HomeMy WebLinkAbout07-4127e ~
THOMAS KING, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY
PENNSYLVANIA
VS.
NO. p~ - ~la`1 ~i vi ~ mum
JOSH AMBROSE,
JOE BATTISTELLI, a/k/a/ JOSEPH C.
BATTISTELLI and ADAM WEIMER,
DEFENDANTS CIVIL ACTION -LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION
WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE
SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE
WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT
YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT
WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE
COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE
PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER IMPORTANT
RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
By:
~~~. vaa .........., i,.~.1»....
owell Law Firm
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court ID 62063
r i
THOMAS KING,
PLAINTIFF
VS.
JOSH AMBROSE,
JOE BATTISTELLI, a/k/a/ JOSEPH C.
BATTISTELLI and ADAM WEIMER,
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
NO. O 7- `//~ 7 ~%~ ~.~
CIVIL ACTION -LAW
COMPLAINT
1. Plaintiff Thomas King is an adult individual owning real property located in
Cumberland County, Pennsylvania known and numbered as 6 Larch Drive,
Shippensburg, Pennsylvania 17257.
2. Defendant Josh Ambrose (hereinafter "Defendant Ambrose") is an adult individual
residing at 2546 Smith Mill Road, New Freedom, York County, Pennsylvania 17349.
3. Defendant Joe Battistelli (hereinafter "Defendant Battistelli") a/k/a Joseph C.
Battistelli is an adult individual residing at 13165 Meadow Lane, Savage, MN 55378
or 19189 Coton Manor Drive, Leesburg, Virginia 20176.
4. Ddfendant Adam Weimer (hereinafter "Defendant Weimer") is an adult individual
residing at 468 Dubs Church Road, Hanover, York County, Pennsylvania 17331.
5. Plaintiff and Defendants entered into a residential lease in which the Defendants were
lessees and the Plaintiff was the lessor for a townhouse located at 6 Larch Drive,
Shippensburg, Pennsylvania 17257. A true and correct copy of the lease is attached
hereto as Exhibit "A".
6. Th8 term of the lease was June 1, 2006 through May 25, 2007.
7. All Defendants have vacated the leased premises.
Count I: Breach of Lease as to Defendant Ambrose
Plaintiff incorporates by reference ¶1 - ¶7 as though fully set forth.
9. Defendant Ambrose paid a $300.00 security deposit.
10. Defendant Ambrose is jointly and severally liable under ¶19 for damages to the
leased premises caused by himself, his co-defendant and/or their guests and family
members.
11. Defendant Ambrose caused the following damage to the leased premises in violation
of the lease:
a. Twenty three (23) burn holes in the living room carpet caused by cigarettes or
other smoking material;
b. Severe stains to the living room carpet as shown on Exhibit "B-1" (example of
general condition of carpet);
c. Eleven (11) burn holes in the dining room carpet caused by cigarettes or other
smoking material (example of burn hole);
d. Severe stains to the dining room carpet as shown on Exhibit "B-1 ";
e. Seven (7) burn holes in the master bedroom carpet caused by cigarettes or
other smoking material;
f. Severe stains to the master bedroom carpet as shown on Exhibit "B-1";
g. ' Excessive staining to the carpet in the stairs, upstairs hallway, and remaining
two (2) bedrooms;
h. Removal of two (2) hardwired smoke detectors located in the living room and
basement; and
i. Removal of the battery powered smoke detector in the dining room.
12. Defendant Ambrose failed to timely pay rent under the Lease and ¶4 of Exhibit "A"
specifically provides that the Plaintiff may impose a late charge of $10.00 per day if
the full monthly rent is not paid by the 5th day of each month.
13. Defendant Ambrose incurred late fees of $60.00 over the lease term.
14. Defendant Ambrose also breached the lease by growing marijuana in the basement of
the townhouse using a "grow light" as shown on Exhibit "B-2" which includes photos
of the marijuana debris left in the sump pump basin and under the stove top in the
kitchen.
15. Defendant Ambrose caused damage to the property in violation of the lease and is
jointly and severally liable to the Plaintiff in the amount of $3,015.31 as set forth in
detail in Exhibit "C-1" (spreadsheet as to Defendant Ambrose).
16. Defendant Ambrose is liable under ¶19 to repay "all court costs, reasonable attorneys'
fees and all expenses associated with these actions as part of a court judgment in a
lawsuit against the Tenant for violation of the agreements of the lease."
WHEREFORE, Plaintiff respectfully requests entry of judgment in his favor in the
amount of $3,015.31 plus all costs and an award of attorney's fees in the amount of at least
$1,000.00 for a total of $4,015.31 at 6% per annum against Defendant Ambrose.
Count II: Breach of Lease as to Defendant Battistelli
17. Plaintiff incorporates by reference ¶1 - ¶16 as though fully set forth.
18. Defendant Battistelli paid a $300.00 security deposit.
19. Defendant Battistelli is jointly and severally liable under ¶19 for damages to the
leased premises caused by himself, his co-defendant and/or their guests and family
members.
20. Defendant Battistelli caused the following damage to the leased premises in violation
of the lease:
a. Twenty three (23) burn holes in the living room carpet caused by cigarettes or
other smoking material;
b. Severe stains to the living room carpet as shown on Exhibit "B-1";
c. Eleven (11) burn holes in the dining room carpet caused by cigarettes or other
smoking material;
d. Severe stains to the dining room carpet as shown on Exhibit "B-1";
e. Seven (7) burn holes in the master bedroom carpet caused by cigarettes or
other smoking material;
f. Severe stains to the master bedroom carpet as shown on Exhibit "B-1";
g. Excessive staining to the carpet in the stairs, upstairs hallway, and remaining
two (2) bedrooms;
h. Removal of two (2) hardwired smoke detectors located in the living room and
basement; and
i. Removal of the battery powered smoke detector in the dining room.
21. Defendant Battistelli failed to timely pay rent under the Lease and ¶4 of Exhibit "A"
specifically provides that the Plaintiff may impose a late charge of $10.00 per day if
the full monthly rent is not paid by the 5th day of each month.
22. Defendant Battistelli incurred late fees of $310.00 over the lease term.
23. Defendant Battistelli also breached the lease by growing marijuana in the basement of
the townhouse using a "grow light" as shown on Exhibit "B-2" which includes photos
of the marijuana debris left in the sump pump basin and under the stove top in the
kitchen.
24. Defendant Battistelli caused damage to the property in violation of the lease and is
jointly and severally liable to the Plaintiff in the amount of $3,015.31 as set forth in
detail in Exhibit "C-2" (spreadsheet as to Defendant Battistelli).
25. Defendant Battistelli is liable under ¶19 to repay "all court costs, reasonable
attorneys' fees and all expenses associated with these actions as part of a court
judgment in a lawsuit against the Tenant for violation of the agreements of the lease."
WHEREFORE, Plaintiff respectfully requests entry of judgment in his favor in the
amount of $3,015.31 plus all costs and an award of attorney's fees in the amount of at least
$1,000.00 for a total of $4,015.31 at 6% per annum against Defendant Battistelli.
Count III: Breach of Lease as to Defendant Weimer
26. Plaintiff incorporates by reference ¶1 - ¶16 as though fully set forth.
27. Defendant Weimer paid a $300.00 security deposit.
28. Defendant Weimer is jointly and severally liable under ¶25 for damages to the leased
premises caused by himself, his co-defendant and/or their guests and family
members.
29. Defendant Weimer caused the following damage to the leased premises in violation
of the lease:
a. Twenty three (23) burn holes in the living room carpet caused by cigarettes or
other smoking material;
b. Severe stains to the living room carpet as shown on Exhibit "B-1";
c. Eleven (11) burn holes in the dining room carpet caused by cigarettes or other
smoking material;
d. Severe stains to the dining room carpet as shown on Exhibit "B-1";
e. Seven (7) burn holes in the master bedroom carpet caused by cigarettes or
other smoking material;
f. Severe stains to the master bedroom carpet as shown on Exhibit "B-1";
g. Excessive staining to the carpet in the stairs, upstairs hallway, and remaining
two (2) bedrooms;
h. Removal of two (2) hardwired smoke detectors located in the living room and
basement; and
i. Removal of the battery powered smoke detector in the dining room.
30. Defendant Weimer also breached the lease by growing marijuana in the basement of
the townhouse using a "grow light" as shown on Exhibit "B-2" which includes photos
of the marijuana debris left in the sump pump basin and under the stove top in the
kitchen.
31. Defendant Weimer caused damage to the property in violation of the lease and is
jointly and severally liable to the Plaintiff in the amount of $3,015.31 as set forth in
detail in Exhibit "C-3" (spreadsheet as to Defendant Weimer).
32. Defendant Weimer is liable under ¶19 to repay "all court costs, reasonable attorneys'
fees and all expenses associated with these actions as part of a court judgment in a
lawsuit against the Tenant for violation of the agreements of the lease."
WHEREFORE, Plaintiff respectfully requests entry of judgment in his favor in the
amount of $3,015.31 plus all costs and an award of attorney's fees in the amount of at least
$1,000.00 for a total of $4,015.31 at 6% per annum against Defendant Weimer.
Respectfully submitted,
By:
Law Firm
619 Bridge Street
New Cumberland, PA 17070
Supreme Court ID 62063
Attorney for Plaintiff
Verification
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.
Section 4904 relating to unsworn falsification to authorities.
BY:
homas King
Date: p 7 - o ? ~ ~1 0
7
RESIDENTIAL LEASE
This is a residential lease. It is a legally binding contract between the
Landlord and the Tenant. Each Tenant should read this lease carefully.
This residential lease contains waivers of your rights as a Tenant. Each Tenant
should not sign this lease until each Tenant understands all of the agreements in this
lease. ~ { ~
1, Names of Landlord(s) and Tenant(s):
Name of the Landlord(s): Mr. Thomas King '
27 Larch Drive
Shippensburg, PA 17257
Name(s) of Tenant(s):
2, Leased Premises
The Lease Premises is the residence that the Landlord agrees to lease to the
Tenant. The address of the leased premi~ s is:
Street: Larch Drive
City: Shippensburg, PA 17257
3, Start Date and Ending Date of this Lease Agreement:
Start Date: June 1, 2006 12:00 PM
End Date: May 25,2007 12:00 PM
4. RENT
Monthly Rent is due to be paid on or before the fifth (5`h) of each month:
One month's rent for up to and including three (3) tenants is: $900.00 per month,
$300.00 per tenant.
Tenant(s) agree to pay the monthly rent in advance on or before the _Fifth (5th)_ 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 to the
Landlord at the place specified by the Landlord. Tenant(s) agree to pay full rent amount
with one check.
Tenant(s) agree to pay a late charge of $10.00 per day if Tenant(s) does not pay the full
monthly rent on or before the fifth (5t°) of the month. If the Tenant mails the rent to
the Landlord, the date of payment will be the postmark date. The late fee is retroactive
to the first day of the month.
If there are outstanding balances on your account and the balance is not paid before the
next rental payment is due, the outstanding balance will be deducted from the Tenant's
rent payment and the Tenant's rent will be considered late. Tenant's late charges will
accrue retroactive to the first day of the month.
If the Tenant requests a receipt by mail,
stamped envelope to the Landlord.
the Tenant must supply a self-addressed,
5, SECURITY DEPOSIT
The Tenant agrees to pay a security deposit of: $300.00 per tenant.
The Tenant agrees to pay the security deposit to the Landlord before the lease starts and
before the Landlord gives possession of the leased premises to the Tenant.
The Landlord will take money from the security deposit to pay for any damages caused by
the Tenant, the Tenant's family and/or the Tenant's guests/visitors. The Landlord will
take the security deposit to pay for any unpaid rents. The Landlord will take money from
the security deposit to pay for professional cleaning upon the tenant vacating the
premises.
After taking out for damages and unpaid rents, the Landlord agrees to send to the Tenant
any securities deposit money remaining. The Landlord will send the remaining security
~ EXHIBIT
A
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deposit money to the Tenant no later than thirty (30) days after the lease ends and the
Tenant has vacated the premises. The Landlord also agrees to send the Tenant a written
list of damages (if any) and a list of the corresponding monetary amounts taken from the
security deposit to repair damages and/or take payment of rents.
