware that the tenant in Apt. #2 had a key to the basement and was permitted
give access to PP&L for the purpose of reading the meter.
PP&L never contacted Curl and asked that she give PP&L access to the basement ev
though they had her address and phone number.
Curl contacted PP&L on April 14, 2003 and made arrangements to provide them with acce
to the basement, and PP&L made no mention of any tl'n;eat to shut off the electricity in tlc
call nor at any other time.
PP&L never shut offthe electricity to the Leased Premises and it is not their policy to sl~
off electricity as the result of the estimating of electric 'bills.
IfPP&L threatened to cut offAustin's electricity, it was because of his failure to pay his b
to PP&L and failure to pay PP&L its requested security deposit. It is PP&L's policy to sh
off a customer's electricity due to non-payment and/or failure to pay a required securi
deposit.
Curl previously gave a key to the basement to PP&L :so as to permit them to have rea~
access to the basement to read the meter; PP&L lost or misplaced that key; and, Curl ga
them a replacement key to permit them access upon her April 13, 2003 return from vacati~
and well prior to the April 30 2003 date Austin alleged PP&L threatened to terminate
electricity.
During the period between April 5, 2003 and April 17, 2003, Austin never contacted Curl
inform her that he was terminating the Lease and moving from the Leased Premises.
Austin never gave Curl the required thirty (30) day advance written notice to terminate
Lease as set forth in and required by the terms of the Lease.
When Austin vacated the Leased Premises, he left a key on the kitchen counter which Ct
reasonably thought was the key to the Leased Premises since her key did not work as Aust
had changed the locks to the Leased Premises without Curl's knowledge and consent.
When Austin vacated the Leased Premises on April 12, 2003, he left it in a filthy a~
damaged condition, and what repairs had been attempted by Austin prior to his vacating ti
Leased Premises were not properly done and did not return the leased premises to
- 18-
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condition required by the terms of the lease.
57.
58.
59.
60.
61.
62.
63.
64.
65.
Austin vacated the Leased Premises on or about April 12, 2003, and due to the condition
which the Leased Premises were left in a filthy and damaged state of repair and with jm
strewn about the Leased Premises, and with his key left on the kitchen counter, Aust
indicated to Curl, in her reasonable belief, that he did not intend on returning to the Leas,
Premises for any reason whatsoever, including returning to complete the repairs that l
started and performed in an unworkmanlike manner.
After wrongfully vacating the Leased Premises on April 12, 2003, Austin had no right
return to the Leased Premises to do repairs or to clean the Leased Premises.
No cleaning or repair materials or tools were found on the leased Premises at any time afl
April 12, 2003.
Austin to not return the Leased Premises to Curl in a proper condition as required by t
Lease.
Curl changed to locks to the Leased Premises since Austin had vacated the Leased Premis
without paying his last months rent, and had to do so because Austin has changed the loc
before without her knowledge and consent, thereby denying her access to the Leas.
Premises as required under the terms of the Lease.
The keys to the Leased Premises were left on the kitchen counter thereby further indicati]
to Curl that Austin had vacated the Premises when Austin removed his belongings
property on April 12, 2003.
On or about April 12, 2003, Austin removed the majority of his property, leaving the Leas.
Premises in a filthy and damaged state, with junk items of no value strewn about, and havi]
the appearance of being abandoned.
All of the items of personal property that Austin left behind in the Leased premises wh.
Austin vacated it on April 12, 2003, were junk and of no value.
Pursuant to the provisions of Paragraph 4 of the Lease, Curl was permitted to dispose of:
of Austin's property remaining on the Leased Premises after Austin had vacated the Leas.
Premises on April 12, 2003, without any liability to Austin, and to charge Austin for su,
removal costs. Therefore, Curl has no liability to Austin as a result of the removal
- 19-
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Austin's property from the Leased Premises which he left behind when he vacated
Leased Premises on April 12, 2003.
66.
On June 27, 2003 Curl returned all of the property that Austin left in the Leased Premi
when he vacated on April 12, 2003, in the same condition that property was upon Cur]
receipt. The property returned to Austin is set forth on Exhibit B attached to Austi~
Complaint and incorporated by reference hereto, which are the items that Aus!
acknowledged at the District Justice hearing on June 2;7, 2003 were removed by Curl.
67.
The list of items set forth on Exhibit "A" attached to Austin's Complaint, and incorporat,
by reference hereto, includes items that are not set forth on Exhibit "B" attached to Austi~
Complaint, and incorporated by reference hereto, which Exhibit "B" represent the items t?
Austin left behind in the Leased Premises when he vacated on April 12, 2003, and whi,
Curl had temporary possession of from April 12, 2003 until June 27, 2003 when she return,
them to Austin. The items that were not so included on Exhibit "B" were not left in t
Leased Premises when Austin vacated on April 12, 2003, and Curl did not obtain possessi,
of said items at the time Austin vacated the Leased Premises.
68.
The computer items set forth on Exhibit"E" attached to Austin's Complaint, incorporated]
reference hereto, do not represent an in-kind replacement of what Austin claims w
wrongfully converted. Said Exhibit "E" items include an upgraded computer, software a]
accessories that were not left in the Leased Premises when Austin vacated on April 12, 20~
and Curl did not obtain possession of said items at the time Austin vacated the Leas
Premises.
WHEREFORE, Defendant, Sharon Curl, respectfully requests this Honorable Court to enl
judgement in favor of Defendant and against Plaintiff plus costs of suit and attorney fees.
DEFENDANT'S COUNTERCLAIM
69.
Curl incorporates by reference the answers and averments set forth in Paragraph I throu
68 herein, the same as of fully set forth at length herein.
70.
