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07-3302
COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of wami NOTICE OF APPEAL FROM 4-0 y-o y DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 6 7- 3 3 o a C;itW ?iL.. 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 referenced below. ` 2R 'IV "' 06000gR-C)q This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy vs (see a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the 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.D.J. 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 RZAM/ :Mj Q fe Jl T appellee(s), to file a complaint in this appeal t? a<? ? Name of appellee(s) (Common Pleas No. ,7_ 3 30 aZ ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. i! Signature of appall t or attorney or agent RULE: To ???.,)r?l?jt! T , appellee(s) Alamo of a eee--(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: kv 7 20,01 ??S1 w"f% I _ Signature of rothonotep Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT. I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made Title of official My commission expires on 20 Signature of affiant oo?? C ra o P-3 ?v M M ri- , Or) al '[? C> ?, 5? W a NOTICE OF JUDGMENT/TRANSCRIPT ? r8„r COMMONWEALTH OF PENNSYLVANIA CIVIL CASE COUNTY OF: C?SSRL PLAINTIFF: NAME and ADDRESS --) May. Dist. No.: I-??QR'r, g?a R 09-3-01 1220 SILOAX RD MDJ Name: Hon. HAROLD 8. BBIRDBR CHAMZRSHQRO PA 17201 J Address: 35 M ORANGE ST L SHIPPI> E930RA, P1? VS. DEFENDANT: NAME and ADDRESS Telephone: (717 ) 532-7676 17257-0361 rWILZT, J 7296 MITR RD CHANDZROBURG, P1? 17201 L J JRFFRBY WILEY Docket No.: CY-0000,099-07 7296 SItITB RD AAL C811YHSRSHIIRO, PA 17201 Date Filed: 4/10/07 THIS IS TO NOTIFY YOU THAT: 5/04/07 FOR PLAINTI!'1? (Date of Judgment) - --- - Judgment: (Name) DAVZNPORT, F1i713" R ® Judgment was entered for: M Judgment was entered against: (Name) W11"I "772" 2 in the amount of $ .719.0 R Defendants are jointly and severally liable. M Damages will be assessed on Date & Time - F1 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Amount of Judgment $ "N5- Judgment Costs $-----=-a0- Interest on Judgment ? .0 0 Attorney Fees Total $ 2,719.00 Post Judgment Credits $ Post Judgment Costs $ F] Portion of Judgment for physical damages arising out of residential lease Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY RUNG A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTI TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME THE JUDGMENT S ENTERED N THE COURT OF COMMON PLEAS, NY NBE ISSUED BY THE MAGISTERIAL DISTRICT E INTERESTED IN THE JUDGMENT MAY F EJUDGE. UNLESS SS A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. -/-/-" / Date , Magisterial District I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge 2012 my commission expires first Monday of January, AOPC 315-06 Diaz PRINT=s 5/09/07 lls29s00 AM SEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM 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 referenced below. DATE OF a] a - o6 c oogq _ o r? This block will be signed ONLY when this notation is required under Pa: R.C.P.D.J. 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. in a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy 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.D.J. 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 upOlt4 I I?1{9rf , -yi appellee(s), to file a complaint in this appeal '} (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. 91- 4W dlul V to tgna ure o/appall t or attorney or agent RULE: To {'16„ I 't n\ appellee(s) t `? s P ce-o aPpFelfea(s) C (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you. by personal service or by certified or registered mail. (2) If you,,do.not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The tMte of service of this rule if service was by mail is the date of the mailing. Date: 20 ;z L ct' -c Sig by?rOmonotary or Deputy lr..c- fr. YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE 4, PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF &h9&J-ftA Li ro 6 4 ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Please ' 3a upon the District Justice designated therein on (date of service) 20r by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) K oypQz/ , on /3 20d?l ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND BSCRIBED BEFORE ME TH 0 50, DAY 1- - a At, 20?. nature of o fa/ fore m affidavit was made li Title of official My commission expires on ?r 20 NOTARIAL SEAL SHELLEY L. DODSON, Notary Public Boro of Chambersburg, Franklin Co. My Commission Expires October 6, 2009 a11111 I 11?yafifdbel S nature of affiant U.S. Postal Service,,, CERTIFIED MAILT,n RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ru C3 Ln O Return Receipt Fee (Endorsement Required) Restricted Delivery Fee O (Endorsement Required) M1 Total Postage & Fees ru .A 0 O r%- ¦ Complete items 1, 2, and 3. Also complete Signature A ? Agent Item 4 If Restricted Delivery is desired. 0 Add ressee ¦ Print your name and address on the reverse so that we can return the card to you. f the mailpiece k b _ Nam) ta.Rece-M b A? C. D of ivory , ac o ¦ Attach this card to the i or on the front if space perm is delivery address different from item 1 D 0 Y 1. Article Addressed to: . If YES, enter delivery address below: 0 No i n? pt's ?t'l i ?W' i IC i a.o S t y}'l b PJYS? UN ? ?Q - Typee- jS"ice 3. Mail s E , T f s xpre Mail IMpertifiled t f Recei t or Merchandise i ( p um .Re ed Mail 0 C.O.D. C? i Q ?J 4. Restricted Delivery? P" Fee) 0 Yes 2. Article Number 7006 2760 0002 0540 1215 i (Transfer from service Iabel) Domestic Retum Receipt PS Form 3811, February 2004 102595-02-M-1540 i'?J Q Q ?-'" {? .? 1 ? _ C_?.. _?[1 .? ,,? tTI ?? :) ?,-- -- ") "T"'? ` .:: .. E _'? G?? 1 Tv :? FRANK RYAN DAVENPORT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-3302 CIVIL ACTION JEFFREY WILEY and TAMMY WILEY, husband and wife, Defendants. NOTICE TO DEFEND 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, order and notice are served, by entering a written appearance personally or by attorney and by 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 Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. FRANK RYAN DAVENPORT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-3302 CIVIL ACTION JEFFREY WILEY and TAMMY WILEY, husband and wife, Defendants. COMPLAINT AND NOW, this 3rd day of July, 2007, comes the Plaintiff, FRANK RYAN DAVENPORT, by and through his attorneys, Irwin & McKnight, and make the following Complaint against the Defendants, JEFFREY WILEY and TAMMY WILEY, husband and wife, averring as follows: 1. Plaintiff is Frank Ryan Davenport, an adult individual principally residing at 1220 Siloam Road, Chambersberg, Pennsylvania 17201. 2. Defendants are Jeffrey Wiley and Tammy Wiley adult individuals principally residing at 7296 Smith Road, Chambersburg, Pennsylvania 17201. 3. Defendants are the owners of a certain property known and numbered as 16 East Burd Street, Shippensburg, Pennsylvania 17257 (the "Premises"). 4. In the Spring of 2006, Plaintiff was making preparations to begin his third year of college at the University of Shippensburg for the following Autumn. 