The Tenant agrees to give the Landlord in writing, a forwarding address at the time the
lease ends and the Tenant leaves the premises. .
The Tenant may not use the security deposit as payment of the last month's rent.
Tenants agree to the following move-out procedures:
1. Tenant agrees to give the Landlord a self-addressed, stamped envelope with a
written forwarding address when the Tenant leaves and the lease ends. Failure
of the tenant to provide the landlord with a new address shall relieve the
Landlord of any responsibility to return the security deposit. An
administrative charge equal to 15~ of all security deposit charges will be
maide upon returning the security deposit.
2. All keys must be returned to the Landlord. Do not leave keys at the leased
premises.
3. All floors must be cleaned and free of spots.
4. The Landlord will have carpets professionally cleaned at the end of the lease
and the cost of cleaning will be deducted from the Tenant's Security Deposits.
5. The stove, under the stove top, oven, refrigerator, exhaust fan, sinks,
windows and baths must be thoroughly cleaned.
6. The refrigerator must be defrosted and set to the lowest setting.
7. All light fixtures, doors, and cupboards must be emptied and cleaned.
8. All light bulbs, smoke detectors and fire extinguishers must be in working
order.
9. All inside windows must be washed.
10. All drapes must be dry cleaned and hung prior to the Landlord's inspection.
11. All personal effects, food and trash must be removed from the premises as of
the end of the lease.
12. All damages above excessive wear and tear will be charged to Tenant's Security
Deposit.
13. Failure to follow any of the lease specifications will result in corresponding
deductions from the Security Deposit(s).
14. All utility bills must remain in your name, including electric bills, gas
bills, etc..., until the Tenant's lease expiration date. At no times during the
lease should any utilities be disconnected. Electric cannot be disconnected
or put into another name at any time prior to the date the lease e~tpires. A
$100 charge will be assessed, if during the time of Tenant's lease agreement,
utilities are taken out of your name without notifying the Landlord and
obtaining the Landlord's written permission.
~~,
6. LANDLORD'S DUTY AT THE START OF THE LEASE
Landlord agrees to give the Tenant possession of the lease premises on the starting date
of the lease. The lease will start even if the Landlord cannot give the Tenant possession
of the lease premises because the prior Tenant is still residing in the lease premises or
the leased premises is damaged.
IF LANDLORD CANNOT GIVE TENANT POSSESSION, TENANT DOES NOT HAVE TO PAY RENT UNTIL THE DAY
LANDLORD GIVES POSSESSION OF THE LEASED PREMISES TO TENANT.
7. DAMAGE TO LEASED PREMISES
The Tenant agrees to notify the Landlord immediately if fire or any other cause damages
the leased premises. The Tenant agrees to notify the Landlord if there is any condition
in the leased premises that could damage the leased premises or harm the Tenant or others.
If the Tenant cannot live in the whole leased premises because it is damaged or destroyed,
the Tenant may:'
1. Live in the undamaged part of the leased premises and pay less rent until
the leased premises is repaired.
OR
2. End the lease and leave the premises.
The Tenant agrees that if the leased premises is damaged or destroyed and the Tenant ends
the lease, the Landlord has no further responsibility to the Tenant.
8. INSURANCE
The Landlord agrees to have insurance on the. leased premises.
is NOT insured by the Landlord's insurance. The Tenant is re
own property that is located in the leased nrem;sPc
9. ASSIGNMENTS OR SUBLEASES BY TENANT
ASSIGNMENT (or assigns) is the legal term for a transfer of the lease from the Tenant to
another person.. This other person then becomes the Landlord's new Tenant and takes over
the lease and corresponding terms of the lease.
The Tenant agrees not to transfer (assign) this lease to anyone else without the written
permission of the Landlord.
A sublease is a~separate lease between the Tenant and another person who leases all or a
part of the leased premises from the Tenant.-
The Tenant agrees to not lease (sublease) all or part of the lease premises to anyone else
without the written consent of the Landlord. The Tenant agrees that if the Tenant
transfers this lease {assigns) or leases all or a part of the leased premises to another
(sublease), the Tenant has violated this lease and the lease may be immediately terminated
by the Landlord.
10. LANDLORD's RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE
The Landlord is responsible for all damage to property or injury to people caused by the
Landlord's intentional or negligent acts on the leased premises.
The Tenant is responsible for all damage to the leased premises and injury to people
caused by the Tenant, the Tenants' family(ies), the Tenants' guests and/or other visitors
of the Tenant(s).
The Tenant agrees that the Landlord is not responsible to the Tenant, the Tenants'
family(ies), the Tenants' guests and/or other visitors of the Tenant(s) for damage or
injury caused by water, snow or ice that comes on the leased premises unless the Landlord
was negligent.
11. USE OF LEASED PREMISES
The Tenant agrees to use the leased premises only as a residence. The Tenant agrees to
obey all federal, state and-local laws, regulations and ordinances when using the leased
premises. The Tenant agrees not to store any flammable, hazardous, or toxic chemicals or
substances in or around the leased premises. Tenant shall provide appropriate
nonflammable containers for trash and rubbish, shall keep the leased premises and the
common areas free from litter and rubbish and shall deposit all trash and rubbish from the
leased premises into the designated common waste disposal containers. Tenant agrees not
to do any activities in or around the leased premises that could harm anyone or damage any
property.
Tenant agrees that the tenant will not allow any persons who have not signed the current
lease to occupy the leased premises without the written permission of landlord. Tenant
shall have a right to invite to the leased premises, for a reasonable period of time (not
to exceed fourteen days without the written consent of landlord) guests, family, or
visitors so long as his obligations as a tenant under this lease are observed. Occupancy
limits shall be limited to the person(s) named on the lease agreement. Local ordinances
provide for over-occupancy which constitutes a zoning violation, which may be subject to
fines and/or criminal punishment. Tenants are specifically advised of the existence of
this ordinance and should any violation occur or be alleged to have occurred, tenants
agree to pay all fines, court costs and attorney's fees associated with such violation or
alleged violations whether a conviction results or not.
Tenant agrees to take the premises in "as-is" condition. It is agreed that any
improvements made by the landlord, or landlord's agent, are for the benefit of the tenant
no deduction in rent will be allowed during the work period. The following improvements
will be made during the period of
Tenant is aware that construction dirt may result from the improvements. Landlord, at
his/her discretion may do general repairs/remodeling in addition to this list.
12. RULES AND REGULATIONS
The Tenant agrees to obey all rules and regulations for the leased premises. If the
Tenant violates any rules or regulations for the leased premises, the Tenant violates this
lease.
Tenant is responsible for all Borough or Township codes, regulations, ,and recycling
programs. Any violation charges, due to failure to abide with the regulations or codes,
will be paid by tenant as additional rent due. Exterior of premises must be clean and
free of debris. Any trash that is left on the grounds, porches, and balconies or in the
hallways will be removed and the tenants responsible for the trash will be charged at the
rate of $10 per item or a minimum charge of $15.
Tenant may not-have any parties at the leased premises. No alcoholic beverages shall
be consumed in the common areas of the building and grounds within which the leased
premise is located: No beer. kegs will be permitted in or around the leased premises.
Tenant shall observe "quiet hours" between the hours of 11:00 p.m. and 8:00 a.m. daily:
Attics, basements, and garages are not for tenant's .use unless permission is given to
tenant by landlord in writing.
Tenant will not make any alterations or do any painting to the leased premises without
the prior written consent of landlord.
Tenant agrees that waterbeds or any other liquid filled furniture is not permitted in
the leased premises. Tenant agrees not to use privately owned washers, dryers,
dishwashers or freezers unless agreed upon in writing by Landlord.
Tenant shall not disable the smoke detectors or other fire warning or fire protection
devices. Tenant shall notify landlord immediately if a smoke detector or fire warning or
protection device is not in working order. Any false alarms caused by tenant which result
in charges or fees to the landlord, will be paid by tenant as additional rent due. Tenant
shall inspect the smoke detector monthly and is responsible for the malfunction of smoke
detectors whether as a result of weak, defective, or inoperable batteries or otherwise.
Should resident fail to keep a charged battery in the detector or permit the smoke
detector to be damaged in any way, tenant shall be charged the sum of $25. Tenant shall
also be responsible for care and maintenance of fire extinguisher. The extinguisher will
be charged when resident moves in and must remain charged during tenancy and upon
vacating. If for some reason the fire extinguisher is discharged, tenant must make
arrangements with our office to recharge it. The cost of recharging or the replacement of
the extinguisher will be billed to all residents of the unit unless it has been used to
put out a fire. All fires, however minor, must be reported to the office.
The light bulbs on the porches and balconies are put there for safety purposes. They
are the property of the landlord and are not to be removed or replaced with another color
bulb. If they are unscrewed, removed, or replaced with an off-color bulb it .will be
replaced and tenants will be charged. Resident shall furnish all light bulbs.
Absolutely no additional locks of any kind may be installed. If you wish to have a
deadbolt installed, we will arrange for it, with a charge to the tenant which includes
installation, labor, keys, materials etc., for approximately $75 per lock. Lockout charge
after office hours will be $50. Keys will only be loaned during business hours and must
be returned within 24 hours. A $50 levy will be charged to a resident who fails to return
borrowed keys within 24 hours. Lost keys will result in a $5 charge.
. ~'
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If the leased premise is not cleaned when you take possession, please contact the
landlord immediately and we will have the unit cleaned. DO NOT CLEAN IT YOURSELF. We
will not reimburse you for cleaning and you will still be responsible for leaving the unit
clean when you vacate.
Tenant shall pay a service charge of $35 if a check given to pay rent, utilities, or
damages is returned for insufficient funds or other cause within the control of tenant.
Upon receipt of a returned check, landlord reserves the right to refuse payments by check
and require all future payments to be in cash, certified funds, or by money order.
Tenant agrees that tenant will not keep any pets on the leased premises. Tenant
agrees that tenant will not allow tenant's guests or others to have or bring pets onto the
leased premises. If any pet is found, it must be removed immediately and a charge of $100
per pet per month, retroactive to the beginning of the lease will be charged as additional
rent due.
Tenant agrees not to install any air conditioning units in the leased premises without
the written consent of landlord. No window treatments, awnings, draperies or umbrellas
shall be installed in the leased premises without the prior written consent of Landlord.
Tenant shall not place or permit to be placed or stored, items on any windowsills, ledges,
or balconies and shall not hang laundry or other items from the balconies, windows and
common areas. No radio or television reception devices such as antennas and satellite
dishes shall be installed upon the leased premises or in the common areas around the
leased premises. The use of charcoal or flammable gas grills is not permitted in the
leased premises or on any balcony, patio or other common area on the property upon which
the leased premises is located.
AT NO TIME ARE MOTOR VEHICLES OF ANY TYPE ALLOWED ON THE GRASS, PORCHES, OR SIDEWALKS.
All cars in the parking lot must be currently licensed and inspected. All cars that are
not will be towed away at tenant's expense. No repairing or washing of vehicles on the
premises will be permitted. Parking is provided for tenant's convenience only and is not
guaranteed.
Tenant shall not go upon the roof of the building within which the leased premises is
located and shall not enter any area clearly designated as being closed to tenants and
others.
Tenant must immediately contact landlord if the heat source fails. Any freezing of
pipes will be the responsibility of the Tenant. Tenant agrees not to use kerosene heaters
or electric space heaters, or any other portable heaters without the prior written consent
of landlord.
13. LANDLORD'S RIGHT TO MORTGAGE THE LEASED PREMISES (SUBORDINATION)
Subordinate and subordination are legal terms that mean that this lease does not have any
effect upon the rights of the Landlord's mortgage company. In other words, the Tenant's
rights under this- lease are subordinate to the Landlord's mortgage company. If the
Landlord does not make the mortgage payments, the Mortgage Company may have the right to
end the Landlord's ownership of the leased premises. If the Mortgage Company sells the
leased premises at a mortgage foreclosure sale, the lease may end.
The Tenant agrees that the Landlord has the right to mortgage the leased premises. If the
Landlord has a mortgage on the leased premises now, or if the Landlord gets a mortgage in
the future, the Tenant agrees that this lease is subordinate to the Landlord's mortgage.