On or about September 5, 1998, Curl and Austin entered into a lease agreement (her~
referred to as "the Lease" wherein Austin agreed to lease from Curl the basement apartme
of 11 South Pitt Street, Carlisle, PA 17013, (herein referred to as "the Leased Premises'
- 20 -
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71.
72.
A true and correct copy of the Lease is attached hereto, marked Exhibit "D-I" and made
part hereof.
On February 4, 1998, the aforesaid Lease converted to a month to month lease.
The following are the pertinent provisions of the Lease:
The rent in the original Lease was $320.00. Commencing with the month of ME
2001 the rent payable under the Lease increased to the rent of $350.00 per montl~
If the rent was not paid within 2 days of its due date (being by the 7th of the montl
there was an one time late charge of $40.00 due and payable by Tenant.
If the rent was not paid within 2 days of its due date (being by the 7th of the montl 0
there was an additional $4.50 per day late fee charge until the rent was paid due a~ d
payable by Tenant.
Do
Tenant was required to give a thirty (30) day advance written notice of terminati{ ~n
of the Lease before the end of the month, which notice was to be effective as oftl te
end of the next month. Failure to give such notice or not completing the Lease Tern
resulted in forfeiture of the security deposit.
Tenant is to pay for any damages, carpet cleaning, general cleaning and all oth
obligations under the Lease not covered by the security deposit;
Go
Landlord had the right to dispose of all of Tenant's property remaining on tlte
premises after Tenant vacated the Leased Premises and to charge Tenant for su, :h
removal without any liability to account to Tenant for the value received for the iter ~s
disposed.
Landlord may assess Tenant for all reasonable attorneys fees and costs incurred l~y
Landlord in enforcing Landlord's rights under the Lease, including but not limited to
all attorneys fees and costs incurred by Landlord is securing Tenant's removal frcm
-21 -
Tenant was to restore the Leased Premises to the same good order and conditi~ ~n
which it was at the time the Lease commenced., and if Tenant failed to do s ~,
Landlord could restore the premises and collect the same from Tenant as additio~ al
rent.
73.
74.
75.
76.
the Leased Premises and in securing payment of all sums due Landlord under ti
Lease, in which event tenant specifically agreed to pay such attorneys fees and cost
Austin vacated the Leased Premises on or about April 12, 2003, without Curl with the thir
(30) day advance written notice to terminate required hy the terms of the Lease, and sa
written notice to terminate has never been given by Austin to Curl as of the date hereof.
Austin failed to pay the rent for the months of April and ]Vlay, 2003 in the amount of $350.(
per month for a total of $700.00, or any other month thereafter that may have become d~
and payable until the Lease was properly terminated in accordance with the terms of
Lease.
Austin failed to pay the late fees which as of October 15, 2003 were in the amount
$4,473.50, due and owing under the Lease as set forth the in document entitled "Calculati(
of Late Fees as of 10/15/03", a true and correct copy of which is attached hereto, mark~
Exhibit "D-2" and made a part hereof.
Austin damaged the Leased Premises, the cost of repair of which is $1,850.27 as set for
in the Invoices and Receipts attached hereto, collectively marked Exhibit "D-3" and ma~
a part hereof.
77. Austin breached the terms of the Lease in that:
A. He failed to pay rent for the months of April and[ May of 2003;
He failed to pay the late charges in the amount of $4,473.50 set forth in the docume
entitled "Calculation of Late Fees", a true and correct copy of which is attach,
hereto, marked Exhibit "D-2" and made a part hereof.
He vacated the Leased Premises without giving the required thirty (30) day advan
written notice to Curl;
He failed to properly clean the Leased Premises upon vacating as required by
Lease;
He failed to restore the Leased Premises to the same condition as it was at
commencement of the Lease and as repaired thereafter;
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He damaged the Leased Premises the costs of repair of which is in the amount ~
$1,850.27, as set forth in the Invoices and Receipts attached hereto, collectivel
marked Exhibit "D-3" and made a part hereof and failed to pay for such damages
78.
Curl has incurred attorneys fees and costs !,n, the amount of $3,923.02 through October 1.
2003 as set forth in the document entitled Summary of Attorneys Fees and costs 5/2/01
10/10/03", a true and correct copy of which is attached hereto, marked Exhibit "D-4" ar
made a part hereof, and will incur additional attorneys fees through the conclusion of th
case. Pursuant to the terms of the Lease, Austin is responsible for the payment of those fe~
and costs and claim is made therefor.
79.
As the result of Austin's breach of the Lease, Austin owes Curl the amount of at lea
$10,946.79 and costs of suit as set forth on the document marked "Calculation to Tot
Amount Claimed by Landlord through 10/15/03" a true and correct copy of which is attach{
hereto, marked Exhibit "D-5" and made a part hereof.
80.
,f
d
This counterclaim has also been raised as a separate claim in the Cumberland County actk n
docketed to No. 03-3676 CIVIL TERM, and is raised herein for purposes of consolidati~ g
the two actions. A separate judgement is not requested in both actions.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgement in fav
of Plaintiff and against Defendant in the amount not less than $1.0,946.79, together and no more th~
the limits for compulsory arbitration, together with costs of suit.