5. On or about May 11, 2006, Plaintiff, along with two other individuals not a party to this action, entered into a written lease with the Defendants for the Premises for a term to begin on August 1, 2006 and end "one full day after Shippensburg University May Commencment day 2007". A true and correct copy of the written lease dated May 11, 2006 is attached hereto and incorporated herein as Exhibit "A." 6. Plaintiff's share of the rent was to be $200.00. per month. 7. Plaintiff was unable to take possession of the premises on August 1, 2006 because of Defendants' failure to finish renovating the premises. 8. Despite promises by the Defendants that the premises would be ready for Plaintiff to take possession first by August 14th and then by August 21St, the renovations were still not complete by the time classes at Shippensburg University began on August 28, 2006. 9. Plaintiff attempted, but was unable to move the majority of his personal belongings into the leased premises as a direct result of the Defendants repeated failure to finish the restoration. 10. Despite repeated requests by the Plaintiff, Defendants refused to complete the required renovations and repairs or even remove their tools and debris from throughout the premises during the length of the lease term. 11. As a result of his inability to move into the leased premises, Plaintiff was forced to make the commute from his family's home in Chambersburg to school at Shippensburg five days a week. 12. Plaintiff paid timely rents and utilities for the duration of the lease term despite being able to spend only three non-consecutive nights on the premises. 2 COUNTI BREACH OF CONTRACT 13. The averments of fact alleged in paragraphs one (1) through twelve (12) are made a part hereof and incorporated herein by reference. 14. Despite numerous promises to the contrary, the Defendants failed to provide a finished and habitable premises for lease as represented and promised, thereby breaching their contract with the Plaintiffs. 15. Paragraph 7 of the Residential Lease Agreement states that if the Defendants fail to give possession to the Plaintiff by the beginning date of the lease, no rent is owed until possession is given. 16. Paragraph 12 of the Residential Lease Agreement requires that Defendants keep the property in a "manner required by law," as well as keeping the property "in good repair and good working order." 17. Defendants specifically failed to give possession and otherwise breached the terms of the contract in that: A. Defendants failed to remove tools and debris from the common living room, such that there was no space for the Plaintiff or any of the other tenants to make use of the room. B. Defendants failed to repair or replace the fixtures in the downstairs bathroom, making it unfit for use. C. The kitchen was full of Defendants' tools and debris, including a broken air conditioner that was left sitting on the floor right next to the appliances. 3 D. The downstairs recreations room was not renovated and available for use until the end of December. E. The downstairs closet was always locked and unavailable for tenant storage. F. The upstairs bathroom, though mostly renovated, lacked a working shower for over one month, and the shelves were unavailable for use because Defendants tools and debris were left on them. G. Plaintiff's bedroom lacked adequate heating until the end of December. H. A room that was promised to be a study for the tenants was constantly kept locked by Defendants. 1. Neither the attic nor the basement was made available for tenant storage. J. Around the outside of the premises, Defendants left debris and trash, including broken glass. 18. By not making the majority of the premises available and useable to the Plaintiff, Defendants failed to give possession as required by the lease agreement. 19. Defendants failed to cure the breach despite being given notice and numerous opportunities by the Plaintiff. 20. Plaintiff's timely payments of rent and utilities for the lease term amounted to $2,129.00. 4 21. As a consequence of Defendants' breach, Plaintiff had to commute to school from Chambersburg resulting in approximately $1,200.00. in increased gasoline costs. 22. In addition, Plaintiff expended the sum of $90.00 in the filing of a successful Magisterial District Justice Complaint. 23. The Plaintiff, Frank Ryan Davenport, is entitled to certain damages, including but not limited to, receiving the full amount of rents paid to Defendants as well as utilities paid, damages as a consequence of Defendants' breach and costs associated with this litigation. WHEREFORE, the Plaintiff, Frank Ryan Davenport, respectfully request that this Honorable Court enter judgment against Defendants in the amount of $3,419.00, together with reasonable attorney fees, costs and interest as permitted by law and such other and further relief as this Court shall deem fair, just, and proper. COUNT II BREACH OF THE COVENANT OF QUIET ENJOYMENT 24. The averments of fact alleged in paragraphs one (1) through twenty-three (23) are made a part hereof and incorporated herein by reference. 25. Defendants failure to remove their tools, materials and debris from throughout the premises, failure to provide adequate bathroom facilities and heat at various times throughout the lease term and failure to provide access to closets and rooms throughout the premises, substantially impaired the Plaintiff's use and enjoyment of the premises. 5 26. Plaintiff's utility of the premises was so substantially decreased by the actions of the Defendants that they materially breached the covenant of quiet enjoyment. 27. Defendants materially breach of the covenant of quiet enjoyment relieves Plaintiff from his obligations under the lease. 28. Because the covenant of quiet enjoyment was materially breached, rents, utilities and all other costs incurred by the Plaintiff due to his obligations under the lease should be reimbursed to him by the Defendants. WHEREFORE, the Plaintiff, Frank Ryan Davenport, respectfully request that this Honorable Court enter judgment against Defendants in the amount of $3,419.00, together with reasonable attorney fees, costs and interest as permitted by law and such other and further relief as this Court shall deem fair, just, and proper. COUNT III BREACH OF THE WARRANTY OF HABITABILITY 29. The averments of fact alleged in paragraphs one (1) through twenty-eight (28) are made a part hereof and incorporated herein by reference. 30. Defendants failure to provide a working shower for over one month, failure to provide adequate heat in Plaintiff's bedroom for several months and failure to remove tools, trash and debris from the throughout the premises were all defective conditions that caused the premises to be unsanitary, unsafe and unfit for habitation. 6 31. Despite being given notice of the defective conditions and being provided with ample opportunity to cure the defects, Defendants either refused to remedy the defects or failed to remedy them in a timely manner. 