14. CARE OF LEASED PREMISES
The Tenant is responsible for, and will take good care of, the leased premises and all the
property in and around the leased premises. The Tenant agrees to pay for any damage
caused by the Tenant, the Tenant's family(ies), the Tenant's guests, any other visitors of
the Tenant's and or the Tenant's pets or animals. The Tenant agrees to turn over
possession of the leased premises to the Landlord when the lease ends.
Tenant agrees to pay for any routine maintenance or repairs required at the premises
that is the result of tenant's actions, such as clogged drains and toilets, torn window
screens, and similar jobs. If landlord, his agent, or contractor, performs any work at
the premises as the result of tenant's actions, tenant will be responsible for the entire
cost of these repairs as additional rent due, payable no later than the first day of the
next month. Tenant agrees to pay for any repairs of appliances that are provided by the
landlord. It is expressly understood and agreed that any appliances are provided for
tenant's convenience only, and landlord is not required to make repairs even if the cause
of the repair is of no fault of the tenant.
15. PETS
The Landlord agrees to allow the Tenant to keep zero (0) pets.
16. LANDLORD'S RIGHT TO ENTER LEASE PREMISES
The Tenant agrees that the Landlord and the Landlord's representatives have the right to
enter the leased premises at reasonable times. The Landlord and the Landlord's
representatives have the right to inspect, to make repairs, to do maintenance, and to show
the leased premises to others.
17. UTILITY SERVICES
Landlord and Tenant agree to pay for the charges for utilities and provide the services to
the leased premises as follows:
Charge or Service:
Utilities:
Water(Minimum charge: $31.00 1g~ 5000 gal)
Sewer(Minimum charge: $26.00 Res. Flat Rate)
water (Amount over Minimum Charge):
Sewer (Amount over Minimum Charge):
Electric
Natural Gas
Oil
Services
Lawn Maintenance
Trash Removal
Snow Removal
Homeowner's Association Fee
Condominium Fee
Parking .Fee
Other:
Responsibility of/Paid By:
Landlord
Landlord
Landlord
Landlord
Tenant
Tenant
Landlord
Landlord
Tenant
Water and Sewer: The Landlord pays only the minimum quarterly Borough charge for sewer and
the minimum monthly Borough charge for water. The Tenant pays any additional amounts
above the minimum monthly and quarterly charges for these services. Unless otherwise
specified as above.
The Landlord has the right to temporarily turn off any utility or other service to the
leased premises in order to make repairs or do maintenance.
18. GOVERNMENTAL POWER OF EMINENT DOMAIN
Eminent domain is the legal name for the right of government such as the state or county
or city to take private property for public use. The government must pay fair
compensation to anyone who has any right in the property that is taken by the government.
If all or any part of the leased premises (or the building within which the leased
premises is located) is taken by eminent domain, this lease will end automatically. The
Landlord and the Tenant agree to release each other from any responsibility because a
leased premise is taken by eminent domain and the lease has ended.
19. VIOLATIONS OF THIS LEASE
When either the Landlord or the Tenant does not perform as agreed upon in this lease, it
is a violation of this lease. If the Tenant violates this lease, the Tenant may lose
their security deposit. If the Tenant violates this lease the Landlord is permitted to
sue the Tenant for to restore property damages to its pre-existing condition or to sue for
expenses and may sue to evict the Tenant.
*THIS IS A JOINT AND SEVERAL LEASE*
This is a joint and several lease means all the Tenants as a group and each of the Tenants
as an individual are responsible to the Landlord for all of the agreements of this lease.
Example: if the rent is not paid, the Landlord can sue all of the Tenants jointly for any
unpaid rent. And/Or, the Landlord can sue any one of the Tenants separately (severally)
for all of the unpaid rent.
t
x'
}~Y
Tenant violates this lease if the Tenant:
1. Fails to pay rent or other charges to the Landlord on time or,
2. Leavea (abandons) the leased premises without the Landlord's permission before the
end of the lease or,
3. Does not leave the leased premises at the end of the lease or,
4. Does not perform as agreed upon in this lease.
If the Tenant violates the lease, each Tenant agrees to waive notice to quit. This means
that the Landlord may file a complaint in court asking for an order evicting each tenant
from the leased premises without giving each tenant notice to quit first. The Landlord
does not have the right to throw the tenant out of the leased premises (self-help
eviction).
If the Tenant violates the lease agreement, the Landlord may sue each Tenaxit in court:
1. to collect overdue rent, late charges and money damages caused by the Tenant's
violation of the agreements in the lease.
2. to recover possession of the leased premises (eviction).
3. to collect for unpaid rent until the end of the lease or until another person
takes possession of the leased premises as a new Tenant.
The Tenant agrees that the Landlord has the right to recover all costs associated to the
lease violations including but not limited to: all court costs, reasonable attorneys' fees
and all expenses associated with these actions as part of a court judgment in a lawsuit
against the Tenant for violation of the agreements of the lease.
20. NOTICE TO END LEASE.
The Tenant agrees to give the Landlord written notice if the Tenant intends to leave the
leased premises at least sixty (60) days before the end of the lease.
If the Tenant does not give the Landlord the written notice, the Landlord may but does not
have to consider this lease renewed for the same time period as this lease.
21. TENANT STAYS AFTER THE LEASE ENDS
If the Tenant does not leave after termination date of this lease, the Landlord may but
does not have to consider this lease renewed for the same time period as this lease.
22. PRIOR TO VACATING the PREMISES
The Tenant is responsible for properly cleaning the premises in its entirety including
appliances i.e., range top, oven and refrigerator. The Tenant will remove all debris,
rubbish and trash from the premises. It is expected that the condition of the premises
and all appliances at the termination of this contract will be in the same condition as
when this contract was entered upon.
23. REPAIRS AND MAINTENANCE
EXCEPT IN AN .EMERGENCY and then only to the extent necessary
to protect the property and minimize damage, no repairs or alterations shall be made or
cause to be made by the Tenant without first obtaining permission from the Landlord. The
Tenant shall not paint, wallpaper, panel and/or otherwise redecorate and/or make
alterations and/or cause to have done any of the above without the written permission from
the Landlord.
24. LOCK POLICY
The current locks on the premises will not be changed nor may additional locks
installed without-the written permission of the Landlord. If agreed upon by the Tenant
and the Landlord, the Tenant will provide the Landlord duplicate keys for the locks
installed.
25. PORTABLE HEATERS, GRILLES AND/OR OPEN FIRE DEVICES
PORTABLE HEATING EQUIPMENT using GAS, OIL, KEROSENE and/or any other flammable substances
are PROHIBITED on the PREMISES.
Any types of grilles are prohibited to be used inside any part of the property. However,
Charcoal grilles and/or gas grilles are permitted to be used outside the property at a
safe distance away from the property. A safe distance is outside a five (5) foot
circumference of the premises and far enough away to not melt, burn or in anyway damage
the premises.
Open fire devices and fire pits and/or open fires are prohibited on the property as a
whole.
26. WATERBEDS
No waterbeds and/or liquid filled furniture is/are permitted on the PREMISES without the
express written consent of the Landlord.
27. PROPERTY MAINTENANCE
The Tenant hereby accepts responsibility for snow removal from sidewalks, steps, porches,
driveways and all walk ways and agrees to comply with all local ordinances and regulations
concerning snow removal.
28. MAJOR APPLIANCES/SAFTEY ITEMS
The Landlord has provided the following items/major appliances for the Tenants use while
renting this premises: gas stove/oven, refrigerator, dishwasher, clothes washer and
clothes dryer, an in-sink-erator and at least one portable garage door opener,.
These items/major appliances etc..., have been provided for the convenience and use by the
resident Tenants, only. Use for and or by non-Tenants is strictly prohibited without the
explicit permission of the Landlord.
These items are property of the Landlord and are not to be removed from the premises
without written permission of the Landlord prior to removal.
At least two smoke detectors and at least two `ABC type fire extinguishers are also
provided with the residence.
NOTICB
Landlord shall have the right to impose fines for common area vandalism. Tenant shall
not permit any person on the premises to willfully or wantonly destroy, deface, damage,
impair or remove any part of the structure or the facilities, equipment or appurtenances
thereto, or used in common, nor himself/herself to do any such thing.
By signing this lease agreement, each tenant agrees that they have read and each tenant
agrees that they understand all of the agreements explicit or implied in this lease.
DATE SIGNED BY Landlord:
Landlord:
Date signed by Tenant(s):
Tenant(s).:
Make, Model License #.
33
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s.aary Paid
h 5-25-2007 12
2006 Th
rotp
Jwh MrhreM 06-01-
Fd Rert LHfferanoe Ratroactlve flan 1st d Monts
la0s FeM . (60.00) 50.00
PAo1M Cab m colsct rent 0.00 30.00
Re4xnad Ctrseke 0.00 50.00
Chsdrs Held Tsnents Raqusst 0.00 30.00
(80.00) 30.00
~~i,q (61.54) 10.00
Ho11rs~ro (105.00) 30.00
Raplaa CsLk TV Oulbt in l.ivl Roan. Oroken in bent. (1.87) 10.00
Rephoa BassrtreM door (door, find. biro arpsnYr. lstar, dsanup) 0.00 50.00
Paint lJrMp Room WNs 0.00 10.00
pakk OYtrg Room 0.00 ~.DO
Patrk Sms1 Bsdroan tti (Sand. . pehrl, bolo in uraq. 0.00 30.00
Mini Bhrds RapNOSd (5) (8.87) 50.00
1n B.S,towelradc o.00 So.oO
Toiet Sods 0.00 50.00
Patlo Saeen Door (tGOtton saean Mcked out) (90x79) (25.00) 30.00
Fret WMxlow Saeen spedd - Btokerr in hdF (18.33) 10.00
ReptsOS Snrob Ostectors (2 new SDs. 1 haldsAro) (10.00) 10.00
Fauod Atea[as -166dra4 to batty, upaairs balk (3.00) 50.00 missing vtro saaens
Trgh Rsrtaval (t 1.67) 50.00
0.00 30.00
SeYYar OOYar (3.33) 50.00
Cmlrmu (~ use (4.35) 50.00
Flm devNoped ~~ (7.06) 50.00
Carpet, BaddnO ToW cost estimNS 32.365.12 (795.04)
iuinO Room
0.00 Ruined. Must roplace: drDe1.
backirrp. BorM sublbor. j~
Tluea 1231 Sum bolas thtenotr
S~
DirdnO Room
30,00 RWnW. Must repirce: wtpet,
DwldnO. Mond suttbor. ~
(111 Bum hoMa lhroueA euoet.
~
50.00 RuMsd. Severely stained into
sublbor. Must raplsoe: carpet.
heekirq. Bond suiMoor.
Upgairo Hal
so.oo ffxt~sshMy sam.d, mrwt
rsplses.
Smsl Bedroom /1 Room
50.00 ExcaaaivNy BWmd, must
replace.
SmY Bedroom M I Roan
x.00 t.xcssshrsly 3Llrrad, must
'~'u•
Muter Bedroom Room
~•~ Ruined. Must replace: prpet,
ltsckinp. Bond wb0oor.