Respectfully submitted,
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for ]Defendant, Sharon Curl
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VERIFICATION
I verify that the statements made in the foregoing Answer to Plaintiff's Complaint with Ne
Matter and Counterclaim are true and correct. I understand that false statements herein are mar
subject to the penalties of 18 Pa.C.S. Section 4904, relating to ~mswom falsification to authoriti¢
'SHXRON
Date:
CERTIFICATE OF SERVICE
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on October o~'5~, 2003 1 serv~
a true and correct copy of the foregoing Answer to Plaintiff's Complaint with New Matter ar
Counterclaim upon Plaintiff's Attorney, by mailing same by first class mail, postage prepai
addressed as follows:
Daniel D. Worley, Esquire
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
Respectfully submitted,
a nlm ESQU
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Defendant, Sharon Curl
EXHIBIT D-1
LEASE
R__ESIDENTI2LL LEASE AGREEMENT
between ~haror Curl, as agent for Landlord (hereafter "Land]_ord") and
~obert Am~t~n and Robin B~u-{[[ (hereafter "Tenant"). Parties agree as
AGREFI4ENT TO LEASE. Landlord ~grees to rent 'to Tenant and Tenant
agrees to rent from Landlord, 'the property known as Apt. 6, ]1 $. Pitt
..'.5.'~reet, Carlisle, PA 17013 consisting of a one bedroom apartment. The
lease 'term will begin on September ~, 1998 and ends on February ~, 1999.
_RENT. Tenant shall pay to Landlord weekly rental payments of $85.00 pe
week due on every Friday' of each week or Tenant may make monthly rent
payments of $320.00 per' month due in advance on the 4th day of each month
for a total lease payment of $2,040.00. (Post-dated checks will not be
cuep~2ed). First week's rent of $85.00 is due on 9/4/98 and Security
deposit of $320.00 is due on 9/4/98. If Tenant does not move into
apartment by 9/8/98 and/or does not honor lease then lease is termJ, nated
without further notice and first week's rent and security deposit shall b
forfeited as damages and for costs 'to re-rent premises. Rent shall be pa~
by Tenant to Landlord at: _Sharon Curl, 1000A Otto Drive, Mechanicsburc,
17055 Phone No. 691-8634. -
LATE PAYMENTS. If Tenant/does not pay any monthly rental payment within
two (2) days following the date it is due then ad0itional charge of $40
shall be charged to Tenant. If rent remains unpaid after two days, hhen a
fee of $4.50 per day will be charged beginning on the 3rd day. Payment of
rent shall be deemed to occur upon Landlord, s receil~t and not on date rent
is mailed, rena~ t must mai3_ rent in ~ff~z, lent 'time to be received by due
..date. Any 3_ate payments will be made part of Tenant's rent payment
history.
RETURNED CHECKS. Tenant shall be charged $25.00 for each check that is
returned to Landlord for lack of sufficient funds or any other reason.
Check must be made good within 48 hours after Tenart is notlft=
will not r~d~=~osi~ .......... . ', 'ed. Landlor
l--~-, .... ~ ? i ~-~urneu checks. Returned checks will be~c~ ~' -
It} ]enL. aIl(l no a~.scounh for that month ~=~ ~-,~ ~-,-. -~ -~ ~o}dezed
z']gl[t-te re u' ~= : ' ~=~ ~u= uu~en. Larl~iorQ nas the
'---'.. ~q zr_ tenant to pay future rent b ce -' '
er baak cashier's check jf m~.~ ~,. y rtl.filed check, money order
lease term. - ~-. ~nan one rent check bounces during the
R~_~N~WAL 'i'EP~IS. After after above term expires, hhis Lease Agreement
renews automahioally for 30 day intervals until 30 days written notice is
givea by eith'er party or a new lease is isssued. No lease will go
month-to-month, afte~ September 1. Failure to cive a 30 day w~-itten no~ice
or not completing the lease term will result in forfeiture of the security
deposit. The 30 day written termination notice must be given on or bel ore
the end of the 30 day rental period and will be effective ~o terminate this
agreement as of the cad of the following 30 day rental period. Tenant may
renew this Agreement for one year and at the prevailing market rent for the
property. The rental payments shall not be reduced or prorated if Tenant
vacates (leaves) the premises prior to the end of the lease term, or if
Tenant leawes in the middle of any lease month occurring after termination
of this lease~ unless Landlord agrees to such reduction.
HOLDOVER. If Tenant does not vacate 'the leased property at the end
the lease, or earlier termination thereof, Tenant shall be required to
Landlord for occupancy of the premises, the amount of $420.00 per month'
until Tenant vacates and surrenders the property to Landlord. This
occupancy charge and the Landlord's acceptance of payment thereof, shal[
not constitute a renewal of this lease, but rather is the charge to be
I~=~ant to Landlord els the .result of Tenant's wrongful holdover.
by -~
SECURITy DEPOSIT. Tenant shall pay Landlord a security deposit of
$320.00. This security deposit is made to cover cleaning of premises u}
termination of this lease at an agreed upon price of $125 (refundable at
discretion of Landlord) and any damages to the premises occarring during
Tenant's occupancy. It is not to be used by Tenant as payment of any re
In the event this lease term is longer than 'two (2} years or in the even
the Tenant rightfully occupies the leased premisas in excess of two (2)
years, at the end of the second lease year Landlord shall be required to
pay Tenant interest on the security deposit at the rate of four (4%)
per'cent pet' year commencing on the first day of the third year Tenant
occupies the premises with Landlord's consent. A two (2%) percent per y(
administration fee, which adminstration fee shall be paid to and retaine(
by landlord. This results in Tenant receiving interest on 'the security
deposit of two (2%) percent per year. Tenant hereby waives any right to
greater interest rate and all rights to require Landlord to deposit fund.
into an interest bearing account.