32. By reason of Defendants failure to render the premises fit for habitation, Plaintiff is entitled to the return of his rents paid as well as utilities and costs incurred by Plaintiff due to his obligations under the lease. WHEREFORE, the Plaintiff, Frank Ryan Davenport, respectfully request that this Honorable Court enter judgment against Defendants in the amount of $3,419.00, together with reasonable attorney fees, costs and interest as permitted by law and such other and further relief as this Court shall deem fair, just, and proper. COUNT IV VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 33. The averments of fact alleged in items one (1) through thirty-two (32) are made a part hereof and incorporated herein by reference. 34. In agreeing to enter into a lease agreement with the Defendants, Plaintiff relied upon the representations and assurances of Defendants that he would be renting a fully useable and renovated residential premises. 35. Plaintiff relied upon the promises, assurances and representations of Defendants as inducement to enter into a residential lease agreement. 7 36. The misrepresentations by Defendant's agents and employees are in direct violation of §§ 201-2(4)(vii), 201-2(4)(x), 201-2(4)(xiv) and 201-2(4)(xxi) of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 37. Under § 201-9.2(a) of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, "[t]he court may, in its discretion, award up to three times the actual damages sustained [...]." 38. Furthermore, the court "may provide such additional relief as it deems just and proper." § 201-9.2(a). 39. Also under § 201-9.2(a), "[t]he court may award to the plaintiff, in addition to other relief provided in this section, costs and reasonable attorney fees." WHEREFORE, the Plaintiff, Frank Ryan Davenport, respectfully request that this Honorable Court enter judgment against Defendants in the amount of $3,419.00, together with treble damages, reasonable attorney fees, costs and interest as permitted by law and such other and further relief as this Court shall deem fair, just, and proper. 8 Respectfully Submitted, IRWIN & McKNIGHT By: Matthew A. c ight, Esquire Supreme Court ID No. 93010 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: July 3, 2007 Attorney for Plaintiff 9 EXHIBIT "A RESIDENTIAL LEASE AGREEMENT 1. PARTIES INVOLVED: M This lease is made on the f day of ?' t1 y in the year 2006 between the following three tenants: a. b. C. 2. LANDLORD CONTACT INFORMATION: Jeffrey and Tammy Wiley 7296 Smith Rd. Chambersburg, PA 17201 H- (717) 263-6928 C- (717) 552-1563 3. PROPERTY: The landlord agrees to rent to the tenants the following property: 16 East Burd St. Shipt)ensbure. Pa. 17257 4. TYPE OF LEASE: This is a joint and several lease. This means that all the tenants as a group and each of the tenants as an individual are responsible to the landlord for all the agreements of this lease. For example, if the rent is not paid, the landlord can sue all of the tenants (jointly) for any unpaid rent or utilities, or, the landlord can bring a suit against any one tenant separately (severally) for all of the unpaid rent or utilities. 5. CONDITIONS: A. The term of this lease is from Auaust_ 1, 2006 - Until (one full day after Shivvensbure University Ma Commencement day 2007 unless otherwise mutually agreed to between both the tenants and the landlord and then also written at the end of this lease in the amendment section and signed and dated by both the tenants and the landlord. B. The landlord will collect rent in person each month on the date it is due at the property. C. Rent is due in monthly installments of $600.00 total. Rent is due in advance for the month, on the V day of the month. If rent is late "for any reason", the tenant must pay a late fee of $2.50 (total) per day until rent is postmarked and mailed to the `Late Rent' address below. After 10 days the landlord may exercise their option to terminate the lease and require the tenant to vacate the property due to non-payment of rent under Section 13. "DEFAULT" D. The tenant will pay `Late Rent' by mail (including applicable late fees) to the landlord at: Jeffrey and Tammy Wiley, 7296 Smith Rd., Chambersburg, PA 17201 E. The security deposit is 600 total. A $25.00 fee will be charged for each check returned by the bank. F. After the expiration of the term of this lease, this lease shall terminate absolutely without the requirement of notice by either party. Any tenant(s) holding over beyond the term of this lease will be considered trespassers and treated accordingly under the laws of the State of Pennsylvania Criminal Code. G. The tenant may use the property only for residential living accommodations and may not sublet the property. H. The maximum number of people who can live in the property is 3. 1. Tenant is responsible for paying all heat (fuel oil), electricity, hot water, water/sewer/trash, telephone, cable, renters insurance (on contents inside of property), J. Snow removal is the responsibility of the tenant and must be removed from sidewalks in accordance with local codes. K. Lawn mowing is the responsibility of the tenant in accordance with local codes. L. Landlord will be responsible for, taxes - real estate and school, fire insurance (coverage of the exterior of the property, including the structure of the building). And the landlords: Jeffrey and Tammy Wiley 6. COPIES OF SIGNED LEASE: The tenant does not have to pay rent until the landlord provides the tenants one copy of the lease signed by the landlord and all tenants and the rent due date has arrived. 7. INABILITY TO GIVE POSSESSION: If, for any reason not caused by the tenant, the landlord is unable to give the tenant possession of the property on the beginning date of the lease, the tenant will not owe rent until the landlord gives possession. The landlord will not have to pay damages to the tenant if the reason for not giving possession is beyond the landlords' control. For the purposes of this lease agreement, the holding over of a prior tenant shall not be deemed to be a breach of the landlords' duty to transfer possession to the tenant. 8. DESTRUCTION OR DAMAGE: The tenants are responsible for their own negligence and the negligence of their guests, family or any others they allow on the property. The landlord is not required to make repairs caused by the tenant's negligent conduct or by the willfW misconduct of the tenant or a person on the property with the tenant's permission. Upon expiration of the term of the lease, the landlord shall inspect said property to determine damages, if any, following removal of tenant from the property. Any damages to the leased area or any repairs necessitated as a result of the tenants' use of the leased area shall be done by the landlord at the expense of the tenant and deducted from the security deposit. The application of the security deposit shall not limit the damages, which may be claimed by the landlord against the tenant. The landlord shall account to the tenant for the unused portion of the security deposit within thirty (30) days following the expiration of the term of the lease. Tenant expressly acknowledges that the security deposit is not considered to be payment for the last months rent. 9. SALE OF THE PROPERTY: If the landlord sells or transfers the property, the landlord will give written notice to the tenant stating: the name of the new landlord; the address and telephone number of the new landlord and/or agent; where and to whom to pay rent; and whether the landlord has transferred the security deposit to the new landlord. A landlord who provides the notice describing the new landlord as required in Section 7 is not responsible under this lease for events occurring after the sale of the property. The landlord agrees to include in any sale or voluntary transfer of the property, a written provision requiring the new landlord to accept all of the obligations of the lease. 