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HomeMy WebLinkAbout03-4086 J COMMONW'ALTH O' PENNSYLVANIA COUItT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DIS'Il.CT DISTRICT JUSTICE JUDGMENT COMMONPLlAS_ qi-l/Of~ c_l~i/ NOTICE OF APPEAL AuJc{s~ ~O. ~03 Notice is gMon that the appellant has filed in the above Court of Common Pleas an appeol from the judgment rendered by the Distrid Justice on the date and in the case __tioned belo... ~-;:;NT~~ '-~~~~'S I""'~';~\~~ '\.lS.~t;::LlANf C~\'~-S'-E ~ C~" ~L- \\- l ~~ \ I :1.~ ~() ~ ~~';'\: ~~~ ~ II \~~~ If:(~~ ~ C)P ~ Y.AIm Ni!r SIGNATURE OF APPalANT J~fOii:N!Y~ AdEJ' c::::.or'>t:>~~~- ,==>,-... CV LT This block will be signed ONLY when this nota~on is required undo< Po. R.cP JP. No. 10088. This Notice of APIi>eoI, when received by the District Jus~ce, will operate a. a SUPERSEDEAS to IIje judgment for po......ion in this ca... ~ ~Oc::r--~ If appellant was CLAIMANT (see Pa. R.cP.JP. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his 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.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from ccpy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Nwne 01 appe!Iee(S! , appellee(.), ta file a complaint in this appeal (Common Plea. No. ) within twenty (20) day. after service of rule or .uffer entry of judgment of non pros. Signahxe 01 appe//sIlt or his ._ or agent RULE: To Nwne 01 appe!Iee(S) , appeIIee(.). (1) You are nolified that a rule i. hereby entered upon you ta file a c""",,,in! in this appeal within twenty (20) day. ofter the date of service of this rule upon you by personal so<vice or by certified or registered maiL (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if so<vice was by mail is the date of mailing. Date: ~ of Pt'ottraa.t or DIpufy AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proal 01 service MUST BE FILED WITHIN TEN (10) DAYS AFTER liling the notice 01 appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF . S5 AFFIDAVIT: I hereby swear or affirm that I served o a copy oj the Notice ot Appeal, Common Pleas No, upon the District Justice designated therein on (date 01 service). 0 by personal service 0 by (certiiled) (registered) mail, sender's receipt attached hereto, and upon the appellee, _~ ,~.~_ ~~____~___~. _, on ____~__ .'_ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, o 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 0 by personal service 0 by (certified) (registered) mail. sender's receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF (') c- ~. i'/JS .- ) My commissiQn expires on ~F I COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 03- t..(oS& c:,vd NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE f,,, ,..'~ 09-1-01 PLAINTIFF: fRHOADS, Dq~A 1812 CARLISLE ,CAMP HILL, PA L NAME and ADDRESS ,/#} , . .. ' ./ Mag. DiM No" OJ Name: Hon L ROAD 17011 I CHARLES A. CLEMENT, JR. Address: 400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717) 774-5989 17070 ..J VS. DONNA L. RHOADS 1812 CARLISLE ROAD CAMP HILL, PA 17011 DEFENDANT: NAME and ADDRESS 'POPE, EDWARD/ANDREA 724 HARDING STREET NEW CUMBERLAND, PA 17070 L r Docket No.: CV- 0000244 - 03 Date Filed: 5/30/03 ..J 1& '!f 11 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT.ll..INTIFF ~ ~ Judgment was entered for: (Name) ~ffo:&.nR, n01\1llT:&. T. Judgment was entered against: (Name) POPE, F.nW:&.Rn/ANnRF.ll.. in the amount of $ 4'i4 _ 82 on: (Date of Judgment) 7/22/0'" o Defendants are jointly and sa\(erally liable> -:v ~. (~~ o Damages will <<jilssesse~: -:n- (J' -- o This case disrr1iSsed without prejudice. ""l c;;r- - (- tv O Amount of Judgment Subject to U Altachment/42d'a.C.S. S 8127 $ --- o Portion of Jud~nt for physical damages arisi'tlg!out of residential lease $ .Jc:\' ,__ 'I -c ANY PART\[ HAS THE FlIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT 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 BE 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. (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ $ $ $ $ 384.82 70.00 .00 .00 454.82 Post Judgment Credits Post Judgment Costs $ $ ------------ ------------ Certified Judgment Total $ JUl 22 2003 Date ~Q~.f,{' , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2008 SEAL AOPC 315-03 DATE PRINTED: 7/30/03 10:17:20 AM ~ ~ .:t:' - ..r:: - w --\.i - --r-'it'; "-S~~. '2;f ~~. -'I-> ~ ~ "1 :0', ~ ~ \-> ~ c:. ~ l '^ o ~-:; ." "~ ,-J , {=', .'r {/l .,.;".."" "Jf . . PROOF OF SERVICE OF NOTICE OF APPEAL AND BULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (to) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OFC~2_~~~'~'" ,..-...; ss AFFIDAVIT: I hereby swear or affirm that I served ' 1'3" a copy 01 the Notice 01 Appeal, Common Pleas No. o:3~~I",,<:;" ,L. upon the District Justice designated therein on (date of service) a~C;; ~ '\ ~O"'~ _-----,-"D by P, ,e" rsonal ;"',e.,,r.VIce '6?;l,b ,y (cer"til,ied) (regl,s. ,t,ered) mai.,I,.,. ,sender'S receipt attached hereto, and upon the appellee, (name)~~~ E:~~~ .-- --, on ~~~_, ':::>'00 ~'" 0 by personal service B-by (cerlitied) (registered) mail, sender's receipt attached hereto, o and lurlher that I served the Rule to File a Complaint accompanying the above Notice 01 Appeal upon the appellee(s) to whom the Rule was addressed on _.._.-- ___'___' 0 by personal service 0 by (cerlitied) (registered) mail. sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ,,_ 2.H=._ DAY OF ~uci::.. 2c.<:6 Of:~~'"~- -1[,,';IOffiC!ar'- M ~~1~~~8~~~~;~;'~~~ My Commission Expires April 4. 2005 .._._,_~___...,..,,,.,.._._,..n -~~.,~~",..".,.__.,',._- Signature 01 alliant ~ ..:l' >- '" ~ ~? C =>~ tJ. C)7 r- :c: a::~: Cl~ I,L_': <: ')>' C)~:;. ie co 'c,5;:! OU; ~nfJ ~'--L '" :]2 U:7 u:lU t.!) I.1JUJ - ~1: :::> 0:1 a.. ~. c:[ :;:;; ~ M ::::> C> U C_NWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PUAS No. 03 f./()'tl. . . / - (" ("LI NOTICE OF APPEAL A-~~~ '0, ~003 Notice is gi- that the appellant has filed in the above Caurt af Cammon Pleas an appeal from the judgment , d by the District J",lice an the date and in the case met <IivIled be""" I I I I I I i I ory SIGNA, vs. . NO. OR NAMf OF OJ. \ . CV "'~~"')Io.I.~_ 0:-.:'3 IT This black will be signed ONl V when this notafian is required under Po. R.cP JP. No. 10088. Thi> Notice of Appeal, when recei-=l by the District Justice, will operole as a SUPERSEDEAS ta the judgment far possession in this case. Signature of ProIhonofiiiY ex Deputy " appellant was CLAIMANT (see Pa. R.C.P.J.P. No. tOOt (6) in action before District Justice, he MUST I 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 at fOrm to be used ONLY when appeflant was DEFENDANT (see Pa. R.C.P.J.p. No. 100 1 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appeIfee). PRAECIPE: To Prothonotary Enter rule upon Name of _Iee(SI . appellee(s), ta file a complaint in thi> appeal (Cammon Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To SigJature of ~_ or his attorney or agent Name of _sl . oppeHee(s). (I) Voo are nofified that a rule is hereby entered upan you 10 file a complaint in this appeal within twenty (20)-days after the dale of service of this rule upon you by personal service or by certified or registered mail (3) The date of service of this rule if service was by mail is the date of mailing. (2) If you do not file a complaint within thi> fime, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. 0Qte: SiglfIture 01 AW........, or Dopny / I I I , I I i I ,~ 4o.0PC 312.90 COURT FILE CJ .-'l en ru~~;;,,~~~S:.~~~_c>S"<S;ummmmmmum ~ ~::~;: :i~~~' J. ~'-~\~u'S~____u________ l'-C"Y"'~"h' (">, ~ ' I::W'-'-''''''''~~_ \'\0'10 "I' _' _ - ,.._milD ,t (',.f!" r4 R Lr 1 o (Erdol,,>'l CJ CJ ",.',f!" ~(I II! !O Rils!r \o'd (Endo "er"'1 mjf,,,. '!<I..Jir;cl yotfl P{,~t<9' f. F,tas IL $ <:(<J, I e- -n:- l "' I -" L Certified Mail Provides: iii A mailing receipt · A unique identifier for your rnailpiece · A signature upon delivery IfI A record of delivery kept by the Postal Service for two years Important Reminders: l'l~er,ifiGd Mail iN,y ONl y ~)Q combined with First-Class Mail or Priority Mail. ~ '::crtified Mail is not available lor any class of international mail. . hiO INSUF,ANCF COVERAGE IS PROVIDED with Certified Mail. For valuables, plea{?8 consider Insured or Registered Mail. . For an additional' fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the 1-::8. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is reqUired. . For an additional. fee, delivery may be restricted to the addressee or addr9ssee's auttlorlzed "'gent Advise the clerk or mark the maifpiece wIth the pndorsement "Restncted Dellverv". . !f 2 postmark on tll(> Certified Mail receipt is desired, please present the arti- cle al trle post alflce tor pastmClrklng. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, January 2001 (F1everse) 102595-01-M-1049 LEMOVNE. PennsYlvania 1/0431628 08/27/2003 (800)275-8777 02:46:34 PM sa~t Product Sale Unit Final DescI'lptlon Qty Price Price NEW CUMBERLAND PA 17070 $0.37 First-Class Raturn Receipt $1.75 Certified $2.30 Label Serial #: 70012510000141376389 -----..-- -------- Issue PVI: $4.42 Total: Paid by: Cash Change Due: $4.42 $5.52 -$1.10 'BIII#: 1000300829065 Clerk: 03 Refunds only per DMM P014 ----- Thank you for your business _____ Customer Copy H UNITED STIJ.TES /_, POSTIJ.L SERVICE ?6~E ~ UNITED STIJ.TES IJjij POSTIJ.L SERVIC! ~,;,< ,'o""r'-t""'"'t.. 'i ',. I",~rk " u.s. eos~al Service I CER IFIEO . 'll- RECEIPT (Dome Ie Mail CJrItJ o~fhsllt anee Coverage provj(Jed) 1 ~ L~JI~ i~gH'Lhrl:t~.171Ifo r- fT1 ,." ;T '.:".lqe edl""d :''.19 W,':;? -i:L3f -n.75 ~o.oo ,_ H.42 " j CJ ,." '" : .~v~~;~ ~';;~cE~ks~-ii-------------- g .~~:.~_~~_~~. :~__. _..~~:--~.;.~~~_____S~:;:~':~~________+uuu__.n r"- City,State,,"IP+4 C _ t--J"-" 0~'ll"i:Q..~~ ,~~ ..."....-.,... .................. ,." CJ CJ CJ RH!um leCHpt 1:'l'9 (Endorsem" t R"'Wlled) Aestncted Jelivwy I'oe (Endorsemf \t Required) Total Posl 3gB & Faes Certified Mail Provides: . A mailing receipt . A unique identifier for your mailpiece . A signature upon delivery iii A I'ei;ord of delivery kept by tile Postal Service for two years Important Reminders: III Certified Mail may ONLY be combined wittl First-Class Mail or Priority Mail. I! Certified Mail is not available for any class of international mail. . NO INSURANCE'COVERAGE IS PROVIDED with Certified Mail. For valuables, plea'Se Cbnsider Insured or Registered Mail. ". . For an addition<j~, a Return Receipt may be requested to provide proof of deli\!.ery. \fa obtain turn flees. ipt service, please complete and attach a Return Receipt (PS Form 11) 'ki the article and add applicable postage to cover the fee. EndorS€ man~ ce ,''Retum Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required. . For an additional. fee, delivery may be restricted to the addressee or addressees authonzed agent. Advise the clerk or mark the mail piece with the ondorsement "Restncted DelIVery" . If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarkmg. If a postmark on the Certified Mail receipt IS not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS FOI-m :1800, January 2001 (I'feverse) 102595-01-M-1049 LEMOVNE. 'PennsyI vanl a, , 110431628 ' , 08/27/2003 (800)275-8777 02:45:45 PM ------ Sa~ecelPt Product Sele Unit Description Qty Price NEW CUMBERLAND PA 17070 First-Class Return Recel pt $1. 75 Certified $2,30 Label Serial #: 70012510000141376372 ~------- -------- ISsue PVI: $4.42 Final Price -- $0.37 Totel: Paid by: Cash Chenge Due: $4.42 $10.00 -$5.5B B i I 1*: 1000300829057 Clerk: 03 Refunds only per OMM P014 ----- Thank you for your business _____ Customer Copy GI.--g<1lC)ST .t l d\JlTED STATES " .iIH' pC'lSTAL SERVICE ~ UNITED STATES.. ~ POSTAL SERVICE Law Offices of Susan K. Pickford 3344 Trindle Road Camp Hill, PA 17011 (717)612-1660 ID # 43903 DONNA RHOADS Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Vs NO. .) () 0 3- 0 '( 0 ? G, EDWARD POPE and ANDREA POPE, Defendants ACTION - CIVIL NOTICE Your have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (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. Lawyer Referral Service Cumberland County Court House 1 Courthouse Square Carlisle, P A 17013 Phone: (717) 240-6200 DONNA RHOADS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Vs NO. EDWARD POPE and ANDREA POPE, Defendants ACTION - CIVIL COMPLAINT IN CIVIL ACTION Plaintiff, by her attorney, Susan K. Pickford, Esquire, demand damages of the defendants herein upon causes of action whereof the following are statements: I. Plaintiff was the leasee of the residential property located at 1702 Chowning Way, New Cumberland, Pennsylvania 17070 from August 1,2001 until April 1, 2003. 2. Defendants were the owners and lessors of said residential property during all times relevant to this complaint. Defendants reside at 724 Harding Street, New Cumberland, PA 17070. 3. The subject property is located in Cumberland County. 4. On or about August 1, 2001 the parties entered into a lease for a one year term. (A copy of said lease is attached hereto as Exhibit A) 5. At the time of the lease agreement Plaintiff paid a security deposit per the agreement of $850.00. 6. On or about August 1, 2002, the parties entered into a supplemental lease for the period August 1, 2002 through April 1, 2003. (A copy of said supplemental lease is attached hereto as Exhibit B). 7. Plaintiff moved out of the leased property on March 31, 2003 at the end of the lease period. 8. Plaintiff presented the leased property to the Defendants at walk through in a clean condition with only minor damage. 9. Plaintiff offered to repair the minor damage at the time of the walk through but was told by Defendants not to bother. 10. Defendants failed to return the security deposit to Plaintiff within 30 days of March 31, 2003. 11. Defendants failed to provide Plaintiff with an itemized list of damages as deducted from the security deposit paid within 30 days of March 31, 2003. 12. On or about May 1,2003, Plaintiff had neither received a letter alleging damage to the property nor an itemized list of damages deducted from the balance due her. 13. On or about May 14, 2003 Plaintiff sent a registered letter to Defendants requesting the return of her security deposit. 14. On or about May 21, 2003, Plaintiff received a letter from Defendants' attorney indicating for the first time that the security deposit would be applied to alleged damages. Reference was made to a letter of notice from Defendants within the 30 days but none has been produced to date. Plaintiff never received said letter. 15. Defendants knowingly misrepresented and exaggerated the damages to the leased property . 16. Defendants include in their alleged damages expenses for aesthetic repair and normal wear and tear. COUNT I FAILURE TO RETURN SECURITY DEPOSIT PURSUANT TO 68 P.S. 250.512 17. The averments contained in paragraphs 1 through 16 are incorporated herein. 18. Defendants have failed to comply with provisions of the Pennsylvania Landlord Tenant Act of 1951 as amended in 1972 requiring return of security deposit within 30 days of surrender of the premises or in the alternative, providing within 30 days an itemized list of damages to be assessed against the deposit. WHEREFORE, Plaintiffs demand double damages in the amount of$1700.00. COUNT II VIOLATION OF PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAWS 19. The averments contained in paragraphs 1 through 18 are incorporated herein. 20. Defendants are alleging damages for repairs that were not made to the premises prior to its eventual sale. 21. Defendants have exaggerated the extent of damages to the kitchen floor and have assessed damages for complete replacement as opposed to repair. 22. Plaintiff offered to make repairs to the minor damage and Defendants told her not to bother. 23. Defendants have assessed as damages expenses to make aesthetic upgrades to the premises do to normal wear and tear. WHEREFORE, Plaintiffs demand damages of Defendants herein for treble damages of $2,750.00, Plaintiff's costs and attorney's fees. VERIFICATION I verify that I am the petitioner as designated in the present action and that the facts and statements contained in the above Complaint are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of IS Pa.C.S. Section 4904 relating to unsworn falsification to authorities. :U~~t'I~~ Donna Rhoads ~\'(~'O~ J Date LEASE THIS IS A RESIDENTIAL LEASE. EACH TENANT SHOULD :R.EAD THIS LEASE CAREFULLY. EACH TENANT SHOULD. NOT SIGN THIS LEASE UNT::::, EACH TENANT UNDERSTANDS ALL OF THE AGREEMENTS IN THIS LEASE. , 1. NAMES OF L.Aln>LORD AND TENANT "..~ .1 Name of the Landlord: ~~~~ Name(s) of the Tenant(B);""l ~~' POP!L_ ~---_.._._.. 2 . LEASED PROPERTY The leased property is the place that Landlord agrees ~c' lease to tenant. The leased property is: 3. STARTING AND ENDING DATES OF LEASE AGREEMENT This This lease starts on 'if lease ends on ( R,l 01 01 4. RENT The amount of rent is: $ ~73. 