RET~/~N' OF SECURITY D
· ' EPOSIT. Within thirty (30) days of Tenant
vaeaktng the property and surrendering all keys to Landlord and Tenant
providing Landlord with written notice of Tenant's new address, Landlord
shall provide Tenant with a written list of all damages (if any) to the
proper'ty and the estimated costs of repair and shall refund to Tenant the
difference between the security deposit minus the cleaning fee of $125 (i~
necessary) minus the estimate repair costs for damages; however, Landlor¢
.shall not be required to refund any such excess if any rents or utilities
remain oatstanding as of. the date said refund is due. In which event
Landlord shall be entitled to apply this excess to any outstanding rent or
utilities. Landlord's obligations under th~s paragraph are conditioned
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2 Tcnsmt's/nifi~s ~ .?A
upon Tenant providing Landlord written notification of Tenant's new
address.
OCCUPANTS. The only persons
ti~e Tenant and no other p~rty. (2 occupants only) No additional occupan'
are permitted. For the purpose of this paragraph, additional occupant i
considered to be any individual residing at the leased premises for more
than 2 days. In such case, an additional charge of $15 per week per
occnpant will be charged and paid by Tenant.
allowed to occupy the leased property ar~
DELIVERY OF PREMISES. Tenant has examined the premises, including
appliances, fixtures, carpets, drapes and paint and have found them to b~
in good, safe and clean condition and repair. Tenant is leasing premise~
in its present condition. Landlord being under no duty to make
improvements or al'rotations hereafter. Ail imperfections in 'the premise~
are set forth on a .listing attached to this lease. This listing is
acknowledged by Landlord and Tenant and is attached for the sole purpose
listing i~erfections only -pr'lot to beginning of Tenant's occupancy ~nd
for determining any damages to the premises caused by Tenant during this
~ease. Tenant shall not be responsible for any imperfection set forth on
this list, but shall be responsible for any defects or damages not incluc
on this list.
USE OF PREMISES.~h~o leased property will only be used by Tenant. as a
residence. No commercial achJv-i, ties are permitted. Tenant will not ecc..~
the leased premises in any other name or for any other purpose than
called for in the lease and J.n addition agrees that 'the premises sha~.~' ' ' no
be occupied by more than one family.
UTILITIES. Tenant shall pay for the following utilities: electric,
heat, ~elephone, tv cable and trash. Landlord will pay water, sewer and
hot water.
During the term of this il_ease Tenant shall:
TE~NT OBLIGATIONS.
Pay all rent and all other charges her'e-hn provided when due.
Acceptance of any late payments by Landlord shall not excuse Tenant from
being required to make future payments on time ant shall not be a waiver
Landlord's rights and remedies.
- }<oep the property clean and free from dirt or other refuse;
replace alii broken glass windows or doors; and otherwise keep the propertI
in good maintenance and repair, in the same condition it was at the
beginning of this ].ease, ordinary wear and tear and damage by accidental
~f
ed
fire or other c~sual}y not occurring through Tenant's negligence excepted.
If premises needs repainted at end of tenant's occupancy then co~t of
painhing will be deducted from security deposit. Holes from pictures,
shelving, ehc must he patched, sanded and repainted by Tenant.
- Not permit any pets or other animals on the leased premises exoep
as listed below; to keep the property and l~w~ ~ree from any fleas, ticks
animal feces; and to repair any damage to the property caused by said pe~
or animals. PERMITTED PET(S): None
- Use every reasonable precaution against fire. Smoke detectors a~
in proper working order on beginning date of this lease agreement. Tenanl
is responsible for maintaining the smoke detectors and keeping them in
working order at all times thereafter.
- Not make or permit any disturbing noises by Tenant or members of
hhe family or visltors or do or permit anything to be done that would
disturb or interfere with the rights and convenience of other' tenants or
neighbors ho the leased premises.
- Comply with the requ'hrements of all public and governmental
authorities including but not limited to Federal., State and Local
governmental /.aw, regulations and ordinances applicable to Tenant's use of
hhe ].eased property and to pay all penalties, fines costs or damages
resulting from Tenant's failure to comply with any law, regulation or
ordinanoe.
- After 14 days, be responsible for the first $20 of any repai
to faucets, toilets, broken locks, cabinetry, door]{nobs, etc.
- Be responsible for repairs to all appliances from beginning date
lease when due to tenant neglect or abuse.
- Keep all drain pipes open and to pay the costs of cleaning waste
from them and keep all water supply llnes from freezing and to pay all
costs arising out of frozen pipes, including but not limited to damages
resulting from frozen pipe breakage.
- Keep all heat set at no less than 55 degrees between December 1 and
March 30 and to ufilize the heating systems in 'the leased premises and not
use alternative heating systems. Kerosene and space heaters are not
perr~itted. Any heating cost estimates given are only estimates and due to
variations in l'ena~}t habits, cost of fuel and the weather,
not guarantee ~hat costs wii1 be same as estimates.
Landlord does
obtain renter's insurance and ]provide proof of p~z'ohase to Landlord
P~nanc further agrees to maintain the policy throughout the duration
tenancy, and to furnish proof of insurance on a semi-annual basis.
Within seven days of the signing of this agreement, Tenant ~ill
of the
Pay for any damages, carpet cleaning, general cleaning and all
other obligations under this lease riot covered by the security deposit.
- Be responsible for the cost of treatment of the premises [and
adjeiaiag premises if nececessary] for the extermination ef roaches, fle~
or any other insect brought into the property by Tenant. Landlord will n~
treat ants, spiders, etc.
Have no water beds on the premises.
Not assign~ mortgage o~ pledge this lease or underlet or subleae
the leased premises er any part thereof, or permit any other person, fir~
or corporation 'to occupy the premises or any part thereof. If the Tenant
becomes embarrassed or insolvent, or makes assignment for the benefit of
creditors, or if a petition in bankruptcy is filed by or against the Tena
or a bill in equity or other proceeding for the appointment of a receiver
for 'the Tenant is filed, or if proceeding for reorganization or for
composition with creditors under any State or Federal laws be instituted
or against Tenant, or if the real or personal property of Tenant shall be
sold or levied upon by any Sheriff, Marshall or Constable, the same shall
be a violation of this paragraph.