10. LANDLORDS ENTRY ONTO PROPERTY: The landlord can enter the property at reasonable times to inspect the property; make repairs, alterations or improvements; supply services; show the property to prospective buyers / lessors, mortgage lenders, contractors or insurers. In case of emergency, the landlord can enter the property at any time without notice to the tenant. 11. TENANT PROMISES: The tenant and other people the tenant allows on the property promise and agrees to: A. Obey all laws that apply to the tenant and the tenants' guests. (i.e. legal age for drinking alcohol in Pennsylvania) B. Keep the property clean and safe. C. Use all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances in a safe and reasonable way. D. Promptly remove all trash, garbage, junk and debris from the property as required by the landlord and local codes. Any trash or unwanted furniture etc. that is left on the grounds, porches, and balconies or in the hallways will be removed at the rate of $10 per item or a minimum charge of $15. E. Not deliberately or negligently destroy, deface, damage or remove any part of the property or grounds. F. Not to unreasonably disturb the peace and quiet of the landlord, other tenants or neighbors. G. Promptly notify the landlord of conditions that need repair. r ??' , H. Make no major change to the property, such as painting, rebuilding, removing or repairing without the l i itt f l dl l dl d l b d h h h i ves wr en , un ess t e or g terat ons ecome t e property o e or an landlords consent. A t an permission to remove them. h ?' e danger Keep nothing inside the property that is highly flammable, dangerous or substantially increases t L v of fire or injury. 1 ? J. ? Not to burn candles or anything that has an open flame inside the building. K. h c Not to smoke inside the building. " " " " " L. signs. rent or information Allow the landlord to post " for sale , `v M. Move out of the property when the lease ends. N. Tenant shall not impose any liability on the landlord resulting from personal injury or property damage arising from any use of the property by the tenant, guests or invites, or by any acts done by the tenant, their guest and invites, including court costs and counsel fees. 0. The tenant agrees to receive the property in good order and condition and at the expiration of this lease, tenant will leave the property in good order and condition as when moved in, with the exception of damage caused by fire, flood or acts of God, ordinary wear and tear and other causes beyond the tenants control however, the tenant shall be responsible for any repairs resulting from negligent acts of the tenant, their guest or invites. P. The tenant agrees that there shall be not pets or other animals whether domestic or otherwise, including parrots, birds, rabbits, iguanas, kept on the premises. Tenant will not allow tenants guests or others to have or bring pets onto the leased property. If any pet is found, it must be removed immediately and a charge of $50 per pet, per month, retroactive to the beginning of the lease will be charged as additional rent due. Q. Absolutely no kegs or beer balls allowed in on or around the property. Tenants may not have any parties with alcohol or under age drinking on the property. This is a zero tolerance issue and will result in immediate termination of the lease under section 13 for all the responsible tenant(s). If it is not possible to determine the responsible tenant "all" tenants will be assumed responsible by default of their presence at the time, and the lease for "all tenants present at the time will be terminated- R_ Tenants shall observe a "quiet hours" between the hours of 11:00 pm and 8:00 am daily. S. Absolutely no additional locks of any kind may be installed If you wish to have a deadbolt installed, the landlord will arrange for it, with a charge to the tenant, which includes installation, labor, keys, materials, etc. This includes interior bedroom and exterior door locks. T. At no time are motor vehicles of any type allowed on the porches, or sidewalks. All cars in the parking area must be currently licensed and inspected. All cars that are not will be towed away at tenants' expense. U. Exterminate or use mousetraps to keep the property free of insects, rodents and other pests. 12. LANDLORD PROMISES: The landlord promises to: A. Operate and keep the property and common areas in the manner required by law. B. Keep the property in good repair and good working order. This includes the roof, windows, doors, locks, floors, steps, porches, exterior and interior walls, ceiling, foundations and all other structural parts of the property. This includes electrical, plumbing, sanitary, drainage, heating, water heating and ventilating systems, However, in the event that such repairs are necessary due to the negligent acts of the tenant or their guests, then such repairs shall be performed at the expense of the tenant. C. Promptly respond to all notices from the tenant of any needed repairs to the property or safety concerns. 13. DEFAULT Upon any occurrence of default such as failure to pay rent, failure to perform any terms or conditions of this lease, abandonment by the tenant of the lease property, or insolvency of the tenant, the lease shall be deemed to have been breached. A. At the option of the landlord, the rent for the remainder of the term of this lease shall immediately become due and payable. B. At the option of the landlord, this lease and the term created shall become void without any right on the part of the tenant to save the forfeiture by payment of any sum. The landlord shall be entitled to recover damages for such default in an amount equal to the amount of the rent owed until the expiration dated of the lease. C. At the option of the landlord, the landlord may lease the property to such persons without affecting tenant liability for any loss of rent for the balance of the term of the lease. D. Tenant will pay to the landlord as additional rent on demand, all of landlords' cost, charges and expense including reasonable fees of counsel, or others retained by the landlord for enforcement of tenants' covenants under this lease. 