00 each month Tenant agrees to pay the monthly rent in a,dvance on or before the ~ day of each month. Landlord does not have tl) ask (make demand upon) tenant to pay the rent. Tenant agree:;' to pay rent by first class mail postage prepaic. or in person 1.0 landlord at the p~ace specified by landlord. Tenant agrees to pay a late charge of $~QQ per day :1:' tenant does not pay the rent on time. If tenar.,t mails the rel It to laridlord, ,the date of payment will be the date the letter :s postmarked. 5. SECURITY DEPOSIT Tenant agrees to pay a security deposit of $~()()O Tenant agrees to pay the security depo~it to landlord before the lease starts and before landlord gives possessio::J of the leased property to tenant. Landlord can take money from the security deposit to pay for any damages caused by tenant, tenant's family and tenant'~ guests. Landlord may take the security deposit to pay ;:or anI unpaid rent. ' EX~',blt A SINGLE FAMILY RESIDENCE AGREEMENT Landlord: EAtuo~d "if AA.JdI:~ t:bP-L Tenant: .i:::JoAJIV~ PII-t'i-1-d S. Leased Premises: I ? () ~ :ro .s ,'0.4 C.Ae> """.d..J 1 ~y Starting Date of Lease: cr - I;.. 0 I Ending Date of Lease: Cf - / - 0 ~ 1. Tenant agrees to keep the leased premises clean and I,itter-free. Tenant agrees to obey all trash removal and recycling regulations. 2. Lau10rd agrees to have msUIllllCe on the building and landlord's property at the leased premises. Landlord will not keep insurance on tenant's own ploperiy. Tenant agrees that tenant is responsible for the property oftenant's family and the property of tenant's guests. 3. Tenant agrees that tenant is in control of the entire leased premises. tenant agrees that landlord and landlord's representatives have the right to come upon the leased premises to inspect, to do repairs and maintenance and to show the property to others. Landlord and tenant agrees that this SINGLE FAMILY RESIDENCE AGREEMENT is part of the lease between landlord and tenant Date: 7- / '-/-0 / Signature of Landlord: ~E"(j 1 ~ ~~ /bJ--C Signature ofTen8nt (8): - ~~~~ A). r""^' /,,-\ After taking out for damages and unpaid rent, landlol:'d agrees to sel1d to tenant any security deposit money left OVI!l', Landlord will send the remaining security deposit money to tenant no later than 30 days after the J,ease ends and terian1~ leaves. Landlord also agrees to send to tenant a written list of damages and amounts of money taken from the security , deposit.. ' Tenant agrees to give landlord a written forwarding address when tenant leaves and the lease ends. Tenant may not use the security deposit as payment of th~, last month's rent. 6 . LUmLORD' S D1J'1'r AT TBB STUT 01' TBB LllASlII Landlord agrees to give tenant possession of the lElased property on the starting date of the lease. The lease will start even if landlord cannot g.ive tenant possession of th.e leased property because the prior tenant is still in the leased property or the leased property is damaged. II' I.ANDLORD CAlmO'X' GIVB TI1f.Uft' POSSBSSIOR, TIDIAHT DOBS NOT BAVB '1'0 PAY RlINT tJlrt:u, DB DAY t,AIl'DLORD QIVBS POSSISSIOJI 01' TBI I.1IIASBD PROPIRTT TO TII1QIfl' . 7 . J>>llIAQI '1'0 IoUSBD noPDTY Tenant agrees to notify landlord immediately if the leased property is damaged by fire or any other cause. Tenallt agree" to nofity landlord if there is any condition in the lealled. Pl:'operty that could damage the leased property or harm tenant or others. If tenant cannot live in the whole leased property because it is damaged or destroyed, tenant may: 1) live in the undamaged part of the leased property and pay less rent until the leased property is repaired. 011. 2) end the lease and leave the leased property. Tenant agrees that if the leased property is damaged ox' destroyed and tenant ends the lease, landlord has no further responsibility to tenant. 8 . IHSURANCB Landlord agrees to have insurance on the building where the leased property is located. Tenant's own 'prbperty j.s not insured by landlord's insurance. Tenant is responsible for tenant's own property that is located in the leased property. A3 ,~" r"., 9 . TUNSPBItS BY TJIlIIAft Tenant agrees not to transrer this lease to anyone else without the written permission of landlord. Tenant agrees not to lease all or any part of the leased property to anyone else without the written consent of: landlord. Tenant agrees that if tenant transfers thil!1 lease or leases all or a part of the leased property to another', tenar)l:~ has broken this lease. ' 10. RBIPONSIBILX'1'Y roll DAJD,QB TO PROPD'l'Y OR nfJURT TO PIIOPI:,lil Landlord is responsible for all damage to property or injury to people that is the fault of landlord or people employed by landlord at the leased property. 'I'enant is responsible for all damage to the leased property and injury tc people caused by tenant, tenant's family or guests., Tenant agrees that landlord is not responsible to l;enant r tenant's family or guests, for damage or injury caused by watel:', snow or ice that comes on the leased property ~tnless landlord was at fault. ' 11 . US. 01' LBASBD PROPBllTY Tenant agrees to use the leased property c1nly as a residence.' Tenant agrees to obey all federal, state and local laws and regulations when using the leased property. Tenant aHrees not to store any flammable or dangerous things in or around the leased property. Tenant agrees not to do anything in or around the :\,ellls,!!d. property which could harm anyone or damage any property. Tenant agrees that tenant will not. allow more than - people to live in the leased property without the written permission of landlord. 12 . ' RULU.um UGOLA'rIONS Tenant agrees to obey all rUles and regulations for the leased property. 'If tenant breaks any rules 01" regulations f:>;~ the leased property, tenant breaks this lease. 13 . LANDLORD'S RXGHT TO Pl1'1' A MORTGAGB OR TID LIlASBD PROPERTY. Tenant agrees that landlord has the right to put a mortgage on the leased property. I f landlord has a tn:)rtgagE> O::l. the leased property now, or if landlord gets a mortgage latel: r f1i{ f'. r"'\ tenant agrees that this lease is lower in right to the mortgage, that the landlord has put on the leased property. 14 . CAD Olr LDSml I'ROPDTY Tenant is responsible for, and will take good care of, the leased property and all of the property "in and around t:he leased property. Tenant agrees to pay for any damage which :i.B the fault of tenant, tenant's family and tenant's guests. Tenant agrees to move out artd give back the lea.sed property to landlord when the lease ends. 15 . LAllDLOJU)' S RIGHT TO DTJUl LDSBD PROPDTY Tenant agrees that landlord and people working for landlord may go into the leased property at "reasonable times. Landlord and people working for landlord may in,spect, make repairs, do maintenance, and show the leased property to others. ' 16 . unLITY SDVJ:CllS Landlord and tenant agree to pay for the charges for utilities and services supplied to the leased property, as follows: , Charge or Service. Paid By. . Television Cable 7<N~ Electric to Property *AJo,j-!- Water Service .,.....4JDM f'" Natural Gas /JI A Refuse Collection 1...,,j.J b.~ Lawn Maintenance, )...."'.1 ,l"...J. Snow and Leaf Removal ,L-.JJ.L......I. Water Softener Charges ~ Sewer Charges ltJ....4,(ol!...././.. Condominium Fee 1-~<! 1.= - Homeowner's Association Fee t..",.iL",~:l ------- Parking Fee ...4.14 , ._. Pest Control Charges L_~dJ....",J '-- Other: ~.... + 1114- 7':0. holl!. s" '".....)0.01...( , WI,..j... ttMI..A E/t"d''s 4JH~ ~~"" ..'''-.I,....'; Landlord has the right to turn off service to the leased property in order to make repairs or to do maintenance. 1 7 . WHAT JD.PI'IHS IIr TKlIlUf'r BRDltS ANY AQRKBKlRTS IN 'rRXS L!l:A;!)]~ When tenant does not do something that tenant has C1greed to do. tenant breaks this lease. ~6 If tenant breaks this lease, tenant may lose tenant's security deposit. If tenant breaks this lease, landlord also can sue tenan: for other expenses and may go to court, to remove tenant from the leased property. If there is only one tenant on this lease" then the: landlord can only sue one tenant for that tenant's breaking the agreements made in this lease. If there is more than one tenant, then the landlord carl sue all tenants together as a group. Tenant breaks this lease if tenant: 1) Does not pay rent or other charges to landlord on time 2) Leaves the leased property for good without the landlord's permission before the end of the lease 3) lease Does not leave the leased property at the end of tho" 4) Does not do all of the things that tenant agreed to do in this lease If tenant breaks the lease, each tenant ag:::ees to g'ive U'" the right to have a notice to leave, also known as a Notice tc Quit. This means that the landlord may file a lawsuit in court asking for a court order evicting each tenant f:::om the leased property without giving each tenant Notice to Quit first. Landlord does not have the right to throw tenant but of the leased property. The landlord can only evict tenant by court action. The landlord does not have the right to sue in court for eviction unless a tenant has broken the agreements in this lease. Even though each tenant is giving up Notice to Quit, each tenant will have a change in court to have a judge deci.dH on landlord's claim for eviction. If tenant breaks the lease agreement, the landlord may 8ue each tenant in court: 1) damages lease. To collect overdue rent, late charges and money caused by tenant's breaking the agreements in the 2) To get the leased property back (eviction). AI; LBASB THIS IS A RBSIDBN"1'IAL LEASE. BACH TBNANT SHOULD READ THrS LBASE CARBPULLY. BACH TBNANT SHOULD NOT SIGN THIS LEASH UNTIl., BACH TIINAN'l' UNDBRSTANDS ALL 01' THB AGRBBMBN'l'S IN THIS LBASE. 