1011(5 ga1oM + a Icetiorl matefleM 350 arts 1150 laboh (81.87 ) Bond wMloor prior to laying nrpat
t.epM Consrdtatlorr conoominp Tenant damages (18.67 )
Subtof~ (1,181.01 ) 0.00
Keys at l.aasa ExpiroBon (2.88 ) 10.0 0
E)clefbf DDOr locks R (11.87 )
cam: (14.65 ) 50.0 0
s EXHIBIT
0
€ C -1
m
%; f c
~,
v°./~
TfYll Gn 0.00 10.00
llpln BuES
Fin (4 0.00
0.00 120.00
350.00
BWUfu 0.00 315.00
&~ l7MS~on (3) 0.00 110.00
Funroa FiYn 0.00 315.00
tAalxhN 0.00 110.00
~~ 0.00 10.00
~~ Sllo~als 0.00 $0.00
~~ AM8 0.00 515.00
Snow CxIP 0.00 315.00
S~btak 0.00 5180.00
~~ 0.00 50.00
0.00 SO.OD
glNl~er 0.00 10.00
P~n~) (8.33) 30.00
Doof ~KK 0.00 50.00
~~ ~ 0.00 30.00
Rafstlpanfor 0.00 30.00
S~taotat (8.33) 50.00
~~ an0 ~ ~~. 0.00 50.00
f3rMS ~~ 0.00 30.00
~~ ~~~ D.00 50.00
T~ f'1~0 ) 0.00 5326.00
PuDfc Water 0.00 5260.00
~~ Sewsr 0.00 3312.00
P«Mlec (E~tb) 0.00 30-00
PPt. Cia 0.00 50.00
0.00 3800.00
1,243.99) 51,080.00
Tenant Mam Wahner (5880.66 )
Tm~ent JOS BatBstei (E1,190.66 )
1.1
.~
Un amanaaa not IneluWtl at time of 8aourttq aPosR RaTund.)
"" ke~amas an Onat/r Than tAa Dpodt, tM anowR of Sec aP«K
DepwR Rehaided win t» 30.00.
. .~
a~.
s.oalgr paid
e~m+l
h azs~2ao7 12
oa rn
ro~g
.le. Bat0sta8 oa-of-2o
Fu1 Rent Dtlfirarros RetroacOve from 1st d MorM
~F~. (310.00) 10.00
Ftane Cab to ooAset root 0.00 x.00
ReWlrrad Cheeks 0.00 50.00
Cheeks Hold Tenams Request 0.00 50.00
(310.00) 50.00
CsrPet t2eerarr0 (61.54) 50.00
HomeCkaninplRepsiro (105.00) 50.00
Replace Gds TV Oulbt In Livinp Room, broken M half. (1.87) 50.00
Ragkiw Bnerrrant door (door, find. biro atpanMr. htzz, OMenup) 0.00 50.00
Paint Room 4VsAs 0.00 50.00
PsYd Roofrr 0.00 50.00
PNnt SmM Bedroom Nt (Send. Petdr. pelyd, hoM in waq. 0.00 50.00
MiN Birds Replaced (5) (6.67) 50.00
to B.nt t,wal roar o.oo So.ao
To1st Seats 0.00 50.00
Pa0o Sawn Odor (button semen kklaed out) (90 z 79) 25.00) 50.00
Front YVYrdOw 3Clesn (apeciY order) - Brdrsrr itt half (18.33) 50.00
RepMOS Srtroke DeOSdors (2 new ba0xY SDs,1 Iwdrrirs) (10.00) 50.00
Fwat ArsMOrs replaced - gtclren, 12 bath, upsWro bent (3.00) SD.00 misain0 wiro stneens
Trash Removal (11.67) 50.00
~ 0.00 50.00
Sauter lover (3.33) 50.00
~~ (~ ~) (4.35) 50.00
Firm davsl8pad slfOwlrrp Dams0a (7.08) 50.00
Carpet, Backhp Tout cwt esOmats 52.385.12 (795.04)
~ ROOm
0.00 RuIMd. Must replace: carpet,
tmelrirp. Bond wbtbor. TerenN-
Thrss (231 Bum holes throueh
~e
~~ Roan
50.00 Ruined. Mwt roplaos: carpet,
Dackirq. Bond wbll0or. ~,
(w Bum holes tlrrouah nroet
gt,pa
SO.DO RuIMd. Savarsy shined imo
wbfloor. Must repMcs: drpek
t>etldn0. Bono subfioor.
~~ t~l
50.00 Exussivsly Stained, must
roWaes.
SrrW Bedroom f1 Room
50.00 fExceesMly Stakrsd, must
roplacs.
Srrral Bedroom •1 Room
50.00 Frccaelwly Shined, mwt
npiks•
Master Bedroom Room
50.00 Ruined. Must rsPisle: nrpat.
WGdnp. Bond wbfkar.
Bum hunts thtorrah Car0et
1018 (5 yalorn + appNea0on metsrlek 550 and 5150 labor) (91.67 ) Bond wbfioor prior to lsNn0 carpet
Lapel Corrwllatlen ooncemirp Tenant (18.67 )
SubtoW. (1,181.01 ) 0.00
Kees In Leese Fxpirs8on (2.98 ) 50.0 0
EExMrbr Door Locks Repaced (11.87 )
~~ (14.6 5) 50.0 0
~ EXHIBIT
0
Z
~~a
m
~. ~ - r
• Nobs
"(All not Mclud~d at time of D~potk Wfund.)
"" ~ aleo CifNtn Thin tlr tlr nnouM of p~pwk
Opwit RoMnd~d will M 10.00.
i~
.`
s.Qally DePax Pad
na.mw~el~~e.oe-ot-2ooeTn X26-200 tz
FV Rerd ONManos Reboac8ve from 1st d MmM
la0e Fees' 0.00 10.00
Krone Ceds to txisd not 0.00 50.00
Rekrmed Cllscks 0.00 50.00
Checb Held Tenams Regwst 0.00 50.00
SublohL• 0.00 50.00
Glpet 0 (61.54 50.00
Home CballfplRepain (105.00) ;D.00
Gds N OuOet In Llvlrp Room, txoken h hdf. (1.67) 50.00
Repitoe 8atarwrt door (door, find, hke dipanesr. labor. ebawp 0.00 50.00
Pea Room 1Nds 0.00 50.00
Pakk Dkirg Room 0.00 10.00
PekR 3md Bedroom /t (Bard. . pWU, noes in wah. 0.00 10.00
MW Bide Raplaoed (5) (8.87) 50.00
to can town radt o.oo so.oo
Toist Seas 0.00 SD.00
PWO Screen Door (lotion screen kkloed out} (30 x 79) (25.00) 50.00
Front Wkrdow Saeen (tpsela order) -Broken in haE (18.33) 50.00
Rsplaa $n1010e Dehgon (2 Mw SDs, 7 tutdwin (10.00) 50.00
Faced Meebrs rsplaoed - FOlchsn, 112 bob. upstairs tblh (3.00) 50.00 mbtin0 win stream
Trash Removal ~ (11.67) 50.00
Rlpr 0.00 50.00
Sir epyef (3.33) 50.00
Carrrarae (~ ~) (4.35) 50.00
Fin davslaPsd ttlorMlnO DamaOa (7.08) 50.00
CalPet, Badrkp ToW cost esOmils 52,305.12 (795.04)
Ruined. Mua nplaoe: carpet.
laedchp. Bond wbfkwr. ]}~p¢~
Thus 1231 Bum noles Brrouah
Uvirp Room 10.00 fr!!>?!Sr
D4dnp Roam
50.00 Rarad. Must rophc« carpet.
Dadcinp. Bored sublloor. f.(!~
Htl Bum holes tlnorraA urod.
Steps
50.00 Ruined. 3svsrety stained Info
wDlloor. Must npkrce: carpet,
beddn0. Bond sublloor.
Upshkt Hal
50.00 Exeesshrely 8hInW, must
nplaa.
Smd Bedroom All Room
50.00 taroesshnly Shined, moat
nplaee.
Srrrol Bedroom •1 Room
50.00 Ezcesavey Shined, must
nplaee.
Maehr Bedroom Room
50.00 Ruined. Must ropiwe: carpal,
baddnp. Bond wbfkgr.
Bum holes through earost.
Kth (5 + epp8ca0on mahrWS 550 end 51501sbor) (91.67) Bond wblloor prior to hryin0 «Td
Lepa C,aauNetlon eaxaminp Tarant drnepss (16.67)
Sypla}rt (1,161.01) 0.00
Keys rt lease ta0on (2.98) 50.00
E~derbr Door Locke Re ~, (11.67)
Sutilohl (14.65) 50.00
$ EXHIBIT
0
€ ~ -~
E
m
i~~.
Tnuh Gn 0.00 10.00
Buts 0.00 120.00
Ff~ (4) 0.00 550.00
g 0.00 515.00
~~ p (3) 0.00 510.00
Furnaos FBOns 0.00 $46.00
Mabrfds 0.00 510.00
grpayn 0.00 50.00
Snow,~pya{ 0.00 $0.00
$nONr IAsn 0.00 515.00
grgs,rdp 0.00 575.00
gyp,ply; 0.00 $180.00
yy~ 0.00 10.00
0.00 $0.00
Cbhweshtr 0.00 50.00
(irbaps ( niea) (8:33) 50.00
pppr Qp~ 0.00 10.00
Central Air 0.00 50.00
Rafarlps~ab 0.00 10.00
$y~ (8.33) 50.00
9noar and IOS Iartlovel. 0.00 ;0.00
~~ 0.00 50.00
lawn MbNdMUtax 0.00 50.00
Tn>rh ) 0.00 1328.00
PutrReWaOsr 0.00 1280.00
PubNe8earr 0.00 1372.00
Penstec (Bsctrk) 0.00 50.00
PPL Ga 0.00 ;0.00
Sublolet 0.00 $900.00
(1,183.99) 11,080.00
Tenant Jos Bad (11,190.68)
Ten•nt Josh Ambmss ($940.68)
• Nobs
" (All eaparoee no! Included ~ Wns of Dsposll Refund.
"" If are Gnabr Then Uu UN amount of Eetu DeOOalt
o.Iw.R RMmad win ba 10.00.
~.
~~ ~.~
O
-
_
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:-
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47
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C: t - .
0
SHERIFF'S RETURN - OUT OF COUNTY
CASE N0: 2007-04127 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KING THOMAS
VS
AMBROSE JOSH ET AL
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
AMBROSE JOSH
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of YORK County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On August 7th 2007 this office was in receipt of the
attached return from YORK .
Sheriff's Costs: So answe~~ -:%-'' ----`:-
_. .., .,-
..,,.
Docketing 18.00 '""° J --~ '` `~~
Out of County 9 . 00 - y'~::.--~
Surcharge 10.00 R. Thomas Kline
Dep York County 92.11 Sheriff of Cumberland County
Postage 1,89
131.00 / ~S ~J~~o7 ~-
08/07/2007
STEVEN HOWELL
Sworn and subscribe to before me
this day of
A.D.
SHERIFF'S RETURN - OUT OF COUNTY
` CASE N0: 2007-04127 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KING THOMAS
VS
AMBROSE JOSH ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
WEIMER ADAM
but was unable to locate Him
deputized the sheriff of YORK
in his bailiwick. He therefore
serve the within COMPLAINT & NOTI(''F
County, Pennsylvania, to
On August 7th 2007 this office was in receipt of the
attached return from YORK
Sheriff ' s Costs : So answers---:--~° ,~ ,,.---''~>
Docketing 6 . 00 _ ,-,~ .. ~...~..~
_, ,---
Out of County .00 ~~ ~ r
Surcharge 10.00 Thomas Klin -
.00 Sheriff of Cumberland County
. 0 0 L~
16. ao ,/ ~J~~)o~
08/07/2007
STEVEN HOWELL
Sworn and subscribe to before me
this day of
A.D.
1 OF 2
COUNTY OF YORK
OFFICE OF THE SHERIFF
45 N. GEORGE ST.,YORK, PA 17401
SERVICE CALL.
(717)771-9601
SHERIFF SERVICE WSTR~JCTIONS
PROCESS RECEIPT and AFFIDAVIT OF RETURN Pl-EASE TYPE ONLY l.~lE 1 Tt#tU 12
DO NOT DETAt~I ANY COPES
1 PtRINTIFF 5/ 2 COURT NUMBER
~~~ ~ /~~ ~ 07-4127 civil- term
4. TYPE OF WRIT OR COMPLAINT
3. DEFENDANT/Sr OS}r< ~ M ~~~, Cf2 GATT/S 7",EGL i q/'K/.4 /~ e, 8,~17T/Sr~c[L
.~N D AD,9,rr GUQ;, rme Notice and Ccmpla~in~
SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
y _ UosH Am~a~s~
6 ADDRESS (STREET OR RFO WITH X NUMBER, APT NQ. CITY, BORO. TWP ,STATE AND ZIP CODE)
AT ~ 5 ~~ (o s~ rl'N 11;11 ~~ 1yGtaJ I'2ee~v;m , yhRK COtatit~~~ / 73 y~i
7 INDICATE SERVICE ^ PERSONAL U PERSON IN CHARGE XI~EPUTIZE '.l C T Il 1ST CLASS MAIL U POSTED U OTHER
NOW July 13 , 20 07 I, SHERIFF OF COUNTr', PA, do hereby deputize the sheriff of
York COUNTY to execute this Writ . ~~c'feturn thereo~,,x`~fding
to law. This deputization being made at the request and risk of the plaintiff. ,.~p~-~=' `~
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. O/ C CL4llberland
Please mail return of service to Cumberland County Sheriff. Thank you.