14. LANDLORD REMEDIES Before the landlord can file a lawsuit in court to evict the tenant for failure to pay rent or other charges required by the lease, the landlord must give the tenant 10 days written notice to leave the property. This lease ends on the eleventh day after the landlord gives notice, if the tenant does not pay. The landlord may then file a lawsuit in court to evict the tenant. Before the landlord can file a lawsuit to evict the tenant for failure to comply with any provisions of the lease other than for non-payment of rent and utilities or charges, the landlord must give the tenant written notice. The notice must describe the problem and give the tenant 5 days to correct the problem. A. If the tenant does not correct the problem or if the problem happens again during the lease term, the landlord can end the lease by giving the tenant a 10-day written notice. B. This lease ends on the eleventh day after the landlord gives the second notice. The landlord may then file a lawsuit in court to evict the tenant. These are not the only remedies the landlord has if the tenant violates or breaks this lease. Besides ending this lease and evicting the tenant, the landlord can sue the tenant for unpaid rent and utilities, other damages, losses or injuries. If the landlord gets a judgment for money against the tenant, the landlord can sue the court process to take your personal goods, furniture, motor vehicles and money in banks. In this Section the tenant gives up or waives a right to receive longer notice to leave the property for reasons not related to payment of rent. 15. SECURITY DEPOSIT The landlord requires the security deposit at the signing of this lease. The tenant cannot use the security deposit to pay the last months rent. The landlord can use the security deposit for unpaid rent, utilities and damages that are the tenants' responsibility beyond normal wear and tear. When the tenant moves out, the landlord will prepare a list of charges for damages and any unpaid rent and utilities. The landlord can deduct these charges, if any, from the security deposit and will return the balance with any interest due to the tenant within 30 days. The tenant must give the landlord written notice of the tenants' new address or make other arrangements with the landlord for the return of the security deposit Tenant agrees to the following move-out procedures: A. All mini-blinds must be wiped free of dust. B. All keys are to be left on the kitchen counter. C. All floors must be cleaned and free of spots. Carpets must be vacuumed Carpets will be professionally cleaned at the tenants' expense. D. Stove, refrigerator, exhaust fan, windows and baths must be thoroughly cleaned E. All light fixtures, doors and cupboards must be clean. All light bulbs, smoke detectors and fire extinguishers must be in working condition. F. Inside of windows washed G. All personal effects, food and trash must be removed H. Baseboards and radiators must be wiped down and vacuumed. 16. TAKING OF PRIVATE PROPERTY - CONDEMNATION The taking or private property for a public purpose is called condemnation. The taking happens either by court order or by transferring ownership to the condemning agency. If this process takes all or part of the property, the landlord or the tenant can end this lease after giving 30 days written notice. The tenant can receive relocation benefits from the taking agency. 17. TENANT TRANSFER OF LEASE The tenant cannot lease the property to any other person or let any other person take over the tenants rights and duties under this lease, unless the landlord first gives written approval. Should the sublet or transfer exceed 60 days, the tenant will pay the landlord a fee equal to the security deposit held as a flee for processing the request. 18. PRIORITY OF LEASE If this property is sold at a mortgage foreclosure sale, the purchaser can end this lease. In a foreclosure sale, all mortgages that now or in the future affect the property have a priority over this lease. The tenant agrees to sign all papers needed by the mortgage holder to give priority over this lease. In this section the tenant gives up or waives a right to have the lease continue after some foreclosure sales. 19, ENTIRE AGREEMENT' This lease contains the complete agreement between the landlord and the tenant. This lease creates legal duties on the landlord and tenant and anyone who lawfully succeeds to their rights or takes their places. The landlord and tenant can change this lease only by a written agreement signed by both of them. 20. TENANT GIVES UP (WAIVES) RIGHTS By signing this lease, the tenant gives up or waives legal rights that are explained in this section and in Section 12 (Landlord Remedies) and 16 (Priority of Lease). A. In Section 12 (Landlord Remedies), the tenant agrees that the landlord can give the tenant 10 days notice to vacate or leave the property for reasons not related to payment of rent. This means the tenant gives up the right to receive a longer notice. B. In Section 16 (Priority of Lease), the tenant agrees that a mortgage has a priority over this lease. This means a person who becomes an owner of the property through a mortgage foreclosure can end the tenants' lease. 21. LEAD-BASED PAINT & MOLD RELEASE TENANT HAS REVIEWED ALL THE FOLLOWING INFORMATION AND HAS RECEIVED THE PAMPHLET "PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME". Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards Lead Warning Statement Every lessor of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The lessor of any interest in residential real property is required to provide the lessee with any information on lead-based paint hazards from risk assessments or inspection in the lessors possession and notify the lessee of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to leasing and can be performed at the lessees expense within 10 days. Mold Information and Release: In recent years concern has grown over levels of mold spores in residences. At present there are not federal or state standards for what constitutes excessive levels of mold spores in residences. The US Environmental Protection Agency has said the following concerning molds: "Molds are part of the natural environment. Outdoors, molds play a part in nature by breaking down dead organic matter such as fallen leaves and dead trees, but indoors, mold growth should be avoided. Molds reproduce by means of tiny spores; the spores are invisible to the naked eye and float through outdoor and indoor air. Mold may begin growing indoors when mold spores land on surfaces that are wet. There are many types of mold, and none of them will grow without water or moisture'. Landlord has taken steps to help prevent water penetration in the home. These steps include installation and maintenance of roofs, gutters and downspouts, weather secure exterior doors and windows; and other related actions. Moisture that occurs naturally in the atmosphere or through or because of the action or inaction of the Tenants is the responsibility of Tenants. To prevent mold growth m the home, the Tenant must take certain steps to properly manage and maintain the property. These steps include; proper use of windows, doors, dehumidifiers, plumbing components; cleanup of leaks, spills and overflows; immediate notification to Landlord of leaks or other malfunctions of those items that are Landlord's responsibility. Tenants with known respiratory sensitivity, or with prior reactions attributed to molds, must use cane in