1 . NAMES 01' LANDLORD AND TBNANT Name of the Landlord: Ed.w;:,~ Q~J 1::::]:'" I~ p- Name (s) of the Tenant (s): __Ah4 __ 2 . LEASED PROPBRTY The leased property is the place that Landlord agrees te> lease to tenant. The leased property is: /7t!J;.). JO~,'q~ ck...u...,;..... , WQ7 01' LEASB AGRBBMBN'l' 3. STAATING AND ENDING DATBS This lease starts on 6'3'-0/-o.::t This lease ends on 0 t,I - t!:J I - t!) S 4 . RBNT The amount of rent is: $ ~Oc:l. DC> each month Tenant agrees to pay the monthly rent in advance on or before the ::t :sr day of each month. Landlord does not have to ask (make demand upon) tenant to pay the rent. Tenant agrees. to pay rent by first class mail postage prepaid or in person t;:, landlord at the place specified by landlord. Tenant agrees to pay a late charge of $ ..:L.Po per day if tenant does not pay the rent on time. If tenant mails the rent: to landlord, the date of payment will be the date the l.etter i; postmarked. 5. SBCURITY DBPOSIT Tenant agrees to pay a seCurity deposit of $ AlA Tenant agrees to pay the security deposit to landlord before the lease starts and before landlord gives possession Cof. the leased property to tenant. Landlord can take money from the security deposit to pay for any damages caused by tenant, tenant's family and tenant'E guests. Landlord may take the security deposit to pay for any unpaid rent. Eih! bit 0 Landlord: SINGLB FAMILY RBSIDENCB AGREEMENT Ed<.o.J~ I aN' AAlcI~",.. ro~ Tenant: DON 4.1"'1 e /(o.. Jr /70;') J'b~;"" , o(o.....'-'.~! We,? Leased Premises: Starting Date of Lease: 08-0/-0.), Ending Date of Lease: 6q - of - 0 J 1. Tenant agrees that tenant will remove the snow and ice from the sidewalks within a reasonable tim(~. Tenant agre ~s to obey all snow and ice removal regulations. 2. Tenant agrees that tenant will mow the lawn and keel the landscaping in a neat condition. 3. Tenant agrees to keep the leased premises clean anr.:, litter-free. Tenant agrees to obey all trash removal and recycling regulations. 4. Landlord agrees to have insurance on the building and landlord's property at the leased premises. Landlord will net. keep insurance on tenant's property. Tenant a9rees that tenant is responsible for tenant's own property. Tenant agrees that tenant is responsible for the property of tenant's family and the property of tenant's guests. 5. Tenant agrees that tenant is in control of the entire leased premises. Tenant agrees that landlord and landlord's representatives have the right to come upon the leased premisEs to inspect, to do repairs and maintenance and to show the property to others. Landlord and tenant agree that this SINGL!!: FAMILY RESIDENCE AGREEMENT is part of the lease between landlord and tenant. Date: H ~F))~~...., S~1~rd' {~ tJ/j.L , ~-~~~~ 6-:1 After taking out for damages and unpaid rent, landlord agrees to send to tenant any security deposit money left over. Landlord will send the remaining security deposit money to tenant no later than 30 days after the lease ends and tenant leaves. Landlord also agrees to send to tenant a written list of damages and amounts of money taken from the security deposit. Tenant agrees to give landlord a written forwarding address when tenant leaves and the lease ends. Tenant may not use the security deposit as payment of th:, last month's rent. 6. LANDLORD'S DUTY AT TBB START OF TBB LBASE Landlord agrees to give tenant possession of the leased property on the starting date of the lease. The lease will start even if landlord cannot give tenant possession of the leased property because the prior tenant is still in the leas~d property or the leased property is damaged. IF LANDLORD CANNQT GIW TIlNAN'T POSSBSSION, TBNANT DOBS NOT HAW TO PAY RENT tl'N'l'I! THE DAY LANDLORD GIVBS POSSBSSION OF THB LEASED PROPERTY TO TENANT . 7 . DAMACD TO LBASBD PROPBRTY Tenant agrees to notify landlord irmnediately if the leas!:d property is damaged by fire or any other cause. Tenant agree. to nofity landlord if there is any condition in the leased property that could damage the leased property or harm tenant or others. If tenant cannot live in the whole leased property because it is damaged or destroyed, tenant may: 1) live in the undamaged part of the leased property ar'd pay less rent until the leased property is repaired. OR 2) end the lease and leave the leased property. Tenant agrees that if the leased property is damaged or destroyed and tenant ends the lease, landlord has no further responsibility to tenant. S . INSURANCE Landlord agrees to have insurance on the building where the leased property is located. Tenant's ownprbperty i.1> not insured by landlord's insurance. Tenant is responsible for tenant's own property that is located in the leased property. 03 9. TRANSI'BRS BY TBNANT Tenant agrees not to transfer this lease to anyone else without the written permission of landlord. Tenant agrees not to lease all or any part of the leased property to anyone else without the written consent of landlord. Tenant agrees that if tenant transfers this lease or leases all or a part of the leased property to another, tenanj'~ has broken this lease. 10 . RBSPONSIBILITY I'OR DAMAGB TO PROPBRTY OR INJURY TO PEOPI,B Landlord is responsible for all damage to property or injury to people that is the fault of landlord or people employed by landlord at the leased property. Tenant is responsible for all damage to the leased property and injury to people caused by tenant, tenant's family or guests, Tenant agrees that landlord is not responsible to tenant. tenant's family or guests for damage or injury caused by water', snow or ice that comes on the leased property unless landlord was at fault. 11. USB 011' LlIASBD PROPBRTY Tenant agrees to use the leased property e,nly as a residence. Tenant agrees to obey all federal, state and loca: laws and regulations when using the leased property. Tenant agrees not to store any flammable or dangerous things in or around the leased property. Tenant agrees not to do anything in or around the :\eased property which could harm anyone or damage any property, Tenant agrees that tenant will not allow more than people to live in the leased property without the written-- permission of landlord. ' 12 . RULBS AND RBGOLATIONS Tenant agrees to obey all rules and regulations for the leased property. If tenant breaks any rules or regulations f:,r the leased property, tenant breaks this lease. 13. LANDLORD'S RIGHT TO PUT A MORTGAGB ON THB LBASBD PROPERT~~ Tenant agrees that landlord has the right to put a mortgage on the leased property. If landlord has a mortgage ':'n the leased property now, or if landlord gets a mortgage later, 6'1 tenant agrees that this lease is lower in right to the mortgage that the landlord has put on the leased property. 14. CARl OF LBASED PROPBRTY Tenant is responsible for, and will take good care of, the leased property and all of the property in and around the leased property. Tenant agrees to pay for any damage which it: the fault of tenant, tenant's family and tenant's guests. Tenant agrees to move out and give back the leased property to landlord when the lease ends. 15 . LANDLORD'S RIGB'l' TO :lNTBR LBASED PROPBRTY Tenant agrees that landlord and people working for landlord may go into the leased property at reasonable times. Landlord and people working for landlord may inspect, make repairs, do maintenance, and show the leased property to others. 