ADV FEE PD BY LAW FIRM
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sherAl levying upon «attaching any properly under within writ may leave same
without a watchman, in wstody of whomever is found in possession, after notiying person of k:vy « a men 7iy on the part of such deputy or the sheriff to any plainhR
herein for any Nus, desWdion, « removal of any property before sheriff's sale thereof.
9. TYPE NAME and ADDRE$$ of ATTORNEY /ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER t t DATE FILED
Sletlenr (-ot,ve(1 , EsQa;~.~ 7/11/07
~ 13 2~ ~(, - N v~ ac~9-ti ~ v v ~~7~ 77U~1 L77
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed it notice is to be marled)
57e~e -~ ~-!6(,t,.¢, I I ~'sfv~ r~~ CUMBERLAND COUNTY SHERIFF
~ l q ~ 2t nG ~ s rrt,~e r' ~i.Jr ~ C~iw,'aec t~ n ~ ~~ / 7v7U
sPACE eEL w FoR usE of THE srHEra~ - oo-iroT wwrE aa.aw THS r~ _~
13. 1 acknowledge receipt of Me writ 14. DATE RECEIVED t 5 Expiration/Hearing Date
« complaint as inriinted above. LT M M C G I LL 7 / 16 / 0 7 8 / 10 / 0 7
16. HOW SERVED: PERSONAL ( RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW
17. O I hereby CeAify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.)
18. E AN TL O INDIVIDUAL SERVED / L{ST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20 Ti of Servrce
ddb` ~~.6ros~ 7- -67 / 3~' rw
21. ATTEMP Time Mi t. Date Time Miles Int. Date Trme Miles Irrt. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int.
22
23. Advance Costs
100.00 4 ice Costs
~ `oD 25 N/F 26 Mileage
~~< I 27. Postage 28 Sub Total
~s• ~ 29. Pound 30 xNo
Q 31. Surchg. 3~7W. Costs 33 Casts Due ehmd C~C~k~
Qo'
34. Foniyn County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38 MAeage/PoslagdNot Found 39. Total Costs 40 Costs Due or Refund
41. AFFIRMED and subscribed to bet me this 1ST ANSWERS
42. day M 2,Q Q 743,E M. Signatwe of
Oep. SheriR ~ p
46
S
nat
rE d York
fb" i",4R1.L SEAL
LISA L. GC.~`w'.'.~~;:~;, `?OTARYPUBLIC .
p
u
County Sherill
FOR WiLLIA~'I ~
M HOSE, SHERI F 47 OATS
~
~ ~,}~~~
CITY OF~•~`~:;-: ~G'RKCOUNTY
C~"'°ii=Si'•~` ;=;;~"~FSAUG. 12 2009 4e SignatureotForeign
CountyShenrt 49 GATE
5p. I A F(1f_C~F( FIDT L]F SIG NATURE c, fIA TF OFf C IVCl1
Vt Au I Ncmtctu ISSUING AUTHORITY AND TITLE
1. WHITE - Isswrp Authority 2. PINK -Attorney 3 CANARY - SheriRs Office 4. BLUE - SherrRs Olrice
:;~:_
~~~~
~.~
~3t~3k~S 3H1 3ti~4~~~~
43A13~
COUNTY OF YORK ~ ~ 20F2
OFFICE OF THE SHERIFF
28 EAST MARKET ST., YORK, PA 17401
SERVICE CALL
(717) 771-9601
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12
D4 NOT DETACH ANY COPIES
1. PLAIN IFF/S/
~"h om~s ll~
2. COURT NUMBER
07-4127 civil term
4. TYPE OF WRIT OR COMPLAINT
3. DEFEh DANTISI ~ OS !f rt /S Q,p ~! cI0ls ,U,g rr i,.S ?e/% A j<c/A (/!S~/!/J' C ,
_~. r' TT /,S~ Te ~ G % /rf w KJ /4pi4~ GIJ~° i~nP,~ I Notice and Ccxnplaint c i c a
SERA "E 5~1NAME OF INDIV}}D~'U~~L, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD.
6. ADDRESS (ST EET OR RFO WITH BOX NUMBER, Tn. NO„ CITY, BORO, TWP., STATE AND ZIP CODE)
AT ~/~p ~ /~ U ,175 ~~lJr~.' if /~6~- ~~ ~ ~~RIC CGr~w~y , ~~ / 7 3?
7. INDIC~,TE SERVICE: ^ PERSONAL ^ PERSON IN CHARGE EPUTIZE ^ CERT. M IL ^ 1ST CLAS AIL POSTED ^ OTHER
NOW July 13, , 20 07 I, SHERIFF O UNTY, PA, do hereby deputize the sheriff of
York COUNTY to execute this V1(r,>i#, ce return therrot,~ording
to law. This deputization being made at the request and risk of the plaintiff. ~' , %°~="~ ~="'~~ {.2-~~- -~'
_ SHERIFF OF'~COUNTY
8. SPEC AL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
Please mail return of service to Cumberland County Sheriff. Thank you.
NOTE: C NLY APPLICABLE ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN -Any deputy s riff levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or men bility on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any properly before sherifPS sale thereof.
9. TYPE NAME and ADDRESS of ATTORN Y / ORIGINATO nd SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED
STeu~x., rj-}o(,~c.,/I, ~s~~r,c` 7/11/07
~. ~0 ,~ S7 ~ .~ ~767v l -7-TD-(?77
12. SEN D NOTICE OF S RVICE COPY TO ME ND ADDRESS BLOW: (This area must be completed if notice is to be mailed).
. ~ ~T~l~~ ~or~ l!t'~ E.sl~~w ~` ~~ ~ ~ ~ CUMBERLAND COUNTY SHERIFF
SPACE' BEL FOR USE OF THE SHERIFF - DQ NAT WRITE BELOW. THIS LINE
13. I acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date
or complaint as indicated above. / LT M MCGILL 7/16/07 T 8/10/07
16. HO1N SERVED: PERSONAL (/J RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW
17. ^ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.)
1 NAME D TITLE OF INDIVI UAL SERVED /LIST ADDRESS
' ~~ ER IF NOT SHOWN ABOVE (Relationship to Defendant)
~ i r 19. Date of
7~ ervice
-07 20. Time of Service
~'S~~~J
21. ATTEMPTS ate Ti
me Miles Int, Date Time MiIQS Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int.
~' u
~ lV X15/ inJ~/'1 pit!
22. REMARKS:
23. Advance Costs 24. Service Costs 25. N!F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33. Costs Due or Refund Check No
34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary C 38. ileage/PostagelNot F d 39. Total Costs 40. Costs Due or Refund
31
41
AFFIRME
b
i
f O ANSWERS
.
and su
scr
bed to be
ore me this
42. day C ~ ~ ~ ~i ~` `~ '`' "~-°~ ~ = d~J j~S Signat re of
ep. S enff
~~- ~~'3 45. D TE
~p~ ~~
~~G-gr_~,'~~SEAL
LISA L. n~Jrs,/F;;'a.~~r, ;~;~7ARY PUBLIC
c~, ~~~r=~ ",;; ~ ri~couNTY ARY 46 . Signa re of York
County heriff 47. DATE
7/31/07
MY CGr ~'~"!~ ~ c Z_:S AUG. 12, 2009
I,
-- -..-.. --_-
48 g ature of Forei n
. Sin g
County Sheriff 49. DATE
50. I ACKNOVVLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 151. DATE RECEIVED
OF AUTHORIZED ISSUING AUTHORITY AND TITLE
1. WHITE -Issuing Authority 2. PINK -Attorney 3. CANARY -Sheriff's Office 4. BLUE -Sheriffs Office
1N THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY,
PENNSYLVANIA
THOMAS KING, NO. 07-4127
Plaintiff,
vs. CIVIL ACTION-LAW
JOSH AMBROSE, JOE BATTISTELLI, a1k/a i
JOSEPH C. BATTISTELLI and ADAM
WEIMER,
Defendants.
NOTICE TO PLEAD
Thomas King
c!o Steven Howell, Esq.
Howell Law Firm
619 Bridge Street
New Cumberland, PA 17070
You are hereby notified to plead to the enclosed New Matter and within Twenty (20) days
from service hereof, or a default judgment may be entered against you.
Respectfully submitted,
Dated:
MOONEY & ASSOCIATES
By:
George W. Swartz, II, Esquire
Attorney for Defendant
I.D. # 94527
230 York Street
Hanover, PA, 17331
(717) 632-4656
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THOMAS KING, NO. 07-4127
Plaintiff,
Vs. CIVIL ACTION-LAW
JOSH AMBROSE, JOE BATTISTELLI,
a/k/a JOSEPH C. BATTISTELLI and ADAM
WEIMER,
Defendants.
ANSWER WITH NEW MATTER
AND NOW, this ~ day of ~ ~ ~ ~ ~ , 2007 comes the Defendant,
Josh Ambrose, by and through his attorneys, Mooney & Associates, by George W. Swartz, II,
Esquire, files the within Answer with New Matter, wherein the following is a statement, to wit:
ANSWER
1: Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7 Admitted.
COUNTI
Breach of Lease as to Defendant Ambrose
8. Defendant incorporates by reference averments 1 through 7 as though fully set forth
9. Admitted.
10. Admitted in part and denied in part. It is admitted by answering Defendant that section
19 of the parties' lease states that the lease is "joint and several lease." It is denied by
answering Defendant that Defendant Ambrose is jointly and severally liable for damage
caused to the leased premises as answering Defendant denies any damage has occurred
to the leased premises.
11. Denied. It is denied by answering Defendant that any damage was done to the leased
premises other than normal "wear and tear" which is excusable under the terms ofthe
lease. Further, a majority of the damage cited in Plaintiff's Complaint existed prior to
Defendants moving into the leased premises. In the alternative, any damage caused
above normal "wear and tear" would be covered by the deposit of each Defendant.
Strict proof to the contrary is demanded.
12. Admitted.
13. Admitted with clarification. Defendant Ambrose incurred late fees in the amount
stated, however, in a conversation with Plaintiff, Plaintiffexcusedbefendant Ambrose
for said late fees and stated that it would not be necessary to pay any late fees to
Plaintiff.
14. Denied. It is denied by answering Defendant that Defendant Ambrose grew marijuana
in the leased premises. Strict proof thereof is demanded.
15. Denied. It is denied by answering Defendant that Defendant Ambrose caused damage
to the property in violation of the lease or that Defendant Ambrose is jointly and
severally liable to Plaintiff in the amount of $3,015.31.
16. Denied. It is denied by answering Defendant that Defendant Ambrose is liable to repay
all court costs, reasonable attorney's fees and all expenses associated with this action
as it is denied by answering Defendant that Defendant Ambrose has breached the
parties' lease.
WI-IEREFORE, Defendant, Josh Ambrose, respectfully requests this Honorable Court
dismiss Plaintiff's Complaint with prejudice.
COUNT II
Breach of Lease as to Defendant Battistelli
17. The prior paragraphs of this Answer are incorporated herein by reference.
18. Admitted.
19. Admitted in part and denied in part. It is admitted by answering Defendant that section
19 of the parties' lease states that the lease is "joint and several lease." It is denied by
answering Defendant that Defendant Battistelli is jointly and severally liable for
damage caused to the leased premises as answering Defendant denies any damage has
occurred to the leased premises.
20. Denied. It is denied by answering Defendant that any damage was done to the leased
premises other than normal "wear and tear" which is excusable under the terms of the
lease. Further, a majority of the damage cited in Plaintiff s Complaint existed prior to
Defendants moving into the leased premises. In the alternative, any damage caused
above normal "wear and tear" would be covered by the deposit of each Defendant.
Strict proof to the contrary is demanded.
21. Admitted.
22. Admitted with clarification. Defendant Battistelli incurred late fees in the amount
stated, however, in a conversation with Plaintiff, Plaintiff excused Defendant Battistelli
for said late fees and stated that it would not be necessary to pay any late fees to
Plaintiff.
23 . Denied. It is denied by answering Defendant that Defendant Battistelli grew marijuana
in the leased premises. Strict proof thereof is demanded.
24. Denied. It is denied by answering Defendant that Defendant Battistelli caused damage
to the property in violation of the lease or that Defendant Battistelli is jointly and
severally liable to Plaintiff in the amount of $3,015.31.
25. Denied. It is denied by answering Defendant that Defendant Battistelli is liable to
repay all court costs, reasonable attorney's fees and all expenses associated with this
action as it is denied by answering Defendant that Defendant Battistelli has breached
the parties' lease.
WHEREFORE, Defendant, Josh Ambrose, respectfully requests this Honorable Court
dismiss Plaintiff's Complaint with prejudice.
COUNT III
Breach of Lease as to Defendant Weimer
26. The prior paragraphs of this Answer are incorporated herein by reference.
27. Admitted.
28. Denied. It is denied by answering Defendant that section 25 of the parties' lease holds
Defendant Weimer jointly and severally liable for damages to the leased premises.
29. Denied. It is denied by answering Defendant that any damage was done to the leased
premises other than normal "wear and tear" which is excusable under the terms of the
lease. Further, a majority of the damage cited in Plaintiff? s Complaint existed prior to
Defendants moving into the leased premises. In the alternative, any damage caused
above normal "wear and tear" would be covered by the deposit of each Defendant.
Strict proof to the contrary is demanded.
30. Denied. It is denied by answering Defendant that Defendant Weimer grew marijuana
in the leased premises. Strict proof thereof is demanded.
31. Denied. It is denied by answering Defendant that Defendant Weimer caused damage
to the property in violation of the lease or that Defendant Weimer is jointly and
severally liable to Plaintiff in the amount of $3,015.31.
32. Denied. It is denied by answering Defendant that Defendant Weimer is liable to repay
all court costs, reasonable attorney's fees and all expenses associated with this action
as it is denied by answering Defendant that Defendant Weimer has breached the
parties' lease.
WHEREFORE, Defendant, Josh Ambrose, requests the Honorable Court dismiss
Plaintiff's Complaint with prejudice.
NEW MATTER
33. The prior paragraphs of this Answer are incorporated herein by reference.
34. The claims set forth in Plaintiff s Complaint are barred by the doctrine of "unclean
hands."
3 5. The claims set forth in Plaintiff s Complaint are barred by the doctrine of estoppel.
36. The claims set forth in Plaintiff s Complaint are barred by the doctrine of laches.
37, Plaintiff fails to state a cause of action for which relief may be granted.
3 8. Prior to moving into the leased premises, Defendants were not given opportunity to
inspect the leased premises.
39. Upon moving into the property, Defendants found damage to the leased premises as
described by Plaintiff in its averments 11, 20, and 29.
40. Upon pointing these items out to Plaintiff, Plaintiff referred Defendants to paragraph
11 of the lease which states that they agreed to lease the premises in an "as-is"
condition.
41. It is believed and therefore averred that the carpet at the leased premises was
substantially aged and worn at the start of the tenancy by the Defendants.
42. It is believed and therefore averred that Plaintiff, after Defendants lease terminated,
cleaned the carpet of the leased premises and has since rented the leased premises out
to another group of tenants.
WHEREFORE, Defendant, Josh Ambrose, requests the Honorable Court dismiss
Plaintiffs Complaint with prejudice.
Respectfully submitted,
MOONEY & ASSOCIATES
~`%'~
By: ....
George W. Swartz, II, Esquire
Attorney for Defendant
I.D. # 94527
230 York Street
Hanover, PA, 17331
(717) 632-4656
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SUM a~~ ss.
COUNTY OF
Before me, a Notary Public, in and for said County and Commonwealth, personally
appeared Josh Ambrose, who, being duly sworn according to law, deposes and says that facts
contained in the foregoing document are true and correct to the best of his knowledge,
information and belief.
Josh brose
Print Name: ~,~~ ~,,'~cese.
SWORN and SUBSCRIBED to
before e, a Notary blic
this day of ~ ~J 2007.
l~fota~y Public ~ '
My mmission Expires: (SE )
,nMONWEALTH OF PENNS'YI.VAt~~f~
N07ARIAL SEAL
~:'? M. BROWN, Notary Puce : `
;op~ Cumberland Court
....::ion Expires Aug. 23, 2b i
r
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THOMAS KING,
Plaintiff,
NO. 07-4127
vs. ~ CIVIL ACTION -LAW
JOSH AMBROSE, JOE BATTISTELLI, a/k/a i
JOSEPH C. BATTISTELLI and ADAM
WEIMER,
Defendants.
CERTIFICATE OF SERVICE
I, George W. Swartz, II, Esquire, attorney for the above Defendant, hereby certify that on
this ~ day of ~ ~ /~ _, 2007, I have forwarded a copy of the Answer with
New Matter, in the above-captioned action to the following individual(s) by regular U. S. Mail as
set forth below:
Steven Howell, Esq.
Howell Law Firm
619 Bridge Street
New Cumberland, PA 17070
Respectfully submitted,
MOONEY & ASSOCIATES
B ___-~~~ `` ~--
Y
George W. Swartz, II, Esquire
Attorney far Defendant
I.D. # 94527
230 York Street
Hanover, PA, 17331
(717) 632-4656
cr.+
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tV
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THOMAS KING, NO. 07-4127
Plaintiff,
vs. CIVIL ACTION-LAW
JOSH AMBROSE, JOE BATTISTELLI, a/k/a
JOSEPH C. ~ATTISTELLI and ADAM
WEIMER,
Defendants.
NOTICE TO PLEAD
Thomas King
c!o Steven Howell, Esq.
Howell Law Firm
619 Bndge Street
New Cumberland, PA 17070
You are hereby notified to plead to the enclosed New Matter and within Twenty (20) days
from service hereof, or a default judgment may be entered against you.
Respectfully submitted,
Dated:
MOONEY & ASSOCIATES
By: -
George W. wartz, II, Esquire
Attorney for Defendant
LD. # 94527
230 York Street
Hanover, PA, 1 "331
(717) 632-4656
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THOMAS KING, NO. 07-4127
Plaintiff,
vs.
CIVIL ACTION-LAW
JOSH AMBROSE, JOE BATTISTELLI,
a/k/a JOSEPH C. BATTISTELLI and ADAM
WEIMER,
Defendants.
ANSWER WITH NEW MATTER
AND NOW, this ~ day of Q ~ , 2007 comes the Defendant,
Adam Weimer, by and through his attorneys, Mooney & Associates, by George W. Swartz, II,
Esquire, files the within Answer with New Matter, wherein the following is a statement, to wit:
ANSWER
1. Adnutted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
COUNTI
Breach of Lease as to Defendant Ambrose
8. Defendant incorporates by reference averments 1 through 7 as though fully set forth
9. Admitted.
10. Admitted in part and denied in part. It is admitted by answering Defendant that section
19 of the parties' lease states that the lease is "joint and several lease." It is denied by
answering Defendant that Defendant Ambrose is jointly and severally liable for damage
caused to the leased premises as answering Defendant denies any damage has occurred
to the leased premises.
11. Denied. It is denied by answering Defendant that any damage was done to the leased
premises other than normal "wear and tear" which is excusable under the terms of the
lease. Further, a majority of the damage cited in Plaintiff's Complaint existed prior to
Defendants moving into the leased premises. In the alternative, any damage caused
above normal "wear and tear" would be covered by the deposit of each Defendant.
Strict proof to the contrary is demanded.
12. Admitted.
13. Admitted with clarification. Defendant Ambrose incurred late fees in the amount
stated, however, in a conversation with Plaintiff, Plaintiffexcused Defendant Ambrose
for said late fees and stated that it would not be necessary to pay any late fees to
Plaintiff.
14. Denied. It is denied by answering Defendant that Defendant Ambrose grew marijuana
in the leased premises. Strict proof thereof is demanded.
15. Denied. It is denied by answering Defendant that Defendant Ambrose caused damage
to the property in violation of the lease or that Defendant Ambrose is jointly and
severally liable to Plaintiff in the amount of $3,015.31.
16. Denied. It is denied by answering Defendant that Defendant Ambrose is liable to repay
all court costs, reasonable attorney's fees and all expenses associated with this action
as it is denied by answering Defendant that Defendant Ambrose has breached the
parties' lease.
WHEREFORE, Defendant, Adam Weimer, respectfully requests this Honorable Court
dismiss Plaintiffs Complaint with prejudice.
COUNT II
Breach of Lease as to Defendant Battistelli
17. The prior paragraphs of this Answer are incorporated herein by reference.
18. Admitted.
19. Admitted in part and denied in part. It is admitted by answering Defendant that section
19 of the parties' lease states that the lease is "joint and several lease." It is denied by
answering Defendant that Defendant Battistelli is jointly and severally liable for
damage caused to the leased premises as answering Defendant denies any damage has
occurred to the leased premises.
20. Denied. It is denied by answering Defendant that any damage was done to the leased
premises other than normal "wear and tear" which is excusable under the terms ofthe
lease. Further, a majority of the damage cited in Plaintiff s Complaint existed prior to
Defendants moving into the leased premises. In the alternative, any damage caused
abo~~e normal "wear and tear" would be covered by the deposit of each Defendant.
Strict proof to the contrary is demanded.
21. Admitted.
22. Admitted with clarification. Defendant Battistelli incurred late fees in the amount
stated, however, in a conversation with Plaintiff, Plaintiffexcusedbefendant Battistelli
for said late fees and stated that it would not be necessary to pay any late fees to
Plaintiff.
23 . Denied. It is denied by answering Defendant that Defendant Battistelli grew marijuana
in the leased premises. Strict proof thereof is demanded.
24. Denied. It is denied by answering Defendant that Defendant Battistelli caused damage
to the property in violation of the lease or that Defendant Battistelli is jointly and
severally liable to Plaintiff in the amount of $3,015.31.
25. Denied. It is denied by answering Defendant that Defendant Battistelli is liable to
repay all court costs, reasonable attorney's fees and all expenses associated with this
action as it is denied by answering Defendant that Defendant Battistelli has breached
the parties' lease.
WHEREFORE, Defendant, Adam Weimer, respectfully requests this Honorable Court
dismiss Plaintiff's Complaint with prejudice.
COUNT III
Breach of Lease as to Defendant Weimer
26. The prior paragraphs of this Answer are incorporated herein by reference.
27. Admitted.
28. Denied. It is denied by answering Defendant that section 25 of the parties' lease holds
Defendant Weimer jointly and severally liable for damages to the leased premises.
29. Denied. It is denied by answering Defendant that any damage was done to the leased
premises other than normal "wear and tear" which is excusable under the terms of the
lease. Further, a majority of the damage cited in Plaintiff s Complaint existed prior to
Defendants moving into the leased premises. In the alternative, any damage caused
above normal "wear and tear" would be covered by the deposit of each Defendant.
Strict proof to the contrary is demanded.
30. Denied. It is denied by answering Defendant that Defendant Weimer grew marijuana
in the leased premises. Strict proof thereof is demanded.
31. Denied. It is denied by answering Defendant that Defendant Weimer caused damage
to the property in violation of the lease or that Defendant Weimer is jointly and
severally liable to Plaintiff in the amount of $3,015.31.
32. Denied. It is denied by answering Defendant that Defendant Weimer is liable to repay
all court costs, reasonable attorney's fees and all expenses associated with this action
as it is denied by answering Defendant that Defendant Weimer has breached the
parties' lease.
WHEREFORE, Defendant, Adam Weimer, requests the Honorable Court dismiss
Plaintiff's Complaint with prejudice.
NEW MATTER
33. The prior paragraphs of this Answer are incorporated herein by reference.
34. The claims set forth in Plaintiffs Complaint are barred by the doctrine of "unclean
hands."
35. The claims set forth in Plaintiff's Complaint are barred by the doctrine of estoppel.
36. The claims set forth in Plaintiffs Complaint are barred by the doctrine of laches.
37. Plaintiff fails to state a cause of action for which relief may be granted.
38. Prior to moving into the leased premises, Defendants were not given opportunity to
inspect the leased premises.
39. Upon moving into the property, Defendants found damage to the leased premises as
described by Plaintiff in its averments 11, 20, and 29.
40. Upon pointing these items out to Plaintiff, Plaintiff referred Defendants to paragraph
11 of the lease which states that they agreed to lease the premises in an "as-is"
condition.
41. It is believed and therefore averred that the carpet at the leased premises was
substantially aged and worn at the start of the tenancy by the Defendants.
42. It is believed and therefore averred that Plaintiff, after Defendants lease terminated,
cleaned the carpet of the leased premises and has since rented the leased premises out
to another group of tenants.
WHEREFORE, Defendant, Adam Weimer, requests the Honorable Court dismiss
Plaintiff s Complaint with prejudice.
Respectfully submitted,
MOONEY & ASSOCIATES
By: y~ -,
George W. Swartz, II, Esquire
Attorney for Defendant
LD. # 94527
23 0 York Street
Hanover, PA, 17331
(717) 632-4656
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF ~,~
Before me, a Notary Public, in and for said County and Commonwealth, personally
appeared Adam Weimer, who, being duly sworn according to law, deposes and says that facts
contained in the foregoing document are true and correct to the best of his knowledge,
information and belief.
Adam Weimer
Print Name: ~~~ W ~,~ mq, l
SWORN and SUBSCRIBED to
before e, a Notary Public
this day of ®r^ ]7J~j~.~ , 2007.
(/~2%'y~
Notary Public
My Commission Expires: (SEAL) ~~/w Zv?> 9
COMMONWEALTH OF PENNSYLVAMA
Notarial Seal
Brian D. McMaster, Notary Public
Hanover Boro, York County
My Commission Expires Nov. 20, 2009
Member, PennayivaNa AsSOClatbn Of Notarlos
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THOMAS KING,
NO. 07-4127
Plaintiff,
vs.
CIVIL ACTION -LAW
JOSH AMBROSE, JOE BATTISTELLI, a/k1a
JOSEPH C. BATTISTELLI and ADAM
WEIlVIER,
Defendants.
CERTIFICATE OF SERVICE
I, George W. Swartz, II, Esquire, attorney for the above Defendant, hereby certify that on
this ~ day of ~ C ~} ~}~ , 2007, I have forwarded a copy of the Answer with
New Matter, in the above-captioned action to the following individual(s) by regular U. S. Mail as
set forth below:
Steven Howell, Esq.
Howell Law Firm
619 Bridge Street
New Cumberland, PA 17070
Respectfully submitted,
MOONEY & ASSOCIATES
By:
George W. wartz, II, Esquire
Attorney for Defendant
LD. # 94527
230 York Street
Hanover, PA, 17331
(717) 632-4656
~ '"
~
"f1?7ry ".~
C"3
r~,~ ~~
J
~~ ` r . ~_Z
Y~
'. J
A
~ ~..~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THOMAS KING, NO. 07-4127
Plaintiff,
vs. CIVIL ACTION-LAW
JOSH AMBROSE, JOE BATTISTELLI, a/k/a
JOSEPH C. BATTISTELLI and ADAM
WEIMER,
Defendants.
NOTICE TO PLEAD
Thoma<~ King
c/o Steven Howell, Esq.
Howell Law Firm
619 Bridge Street
New Cumberland, PA 17070
You are hereby notified to plead to the enclosed New Matter and within Twenty (20) days
from service hereof, or a default judgment maybe entered against you.
Respectfully submitted,
Dated: ~ t~ y_~_
MOONEY & ASSOCIATES
By ~-
George W. Swartz, II, Esquire
Attorney for Defendant
I.D. # 94527
230 York Street
Hanover, PA, 17331
(717) 632-4656
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THOMAS KING, NO. 07-4127
Plaintiff,
vs. CIVIL ACTION-LAW
JOSH AMBROSE, JOE BATTISTELLI,
a/k/a JOSEPH C. BATTISTELLI and ADAM
WEIl~IER,
Defendants.
ANSWER WITH NEW MATTER
AND NOW, this day of ~~ 1sI ~ T- 2007 comes the Defendant,
Joseph C. Battistelli, by and through his attorneys, Mooney & Associates, by George W. Swartz,
II, Esquire, files the within Answer with New Matter, wherein the following is a statement, to wit:
ANSWER
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
S. Admitted.
6. Admitted.
7. Admitted.
COUNTI
Breach of Lease as to Defendant Ambrose
8. Defendant incorporates by reference averments 1 through 7 as though fully set forth
9. Admitted.
10. Admitted in part and denied in part. It is admitted by answering Defendant that section
19 of the parties' lease states that the lease is "joint and several lease." It is denied by
answering Defendant that Defendant Ambrose is jointly and severally liable for damage
caused to the leased premises as answering Defendant denies any damage has occurred
to the leased premises.
11. Denied. It is denied by answering Defendant that any damage was done to the leased
premises other than normal "wear and tear" which is excusable under the terms of the
lease. Further, a maj ority of the damage cited in PlaintifF s Complaint existed prior to
Defendants moving into the leased premises. In the alternative, any damage caused
above normal "wear and tear" would be covered by the deposit of each Defendant.
Strict proof to the contrary is demanded.
12. Admitted.
13. Admitted with clarification. Defendant Ambrose incurred late fees in the amount
stated, however, in a conversation with Plaintiff Plaintiffexcusedbefendant Ambrose
for said late fees and stated that it would not be necessary to pay any late fees to
Plaintiff.
14. Denied. It is denied by answering Defendant that Defendant Ambrose grew marijuana
in the leased premises. Strict proof thereof is demanded.
1 S. Denied. It is denied by answering Defendant that Defendant Ambrose caused damage
to the property in violation of the lease or that Defendant Ambrose is jointly and
severally liable to Plaintiff in the amount of $3,015.31.
16. Denied. It is denied by answering Defendant that Defendant Ambrose is liable to repay
all court costs, reasonable attorney's fees and all expenses associated with this action
as it is denied by answering Defendant that Defendant Ambrose has breached the
parties' lease.
WHEREFORE, Defendant, Joseph C. Battistelli, respectfully requests this Honorable
Court dismiss Plaintiff s Complaint with prejudice.
COUNT II
Breach of Lease as to Defendant Battistelli
17. The prior paragraphs of this Answer are incorporated herein by reference.
18. Admitted.
19. Admitted in part and denied in part. It is admitted by answering Defendant that section
19 of the parties' lease states that the lease is "joint and several lease." It is denied by
answering Defendant that Defendant Battistelli is jointly and severally liable for
damage caused to the leased premises as answering Defendant denies any damage has
occurred to the leased premises.
20. Denied. It is denied by answering Defendant that any damage was done to the leased
premises other than normal "wear and tear" which is excusable under the terms of the
lease. Further, a maj ority of the damage cited in Plaintiff s Complaint existed prior to
Defendants moving into the leased premises. In the alternative, any damage caused
above normal "wear and tear" would be covered by the deposit of each Defendant.
Strict proof to the contrary is demanded.
21. Admitted.
22. Admitted with clarification. Defendant Battistelli incurred late fees in the amount
stated, however, in a conversation with Plaintiff, Plaintiff excused Defendant Battistelli
for said late fees and stated that it would not be necessary to pay any late fees to
Plaintiff.
23 . Denied. It is denied by answering Defendant that Defendant Battistelli grew marijuana
in the leased premises. Strict proof thereof is demanded.
24. Denied. It is denied by answering Defendant that Defendant Battistelli caused damage
to the property in violation of the lease or that Defendant Battistelli is jointly and
severally liable to Plaintiff in the amount of $3,015.31.
25. Denied. It is denied by answering Defendant that Defendant Battistelli is liable to
repay all court costs, reasonable attorney's fees and all expenses associated with this
action as it is denied by answering Defendant that Defendant Battistelli has breached
the parties' lease.
WHEREFORE, Defendant, Joseph C. Battistelli, respectfully requests this Honorable
Court dismiss Plaintiil's Complaint with prejudice.
COUNT III
Breach of Lease as to Defendant Weimer
26. The prior paragraphs of this Answer are incorporated herein by reference.
27. Admitted.
28. Denied. It is denied by answering Defendant that section 25 of the parties' lease holds
Defendant Weimer jointly and severally liable for damages to the leased premises.
29. Denied. It is denied by answering Defendant that any damage was done to the leased
premises other than normal "wear and tear" which is excusable under the terms of the
lease. Further, a majority of the damage cited in Plaintiff s Complaint existed prior to
Defendants moving into the leased premises. In the alternative, any damage caused
above normal "wear and tear" would be covered by the deposit of each Defendant.
Strict proof to the contrary is demanded.
30. Denied. It is denied by answering Defendant that Defendant Weimer grew marijuana
in the leased premises. Strict proof thereof is demanded.
31. Denied. It is denied by answering Defendant that Defendant Weimer caused damage
to the property in violation of the lease or that Defendant Weimer is jointly and
severally liable to Plaintiff in the amount of $3,015.31,
32. Denied. It is denied by answering Defendant that Defendant Weimer is liable to repay
all court costs, reasonable attorney's fees and all expenses associated with this action
as it is denied by answering Defendant that Defendant Weimer has breached the
parties' lease.
WHEREFORE, Defendant, Joseph C. Battistelli, requests the Honorable Court
dismiss Plaintiff's Complaint with prejudice.
NEW MATTER
33. The prior paragraphs of this Answer are incorporated herein by reference.
34. The claims set forth in Plaintiffs Complaint are barred by the doctrine of "unclean
hands."
35. The claims set forth in Plaintiff's Complaint are barred by the doctrine of estoppel.
36. The claims set forth in Plaintiff's Complaint are barred by the doctrine of laches.
37. Plaintiff fails to state a cause of action for which relief maybe granted.
38. Prior to moving into the leased premises, Defendants were not given opportunity to
inspect the leased premises.
39. Upon moving into the property, Defendants found damage to the leased premises as
described by Plaintiff in its averments 11, 20, and 29.
40. Upon pointing these items out to Plaintiff, Plaintiffreferredbefendants to paragraph
11 of the lease which states that they agreed to lease the premises in an "as-is"
condition.
41. It is believed and therefore averred that the carpet at the leased premises was
substantially aged and worn at the start of the tenancy by the Defendants.
42. It is believed and therefore averred that Plaintiff, after Defendants lease terminated,
cleaned the carpet of the leased premises and has since rented the leased premises out
to another group of tenants.
WHEREFORE, Defendant, Joseph C. Battistelli, requests the Honorable Court dismiss
Plaintii~ s Complaint with prejudice.
Respectfully submitted,
MOONEY & ASSOCIATES
By:
George W. Swartz, II, Esquire
Attorney for Defendant
I.D. # 94527
23 0 York Street
Hanover, PA, 17331
(717)632-4656
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF ~u1~I/3F/~L~iV/~
Before me, a Notary Public, in and for said County and Commonwealth, personally
appeared Joseph C. Battistelli, who, being duly sworn according to law, deposes and says that
facts contained in the foregoing document are true and correct to the best of his knowledge,
information and belief.
Jose .Battistelli
Print Name: ~~p 2 C ~ ga-~}-~`s-~e I
SWORN and SUBSCRIBED to
before me, a Nota ublic
this ~ day of ~ ~a~ ~ 2007.
I~fofay~ Public __ _ ...~_ ' J
My ommission Expires: (S AL)
MILDREp M. BROWN, Notary Public
f3oro of Shippenstwrg, Cumberland County
My Commission Expires Aug. 23, 2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THOMAS KING,
vs.
Plaintiff,
JOSH AMBROSE, JOE BATTISTELLI, a/k/a
JOSEPH C. BATTISTELLI and ADAM
WEIMER,
Defendants.
NO. 07-4127
CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
I, George W. Swart\z,,~II, Esquire, attorney for the above Defendant, hereby certify that on
this ~ day of ~ ~, ~ 11-t/~ , 2007, I have forwarded a copy of the Answer with
New Matter, in the above-captioned action to the following individual(s) by regular U. S. Mail as
set forth below:
Steven Howell, Esq.
Howell Law Firm
619 Bridge Street
New Cumberland, PA 17070
Respectfully submitted,
MOONEY & ASSOCIATES
By: ~~ .~.
George W. Swartz, II, Esqui e
Attorney for Defendant
I.D. # 94527
230 York Street
Hanover, PA, 17331
(717) 632-4656
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THOMAS KING, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY
VS.
PENNSYLVANIA
NO.07-4127
JOSH AMBROSE,
JOE BATTISTELLI, a/k/a/ JOSEPH C.
BATTISTELLI and ADAM WEIMER,
DEFENDANTS CIVIL ACTION -LAW
REPLY TO DEFENDANT BATTISTELLI'S NEW MATTER
33. DENIED. To the extent a response is necessary, Plaintiff incorporates by reference
the factual allegations set forth in ¶1 - ¶32 of the Complaint as though fully set forth.
34. DENIED. Paragraph 34 is a conclusion of law to which no response is required. If a
response were required the Plaintiff denies that the doctrine of unclean hands is
applicable in this case. To the contrary, the Defendant engaged in the growing of
marijuana and breached the lease as set forth in ¶1 - ¶32 of the Complaint.
35. DENIED. Paragraph 35 is a conclusion of law to which no response is required. If a
response were required the Plaintiff denies that the doctrine of estoppel is applicable
in this case. To the contrary, the Defendant engaged in the growing of marijuana and
breached the lease as set forth in ¶1 - ¶32 of the Complaint.
36. DENIED. Paragraph 36 is a conclusion of law to which no response is required. If a
response were required the Plaintiff denies that the doctrine of laches is applicable in
this case. To the contrary, the Defendant engaged in the growing of marijuana and
breached the lease as set forth in ¶1 - ¶32 of the Complaint.
37. DENIED. Paragraph 37 is a conclusion of law to which no response is required. If a
response were required the Plaintiff denies that he has failed to state of cause of
action for which relief may be granted. To the contrary, the Defendant engaged in the
growing of marijuana and breached the lease as set forth in ¶1 - ¶32 of the Complaint.
38. DENIED. Defendant were given the opportunity to inspect the leased premises and
¶11 of the Lease states that the tenants agreed "to take the premises in `as is'
condition."
39. DENIED. Defendants individually and severally damaged the property as set forth in
the Complaint including ¶11, ¶20, and ¶29.
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40. DENIED. The leased premises was not damaged as set forth in ¶1 I, ¶20, and ¶29 of
the Complaint prior to the Defendants taking occupancy. The Defendants
individually and severally damaged the property as set forth in the Complaint
including ¶11, ¶20, and ¶29 after they took occupancy.
41. DENIED. The carpet was installed in 2004 and was in excellent shape following a
routine cleaning in the summer of 2005 and summer of 2006 immediately prior to the
Defendants taking occupancy.
42. ADMITTED IN PART AND DENIED IN PART. The premises is leased out at the
present time with the damage to the carpets outlined in the Complaint. However, the
current tenants for 2007-2008 academic year signed their lease prior to the damage
outlined in the Complaint. Prospective tenants for the 2008-2009 academic year have
complained that they will not sign a lease without the carpet being replaced.
WHEREFORE, Plaintiff seeks entry of judgment in his favor in the amount of
$3,015.31 plus all costs and an award of attorney's fees in the amount of at least $1,000.00
for a total of $4,015.31 at 6% per annum against the Defendants.
Respectfully submitted,
BY:
St en Howell, Esquire
owell Law Firm
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court ID 62063
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on the date set forth below a true and correct copy of the foregoing
documents was served by postage prepaid, first class United States Mail on all interested
parties or counsel of record at the addresses set forth below.
Gregory W. Swartz, II, Esquire
Mooney & Associates
230 York Street
Hanover, PA 17331
BY:
Date: November 5, 2007
s
...
Verification
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.
Section 4904 relating to unsworr~ falsification to authorities.
BY:
Date:
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THOMAS KING, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY
PENNSYLVANIA
VS.
NO. 07 -4127
JOSH AMBROSE,
JOE BATTISTELLI, a/k/a/ JOSEPH C.
BATTISTELLI and ADAM WEIMER,
DEFENDANTS CIVIL ACTION -LAW
REPLY TO DEFENDANT AMBROSE'S NEW MATTER
33. DENIED. To the extent a response is necessary, Plaintiff incorporates by reference
the factual allegations set forth in ¶1 - ¶32 of the Complaint as though fully set forth.
34. DENIED. Paragraph 34 is a conclusion of law to which no response is required. If a
response were required the Plaintiff denies that the doctrine of unclean hands is
applicable in this case. To the contrary, the Defendant engaged in the growing of
marijuana and breached the lease as set forth in ¶1 - ¶32 of the Complaint.
35. DENIED. Paragraph 35 is a conclusion of law to which no response is required. If a
response were required the Plaintiff denies that the doctrine of estoppel is applicable
in this case. To the contrary, the Defendant engaged in the growing of marijuana and
breached the lease as set forth in ¶1 - ¶32 of the Complaint.
36. DENIED. Paragraph 36 is a conclusion of law to which no response is required. If a
response were required the Plaintiff denies that the doctrine of lathes is applicable in
this case. To the contrary, the Defendant engaged in the growing of marijuana and
breached the lease as set forth in ¶1 - ¶32 of the Complaint.
37. DENIED. Paragraph 37 is a conclusion of law to which no response is required. If a
response were required the Plaintiff denies that he has failed to state of cause of
action for which relief may be granted. To the contrary, the Defendant engaged in the
growing of marijuana and breached the lease as set forth in ¶1 - ¶32 of the Complaint.
38. DENIED. Defendant were given the opportunity to inspect the leased premises and
¶11 of the Lease states that the tenants agreed "to take the premises in `as is'
condition."
39. DENIED. Defendants individually and severally damaged the property as set forth in
the Complaint including ¶11, ¶20, and ¶29.
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40. DENIED. The leased premises was not damaged as set forth in ¶11, ¶20, and ¶29 of
the Complaint prior to the Defendants taking occupancy. The Defendants
individually and severally damaged the property as set forth in the Complaint
including ¶11, ¶20, and ¶29 after they took occupancy.
41. DENIED. The carpet was installed in 2004 and was in excellent shape following a
routine cleaning in the summer of 2005 and summer of 2006 immediately prior to the
Defendants taking occupancy.
42. ADMITTED IN PART AND DENIED IN PART. The premises is leased out at the
present time with the damage to the carpets outlined in the Complaint. However, the
current tenants for 2007-2008 academic year signed their lease prior to the damage
outlined in the Complaint. Prospective tenants for the 2008-2009 academic year have
complained that they will not sign a lease without the carpet being replaced.
WHEREFORE, Plaintiff seeks entry of judgment in his favor in the amount of
$3,015.31 plus all costs and an award of attorney's fees in the amount of at least $1,000.00
for a total of $4,015.31 at 6% per annum against the Defendants.
Respectfully
BY:
uire
Nowell Laid Firm
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court ID 62063
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on the date set forth below a true and correct copy of the foregoing
documents was served by postage prepaid, first class United States Mail on all interested
parties or counsel of record at the addresses set forth below.
Gregory W. Swartz, II, Esquire
Mooney & Associates
230 York Street
Hanover, PA 17331
BY:
Date: November 5, 2007
•..
Verification
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.
Section 4904 relating to unsworn falsification to authorities.
R
BY:
T omas King
Date:
C?
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THOMAS KING,
PLAINTIFF
VS.
JOSH AMBROSE,
JOE BATTISTELLI, a/k/a/ JOSEPH C,
BATTISTELLI and ADAM WEIMER,
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
: NO. 07-4127
CIVIL ACTION -LAW
REPLY TO DEFENDANT WEIMER'S NEW MATTER
33. DENIED. To the extent a response is necessary, Plaintiff incorporates by reference
the factual allegations set forth in ¶1 - ¶32 of the Complaint as though fully set forth.
34. DENIED. Paragraph 34 is a conclusion of law to which no response is required. If a
response were required the Plaintiff denies that the doctrine of unclean hands is
applicable in this case. To the contrary, the Defendant engaged in the growing of
marijuana and breached the lease as set forth in ¶1 - ¶32 of the Complaint.
35. DENIED. Paragraph 35 is a conclusion of law to which no response is required. If a
response were required the Plaintiff denies that the doctrine of estoppel is applicable
in this case. To the contrary, the Defendant engaged in the growing of marijuana and
breached the lease as set forth in ¶1 - ¶32 of the Complaint.
36. DENIED. Paragraph 36 is a conclusion of law to which no response is required. If a
response were required the Plaintiff denies that the doctrine of laches is applicable in
this case. To the contrary, the Defendant engaged in the growing of marijuana and
breached the lease as set forth in ¶1 - ¶32 of the Complaint.
37. DENIED. Paragraph 37 is a conclusion of law to which no response is required. If a
response were required the Plaintiff denies that he has failed to state of cause of
action for which relief may be granted. To the contrary, the Defendant engaged in the
growing of marijuana and breached the lease as set forth in ¶1 - ¶32 of the Complaint.
38. DENIED. Defendant were given the opportunity to inspect the leased premises and
¶11 of the Lease states that the tenants agreed "to take the premises in `as is'
condition."
39. DENIED. Defendants individually and severally damaged the property as set forth in
the Complaint including ¶11, ¶20, and ¶29.
Respectfully submitted,
BY:
~6we11 Law Firm '
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court ID 62063
Attorney for Plaintiff
CERTIFICATE OF SERVICE
40. DENIED. The leased premises was not damaged as set forth in ¶11, ¶20, and ¶29 of
the Complaint prior to the Defendants taking occupancy. The Defendants
individually and severally damaged the property as set forth in the Complaint
including ¶11, ¶20, and ¶29 after they took occupancy.
41. DENIED. The carpet was installed in 2004 and was in excellent shape following a
routine cleaning in the summer of 2005 and summer of 2006 immediately prior to the
Defendants taking occupancy.
42. ADMITTED IN PART AND DENIED IN PART. The premises is leased out at the
present time with the damage to the carpets outlined in the Complaint. However, the
current tenants for 2007-2008 academic year signed their lease prior to the damage
outlined in the Complaint. Prospective tenants for the 2008-2009 academic year have
complained that they will not sign a lease without the carpet being replaced.
WHEREFORE, Plaintiff seeks entry of judgment in his favor in the amount of
$3,015.31 plus all costs and an award of attorney's fees in the amount of at least $1,000.00
for a total of $4,015.31 at 6% per annum against the Defendants.
I hereby certify that on the date set forth below a true and correct copy of the foregoing
documents was served by postage prepaid, first class United States Mail on all interested
parties or counsel of record at the addresses set forth below.
Gregory W. Swartz, II, Esquire
Mooney & Associates
230 York Street
Hanover, PA 17331
Date: November 5, 2007
BY:
St n Ho el , q ire
Verification
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.
Section 4904 relating to unsworn falsification to authorities.
BY:
Thomas King
Date:
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THOMAS KING,
PLAINTIFF
VS.
IN T E COURT OF COMMON PLEAS
CU BERLAND COUNTY
PE SYLVANIA
NO. 7-4127
JOSH AMBROSE,
JOE BATTISTELLI, a/k/a/ JOSEPH C.
BATTISTELLI and ADAM WEIMER,
DEFENDANTS CIVI ACTION -LAW
PRAECIPE TO DISCONTINUE ITH PREJUDICE
TO THE PROTHONOTARY: Upon praecipe by P.
captioned matter as settled and discontinued with prej
Respectfully
BY:
intiff s counsel please mark the above
Tice.
--- --...._ -, ~-r--..,
w 11 Law Firm
619 ridge Street
New umberland, PA 17070
(717) 770-1277
Supr me Court ID 62063
Atto ey for Plaintiff
Date: December 16, 2008
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