the selection of living space with the maintenance of moisture controls for that space. Landlord is not responsible for Tenants hypersensitive reactions to naturally occurring mold levels not resulting from Landlord's failure to maintain or repair those parts of the moisture control components of the home, which are the responsibility of Landlord. IN CONSIDERTATION OF THE LANDLORD TAKING THE STEPS AS OUTLINED HEREIN, LANDLORD SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, LIABILITIES, CLAIMS OR LOSSES INCURRED BY TENANT ARISING OUT OF OR RELATING TO MOLD OR ANY OTHER FUNGUS OR AGENT THAT MAY BE ASSOICATED WITH ALLEGED DEFECTS IN THE HOME, INCLUDING, DUT NOT LIMITED TO, PROPERTY DAMAGES, PERSONAL INJURY, EMOTHINAL DISTRESS, DEATH, OR LOSS OF USE AND TENANT HEREBY RELEASES LANDLORD FROM SAME. THIS MEANS THAT TENAT SHALL NOT SEEK TO HOLD LANDLORD RESPONSIBLE UNDER ANY LEGAL THEORY FOR ANY DAMAGES WHATSOEVER CAUSED BY MOLD OR ANY OTHER AGENT, EVEN IF IT RESULTS FROM A DEFECT, LATENT OR OTHERWISE, IN THE BUILDING. L.emrs Disclosure (initial) (A) Presence of lead-based paint and/or lead-based paint hazards or molds (check one below): Lessor has no knowledge of lead-based paint and or lead-based paint hazards or mold in the housing. (B) Records and reports available to the lessor: Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards or mold in the housing. DATE: p LANDLORD: TENANTS: W feZL Amendments: Date: Landlord: Tenants: VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. FRAN%RYANDA N RT Date: 14L 3 ?00 11 CERTIFICATE OF SERVICE I, the undersigned hereby certify that on this 3rd day of July, 2007, a copy of the Complaint was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Jeffrey Wiley and Tammy Wiley 7296 Smith Road Chambersburg, PA 17201 IRWIN & McKNIGHT .W1 eez?? Matthew . McKnight, Esquire Supreme Court I.D. No: 93010 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Frank Ryan Davenport c-> "7 a C- ? -r, .,- - ?? ?.._ _:. W j,1} ?. _ _ -;7 ..-?. ?? ?? ? FRANK RYAN DAVENPORT, Plaintiff V. JEFFREY WILEY and TAMMY WILEY, husband and wife, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-3302 CIVIL ACTION ANSWER TO COMPLAINT AND COUNTERCLAIM NOW COMES Defendants, Jeffrey and Tammy Wiley, hereinafter "Defendants" by and through their legal counsel, the Neuharth Law Offices who represent as follows: 1. 2. 3. 4. Defendants do not have sufficient knowledge or information to either admit of deny where Plaintiff currently resides. Admitted. Admitted. Defendants do not have sufficient knowledge or information to either admit of deny whether Plaintiff was making preparations in the Spring of 2006 to begin his third year of college in the following Autumn. 5. Admitted. 6. Admitted. 7. Denied. By way of further, Defendants admit that renovations were being made to the premises at the time the lease was entered into. Plaintiff was aware of said renovations at the time of the execution of the lease, and pursuant to Paragraph 7 of the lease, in the event that the landlord is not able to give possession of the premises for reasons beyond landlord's control, Plaintiff would not have to pay rent until occupancy begins. Additionally, the lease states that landlord will not be liable to Plaintiff for damages if landlord is not able to give possession. The fact that the renovations were not completed by commencement of the lease term was beyond Defendants' control. Further, Defendants gave the Plaintiff the option to not rent the property, but Plaintiff's mother informed Defendants that Plaintiff still wanted to rent the property. Plaintiff began to occupy the property on August 28, 2006. At the time of said occupancy, the only thing that was not completely renovated was the upstairs bathroom. Said bathroom only needed a fixture for the shower to be installed. 8. Admitted in part and denied in part. Defendants informed Plaintiff that the renovations were running behind schedule. The only thing that was not finished by the time the classes started at Shippensburg University on August 28, 2006 was a shower fixture in the upstairs bathroom. 9. Denied. By way of further answer, Defendant began to occupy the property on August 28, 2006, and on said date, Plaintiff s bedroom was completely ready for occupancy. Plaintiff had the opportunity to move any of his possessions into the premises that he desired to move. 10. Denied. By way of further answer, neither Plaintiff nor any of his representatives ever requested that Defendants complete renovations or remove tools or debris. By way of further answer, Defendants did not leave tools or debris in the living areas available for tenant use. Additionally, the debris complained of which were allegedly left on the premises in areas available for tenant use belonged to the respective tenants. 11. Denied. By way of further answer, Defendants believe and therefore aver that Plaintiff began to frequently reside with a girlfriend or other female acquaintances during the lease term and is choosing to unilaterally attempt to avoid his obligations pursuant to the lease between the parties. 12. Admitted in part and denied in part. Plaintiff paid rent late for the month of October 2006 and did not pay rent for the partial month of May 2007. All other rents were paid in a timely manner. In regard to utilities, said utility payments were not paid to Defendants. The utility payments were made to a third party. Further, the fact that Plaintiff did not regularly reside at the premises was by his own volition. As stated previously, the premises were ready and suitable for occupancy by the time that Plaintiff began his occupancy of the premises. COUNTI BREACH OF CONTRACT 13. Admitted. 14. Denied. The premises were habitable at the time that Plaintiff began occupancy of the premises. 15. Admitted. 16. Admitted. By way of further answer, Defendants were in fact keeping the property in good working order. That is why the renovations were taking place. 17. Denied as follows: A. Denied. The common living room was available for all occupants by the time Plaintiff began occupancy of the premises. By way of further answer, there was a room located in the premises which was not available for tenant use in which Defendants stored tools and work materials, but Plaintiff had access to a finished common living room. B. Denied. The downstairs bathroom was fully functional at the time that Plaintiff began to occupy the premises. By way of further answer, Defendants began to renovate the downstairs bathroom after occupancy began, but during said time, the upstairs bathroom was fully functional and available. C. Denied. By way of further answer, Defendants had windows replaced in the residence, and the window that the kitchen air conditioner was in was removed for replacement purposes. Said air conditioner was always fully operational. D. Denied. E. Admitted. Byway of further answer, Defendants told Plaintiff that said closet was not going to be available for tenant use. Additionally, said closet is only approximately only 2 square feet and offers little utility for use of storing items. Further, Plaintiff had access to a closet in his bedroom as well