Have all carpets professionally steam-cleaned and deodorized upon
leaving the premises and to furnish Landlord with a paid receipt. Use of
rental cleaners or personally owned eleaning units is not permitted and
will not be considered professionally cleaned. If Tenant fails to steam
clean carpets upon leaving, Landlord may do so and deduct the costs from
the security deposit.
Not make any alterations, improvements or additions to the leased
property. Ail alterations, additions or fixtures, where installed before
or after the execution of this lease, shall remain upon the premises at th
expiration or sooner termination of this lease and become the property of
Landlord, unless Landlord, prior to the termination of lease, gives writte
notice 'to Tenent to remove the same. In which event, Tenant will remove
such alterations, improvements and additions and restore the premises to
~S
the same gc. od o~[der and condition at which they are now. .If Tenant fai~s
to do so, Landlord may do so, collecting at Landlord's option, 'the costs
and expense t?..ereef from Tenant as additional rent.
- Be responsible for removal of snow and/or ice on steps into
apartment and in front of apartment door.
Not remove, or attempt to re~nove Tenant's goods or property from
premises without having first paid and satisfied Laadlord for all rent
which may become due during the entire term of tlhis lease.
- Not do or allow to be done any act, matter or 'thing objectionabl.
to the fire insurance company whereby the fire insurance or other insura:
shall become void or suspended or rate increased..
Comply will all future reasonable rules and regulations which
Landlord may' hereafter institute.
- Be responsible and agrees to relieve Lane[lord from any liability
for any injury er damage to any person(s) or property on or in the tease¢
premises {including basement, attic, garage, shed, otc). The foregoing
shall include but not be limited to injury and damage resulting from any
fire or other casualty, accident or existing condition (radon, lead paint
asbestos, if ally); breakage, or lea]cage from plumbing, water, rain, ice
snow, accumu].atien of water, snow or ice whether said damage or injury is
caused by the negligence of La~ldlord or Tenant er any other person
whomsoever, oz' an act of God.
- Tenant understands that Landlord does not warranty that basement,
crawl space, garage, storage shed, etc. are dry nor does Landlord warrant'
· that such areas will remain dry. Landlord does not assume any
responsibility for any costs of water extraction from 'these areas nor is
Laadlord responsJ_b!e for damages to Tenant's belongings or injury to any
person(s) thereof. Tenant has been made aware thet basement has gotten
water in when outside street floods during heavy rains. Landlord has
installed waterproofing system, but cannot guarantee basement will stay d
should system fail.
LANDLORD RIGHTS AND R~DIE~,.' ~'_
and remedies:
Landlord shall have the following right
1. Inspect the premises at reasonable hours upon 24 hours oral
lio'tification to Tenant. However, in the case of any emergency or other
unusual circumstance, no notification shall be required.
2.
premises and to show property to prospective tenants or buyers
reasonable times upon 24 hours advance oral notice to tenant.
licensed real estate agent.
Display a "For Rent" or "For Sale" sign or both at an~ time on
at
Owner is ~
3. Declare ~ ~--
?~na~t to be in default of this lease upon the occurrenc
of any ef the following events:
term.
a) Tenant fails to pay the rent within (4) days of its due date.
b) Tenant fails to vacate the premises at the end of the lease
c) Tenant fails to compl, y with any other of Tenant's obligations
uader this lease, which default remains unremedied with five (5) days of
its occurrence.
d) Tenant becomes insolvent making an assignment for the benefit
creditors; becoming the debtor on any bankruptcy proceeding, voluntarily
involuntarily; having a judgment entered against Tenant which remains
unpaid for a period in excess of 30 days.
LANDLORD'S REMEDIES. If Tenant defaults for any reasons specified in
the previous paragraphs, Landlord shall have the following remedies:
1. Declare the entire rent reserved for the full term of this leas~
to become immediately due and payable and collectible.
2. Terminate the lease and to enter upon and repossess the leased
property without being considered a trespasser.
3. Evict the Tenant from the ].eased premises upon providing the
Tenant with a Five (5) Day Notice to Quit. The Tenant waives all other
notices er any longer notification period that may otherwise be required
virtue of any law, including but not limited to the Landlord Tenant Law o
Pennsylvania.
4. Dispose of all of 'the Tenant's property uemaining on the premise
after Tenant has vacated the premises and to charge Tenant for such remov
cost and without any liability to account to Tenant for the value receive,
for the items disposed.
~y
5. Collec[ all' sums due Landlord under' this lease ih any' manner
l:)rovicied by law.
under khis ]_ease and I;he amount ef any damages that Landlord suffers as
result of Tenant's breach of lease and 'to secure judgment agaiast Tenant
for any excess damages not covered by security deposit.
Offset against Tenant's security deposit: any amounts due Landlord
he
7. Confess judgment against Tenant for any amounts owed by Tenant t
Landlord under this lease in which event Tenant authorizes the Prothonot~
or any attorney to appear for and confess judgment against Tenant and in
favor of Landlord for the whole amount of the rent and other sums that ar
due, together with an attorney's con~ission of 20% and costs of suit.
8. Confess judgment against Tenant in an a~nJ. cable action of
ejectment in which event the Tenant hereby authorizes the Prothonotary oz'
any attorney of record to appear for and to confess judgment in ejectment
against Tenant and in favor of Landlord and to direct the immediate
issuance of a writ of possession, all without notice or leave of court an
waving al/. irregularities.
9. Assess Tenant all. reasonable'attorneys fees and costs incurred bi
Landlord in enforcing Landlord's rights under this lease, including but n,
limited to all attorney's fees and costs incurred by landlord in securing
Tenant's removal from the leased property and in securing payment of all
sums due Landlord under this lease, in which event tenant specifically
agrees to pay such attorney fees and costs.
MI S CELI~/~EOUS PROVI SION,~ .
If it :is determined that tile Tenant's use of the leased property
not permJ, tted under law, rule or regulation, then this lease shall
terminate and Tenant shall immediately vacate the premises.
- All rights and liabilities herein.set forth shall extend to and
bind the parties (or in the event this agreement is signed by Landlord's
agent, this agreement shall instead bind 'the Landlord), their heirs,
executors, administrators and assigns. If there is more than one Tenant,
each shall be bound by this agreement jointly and individually. The word
Tenant and Landlord shall mean ail Tenants and all Landlords, in spite of
the singular form of these words used.
Any notioe required or permitted by this lease or any other law, i
rule or regulation geverning this lease, shall be deemed to have been giiven
to all Tenants or Landlords if given to any one Tenant or Landlord. :
- Tenant has been provided with '/he pamphlet "Protect Your Family
From Lead in Your Home" and has .signed the Disclosure of Information
Lead-Based Paint and/or Lead Based Paint Hazards form(which is attached
lease agreement). As stated by the EPA, properties built prier to 1978
may contain lead paint. Tenant acknowledges that Landlord is under ao
ebligation to have the property inspected or tested fez' purposes ef
determining the presence of lead-based paint oz' lead-based paint hazards
to provide Tenant with the opportunity to condact such an inspection er
testing. Penant is therefore leasing the properEy in "as is" condition.
~enan'. agrees and understands that with their signature on the
lease agreement, Tenant is authorizing Landlord to release information o~
Tenant's rental history whe~ Landlord is used by Tenant as a reference.
- This lease shall inclLude all attachments hereto signed by beth
Landlord and lenant, including but not limited te the listing of defects
the premises. If such listing is not attached, it shall be deemed to mes
that there are no current defects.
Tenant acknowledges that this agreement is a binding legal docume
and that Tenant has been provided the opportunity to read and review 'this
document prior to signing it and that it is entered into by Tenant
volLuntarily and willinglv. Tenant further acknowledges that there are no
blanks in 'this agreement-that have not been filled in as of the time Tena
signed this agreement and this fully and completely sets forth the entire
understanding and agre~aent of the parties.
~tachments to
Lead-.Based Paint and/or Lead-Based Paint Hazards Disclosure
_~/Landlord/Tenant Checklist
_./ Radon Disclosure Form
'~/Asbestos Disclosure Form
~f
~t
IN WITNESS WHERgOF, the parties, each intending to be' lega'lly bound
hereby, have hereunto set their hands and seals.
~ITNESS
/ i/ /
LANDLORD
EXHIBIT D-2
CALCULATION OF LATE FEES AS OF 10/15/03
CURL VS. AUSTIN[
CALCULATION OF LATE FEES AS OF 10/15/03
Date Rent Due Date Rent Paid I # of Days after 7th 40.00 Late $4.50 per Date Total Charge
4/5/99 4/14/99 7 $40.00 $31.50 $71.50
5/5/99 5/8/99 1 $40.00 $4.50 $44.50
6/5/99 6/14/99 7 $40.00 $31.50 $71.50
7/5/99 7/9/99 2 $40.00 $9.00 $49.00
8/5/99 8/10/99 3 $40.00 $13.50 $53.50
11/5/99 11/15/99 8 $40.00 $36.00 $76.00
12/5/99 12/13/99 6 $40.00 $27.00 $67.00
1/5/00 1/26/00 19 $40.00 $85.50 $125.50
3/5/00 3/22/00 15 $40.00 $67.50 $107.50
4/5/00 4/18/00 11 $40.00 $49.50 $89.50
5/5/00 5/16/00 9 $40.00 $40.50 $80.50
6/5/00 6/17/00 10 $40.00 $45.00 $85.00
8/5/00 8/18/00 11 $40.00 $49.50 $89.50
9/5/00 9/18/00 11 $40.00 $49.50 $89.50
10/5/00 10/14/00 7 $40.00 $31.50 $71.50
12/5/00 12/23/00 16 $40.00 $72.00 $112.00
1/5/01 1/29/00 22 $40.00 $99.00 $139.00
3/5/01 3/19/01 12 $40.00 $54.00 $94.00
5/5/01 5/8/01 1 $40.00 $4.50 $44.50
7/5/01 7/9/01 2 $40.00 $9.00 $49.00
9/5/01 9/27/01 20 $40.00 $90.00 $130.00
12/5/01 12/18/01 11 $40.00 $49.50 $89.50
1/5/02 1/15/02 8 $40.00 $36.00 $76.00
2/5/02 2/13/02 6 $40.00 $27.00 $67.00
3/5/02 3/15/02 8 $40.00 $36.00 $76.00
5/5/02 5/17/02 10 $40.00 $45.00 $85.00
6/5/02 6/18/02 11 $40.00 $49.50 $89.50
7/5/02 7/10/02 3 $40.00 $13.50 $53.50
Date Rent Due Date Rent Paid # of Days after 7th 40.00 Late $4.50 per Date Total Charge
8/5/02 8/14/02 7 $40.00 $31.50 $71.50
10/5/02 10/23/02 16 $40.00 $72.00 $112.00
i/5/03 1/13/03 6 $40.00 $27.00 $67.oo
2/5/03 3/3/03 24 *40.00 ,i08.00 $148.00
3/5/03 3/28/03 21 $40.00 $94.50 $134.5o
4/5/03 Not Paid 191~ $40.00 $859.50 $899.50
5/5/03 Not Paid 1612 $40.00 $724.50 $764.50
Totals $1.400.00 $3.073.50 $4.473.50
~The number of days have been calculated through October 15, 2003. Additional late
fees are due and payable after that date until date of payment.
2The number of days have been calculated through October 15, 2003. Additional late
fees are due and payable after that date until date of payment.
EXHIBIT D-3
INVOICES AND RECEIPTS
David L. Sheaffer - Carpets
586 East Canal,Road
Hershey, Fa. 17033
(717) 533-6190
INVOICE
ESTIMATE NO: t'12t
DATE: 04/26/2003
To: Sharon Curl Tasker
1000 A Otto Drive
Mechanicsburg, PA 17055
For: '11 S. Pitt Street: Apt. 6
Carlisle, PA
TERMS
QUANTITY
62.67sq. yds.
82.87sq. yds.
DESCRIPTION
~emoval of existing glue down carpet, scrape up 62.67 square yards
nstallation of customer's carpet, direct glue down @
;arpet of this quality had a life of expectancy of 10 yrs but was
removed due to damage by burns and stains
UNIT PRICE AMOUNT
$2.25/sq. yd. $141.00
$4.05/sq. yd. $254.01
Any alterations or Deviations from the above Specifications Sub Total $ 395.01
Will be executed only upon written order, and will become an
Extra charge over and above this estimate Total $ 395.01
i'HE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HERBY
ACCEPTED.YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED. PAYMENTS WILL BE MADE UPON
3OMPLETION OF WORK.
SIGNATURE
;)ATE SIGNATURE
DaviH L. Sheaffer - Carpets
586 East Canal, Road
Hershey, Pa. 17033
(H & F) (717) 533-6190
(C) (717) 319-9490
ESTIMATE
ESTIMATE NO: 1421
DATE: 06 May 03
To: Sharon Curl Tasker
1000 A Otto Drive
Mechanicsburg, PA 17055
For: 11 S. Pitt Street Apt, 6
Carlisle, PA
SALESPERSON P.O. NUMBER DATE SHIPPED SHIPPED VIA F.O.B. POINT TERMS
Dave Sheaffer 05/05/2003
QUANTITY DESCRIPTION UNIT PRICE AMOUNT
12x9
1'his quote is for replacement of vinyl kitchen flooring due to bum holes
and cuts in existing floodng. This price includes removal of existing
/inyl flooring and costs to replace floodng, including installation of new
]oodng.
Removal of existing vinyl flooring and prep and patch work:
New vinyl floodng: 12 square yards @ $9.99/yard
nstallation cost:
$122.00
$119.88
$120.00
Any alterations or Deviations from the above Specifications
Will be executed only upon written order, and will become an
Extra charge over and above this estimate
Sub Total
Total
$ 361.88
$ 361.88
THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HERBY
ACCEPTED.YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED. PAYMENTS WiLL BE MADE UPON
COMPLETION OF WORK.
SIGNATURE
DATE SIGNATURE
PROSOURCE OF HARRISBURG
7985 GRAYSON ROAD
HARRISBURG, PA 17111
Telephone: 717-558-9014 Fax: 717-558-9325
ACKNOWLEDGMENT
TASKER, RANDALL
RANDALL J TASKER
1000A OTTO DRIVE
MECHANICSBURG, PA 17055-
Telephone: 717-691-8634
TASKER, RANDALL
1000A OTTO DRIVi--
MECHANICSBURG,
04/21/03
Style/Item Color/Description Size Quantity Units Price Total
DELTA 26
DELTA 26
FREIGHT
021 NATURAL GRAIN 12X29.5 39.33 SY 4.99 196.26
021 NATURAL GRAIN 15X14.5 24.17 oY 4.99 120.61
........ 1.00 FA 10.00 10.00
- 04/21/03
3:54PM -
Sales Consultant(s): LARRY WEADER
Signature:
Materiah
Service:
Sales Tax:
INVOICE TOTAL:
Less Payment(s):
BALANCE DUE:
316.87
10.00
19.61
$346.48
0.00
$346.48
CAROL NEWKUM
6103 NASSAU ROAD
HARRXSBURG, PA 17112
[ 3OB ZNVOXCE I
Work ~
Signature - Carol IVew£um
JOE PIERICH
7662 Appleby Rd.
Harrisburg, PA 17112
s CT STOM Voe.¢
0 ~OB~ TOO
carpentry · roofing ° siding ° and more
PROPOSAL SUBMITTED TO
STREET
CITY, STATE AND ZIP CODE
Phone
469-0003
~t~ ~t'nlJnnt~ hereby to furnish material and labor - complete in accordance with above specifications, for the sum of:
For a total cash price of $ ,5 ~ Ci, ~ C~ Down Payment $ Balance $
Authorized /'/-~ n -
withdrawn b'/ US if not accepted within
J~rrep~mu't of ~ropnsnl - Th, ,ho~ proc;,. Aoeciflca-
lions and conditions are satisfactory and are hereby accepted. You are
authorized lo do the work as specified. Payment will be made as out-
lined above.
Date of Acceptance:
ca~bonless
~Adams
NC2583
2 PART
STATEMENT
N0.
DATE:
IAMOUNT REMITTEDI
DETACH AND MAIL WITH YOUR REMI3q'ANCE. YOUR CANCELLED CHECK IS YOUR RECEIPT.