16. UTILITY SBRVICBS Landlord and tenant agree to pay for the charges for utilities and services supplied to the leased property as follows: Charge or Service. Television Cable Electric to Property Water Service Natural Gas Refuse Collection Lawn Maintenance Snow and Leaf Removal Water Softener Charges Sewer Charges Condominium Fee Homeowner's Association Parking Fee Pest Control Charges Other: Pdd By I 7~",,~ ~AJ&""-+- r.......Ao.... t- ~A J.. ".c.J-L L",#,{ J.&.otLJ,J l.o~.J L&..u..J~I*t.d /U4 t~'!./o,"~ ..... L8~ t.o"," "',,:/ --V""l ._ ~ ,J~ ' Ce, ::.: 1-... 7'b iJ~ S ...."'OM:;. WI,'S"" 1'a-u...A El<"irS <.Jar J.:..s... .r-~-J.:"'" the right to turn off service to the leased to make repairs or to do maintenance. Fee Landlord has property in order 1 7 . WHAT HAPPENS IF TBHANT BRJlAJtS ANY AGREBMENTS IN THJ:S LEME When tenant does not do something that tenant has agreed to do, tenant breaks this lease. ~j If tenant breaks this lease, tenant may lose tenant's security deposit. If tenant breaks this lease, landlord also can sue tenant for other expenses and may go to court to remove tenant from the leased property. If there is only one tenant on this lease, then the landlord can only sue one tenant for that tenant's breaking the agreements made in this lease. If there is more than one tenant, then the landlord can sue all tenants together as a group. Tenant breaks this lease if tenant: time 1) Does not pay rent or other charges to landlord on 2) Leaves the leased property for good without the landlord's permission before the end of the lease 3) lease Does not leave the leased property at the end of the 4) Does not do all of the things that tenant agreed to do in this lease If tenant breaks the lease, each tenant agrees to give U:I, the right to have a notice to leave, also known as a Notice tc Quit. This means that the landlord may file a lawsuit in cou~t asking for a court order evicting each tenant from the leased property without giving each tenant Notice to Quit first. Landlord does not have the right to throw tenant but of the leased property. The landlord can only evict tenant by court action. The landlord does not have the right to sue in court for eviction unless a tenant has broken the agreements in this lease. Even though each tenant is giving up Notice to Quit, each tenant will have a change in court to have a judge deci.d~: on landlord's claim for eviction. ' If tenant breaks the lease agreement, the landlord may sue each tenant in court: 1) damages lease. To collect overdue rent, late charges and money caused by tenant's breaking the agreements in the 2) To get the leased property back (eviction). ~~ ""'"" -- '-' .c_ ~, (') c- ;?; .~~,71~< :::1 -<: -""",; 9 r...) a ...., = "'" .,~ o -" =::i rf'i~ j- ':-':I;q .-'JCl co, , c-,e::> ?,'~;:~: '- ~ ;-n -j -,.. ~ :::0 a " =< pd \ans \andpopevrhoads. landlrdten. ansnewmt. 3-30-04 DONNA RHOADS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003 - 04086 EDWARD POPE, AND ANDREA POPE, Defendants CIVIL ACTION LAW ANSWER AND COUNTERCLAIM WITH NEW MATTER AND NOW comes the Defendants, EDWARD POPE and ANDREA POPE, by and through their attorneys, Stone LaFaver & Shekletski, and file this Answer and Counterclaim with New Matter to the complaint filed by plaintiff, DONNA RHOADS, and avers the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part and Denied in part. It is admitted that the parties did a walk-through inspection on March 31, 2003, the same day that the Plaintiff moved out of the leased property. It is -1- specifically denied that there was only "minor damage" to the property. By way of further answer, it is specifically alleged by the Defendants that the leased property was left in horrendous condition caused by the Plaintiff's dog, Plaintiff's smoking and other unknown causes. By way of further answer, on the day of the walk-through, the landlord had not been through the property in such a long time that Defendant/Andrea Pope was brought to tears when she was confronted with the townhouse's condition of filth. The most apparent of damages was so excessive that the landlords estimated that the cost to repair/refurbish far exceeded the deposit of $850.00. It is further averred that on March 31, 2003, the day of the walk through, that all the damages were itemized on that date and specifically pointed out to the Plaintiff who was provided with a verbal list at that time, and a written list a week or so later. Strict proof is demanded at time of trial. 9. Admitted in part and Denied in part. It is admitted that the Plaintiff offered to fix the minor damages at the time of the walk- through. By way of further answer, the landlords were in such a state of shock that they were not capable of assimilating the degree of damages at that time. Moreover, the property was subject to a sales agreement and the Buyers wanted to access to the property immediately on April 1, 2003, to begin the process of ripping out the urine saturated carpets, ripped vinyl flooring and other damages. It is -2- " specifically denied that the Plaintiff ever offered to replace the carpet, replace the vinyl flooring in the kitchen, replace the bi-fold doors in the first floor closet and the second bedroom door. It is specifically denied that the Plaintiff ever offered to repair the basement floor tile which was saturated with dog urine; the carpet throughout the house which had numerous doq urine stains and odor. It is denied that the Plaintiff offered to wash down the walls that were stained from the cigarette smoke so that they could be painted with a fresh coat of paint. Strict proof is demanded at time of trial. 10. Admitted and Denied. It is admitted that the Defendants failed to return the security deposit within 30 days of March 31, 2003. However, the Tenant failed to provide a correct address to forward any deposit if any due back to her within the statutorily provided time frame of 30 days as evidenced by her letter dated May 14, 2003, as required by 68 P.S. 5250.512 (e). See attached letter dated May 14, 2003" attached hereto and marked as Defendant's exhibit "A". 11. Denied. It is specifically denied that the Defendant failed to provide the Plaintiff with an itemized list of damages. Defendants provided a verbal list of damages on March 31, 2003, at the time of walk through of the property and followed up this verbal list with a written list which was sent to the Plaintiff on or before April 21, 2003. This list was extensive and itemized: ripped vinyl flooring -3- in the kitchen; bi-fold doors in the first floor closet and second bedroom door; basement floor tiles all sta:_ned by dog urine in a 12' x 12' area; carpet and padding stained throuqhout the house by dog urine; walls were so thick with cigarette smoke staininq that they had to be especially washed and treated before being re-painted; second floor master bedroom bathroom ceiling above shower destroyed from failure to use and too much moisture. By way of further answer, Defendants had a pending sales aqreement on this house to have settlement on or before April 18, 2003. As a result of the short time factor between the Plaintiff movinq out and the new owners settling on the property, the Landlord/Defendants were forced to sell this property for thousands of dollars less so that the Buyers could do the repairs themselves. Moreover, if the Plaintiff had wanted to repair the obvious damages, she should have offered to do this months before she moved out rather than wait until the last moment when it was no longer feasible. 12. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or -4- knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 13. Admitted in part and Denied in part. It is admitted that the Defendants have in their possession a letter dated May 14, 2003, from the Plaintiff demanding a full refund. The Defendants do not recall, therefore, it is denied whether the letter was sent registered mail. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylva- nia Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investiga- tion, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. 14. Denied. By way of further answer, Defendant provided written notice to the Plaintiff on April 21, 2003. By way of further answer, the Plaintiff did not provide written notice of an accurate address prior to her departure of where to send a potential deposit as required by the 68 P.S. 250.512 (e). In addition to this written notice, both the Plaintiff and the Defendants walked through the property together, observed and discussed the extent of the damages. The Plaintiff was fully aware of the extent of the damages to the -5- . leased property. Moreover, a letter was sent on behalf of the Defendants dated May 20, 2003, to the Plaintiff herein named. It is outside the knowledge of the Defendant when this letter was received. Proof thereof is demanded at time of trial that the letter was never received. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylva- nia Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investiga- tion, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. 15. Denied. It is specifically denied that the damages were greatly misrepresented and exaggerated. Testimony at time of trial presented on behalf of the Defendant Popes will show that the realtor who inspected the property at time of listing was aware of the damages to the property and because of the these damages had to undervalue the home, add the incentive of seller's help to provide the cost of repair. The realtor will testify that in his opinion the property should have sold for much more because of the location and the finished walk-out basement, but because of the extensive damage, had to lower the price and offer incentive seller's help to cover the cost -6- of the following: all the carpets needed to be replaced, new vinyl flooring in the kitchen due to dog urine damage, dog stains in the basement, baseboards chewed on by the dog. This Defendants listed this house with RE/MAX Realty and had a signed Sales Agreement dated February 23, 2003, with the new buyer. At that time, the realtor and the Defendants walked through the property. The realtor was also shocked at the poor condition of the home and will testify in Court to same. Defendants did receive several proposals to repair the ripped vinyl and paint the walls. Both of these estimates for a total of $4157.54 reflect the Sellers' help on the Settlement sheet. Said proposals attached hereto, marked as Defendants' exhibit ~B". and made a part of the record thereof. 16. Denied. See answer to Paragraph 15 which more fully details this denial. COUNT I FAILURE TO RETURN SECURITY DEPOSIT PURSUANT TO 68 P.S. ~250.512 17. The answers to Paragraphs 1 through 16 are incorporated herein as fully set forth above. 18. Denied. The Defendants walked through the property with the Plaintiff on March 31, 2003, and specifically pointed out those items that were damaged (the carpets, the vinyl floorings, the baseboards, the fan, the doors, the walls), and followed up this walk- -7- through with a letter dated April 19, 2003, that Defendants sent to Plaintiff on April 21, 2003. There is no requirement under the law that this letter be sent registered mail 'strict proof is demanded at time of trial that the letter was never received. By way of further answer, the Plaintiff is obligated under law to provide an accurate address where the deposit money, if any, is to be returned. By copy of her own letter, Plaintiff did not send out a letter with her new address until May 14, 2003, 45 days after she moved out. This is in violation of 68 P.S. 5.250.512(e) which states in pertinent part "failure of the tenant to provide the landlord with [her] new address in writing upon termination of the lease or upon surrender and acceptance of the leasehold premises shall relieve the landlord from any liability under this section". COUNT II VIOLATION OF PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAWS 19. The answers to Paragraphs 1 through 18 are incorporated herein as fully set forth above. 20. It is specifically denied that the damages were greatly misrepresented and exaggerated. Testimony at time of trial presented on behalf of the Defendant Popes will show that the realtor who inspected the property at time of listing was aware of the damages to -8- the property and because of the these damages had to undervalue the home, add the incentive of seller's help to provide the cost of repair. The realtor will testify that in his opinion the property should have sold for much more because of the location and the finished walk-out basement, but because of the extensive damage, had to lower the price and offer incentive seller's help to cover the cost of the following: all the carpets needed to be replaced, new vinyl flooring in the kitchen due to dog damage, dog stains in the basement, baseboards chewed on by the dog. This Defendants listed this house with RE/MAX Realty and had a signed Sales Agreement dated February 23, 2003, with the new buyer. At that time, t~e realtor and the Defendants walked through the property. The realtor was also shocked at the poor condition of the home and will testify in Court to same. Further, the new Buyers specifically wanted to repair the home once they moved in and requested that they be allowed access into the property on April 1, 2003; therefore, there was no time for the Defendants to repair the damaged property prior to the new owners moving in. The damages were carefully detailed in the letter to the Plaintiff and by the Sellers' agents and the Buyer's agent. This detailed list was contemplated when the parties reached a final sales amount. Both the sellers, Defendants herein and the realtors realized the extent of the damages by the tenants and believed that the best remedy for all involved was to allow the buyers's an allowance to -9- repair the damages and replace the vinyl flooring and carpeting that were ruined by the dog urine extensively throughout the home. Defendants herein are under no obligation by law to repair these damages prior to the sale of this property. Strict proof thereof is demanded at time of trial. 21. Denied. It is specifically denied that the damages were greatly misrepresented and exaggerated. Testimony at time of trial presented on behalf of the Defendant Popes will show that the realtor who inspected the property at time of listing was aware of the damages to the property and because of the these damages had to undervalue the home, add the incentive of seller's help to provide the cost of repair. The realtor will testify that in his opinion the property should have sold for much more because of the location and the finished walk-out basement, but because of the extensive damage, had to lower the price and offer incentive seller's help to cover the cost of the following: all the carpets needed to be replaced, new vinyl flooring in the kitchen due to dog damage, dog stains in the basement, baseboards chewed on by the dog. This Defendants listed this house with RE/MAX Realty and had a signed Sales Agreement dated February 23, 2003, with the new buyer. At that time, the realtor and the Defendants walked through the property. The realtor was also shocked at the poor condition of the home and will testify in Court to same. Further, the new Buyers specifically wanted to repair the home once -10- they moved in and requested that they be allowed access into the property on April 1, 2003; therefore, there was no time for the Defendants to repair the damaged property prior to the new owners moving in. The damages were carefully detailed in the letter to the Plaintiff and by the Sellers' agents and the Buyer's agent. This detailed list was contemplated when the parties reached a final sales amount. Both the sellers, Defendants herein and the Realtors realized the extent of the damages by the tenants and believed that the best remedy for all involved was to allow the buyers's an allowance to repair the damages and replace the vinyl flooring and carpeting that were ruined by the dog urine extensively throughout the home. Defendants herein are under no obligation by law to repair these damages prior to the sale of this property. Strict proof thereof is demanded at time of trial. 22. Denied. It is specifically denied that the Plaintiff ever offered to make the extensive and specific repairs to the property as the damages were costly and far exceeded the $850.00 deposit that the Defendants failed to return. Testimony at time of trial presented on behalf of the Defendant Popes will show that the realtor who inspected the property at time of listing was aware of the damages to the property and because of the these damages had to undervalue the home, add the incentive of seller's help to provide the cost of repair. The realtor will testify that in his opinion the property should have sold -11- for much more because of the location and the finished walk-out basement, but because of the extensive damage, had to lower the price and offer incentive seller's help to cover the cost of the following: all the carpets needed to be replaced, new vinyl flooring in the kitchen due to dog damage, dog stains in the basement, baseboards chewed on by the dog. This Defendants listed this house with RE/MAX Realty and had a signed Sales Agreement dated February 23, 2003, with the new buyer. At that time, the realtor and the Defendants walked through the property. The realtor was also shocked at the poor condition of the home and will testify in Court to same. Further, the new Buyers specifically wanted to repair the home once they moved in and requested that they be allowed access into the property on April 1, 2003; therefore, there was no time for the Defendants to repair the damaged property prior to the new owners moving in. The damages were carefully detailed in the letter to the Plaintiff and by the Sellers' agents and the Buyer's agent. This detailed list was contemplated when the parties reached a final sales amount. Both the sellers, Defendants herein and the Realtors realized the extent of the damages by the Plaintiff and believed that the best remedy for all involved was to allow the buyers's an allowance to repair the damages and replace the vinyl flooring and carpeting that were ruined by the dog urine extensively throughout the home. Defendants herein are under no -12- " obligation by law to repair these damages ~rior to the sale of this property. Strict proof thereof is demanded at time of trial. 23. Denied. It is specifically denied that dog urine saturated carpeting, urine stained vinyl flooring, and canine baseboard chewing is considered normal wear and tear. The fact that the dog was even on the premises and urinated everywhere throughout the home should cause any reasonable person to pause. Wherefore, Defendants respectfully request that this Court dismiss Plaintiff complaint with prejudice and award Defendants cost and attorney fees and any other relief as this Court deem just and proper. COUNTERCLAIM COUNT I DAMAGES TO LEASED PROPERTY 24. The answers to Paragraphs 1 through 23 are incorporated herein as fully set forth above. 25. Defendants listed this house for sale on or before February 23, 2003 with RE/MAX Realtors. At that time, the property at issue was listed at $94,000. After the Buyers walked through the property sometime thereafter, and while the Plaintiff, the tenant therein who still lived there, the Buyers went back tc the Realtors and offered a much reduced price after observing the condition therein. 26. Due to the horrible condition and state of the apartment, the Defendants were forced to reduce the cost of the sale of this -13- II . I I. rental property which was under a sales agreement by at least $4,000.00 to cover the additional costs associated with the cleaning and refurbishing of the house to remove and dispose and replace the carpeting throughout the house, and place new flooring in the kitchen and downstairs area. COUNT II FAILURE TO COMPLY WITH THE LANDLORD TENANT ACT OF 1951 68 P.S. ~250.512 ('ll 27. The answers to Paragraphs 1 through 26 are incorporated herein as fully set forth above. 28. The Plaintiff failed to provide the landlord with her new address in writing upon termination of the lease or upon surrendering and acceptance of the leased premised, thus relieving the Defendant of from the requirements of the 30 days notice of deposit withholding. This is in violation of 68 P.S. S.250.5l2(e) which states in pertinent part "failure of the tenant to provide the landlord with [her] new address in writing upon termination of the lease or upon surrender and acceptance of the leasehold premises shall relieve the landlord from any liability under this section". Hence, there is no liability to the Landlord, the Defendant herein. -14- II I I. . COUNT III BREACH OF CONTRACT 29. The answers to Paragraphs 1 through 28 are incorporated herein as fully set forth above. 30. The Defendants herein allege that the Plaintiffs breached the contract of the lease herein by violating most, if not all, of the Townhouse Association rules regarding noise, specifically, dogs and parties. The Defendants were contacted nu~erous times by both the association and the police regarding the Plaintiff's conduct at the leasehold. The Plaintiff was to keep the leasehold clean and litter- free. As this Answer and Counterclaim suggest, the tenant, the Plaintiff herein named, kept a most untidy, filth infested, urine saturated and smoke invaded premises, in direct violation of the lease. WHEREFORE, the defendants demand that judgment be entered against the plaintiff in the amount of $5000.00, costs of suit, expenses, counsel fees, and such other relief as this Court deems just and proper. -15- II II. NEW MATTER 31. There is nothing in Landlord and Tenant Act of 1951 or its subsequent amendments and changes that demands that notice to Tenants be sent registered mail. First Class United States postal service was used to notify and advise the Plaintiff of her violation of the lease, and the subsequent non-refunding of her security deposit. The onus should be on the tenant to prove that she did not receive said notice. Since all the parties did a walk through together on the last day, and this walk-through was followed up with a letter to the Plaintiff subsequently, the Plaintiff should be estopped from pleading no notice. WHEREFORE, the Defendants demand that judgment be entered against the Plaintiff; that the Plaintiff's complaint be dismissed with prejudice; costs of suit to be paid by Plaintiff, counsel fees be awarded to Defendants; and such other relief as this Court deems just and proper. STONE LAIrAVER & Dated: ~a--dA. '1l;':PO{ .' ,/ By , P.O. Box E PA 17070 ) 774-7435 Defendants -16- ~ I....;;; UIC; C)? [-{" ) .1..... <;-'i=',= c.J~'2 u3e.: .....J u::LU iE u.. o c:> ~ :2~ =-~) C) l~.' ...::r T a::: C") ~ .,- :i: ..:r = c:::.Jo <--I -," .!,--1 , .:;.- ~,_r!,n ~':;3 ~;-.; '.'..i... -,,''''' ::) CJ 'I . I. I I . . EXHIBIT A . May 14,2003 Dear Mr, And Mrs, Pope, This is a request for the return of my $87500 security deposit for the lease of 1702 Josiah Chowning Way, New Cumberland which expired April 1, 2003, I will expect to receive my full deposit within ten days of this date (May 14,2003) at my current address: 1812 Carlisle Road Camp Hill, Pa 17011 Penna. law states the full refund of a security deposit or a written list of damages, the cost of repairs, and or any money remaining from the security deposit must be returned 30 days after the property is vacated. If it is not the landlord forfeits his rights to any claims and must return the deposit in full. Sincerely ~ ~60-...>~ '-g \C)~....~~ II II I , .... . ' EXHIBIT B KIRBY'S PANEUNG CENTER 5200 East Trindle Road Mechanlcsburg, PA 1700Gl Phone: (717) 766.2569 ~~ropo5aI Page No. _ Of _ Pauos VI cf r~Cz PROPOS'~:;?l:e stnEET / 7. ~05 ;alt c.40h.J/J i""1 CITY, SlATE Nfl) liP CODE /1.)e.'v' C u..wiJ - AACHiiEcT 13 ~a..CD//.. PI lONE I /7/T'- -5\3 ~{ JOO N^''''E U^IE ""'" "i - J-cf -~ ~ JODlOC^T10N JUU 1'1 lONE < 1llIe :Htre~q ~~lIIil spocllicaliolls alld oSli",.los lor: VI"? 13/-7S41 f / €6 (- ~ Ve--t?Lpf If. u r/)jI'.ef Jf /0 r..e, .., / (I 1/ A::. /2 X!? '7 * RCDuOi/R /TK/STn.J(; /A.)nrR~L6Y -V ~ ; oR RrF. f.smVe <?m oRb. ./ Rlr-PL4CG ~ ,pE"~OV6" :3' PCS~ !A.l/ CnVf? ~~(ff .. ov :roC' .K/CN<~ CIAJ. IJPh.~A) :lr' R;/l / f1 .I? 14.,e- I:;. ~o::A-;;:/~: lA':- .s~ C"'~~ .!!;'JR Fe lZ Sn,;lf ~"'""/ AI C. / A.) ~ A<!-N.s/Yc M//)'-~~ " nIt: ~ru)luec hereby 10 furnish material and labor - complete In accouJance with above specillcations,lor lito sum 01: (77k;' J.lG7G./.l7(S) dollars ($, , ,. E: 0k0.J JiJu Payment 10 be mlldl 8S follows: J (p 10 Iu€LL L .,flf)(!' An IU11erta11s QINU.nlted 10 be " epecIned, No ,""II. to be oomplelot.1ln , WOIlm18l1llke nll'"'1Clt ICOOldil1g 10 standllld pi' 1d1ceI, hrt "'"1111on Of devlet"," IlOl'n .bove spocillr.allol'ls Involving e.II II oosls wlU be eltQlted onIr upon w,lIl'" <<deft, and wRl becom''''l ,xlIII ellllfVI ovnr lIud .bovl Iii, uIiml1'. M agteernenu DtJnI\noonI upon Iblkll. -.eldents Uf thIif1~1 bfI~olld QUI' all'llloI, Qwllllllo wry rll'l. Iocnedo end oIllef nKflSlry NUI'nee. Out WOl'k", 1111 lunr COVOled by WOl'kmell" Componaallon 1nIul'..u. ^ulholizod Signaluro Nolo: This proposal may bo withdrawn by us iI nol accoptou within j r1ayr. Acccptlmcc of :j!lropUllll[ - Tho ooovo pricos. specillcalions andcondilions aro salislaclory and am horohy accoplod. You alO aulhOlizod .. ..... <-, Signalurq" KIRBY'S PANEUNG CENTER 5200 East Trindle Road Mechanlcsburg, PA 1705(i) Phono: (717) 766.2569 , PROPOSAL SUDMITlEO TO STREET CITY. STATE AHOlIP cOOE _.._- AACUIlECT D^TE OF PlANS IDe Thrtbv ~blllit spocllicalions an" oslimalos lor: j'J/'f'q',,,( - //.tc.D /&,') .J -CoV'~ ,t,4&'- /-~. ",,~..fl:v( /_ i3 I Mdev( A-d"~ 15 ,,'Vt" r~ IH,p,;,e - :;t:::w6~~ (' - }IroposaI Page No. _ Of _ Psuos PIIONE I U^IE '\ JOU NmE Jon lOCATION JUU 1'1 tON\; j..,to. ~Y 7.a,O O-t:;.) ~.9S- /'3-.,,';C) ~/~~O' C't'(;". ~ me ~rnpU8C hereby to furnish malellal and labor - complelo in accordance with above specifications, lor tho sum 01: Paymenllo be m9de as lallows: All Il18lerlel is OUlU'lrIlted 10 be .s apedIIed. M WOlk 10 be oontplelod In . WOlMumllk, nllflllOI ICOllIding 10 slandl'd plCtlcel. Nrr 1lh"11Ion or dlIvlllllon 110m 1IboY.lpOCil....alions Involvillg 8,,1'1 costs wII be 1.lIC\IIed ontr upon .._ten ordef., WId will bea.In.. IW1 1,,1111 th8lue oYfM' Alld flbove lh. es'imllt. H 1t01ttmtnlJ oonlnQanl upon Ib1k8', KCIdenlS VI del.,. bAyond OUI oollhol. Owner 10 ta.ry fir.. 1000nedo lAd 01", nec:euary InIUI.noI. OUr WOIktls .., Iullr ~Oled b, WQlklu,,,'s ~1I11on1nlur1fa. Acccphmcc of :jllropollul - Tho oboYO plieus, spBclllcaliollS andcondilions aro salislaclory and arB horolly accoplod. You alO aulhOlizod dollars (t Aulhorlzoo i Signaluro .. Nolo: This proposal may bo . wilhlh awn by us iI nol accoplod wilhin Signalurqf-- ., r1ay~. \ L TP&P INC. 124 Manada Glen Ln Harrisburg PA 17112 Ph:(7117)774-4169 r:J 0 r:J 0 r:J 0 r:J 0 r:J 0 r:J 0 r:J 0 l:l 0 0 Cell: (717)979-8216 tQtQtQtQtQtQtQtQtQtQtQ Date: Job Name: 3/28/2003 Pope TO: Mr & Mrs Pope 1702 Josiah Chowning Way New Cumberland PA 17070 (717)770-2551 Fax Ed or And rea We are pleased to submit the fo/lowing bid: Job Description: Interior painting Entire surfaces of above ro ert is to be Healed nh KILZ stainblockerlsealer due to smokin in remesis.Other stained areas need more atten- ion stain b lar e do ,s ills, etc. liin 1 ct KILZ to ceilin s and 'walls 900.00 liin 1 ct finish on surfaces above 900.00 If needed a liin 2 nd ct of finish above areas 15,00 Execute same a lication on doors and trim 2.00 Remove old staindema ed floortiles 7.00 Install new floor tiles 134.00 Floortiles material cost 1,00 Reinstall bifold door 10.00 Screw material Acceptance Of Proposal 0.00 0.00 0.95 0.85 0.75 35.00 855.00 765.00 675.00 525.00 40.00 40.00 2.79 80.00 280.00 373.86 45.00 1.25 45.00 12.50 Total s8lVic'e cha'l1es: 3,611.38 /' 0- "'.?..;? '~nature,~~7":-~'~ '.--/ c_ .. - .. . -----c , pd\mis\l-verifi.aff VERIFICATION ANDREA POPE states that she is one of the Defendants named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. (JJLlv~! pYA ANDREA POPE Date: 3 \ '] \ tOI II pd\mis\lservice CERTIFICATE OF SERVICE I, ELIZABETH B. STONE, Attorney at Law, of the law firm of Stone LaFaver & Shekletski, attorneys for Defendants, EDWARD POPE and ANDREA POPE, hereby certify that on this date I served a true and correct copy of the within instrument on Plaintiff's counsel of record by first class mail, postage prepaid, addressed as follows: DATE: Susan K. Pickford Attorney at Law 3344 Trindle Road Camp Hill, PA 17011 . , Tf r- P- ~ t; t' +- )'--. r- ( , r ~~ ~- & ~ Jk:::' x~J c,- ~ f DONNA RHOADS Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs NO. J. 00 .3 -- c\ 'I () f"C::, EDWARD POPE and ANDREA POPE, Defendants ACTION - CIVIL ANSWER TO COUNTERCLAIM AND NEW MATTER AND NOW comes the Plaintiff, DONNA RHOADS by and through her attorney, Susan K. Pickford, Esq., and files this Answer to Counterclaim and New Matter in the above-captioned cause: COUNT I DAMAGES TO LEASED PROPERTY 24. Admitted 25. Denied. Factual allegations herein stated are beyond the personal knowledge of the Plaintiff and strict proof is hereby demanded at the time of trial. 26. Denied. By way of further answer, Defendant claims in the preceding paragraph that the property was listed at $94,000 and in this paragraph that they were "forced" to reduce the cost by $4,000.00. In fact, the property sold for the asking price of $94,000 and sold within 5 days of listing. It is specifically denied that the "refurbishing" elaborated upon by Defendants was necessary as a result of [my conduct of Plaintiff or condition of the premise. It is further denied that Plaintiff caused the damages alleged. COUNT II FAILURE TO COMPLY WIT HTHE LANDLORD TENANT ACT OF 1951 68 D.S. &250.512 (e) 27. Admitted. -1- 28. Denied. By way of further answer, Plaintiff dictated he:r new address to Defendant Edward Pope on the day of the walk-through, March 31 st. Plaintiff watched as he wrote the new address to assure accuracy. This was witnessed by another individual who will testify at trial. Defendants claim to have'sent a letter to Plaintiff, which has not to date been produced, on or about April 19th, yet claim that they did not have an address for Plaintiff until May 14th. Therefore, it is alleged that Plaintiff did comply with the requirements of the Landlord Tenant Act, that Defendant did have notice of Plaintiff's new address and that said defendant failed to provide notice in writing of any intent to withhold Plaintiff's security deposit. COUNT III BREACH OF CONTRACT 29. Admitted. 30. Denied. Each and every allegation herein contained is <:ategorically denied and strict proof is demanded at trial. No allegations of breach of contract were made during the period of the contract. The contract ended April I, 2003. Defendant has waived any breach not complained of in a timely fashion. WHEREFORE, Plaintiff respectfully requests that this Court dismiss Defendants' counterclaim with prejudice and award Plaintiff the relief sought in her Complaint. NEW MATTER 31. Denied. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response. By way of further answer, the statute clearly places the burden of notic<: upon the landlord to provide and prove notice to tenant of a withheld security deposit. To suggest that the law places the burden of proving a negative of not receiving a notice upon the tenant is -2- ludicrous and cannot be supported by any reasonable analysis of existing law. Plaintiff has asserted that she did not receive any such letter or notice from Defendants. Inasmuch as, notice is a requirement under the statute, the burden is on the Defendants to produce proof of the existence and delivery of said letter. As to the "notice" at walk through, Defendants at no time indicated that the deposit would not be returned do to any alleged damages. On the contrary, when Plaintiff and others present offered to repair the minor damage to the property, Defendants told them not to worry about it and that the new owners would take care of these items. WHEREFORE, the Plaintiff respectfully request this Court to dismiss Defendants New Matter with prejudice and award Plaintiff the relief sought in her Complaint. Respe,ctfully submitted, A /,/] ",..",/// 11,...U~// ~.~ . /t1"~ " S'~an ~. Pickfi rd, -E: . / Attorney for Plaintiff 3344 Trindle Road, PA 17011 Camp Hill, P A 170 II (717)612-1660 10# 43093 -3- DONNA RHOADS Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs NO. EDWARD POPE and ANDREA POPE, Defendants ACTION - CIVIL VERIFICATION I verify that I am the petitioner as designated in the present action and that the facts and statements contained in the foregoing Answer to Counterclaim and New Matter are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~~\~~ Donna Rhoads ~~\ f) ,)ooe,\ -.- Date DONNA RHOADS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Vs NO.200304086 EDWARD POPE and ANDREA POPE, Defendants ACTION - CIVIL AFFIDAVIT OF SERVICE I, Susan K. Pickford, Esq. attorney for the plaintiff, hereby (:ertify that on this date I served a true and correct copy of the within Answers to Defi~ndants Counterclaim and New Matter upon Defendants' counsel of record by first class mail, postage prepaid, addressed as follows: Elizabeth Stone, Esq. 414 Bridge Street New Cumberland, P A 17070 dj,j,d ~ :~". 5,.) .~.:... , -< c) ~-.; .s=- Ul '" c:::::.> <"" ..c- ""- .~o ~:J ~ .--< :r.::n n1p:- -ry rn '~5? ::.~j ~r' t;,qi N ,..-"" '~. pd\pr,,,- iUS:_:C:>';~'LWE DONNA RHOADS, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003 - 04086 EDWARD POPE, AND ANDREA POPE, Defendants CIVIL ACTION LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned matter discontinued with prejudice. Counsel for both parties are in agreement thereof and have attached their signatures herein. 7=~'.. - , .....~,.__".r'-""-"_."~~' /) /,.- By/./ /., .:::Elizab / Atto B. S~6ne, Esquire f//Plaintiffs Date: '3 t '-( - 0.\ -~-' ..J, Date: 1,1/ / - 3/fl,/6:> ,/ By: ~/ ,"- / , :> A,7 -c-," Z .<,? dA . - <<:e san K. Pickf rd, E~qui e Attorney for efenclant C) C' '" r::-'J = C""'I ),.... -U :::::; I C0 '?i -, I-n nl--' -nFn :'jCJ '--~ (~--\ ~3 :b' ;:~~rfi :J,'l -....;,; ':y f'J r.-