as storage space in the attic, which Plaintiff utilized. Storage space was also available in the basement. F. Denied. By way of further answer, Defendants admit that the upstairs bathroom needed to have a fixture installed in the shower at the time Plaintiff began to occupy the residence, but said shower was operational on September 26, 2006. Other than the shower, the upstairs bathroom was fully operational at the time Plaintiff began to occupy the residence. G. Denied. Defendant's bedroom had adequate heat from the date of occupancy. By way of further answer, Defendants decided to replace the furnace on the premises with a newer, more energy-efficient model in December 2006. As a result, the furnace was not operational for a period of one (1) work day while the old furnace was replaced. Additionally, Defendants purchased space heaters for all three tenants to use in their bedrooms on the day that the furnace was replaced. Further, the day that the furnace was replaced was an unusually warm day in December, and Defendants believe and therefore aver that Plaintiff did not need to use the furnace or space heater. H. Denied. By way of further answer, the residence leased by Plaintiff is a four (4) bedroom residence. Defendants never told Plaintiff that there would be a study available. At the time that the parties executed the lease, Defendants told Plaintiff that there would be a common room available for use by the tenants or a fourth bedroom which would not be available for use by the tenants. Defendants converted the extra space to a fourth bedroom. 1. Denied. By way of further answer, Plaintiff used the attic for storage purposes. The basement was available for storage purposes, but Plaintiff did not make use of the basement. J. Denied. Defendants believe and therefore aver that the debris that Plaintiff is complaining of was the personal property of the other tenants. In regard to the alleged broken glass, Defendants deny leaving any broken glass. By way of further answer, Defendants believe and therefore aver that if there was any broken glass outside the premises, it likely resulted from the occupants of the premises or other students/residents of the neighborhood. Plaintiff simply could have swept the outside of the premises if he desired a tidier residence. 18. Denied. 19. Denied. By way of further answer, there was no breach for Defendants to cure, and Plaintiff never complained to Defendants about any defect relating to the property. 20. Denied. Strict proof is demanded at trial. 21. Denied. Strict proof is demanded at trial in regard to the amount of Plaintiff's alleged gasoline costs. Further, as stated in Paragraph 11 above Defendants believe and therefore aver that Plaintiff began to frequently reside with a girlfriend or other female acquaintance during the lease term and chose to unilaterally attempt to avoid his obligations pursuant to the lease between the parties because he found a more attractive place to reside. 22. Admitted. 23. Denied. COUNT II BREACH OF THE COVENANT OF QUIET ENJOYMENT 24. Admitted. 25. Denied. 26. Denied. 27. Denied. 28. Denied. COUNT III BREACH OF THE WARRANTY OF HABITIBILITY 29. Admitted. 30. Denied. Strict proof is demanded at trial. 31. Denied. Strict proof is demanded at trial. 32. Denied. Strict proof is demanded at trial. COUNT IV VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTIONS LAW 33. Admitted. 34. Denied. By way of further answer, the premises were fully habitable by the time Plaintiff began occupancy, and Plaintiff knew prior to entering into the lease or taking possession of the premises that renovations to some of the areas of the premises may still be ongoing by the time Plaintiff would begin occupancy. 35. Denied. By way of further answer, Plaintiff knew of the renovations prior the execution of the lease. Further, prior to taking possession of the property, Defendants informed Plaintiff that slight renovations were still underway in the upstairs bathroom of the premises. Defendants gave Plaintiff the option of cancelling the lease and not taking possession, but Plaintiff knowingly decided to take possession even though renovations were not entirely complete. 36. Denied. By way of further answer, Defendants did not misrepresent anything. To the contrary, Defendants ensured that Plaintiff was fully aware of the renovations that were taking place and gave Plaintiff the option to cancel the lease prior to taking possession of the premises. 37. Admitted. 38. Admitted. 39. Admitted. COUNTERCLAIM BREACH OF CONTRACT 40. Paragraphs 1-39 are incorporated herein by reference as though listed in entirety. 41. The parties entered into a valid lease agreement on May 11, 2006. 42. Plaintiff took possession of the premises on August 28, 2006. 43. Plaintiff was required to pay $200.00 per month for rent. 44. Plaintiff did not pay the rent for the partial month of May, 2007. Late fees in the amount of $202.50 are presently also due. 45. Plaintiff did not return his keys to Defendants, causing Defendants to incur $46.00 in costs for replacement locks and $25.00 in labor costs. 46. Paragraph 13(D) states that Plaintiff will be responsible for "cost, charges, and expense, including reasonable fees of counsel" in the event that Plaintiff breaches the lease. Wherefore, Defendants respectfully request that they be awarded $100.00 for rent, late fees and costs in the amount of $272.50, and reasonable attorney's fees. Respectfully submitted, Neuharth Law Offices c Aaron J. Neuharth, Esquire Id. No.: 88625 Attorney for Defendants 232 Lincoln Way East P.O. Box 359 Chambersburg, PA 17201 (717) 264-2939 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ? / ?---) -? ??k J rey VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Tammy Wiley ? r.s r _..? r __ -R.-t ? _... ?"" ?, - .G:""' W? _- ? ? ?iT3 L.:J _.{ _ ?. t FRANK RYAN DAVENPORT, Plaintiff V. JEFFREY WILEY and TAMMY WILEY, husband and wife, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3302 CIVIL ACTION PLAINTIFF'S ANSWER TO DEFENDANTS' COUNTERCLAIM AND NOW, this 5ffi day of October, 2007, comes the Plaintiff, FRANK RYAN DAVENPORT, an adult individual, by and through its attorneys, Irwin & McKnight, and makes the following Answer to the Counterclaim filed by Defendants, JEFFREY WILEY and TAMMY WILEY, husband and wife, averring as follows: 40. The averments of fact contained in the Plaintiff's Complaint are hereby incorporated by reference and are made part of this Answer to the Defendants' Counterclaim. 41. The averments of fact contained in paragraph forty-one (41) are admitted. 42. The averments of fact contained in paragraph forty-two (42) are specifically denied and strict proof thereof is demanded at trial. 43. The averments contained in paragraph forty-three (43) are denied as stated. It is admitted that according to the terms of the lease agreement, Plaintiff's share of the rent was to be $200.00 per month. It is specifically denied that Plaintiff is required to pay rent to Defendants in this case and strict proof thereof is demanded at trial. 44. The averments contained in paragraph forty-four (44) are specifically denied and strict proof thereof is demanded at trial. 