PREVIOUS BALANCE ·
· ,3~L~r33, o~
=~ STATEMENT Thank YOU
NC2583
Li,:~i' i, :5
¢7'
1,00 (JREET]NG CRR5 0,50 S
077054200106-~
1 O0 6REE1)NU CR~I] 0 50 S
077.5q25010,-~
Ol~28~09ZzSy.L?'--"
SUBI'OTRL ~j $9.00
SI'RTE I'RX $0.54
I'OTFIL $9,54
C¢ISH $10.00
CHRNGE $0.46
ITEHS 8
200S..04-25 I0:U9.16 h421 !);' ~th8
T~ME t'.; HIIi!I f
SRVE BOIH RI OUILFIR GLNEF, RL!
EXHIBIT D-4
SUMMARY OF ATTORNEYS FEES AND COSTS 5/2/03-10/10/03
DATE DESCRIPTION HOURS RAT! AMOUNT
8/21/03 Prepare and File Amended Notice of 0.30 $175.00 $52.50
Appeal
8/25/03 2 letters to Attorney Worley 0.20 $175.00 $35.00
8/25/03 Certified Mail Fee for Amended $13.26
Notice of Appeal
9/8/03 Prepare Answer to Motion to Quash 1.50 $175.00 $262.50
Appeal
9/9/03 File Answer to Motion to Quash at 0.30 $195.00 $58.50
Prothonotary's office
9/9/03 letter to Attorney Worley 0.10 $195.00 $19.50
9/10/03 Prepare and file Motion to set aside 1.50 $195.00 $292.50
Rule Absolute
9/10/03 letter to Attorney Worley 0.10 $195.00 $19.50
9/26/03 Prepare Answer and New Matter 1.50 $195.00 $292.50
9/26/03 9/26/03 letter to client 0.20 $195.00 $39.00
9/26/03 TC with client 0.20 $195.00 $39.00
9/26/03 letter to Attorney Worley 0.20 $195.00 $39.00
9/26/03 RR 9/22/03 Order denying Motion to 0.10 $195.00 $19.50
Quash
9/26/03 Letter to client 0.20 $195.00 $39.00
9/26/03 Prepare 237.4 Notice 0.213, $195.00 $39.00
9/26/03 Letter to client 0.20 $195.00 $39.00
9/27/03 Revise Answer to New Matter 0.30 $195.00 $58.50
9/27/03 Letter to client 0.10 $195.00 $19.50
2
CALCULATION TO TOTAL AMOUNT CLAIMED BY LANDLORD
CURL VS. AUSTIN
CALCULATION OF TOTAL AMOUNTS CLAIMED BY LANDLORD
Description
April 2003 Rent
May 2003 Rent
Rent Late Fees and Penalties
4/5/99-10/15/03
Invoice #1
David Sheaffer Carpets
Invoice #2
David Sheaffer Carpets
Invoice #3
Prosource
Invoice #4
Carol Newkum
Invoice # 5
Joe's Custom Work
Invoice #6
Brian Barger
Invoice # 7
Castles Lumber
Invoice #8 Dollar General
Attorneys Fees
Totals
Rent
Amounts
$350.O0
$350.00
$700.00
Late Fee
Amount
$4,473.50
$4,473.50
Damage
Amount
$395.01
$361.88
$2;46.48
$1~31.75
$330.00
$;88.00
$190.79
$6.36
$1,850.27
Attorneys
Fees
$3,923.02
$717.54
Total
Amount
$350.00
$350.00
$4,473.5(
$395.01
$361.88
$346.48
$131.75
$88.00
$190.7!
$6.36
$3,923.(
$10,946.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
SHARON CURL
Plaintiff
NO. 03-3676 CIVIL TERM
VS.
ROBERT AUSTIN
Defendant :
CIVIL ACTION - LAW
IN CONTRACT
TO THE PROTHONTOARY:
Please mark the above referenced action settled, satisfied, and discontinued.
Respectfully submitted,
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Plaintiff
DANIEL D. WORLEY, ESQLffRE
28 South Pitt Street
Carlisle, PA 17013
Phone: (717) 245-9688
Fax: (717) 245-2165
Supreme Court ID # ~929
Attorney for Defendant
- i -
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT R. AUSTIN,
Plaintiff
Defendant
SHARONCURL,
NO. 03-3570
CIVIL ACTION - LAW
DISTRICT JUSTICE APPEAL
and
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHARONCURL
VS.
ROBERT AUSTIN
Plaintiff
Defendant
NO. 03-3676 CIVIL TERM
CIVIL ACTION - LAW
IN CONTRACT
MUTUAL GENERAL RELEASE
THIS MUTUAL GENERAL RELEASE is made and executed by Sharon Curl of 1000-A Otto Drive,
Mechanicsburg, Pennsylvania,(hereinafter referred to as "Curl") and Robert Austin of 79 Clay Road,
Carlisle, Pennsylvania, (hereinafter referred to as "Austin").
KNOW ALL MEN BY THESE PRESENTS, that pursuant to the agreement of the parties, and in
consideration of the sum of $1.00 paid by Curl to Austin and the sum of $1.00 paid by Austin to Curl, each
of the parties hereto, intending to be legally bound hereby, does hereby remise, release, quitclaim, and
forever discharge the other party, his or her heirs, personal representatives, successors and assigns fro1Tl all
claims, demands, liabilities, actions, causes of action, suits, debts and contracts, of any nature whatsoever,
both in law and in equity, especially and specifically all claims arising out of the issues raised in the
pleadings in the above captioned cases and out of the parties' prior landlord/tenant relationship, which
against the other party each may have or now has from the beginning of the world to the date of these
presents.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, do execute this
Mutual Release thi~ay of ~:~[~..fM..t,~, 2004
Dated ~-h~L~ L,, ~{t 2,t:>O ~b Dated ~d
/ / ,
s:- ' ROBERT AUSTIN
Dated ~C~tlOrH ~ ~ Dated
2