45. The averments contained in paragraph forty-five (45) are specifically denied and strict proof thereof is demanded at trial. 46. Paragraph 13(D) of the Residential Lease Agreement, attached as Exhibit "A" to Plaintiff's Complaint, speaks for itself, and therefore no response is required. To the extent a response is required, any inference that Plaintiff has either breached the residential lease agreement or is responsible for "cost, charges and expense, including reasonable fees of counsel" is specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in its favor and against Defendants Jeffrey Wiley and Tammy Wiley, husband and wife, and award Plaintiff the relief requested in its Complaint. Respectfully Submitted, IRWIN & McKNIGHT Matthew A. cKnight, Esquire Supreme Court I.D. No. 93010 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorneys for Plaintiff, Date: October 5, 2007 Frank Ryan Davenport 2 CERTIFICATE OF SERVICE I, the undersigned hereby certify that on this 5th day of October, 2007, a copy of the Complaint was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Aaron J. Neuharth, Esquire 232 Lincoln Way East P. O. Box 359 Chambersburg, PA 17201 IRWIN & McKNIGHT f?oz c Matthew A. cKnight, Esquire Supreme Court I.D. No: 93010 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Frank Ryan Davenport ?? s,> -=s-? .?? ?' -? ---r ?,?? c^ ?., C .3 '. ,'; --i -v . ,.: ? L,a `.::J "`° FRANK RYAN DAVENPORT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CL'Ifi1BERLAND COUNTY, PENNSYLVANIA NO.2007-3302 CIVIL X@ V. JEFFREY WILEY & TAMMY WILEY, HUSBAND & WIFE DEFENDANTS . RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PE'TITTON FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: MATTHEW A. McKNIGHT counsel for the plaintiff/daftjdUM in the above action (or actions), respectfully represents that: 1. The above-captioned action (NXXXXXXXNX) is (XXX) at issue. 2. The claim of the plaintiff in the action is $3,419.00 The counterclaim of the defendant in the action is 2.7.9.50 The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: AARON J. NEUHARTH, ESQUIRE:, CHAMBERSBURG, PA WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MATTHEW A. McKNIGHT ORDER OF COURT AND NOW, , 19 , in consideration of the foregoing petition, Esq., Esq., and ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the Court, P. J. C) z F 77 v `cw 3m v?..' c', two 4 FRANK RYAN DAVENPORT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO.2007-3302 CIVIL V. - JEFFREY WILEY & TAMMY WILEY, HUSBAND & WIFE DEFENDANTS RULE 1312-1, The Petition for Appointment of arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: MATTHEW A. McKNIGHT , counsel for the plaintiff/cDO00HOOM in the above action (or actions), respectfully represents that: 1. The above-captioned action ( KKXxXx) is (M) at issue. 2. The claim of the plaintiff in the action is $3,419.00 The counterclaim of the defendant in the action is 2.7,2•50 . The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: AARON J. NEUHARTH, ESQUIRE, CHAMBERSBURG, PA WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MATTHEW A. McKNIGHT ORDER OF COURT AND NOW, /7 in consideration of the foregoi-ig petition, sq . , - 6&'O? ,Esq., are appointed arbitrators in the Esq., and QX ?, /? above-captioned action (or actions) as prayed for. y the rt G P. J. co CVI ~r a LJ C.f7 = .. c V CDP f? X85 ? fi?9h ?. 0 ,.. ketp oot 4 ti F? OCT 1 0 zone 1?4 MONICA PENDELTON, Plaintiff V. ROBERT HETRICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-2474 CIVIL TERM JURY TRIAL DEMANDED ORDER OF COURT _tk AND NOW, this 1 ? day of , 2007, in consideration of the foregoing petition, ;Esq. Esq. and t Esq. are appointed arbitrators in the above- captioned action as prayed for. BY CO 7C1.1 P.J. 366585 ON ., µ n- r- PTI, I ?- ° u plr?6 c (" M FRANK RYAN DAVENPORT, Plaintiff VS. JEFFREY WILEY and TAMMY WILEY, husband and wife, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3302 CIVIL TERM PRAECIPE TO ENTER AN APPEARANCE TO CURTIS R. LONG, PROTHONATARY.- Please enter my appearance on behalf of the Plaintiff, Frank Ryan Davenport of Chambersburg, Pennsylvania, in this matter. November 28, 2007 Respectfully submitted, IRWIN & By: Marcus Supr dQle Court ID#: 2 76 60 West Pomfrtreet Carlisle, PA 17013 (717) 249-2353 Attorney for the Plaintiff, Frank Ryan Davenport CERTIFICATE OF SERVICE I, the undersigned hereby certify that on this 28th day of November, 2007, a copy of the Praecipe to Enter an Appearance was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Aaron J. Neuharth, Esquire 232 Lincoln Way East P. O. Box 359 Chambersburg, PA 17201 IRWIN & McKNIGHT Supreme Co I.D. No: +76 60 West Pom t Street Carlisle, PA 17013 (717) 249-2353 Attorney for Frank Ryan Davenport n? "r'1 FrcinlL '?uaN 10A.VkIr,116^lr Plaintiff nefendan In The Court of Common Pleas of Cumberland County, Pennsylvania No. lac 7 - 3 v z Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. .4) signature ? i C(+a,?, b-) 5tccva r Name (Chairman) Name Law Firm Law Firm Address 51' ?S, " Address f? s Signature Name Law Firm Address ?zz..Z? zip City, Zip City, Zip City, # 114,31 # 1 as Award # 14,303 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) 'W 1Y \ 4- \ v. rA v6 Y Q C -fit ?'G bo''CA i v\ IF f Gl In C? Ct ?irG 1 n S r t t E Oc -,Ji ?S \\? f?,e chw,61 a? 31LI ICI - 0 vu?l Cc?sfS qn? 6 kk --tke CoL-1te i ?a i"w }(.-u? nt? tH Faviar o tit P Iot,'t} L Gam: (HS J ate ?C (?enda,l . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: 'Qe , y, Zoe ? :1 ? • (Chairman) Date of Award: Dec- 4Y, 2Qc,-7 im, u o - h Notice of try ©f ?.e?rard Now, the day of , 20 _,at A;Aff: , -L -M-, the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: S 35p, 00 By: thon ry Deputy Yfi p? FRANK RYAN DAVENPORT, Plaintiff V. JEFFREY WILEY and TAMMY WILEY, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3302 CIVIL ACTION NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is hereby given that Jeffrey and Tammy Wiley, Defendants, appeal from the award of the board of arbitrators entered in this case on December 6, 2007. A jury trial is demanded [ ]. (Check box if jury trial is demanded. Otherwise jury trial is waived.) The compensation for the arbitrators has been paid. Respectfully submitted, Neuharth Law Offices Aaron J. Neuhart?Esquire? , I d. No.: 8862 Attorney for Appellants 232 Lincoln Way East P.O. Box 359 Chambersburg, PA 17201 (717) 264-2939 a ? cr% FRANK RYAN DAVENPORT, Plaintiff, V. JEFFREY WILEY and TAMMY WILEY, husband and wife, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-3302 CIVIL ACTION PRAECIPE TO SATISFY SETTLE AND DISCONTINUE TO CURTIS R. LONG, PROTHONOTARY: Please mark the above-captioned case satisfied, settled and discontinued and mark the judgment related thereto as paid in full and issue evidence of the same to the undersigned. Date: July Wit, 2008 IRWIN & McKNIGHT Matthew cKnight, Esquire Supreme Court ID #93010 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff NEUHARTH LAW OFFICES Aaron J. Neuharth, Esquire Supreme Court ID # 9 C(o ds 232 Lincoln Way East P. O. Box 359 Chambers; urb PA 17201 (717) 263-2928 Attorney for Defendants z e: