Loading...
HomeMy WebLinkAbout07-5508 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT I COMMON PLEAS No. 07_ 50 5 8 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. [MST, NO. OR NAME OF D.J. Jennifer Butler and Candi Wetzel 09-1-03 NOTICE OF APPEAL ADMESS OF APPELLANT CITY STATE ZIP CODE 121 Stone Head Road YX Dillsburg PA 08/23/2007 1 Daniel & Jennifer Deitchman vs./ CLAIM NO. SIGNATURE CV YEAR I 711P7 LT YEAR 0000242-07 tler, et al. This block will be signed ONLY when this notation is required under PA. /' If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 10086. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justine, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Daniel & Jennifer Deitchman , appellee(s), to file a complaint in this appeal Name of appeNee(s) (Common Pleas No. A7- -RriB ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To Daniel & Jennifer Deitchman , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this meal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: oW. Q`th , Year 02007 White - Prothonotary Copy Green - Cant File Copy Yellow - AppelarWs Copy Pink - AppeNee Copy Gold - D. J. Copy 61.0" &xa p IS Signature of P(Ithonotaty or Deputy Proth. - 76 JOMPM OF N*WAL AMC PARA TO FILE (This proof of servkcs ARS&T i M f M (10j DAPS AFTER the notice of MVW.. PtMk a*W" hones) CblYI iMJi=ACTH O t YlVAN1A CAN VF AFFDA1il1T;.:lr.orrn tf?gt tserved a copy of the Notice of Appeal. Common Pless No. won the District Justice desllpurtsd therein on (dlte of tt&VIDe) w?? it M #,- ! tr?s6 'a resefpCatleated hetalcr. wd.upss tt%k*pps1s (nsme , on . Year ? by Persdriit"fib t...t by (os) m+, ails receipt attised ttda. and kirther that Q wlom the 1 wes'nddreseed on 1 served the Rule to File a Complaint accompanying # above Notice of Appeal upon the arpellse(s) to Oby p«a«t? service (cdt"" (hosterod) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR e of I w" P d' , oftM & rd hr way nod, TMs of My ca v*Ww at year C C Z5 *- '--4'COMMONWEALTH OF PENNSYLVANIA C ni INTY nF•, CMMZRLAIRD Mag. Dist. No. 09-1-03 MDJ Name. Hon. RICBA>RD S. DOIIOZZWK Address: 98 S ZZOLA DS STE 1 ZAOLA,, PA Telephones (717 ) 728-2805 17025 RICHARD S. DOIIO?TY 98 S Zit OLA DR STZ 1 ZNOLA, PA 17025 THIS IS TO NOTIFY YOU THAT: Judgment: >rOR pLAI>NTZ" ® Judgment was entered for: (Name) DSI'!L' DA78I3L/IFIi Judgment was entered against SUTLER, JJMMFZR in a I a I Landlord/Tenant action in the amount of $ 1,870.50 on 8/23/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge. is $ 695.00. The total amount of the Security Deposit is $ 695.00 Total Amount Establishe byY MDJ Vss • Security Deposit Applied== Rent in Arrears $, 753.5 -$ .00 Physical Damages Leasehold Property $ .00-$ .00= Damages/Unjust Detention $ .00-$ -00= ? Attachment Prohibited/ 42 Pa.C.S. § 8127 Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount Judgment Costs Attorney Fees This case dismissed without prejudice. CJ Possession granted. ? Possession granted if money judgment i I_1 Possession not granted. NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF:. RESIDENTIAL LEASE NAME and ADDRESS '-DZITCH7f11]if, DJLNIZL/JZll N3[FZR 1202 IIONTTROSE CIRCLE MECHANICSBURG, PA 17050 L VS. DEFENDANT: NAME and ADDRESS rBOTLZR, Jl?t3;FZR, XT AL. 52 ZRFORD ROAD APT/STB F CAW HILL, FA 17011 L Docket No.: LT-0000242-07 Date Filed: 8/3;0/07 Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total Adjudicated Amount $ 1,753.50 $ .00 $ ---, $ 00 $ _00 $ 117_00 $ _00 $ 1,870.50 $ ? Defendants are jointly and severally liable. - -- IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FIUNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE J 8TOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 'x Date rt" l rtI a is is a true an o t copy rec prtneV r s co r. Date VAL' M? commission expires first Monday of January, 2012. . DA. PROOF OF SEOM6,E,OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WIT14N TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ; ss AFFIDAVIT: I hereby swear or affirm that I served Iff a copy of the Notice of Appeal, Common Pleas No. 07-5508 (date of servic o) September 21 ; year 2007 receipt attached hereto, and upon the appellee, (name Daniel September 21 2007 year []by personal servo . upon the District Justice designated therein on ? by personal swvi y (culled) (registered) mail, sender's and Jennifer Deitchman ,on :dn by (certified) (registered) mail, sender's receipt attached hereto. IE and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on September 21 year 2007 Ob Y Y personal service r'by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED'§EFORE ME THIS DAY-OF i.YEAR= ' //V Ir p Jord n D. Cunningham, " ,r PA Supreme Court I.D. No. 23144 wreaol elberaewnom iffidU was made 2320 North Second St. Harrisburg, PA 17110 Tftofoffibw 717) 238-6570 My commission expires on , year F. COMMONWEALTH OF PENNSYLVANIA N©Tlt OF APPEAL , COURT OF COMMON PLEAS FROM C'M=RL"D :GOO. T'1' DI TWO JUDICIAL DISTRICT COMMON PLEAS No. 07.5508 TICE APPEAL NO Or Notice given that the giant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the?Dis- trict Justice on the delta aad In the case mentioned below: NAME OF APPEt LANT, MAG:'DIST. NO. oR NAME 4F D.J, Jounifer Bu lor. And CaLdi Watsal 109-1-03 ADQRESS"OF APREUANT CITY STATE ZIP CODE 131 Stone Head Road XX Dillebu rg PA OATE OF JU NT IN THE OF MCAlMIFF7 08j23/2407 Datai,el R Je ter AR.tCh?nasi vs. tls>r of al. CLAIM NO. ACIENT CV YEAR: LT YEAR 0000242-07 Th s.biook VIII be aigtehd ONLY when this notation is required under PA:' If appepars wes.CWnant (see PA R.C.P.J.P. R.C.P.J.P. No,. 10WB. Tfft notice of Appeal, when received by the District Justice, will operate as Nb. 1001(6)) in *ailbVYhlitfl,W btnet JusWe, he . A.SUPER$EDEAS to the Judgment for possession in this case. MUt i'`FILE A COMPLAINT within twenty (20) days after lllfng has A0077CiE of APPEAL. _xx (Mi$ 09OW of form to be usOMA" fi.C.P.J.P. No 1 tlOt (7) in Iltdion before D% Jusbce: IF Obt" 0, de I*I tnxn popy of noitim of appeal to be s ; ?? ! r dory J , PRA"I E: To Prothonotary AIIiY?, Jst?tse.tar Enter rule up5ft les plaint ihis. appeal wa ne of aµljr WI00 sl (Common Pleas No. wry'" .1?2 l within twenty (20) days after service of or of judgment of non pros. - , Y _ . :•.? + ? 4 ivia of a?pwrr3Yrnt <u hle etbrr?r ar?erzt RIIJI?L:$ a 9jfl i?atli?grrrlrtt+?ttt , appellee(s) +,l?? .(J 1 r 1 .?G ;Jft009G f,?7C14 ?J`??. (1) You•are &0 entered upon you to file a complaint in this appeal in twenty(20) days attectbe atoft upon you by perstonal service or by cerli ied or regW&W mail. (2) It you do not file "a npWrst within this'time, a JUDGMr F NON PROS WILL BE ENTERED Aw ii F YO4J 0t?i PiilIR , r ) The date of eervi6e'df rule 9 service was by mail is the date of D e' ; Year White - ?,ppy Green - CoOi{tl Yel$M AMetalff"s y.... Pink - Appellee Copy Proth, - 76 Gold - D. J. Copy m r- (Domestic Provided) U1 .n c o postage $ 77 Cermled Fee ? ?N r-1 P O 0 Reb" Receipt Fee (Erbonmwwd Required) ? j Restricted DOW" Fee d t R i V' 1 ? "?? ?2? O ) equ re (ErWomemen -'r Total Postage & Fees $ I gQ m -a Serd o ? C3 ----- ---- - - - - - ..}}-- -------------- ., ' ? r- or PO BGC 1 . .. . _. ....-------- ..p Lr) ..D 0 ..G D' 0 (Owl C3 (E?%= Reaftlated doreem nt equip ?aa C3 (En =I- Total Postage & Fees $ M 0170 .,. _i.hrrn. .. ....................... t Cl* F ri C` ry v t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Daniel Deitchman and Jennifer C. Deitchman Civil No. 07-5508 vs. Jennifer Butler and CIVIL ACTION - LAW Candi Wetzel ARBITRATION DEMANDED NOTICE You have been sued in court. If you wish to defend 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 an 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 or relief requested in the Complaint. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY ALSO BE ABLE TO PROVIDE YOU WITH THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 or 1-800-990-9108 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Daniel Deitchman and Jennifer C. Deitchman Civil No. 07-5508 vs. Jennifer Butler and CIVIL ACTION - LAW Candi Wetzel ARBITRATION DEMANDED COMPLAINT Plaintiffs, Daniel and Jennifer C. Deitchman, own residential rental property located at 52 Erford Road, East Pennsboro Township, Cumberland County, Pennsylvania. 52 Erford Road consists of eight townhome-style apartments, lettered A - H. 2. Defendants, Jennifer Butler and Candi Wetzel, previously rented 52 Erford Road, Apartment F, (the "Premises"), from Plaintiffs under a Lease, a true and correct copy of which is attached hereto and incorporated herewith as Exhibit "A." 3. Pursuant to the Lease, Defendants were obligated to comply with the terms and conditions contained in the Lease between the parties. COUNT I - BREACH OF LEASE (FAILURE TO PAY RENT) 4. The above averments 1 - 3 are incorporated as if fully set forth herein. 5. Defendants' monthly rental rate pursuant to the Lease was $695.00. a. In addition, pursuant to Section 6 of said Lease, Defendants agreed to reimburse Plaintiffs an amount equal to $36.00 per month, "at the same terms as rent...," reflecting sewer and trash service charges. 6. The Lease provided that if said lease rate was not "received on or before the third (P) calendar day following the due date, a late charge of 5% of the full monthly rent payment will be immediately due, plus an additional $5.00 per day thereafter beginning on the 5u' of the month until the rent, with all late charges, is received as fully paid to date." 7. The Lease further provides that: "If Tenant's check is returned for insufficient funds or otherwise fails to clear the bank, Tenant may be charged $20.00 plus any accrued late charges as described above until payment has been fully made." 8. In July, 2007, Defendants tendered check number 346 to Plaintiffs in the amount of $731.00. 9. Defendants' check was not honored for insufficient funds, and Plaintiffs' bank charged Plaintiffs a service charge of $7.00 for the return check fee. 10. Plaintiffs contacted Defendants and attempted to make arrangements for payment of July's rent and late charges in cash or verified funds. 11. Plaintiffs also provided Defendants with a Notice to Pay Rent or Quit Occupancy indicating an amount owing of $837.55, as of July 14, 2007. a) Section 25 (a) of the Lease provides that Plaintiffs may be entitled to a $15.00 notice fee from Defendants. 12. Defendants subsequently tendered $250.00 to Plaintiffs. 13. Defendants did not pay August, 2007 rent, nor make any other payments to Plaintiffs after tendering the $250.00 payment toward July's partial rent. 14. Plaintiffs filed an action with Magisterial District Court 09-1-03 for damages and possession of the premises, thereby incurring $117.00 in court costs. 15. Defendants notified Plaintiff, Daniel Deitchman, that they would move out of the Premises by August 31, 2007. 16. Defendants did have a moving van on the Premises and were removing their belongings from the Premises on August 31, 2007. 17. The expiration date of Defendants' Lease was August 31, 2007. 18. Defendants, however, continued moving items from the Premises, with the moving van, through September 1, 2007. 19. Defendants did not pay rent or any portion of rent for September, 2007. 20. Defendants delivered Plaintiff, Daniel Deitchman, the keys to the Premises on or about 5:30 p.m. on September 1, 2007 and left a written note including a forwarding address in the Premises that same day. COUNT II - DAMAGES EXCEEDING SECURITY DEPOSIT 21. The above averments 1-19 are incorporated as if fully set forth herein. 22. Defendants caused damages to the Premises in excess of the security deposit of $695.00. 23. Damages included, but are not limited to: a broken kitchen drawer; water damage between the kitchen window, wall and sink; 20+ nail holes, scuffed and stained walls; the stove and refrigerator were not cleaned; the kitchen counter was pulled away from the cabinets; trash and left-over items remaining in the Premises and on the back patio were removed by 4 persons over the period of 1.5 hours; all of the light bulbs and the smoke detector battery had been removed and needed to be replaced; patio door vertical blinds were broken; two other mini-blinds needed to be replaced due to damaged slats; tub and shower had to be scrubbed and re-caulked and bathroom sink repaired due to failure to maintain adequate housekeeping and/or notify Plaintiffs that routine maintenance needed to be performed; chalk and/or crayon graffiti was left on the rear brick of the Premises; the wood floors in the living and dining areas were scuffed and beyond normal wear and tear and had to be re-finished. 24. Plaintiffs notified Defendants within the statutory period that the security deposit would not be returned to Defendants due to the above damages, or alternatively, on account of the Magisterial District judgment. 25. Material receipts, Plaintiffs' cleaning time and independent contractor expenses to repair the Premises totaled $1,012.20. WHEREFORE, the averments of the above paragraphs 1 - 25 are incorporated as if fully set forth herein and Plaintiffs respectfully request Judgment in their favor and request relief as follows: 26. Past-due rent and sewer/trash reimbursements in the net amount $1943.00, reflecting July, August and September, with a credit of $250.00 applied; and 27. Late charges for July and August totaling $329.50; and 28. Bounced check charges and notice posting fees totaling $35.00; and 29. Damages to the Premises exceeding the security deposit by the amount of $317.12; and 30. Costs of this action, including but not limited to: district justice-related fees of $117.00; third- party attorney fees and court costs incurred and to-be incurred by Plaintiffs; 31. The above-enumerated items in paragraphs 25 - 29 total: $2,741.62; and 32. Plaintiff pray for the award of interest and such other relief as the Court or panel of arbitrators may deem fair and equitable under the circumstances. Respectfully submitted, By: 4ewfifer C. IritchmanEsquire 1202 Montrose Circle Mechanicsburg, PA 17050 Ph.: (717) 979-7435 Fax: (717) 303-0339 PA Atty. ID 72779 Date: October 17, 2007 VERIFICATION I, Daniel Deitchman, hereby affirm that the foregoing averments of fact in the within pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 PA. C.S.A. Sec. 4904 relating to unsworn falsification to authorities. BY Date: Q I I /? -1 `14 By and between: "Owner and/or Property Manager," Daniel and/or Jennifer Deitchman AND "Tenant(s)," / 1. cel -? / . ? 1??(\ ? ?e.r ?) Ls.*Aep 1. Rental Premises and Initial Term of Lease a) The premises are located at: 52 Erford Road Apartment F. Camp Hill PA 17011 b) This lease is for an initial term, beginning Ay ust 1, 2006 and ending J , 2007, unless sooner terminated as provided below. ??? 3 Z 2. Rent Payments a) The rent for premises shall be S tDR S_.00 per month. Monthly rent p yments are due to be received on the first (1" 1 day of each month during the term of this lease and any extensions thereto, by tendering payment to the office of Daniel Deitchman 1202 Montrose Circle, Mechanicsburg, PA 17050, or any other name or address Property Manager may substitute by providing written notice to Tenant. i) If the first day of the month falls on a Sunday or a federal holiday, rent shall be due on the first business day following the I" of the month. ii) If rent is not received on or before the third (3rd) calendar day following the due date, a late charge of 5% of the full monthly rent payment will be immediately due, plus an additional $5.00 per day for each day thereafter beginning on the 5t' of the month until the rent, with all late charges, is received as fully paid to date. iii) If Tenant's check is returned for insufficient funds or otherwise fails to clear the bank, Tenant may be charged $20.00 plus any accrued late charges as described above until payment has been fully made. Property Manager may then require that Tenant's future rent payments be made by certified check, cash, or money order. 3. Terms of renewal. At the expiration of the lease term, this lease shall be automatically extended for another one year term; the amount of rent may be adjusted by the Property Manager upon 30 days' written notice to the Tenant, and all other terms of this lease shall remain the same, provided neither Tenant nor Property Manager provide the other with thirty (30) days written notice of intention to terminate or refuse to renew the lease, and provided Tenant is not in default in performance of the terms and conditions of this lease. 4. Termination other than at end of term. Events which may cause termination of this lease, other than expiration of its duration are: a) Terminable on breach. The lease may be terminated by Property Manager in the event of the breach of any of the agreements of lessee contained herein, including failure to pay rent within three (3) days of the due date, in which case Tenant's right to occupy the premises shall immediately terminate. TENANT HEREBY WAIVES THE RIGHT TO FIFTEEN (15) DAYS NOTICE PROVIDED BY 68 Pa.C.S. § 250.501(b) AND AGREES THAT FIVE (5) DAYS NOTICE OF TERMINATION FOR BREACH OF LEASE SHALL BE SUFFICIENT. b) Terminable by thirty (30) days notice & payment of break-lease fee by Tenant. Tenant may cancel before the expiration of the lease by giving written notice of such cancellation at least thirty (30) days in advance of the date of cancellation and said written notice must be accompanied by the DeMent of a cancellation fee equal to one month's current rent plus the payment of the rent due for the last month of occupancy. Page 1 of 6 Tenant's Initials: R 5. Security Deposit. Property Manager hereby acknowledges receipt of a security deposit in the amount of $ ID 2 S .00 as security for payment of rent and faithful performance by Tenant of all terms, conditions and agreements of 16ase, as well as to indemnify Property Manager for any costs or expense to which Property Manager may incur by reason of any default by Tenant or damage to the premises. If payment 'of security deposit is made by check, it must clear into the Property Manager's bank account prior to the commencement of lease or delivery of keys to Tenant. a) If Property Manager holds the security deposit for more than two years under the terms of this lease and any extensions hereof, Property Manager agrees to credit interest to Tenant on the security deposit at the average rate of interest paid by the banking institution in which the funds have been held minus any lawful administrative fee then in effect, beginning after the second anniversary of the deposit of the escrow funds with Property Manager. b) Property Manager agrees to repay Tenant the security deposit amount plus any credited interest, less any documented damage to the premises or its contents or unusual charges incurred as a result of Tenant's occupancy of the premises, or unpaid rent or fees, within thirty (30) days of the expiration of the tenancy, provided that all of the terms, conditions and agreements of the lease (including notice provisions) shall have then been fully complied with by Tenant and that Tenant has provided Property Manager with written notice of their new or forwarding address prior to their vacating the apartment. In addition Tenant is required to have any and all carpeting in the premises professionally shampooed upon move-out; Property Manager may withhold the reasonable cost of professional carpet cleaning from the security deposit upon move-out. e) If, during the course of Tenant's occupancy of the premises, the security deposit is caused to be reduced due to damages or unusual charges associated with major repairs to the premises, then Property Manager shall have the right to demand replenishment of the security funds expended. Replenishment is due and payable with the next month's rent and in any event no later than thirty days after written request for replenishment of security deposit. Failure on Tenant's part to replenish the security deposit in accordance with these terms shall be deemed a breach of this lease. d) No portion of the security deposit will be released to any Tenant unless and until all Tenants to this lease have vacated the premises. 6. Utilities and public services. Tenant agrees to pay all utility and service charges related to the premises beginning with the commencement of the lease except those which the Property Manager shall pay as indicated (Property Manager-supplied items indicated by an "O" below): T electricity T heat T water T cable TV T sewer ($18/month) T telephone T trash ($18/month) A) Sewer and trash fees are to be paid directly to Property Manager at the same terms as rent under this lease. B) Tenant to pay for annual cleaning and maintenance of the oil furnace. A receipt showing the service was performed is to be provided to the Property Manager. This service is to be provided by fuel oil supplier. 7. Appliances and Laundry facilities. Kitchen appliances, laundry equipment, etc., are for the convenience of the Tenant and Tenant accepts them in as-in condition upon commencement of the lease. Tenant runs the risk of any malfunction or break-down of the appliances supplied with the apartment. If a malfunction or break-down occurs, Property Manager will remove the malfunctioning unit from the apartment, but it is Tenant's responsibility to replace the appliance for Tenant's own use, which replacement appliance will remain Tenant's property upon expiration of the lease. Page 2 of 6 Tenant's Initials: _ d i3 8. Parking. If there is on-site private parking, each Tenant named on this lease shall be allowed one (1) parking space and is responsible for keeping the ground around the vehicle and between the building and the vehicle clear of ice and snow in the winter. On street parking applies. a) Tenants may not have any unregistered or inoperable or disassembled vehicles parked on or near the premises. b) Tenants may not allow oil or other fluids associated with vehicle use, other than water, to leak onto the parking areas. 9. Use of premises. Tenant agrees to use and occupy the premises for residential (or storage) purposes only and to not use premises for any unlawful purpose or purpose deemed extra hazardous or that shall cause a nuisance to the neighbors. Tenant shall not create any environmental hazards on the premises nor any other conditions which shall cause Property Manager's insurance rates to be increased. Basements are not to be used as living or sleeping quarters. 10. Assignment or subleasing by Tenant prohibited. Tenant may not assign this lease nor sublet the premises or any portion thereof, nor take on any roommates or additional Tenants not named on this lease without prior written consent of Property Manager. 11. Occupancy. The premises shall not be occupied by anyone who is not named on this lease. If Tenant takes on additional roommates with Property Manager's consent, Tenant's rent will automatically be increased by $40.00 per month per person and landlord may require the additional roommate to sign on as a co- Tenant to this lease or any renewal thereof. 12. Compliance with laws and rules. Tenant agrees to observe and comply with all rules, regulations and laws now in effect or which may be enacted during the continuance of this lease by any municipal, county, state or federal authorities having jurisdiction over the premises, and to indemnify Property Manager for any damage caused by violation thereof. In addition, Tenant agrees to: a) keep noise to a minimum so as not to disturb neighbors. b) not clutter the yard, porches, sidewalks, vestibules, stairways or other common areas with debris, household items, boxes or unsightly objects. c) use the common sidewalks, porches, vestibules, stairways, entrances, laundry facilities and halls for ingress and egress only to and from the premises and not to loiter nor smoke in these areas. d) Deposit trash and recyclable materials in the receptacles provided and maintain the premises in a good and sanitary condition. e) Not harass the neighbors or Property Manager. Non-emergency telephone calls to Property Manager between the hours of 9:00 p.m. and 8:00 a.m. shall be deemed harassing. f) Not to use any heaters, fixtures, or appliances drawing excessive current alone or in combination with other electronic items on the same circuit. No kerosene heaters are allowed on the premises and space heaters must be pre-approved by Property Manager. 13. Pets. Tenant shall not be allowed to maintain any cats, dogs or reptiles on the premises. If Property Manager finds a pet on the premises in violation of this lease, Property Manager may institute eviction proceedings as provided by law or charge an immediately due and payable $25.00 per month pet premium per animal as additional rent under this lease until the pet has been removed from the premises. (Fish in tanks of 10 gallons or less and small mammals such as gerbils or hamsters are allowed; no birds and no reptiles are allowed). 14. Condition of premises. Tenant has examined and knows condition of premises, and has received same in good order and repair, except as otherwise specified in this lease, and no representations as to condition or repair thereof have been made by Property Manager or Property Manager's agent, prior to, or at execution of, this Page 3 of 6 Tenant's Initials:- I3 lease. Tenant agrees to keep the premises in as good repair as they found it at the beginning of the lease, except for reasonable wear and tear arising from the use of the premises over time. a) Minor Repairs. Minor repairs (such as blocked toilets or pipes) and replacements of wear items (light bulbs, faucet washers etc.) are the responsibility of the Tenant. The Property Manager will provide Tenant with contact information in case of major repairs or emergencies. b) Plumbing. No grease, coffee grounds, sanitary napkins, or smoking materials shall be placed in drains or toilets. Plumbing repairs necessitated by Tenant carelessness or neglect shall be at the expense of the resident. C) Smoke detectors. Tenant is responsible for providing smoke detectors, for keeping them operational and changing the battery when needed. Property Manager may inspect the premises for functioning smoke detectors, but is not obligated to do so. 15. Alterations and Improvements. Tenant shall make no alterations to the property without the written consent of the Property Manager. All fixtures erected in or attached to premises by Tenant may be removed by Tenant at the termination of this lease, provided (a) Tenant shall not then be in default in the performance of any of the agreements herein, (b) that such removal shall not permanently injure the building, and (c) that removal shall be made before the expiration of this lease or any extension thereof. All fixtures, improvements or alterations not so removed shall become the property of the Property Manager. 16. Right of entry. Tenant agrees to permit Property Manager and Property Manager's agents to enter on the premises or any part thereof, at all reasonable hours upon prior notice, for purpose of examining or showing the premises or making such repairs or alterations as may be necessary for safety or preservation thereof; also to permit Property Manager to place on premises notice of "For Sale" and "For Rent" and not interfere with such notices. Tenant waives the right to demand prior notice of entry in the event of an emergency or threat of imminent damage to person or property within or in relation to the premises. a) If Tenant does not renew the lease term, or provides Property Manager with notice that Tenant intends to vacate, Property Manager shall have the right to show the premises to prospective Tenants at reasonable weekday and weekend hours (between 9 a.m. - 8:00 p.m.) during the last thirty (30) days of the Tenant's occupancy. Property Manager will attempt to call Tenant to provide notice of such showings, but Property Manager shall be allowed to enter under these circumstances if Tenant cannot be reached by phone. 17. Lock-out. If Tenant gets locked out and calls the Property Manager to be let in the premises, the Property Manager or Property Manager's agent (other than a locksmith) shall be entitled to an immediate payment of a lockout fee of $35.00. If Tenant is locked out more than three (3) times in a twelve month period, said fee shall be $50.00 for each additional lock-out call Property Manager must respond to. Tenant likewise agrees to pay any charges associated with the services of a locksmith resulting from a lockout. a) Tenant agrees not to change the locks without Property Manager's prior written permission and Tenant is responsible for providing Property Manager with a key copy at the time the locks are changed. 18. Insurance and Waiver of Liability. Property Manager shall not be liable for any damage, loss or injury to persons or property occurring on the premises. Property Manager shall not be liable to Tenant or Tenant's guests for any damage caused to person or property, by water, rain, snow, ice, sleet, fire, storms and accidents, or by breakage, stoppage or leakage of water, gas, heating, and sewer pipes or plumbing upon, about or adjacent to premises. a) Renter's Insurance Addendum. Property Manager hereby states and Tenant hereby acknowledges that Tenant has been provided with a Renter's Insurance Addendum which shall be incorporated into this lease. b) Waterbeds. No water filled furniture is to be used on the premises without obtaining Property Manager's prior written permission, which will be withheld unless proof of suitable insurance coverage is provided. Page 4 of 6 Tenant's Initials: ? 19. Costs of enforcement. Tenant agrees to pay all reasonable costs, attorneys' fees, and expenses that shall be made and incurred by Property Manager in enforcing the agreements of this lease or for default and the actual costs of collecting money owed if Property Manager is successful in enforcing the same. Property Manager may retain Tenant's security deposit as liquidated damages, but may also seek recovery of any additional amounts owed. 20. Joint & Several Liability. This legal term applies to this lease which means that each and every Tenant may be individually responsible for the provisions contained in this lease. For example, a move-out of one Tenant during the lease term does not release him or her from the obligations herein. Likewise, one Tenant may be held responsible for the breach by another. 21. Abandonment. If Tenant shall abandon or vacate the premises, they may be relet by Property Manager for such rent and on such terms as Property Manager may see fit; and, if a sufficient sum shall not be thus realized, after paying all expenses of such reletting and collecting to satisfy the rent hereby reserved, lessee agrees to satisfy and pay all deficiency. a) Abandoned Personal Property of Tenant. By signing this Agreement, Tenant agrees that upon surrender, abandonment, or move-out, Property Manager shall not be liable or responsible for storage or disposition of Tenant's personal property. 23. Holding Over. If Tenant shall continue to reside in the premises after the expiration of the term of the lease, without paying applicable rent, it shall be deemed an unlawful tenancy and Property Manager may evict Tenant as set forth above and claim any damages allowed by law or the terms of this lease, including attorneys' fees, court costs, and costs of collection, in conjunction with said eviction. 24. Destruction of Premises. If during the term of this lease the premises shall be destroyed by fire, the elements, or any other cause, this lease shall cease and become null and void from date of such damage or destruction and Tenant shall immediately surrender premises to Property Manager and shall pay rent only to time of such surrender. If premises shall be damaged by fire or other cause so as to be capable of being repaired within a reasonable time, which damage was not caused by the actions or neglect of the Tenant, the lease shall continue in effect, and Property Manager shall repair the same and during time that repairs are being made Property Manager shall remit to Tenant a just and fair portion of rent according to nature of damage sustained and according to extent that Tenant is deprived of use of premises. 25. Notices. Notices and demands by either Property Manager or Tenant may be given by regular mail with prepaid postage addressed as such: To Property Manager at: 1202 Montrose Circle, Mechanicsburg, PA 17050. To Tenant at the address of the premises listed above ... unless either the Property Manager or Tenant designate by written notice a new address to which such notices or demands must be sent. a) If Property Manager must post and/or serve an eviction notice by mail to Tenant for breach of any of the terms of this lease or holding over beyond the end of the term without paying further rent, Property Manager shall be entitled to a $15.00 notice fee from Tenant. b) Tenant is not a military service member, unless indicated otherwise in writing on the signature page of this lease, or by written notification to the Property Manager after commencement of this lease. 26. Binding nature. All the agreements, conditions and undertakings herein contained shall extend to and be binding on the representatives, heirs, executors, administrators, successors and assigns, of each party hereto. THIS IS A LEGAL DOCUMENT. 27. Performance not waived. Failure of Property Manager to insist on the strict performance of the terms, agreements and conditions contained herein, or any of them, shall not constitute or be construed as a waiver or i Page 5 of 6 Tenant's initials: v? relinquishment of Property Manager's right to enforce any such term, agreement or condition at another time or under different circumstances and these terms shall continue in full force and effect. 28. Grammatical changes implied. Wherever the words "Property Manager" and "Tenant" are used herein they shall be read as "Property Managers" and "Tenants" in all cases where there is more than one Property Manager or Tenant and with necessary grammatical changes as if duly made herein. 29. Savings clause. If any provision(s) in this lease is deemed unlawful or unenforceable, said determination shall have no effect on the remaining provisions, which shall remain in full force and effect. 30. Recording. This lease may not be recorded in any public records. 31. Subordination. Tenant's interest in the premises shall be subordinate to any mortgages or encumbrances now or later placed on the premises, to any advances made under such encumbrances, and to any extensions or renewals of them. Tenant agrees to sign any documents required by Property Manager's lenders indicating this subordination. 32. Lead Disclosure. * Property Manager hereby states and TENANT HEREBY ACKNOWLEDGES that Tenant has been provided with a filled-in form entitled "Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards" and a copy of the EPA brochure "Protect Your Family from Lead in your Home" which are incorporated herein by reference. IN WITNESS WHEREOF, the parties have signed in agreement this '?? day of AV (f U 5 ,T- , 2006. Property Manager: Tenant: Tenant: _ * Tenant's initials on each preceding page of this Lease indicate that Tenant has read each page; has had an opportunity to ask questions, and is in agreement with the terms. Attachments: Lead Disclosure Form; Renter's Insurance Addendum Tenant has received and read the Lead Disclosure statement documentation. Page 6 of 6 Tenant's Initials: Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards .Lead Warning Statement Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1.978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Lessor's Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below): W Known lead-based paint and/or lead based paint hazards are present in the housing (explain). Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the lessor (check (i) or (ii) below): (i) Lessor has provided the lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list domments below). (ii) V/ Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Lessee's Acknowledgment (initial) k (c) 4 j j Lessee has received copies of all infonnation listed above. (d) Lessee has received the pamphlet Protect Your Family from Lead in Your Home. Agent's Acknowledgment (initial) (e) Agent has informed the lessor of the lessor's obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. 2 ? or ate Le sor Date tij&" flMd X h Lessee Dat s ate Agent Date Agent ate C? -n _ ? .-? ? ? cJ :?-?, ? t t ,.„„ ? -? ?t ?:.: ? ' : } .- ?'.. _ _ ...,,? ? ? ? ?. JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE (717) 238-4809 EMAIL: JCUNNINGHAMACCLAWPC.COM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL DEITCEMIAN and JENNIFER C. DEITCHMAN, CIVIL NO. 07-5508 Plaintiffs V. JENNIFER BUTLER and CANDI WETZEL, Defendants CIVIL ACTION - LAW ARBITRATION DEMANDED 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 Counterclaim 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 Counterclaim or for any other claim or relief requested by the Defendants/Counterclaim Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA (717)249_ .3,166Z Dated: November 11, 2007 ofrda4*0. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorneys for Defendants/Counterclaim Plaintiffs Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: jcunninPham2cclawpc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL DEITCHMAN and JENNIFER C. DEITCHMAN, Plaintiffs V. CIVIL NO. 07-5508 CIVIL ACTION - LAW ARBITRATION DEMANDED JENNIFER BUTLER and CANDI WETZEL, Defendants ANSWER WITH NEW MATTER AND COUNTERCLAIM 1. The averments of Paragraph 1 are admitted. 2. The averments of Paragraph 2 are admitted. 3. The averments of Paragraph 3 represent a conclusion of law or fact to which a response is not required. COUNT I - BREACH OF LEASE (FAILURE TO PAY RENT) 4. The averments of Paragraphs 1 through 3 of the Answer are incorporated herein as if more fully set forth herein. 5. The averments of Paragraph 5 are admitted. 6. The averments of Paragraph 6 are partially admitted and partially denied. It is admitted that the Lease provides that if rent is not received by the third calendar day following the due date (the first day of the month) that a late charge of five percent (5%) of the rent due plus an additional $5.00 per day beginning on the fifth day of the month will be accessed until the rent is payed. By way of further pleading, it is denied that these charges are recoverable as a matter of law as they represent a penalty which the law does not favor nor allow collection upon as is more fully set forth in New Matter. 7. The averments of Paragraph 7 are partially admitted and partially denied. It is admitted that the Lease provides for a $20.00 service charge for checks returned for insufficient funds. To the contrary, however, it is denied that late charges can be collected as set forth in the Lease as they represent penalties or a forfeiture which the law does not allow collection upon as is more fully set forth in New Matter. 8. The averments of Paragraph 8 are admitted. 9. The averments of Paragraph 9 are partially admitted and partially denied. It is admitted that the Defendants' check was returned by the Defendants' bank. To the contrary, however, Defendants are without knowledge or information sufficient to form a belief as to the service charge incurred by the Plaintiffs and strict proof thereof, if relevant, is demanded at the time of trial. 10. The averments of Paragraph 10 are denied. To the contrary, Defendants contacted Plaintiff, Daniel Deitchman, as soon as they realized their bank had returned the check. 2 11. The averments of Paragraph 11 are partially admitted and partially denied. It is admitted that a Notice to Pay Rent or Quit Occupancy was forwarded by the Plaintiffs to the Defendants. To the contrary, however, it is denied that the amount claimed as due and owing was collectable as a matter of law as the late fees and service charges represent penalties and/or forfeitures which the law will not allow collection upon as is more fully set forth in New Matter. 12. The averment of Paragraph 12 is admitted. 13. The averments of Paragraph 13 are partially admitted and partially denied. It is admitted that the Defendants failed to pay August 2007 rent. By way of further pleading, to the contrary, such rent was not due as the Plaintiffs had breached their obligation of an implied warranty of fitness as concerns the demised premises as is more fully set forth in New Matter. 14. The averment of Paragraph 14 represents a conclusion of law or fact to which a response is not required. 15. The averments of Paragraph 15 are admitted. 16. The averments of Paragraph 16 are admitted. 17. The averments of Paragraph 17 represent conclusions of law or fact to which a response is not required. 18. The averments of Paragraph 18 are partially admitted and partially denied. It is admitted Defendants still had a number of items left in the demised premises on September 1, 2007. To the contrary, however, Defendants contacted Plaintiff, Daniel Deitchman, early in the morning of September 1, 2007 to advise him that they were still moving items from the demised premises and would be completing the move and the cleaning of the demised premises by the evening of September 1, 2007. By way of further pleading, Plaintiff, Daniel Deitchman, advised 3 Defendants that would be satisfactory. In the early afternoon, Plaintiff, Jennifer C Deitchman, arrived at the demised premises and advised the Defendants they had one (1) hour to complete the move after which she would be bringing a crew to complete the cleaning and dispose of all of the Defendants' property left in the demised premises. 19. The averments of Paragraph 19 are partially admitted and partially denied. It is admitted that Defendants did not pay rent for any portion of the month of September 2007. By way of further pleading, to the contrary, rent was not due for the entire month of September due to the Plaintiffs' breach of the implied warrant of habitability. 20. The averments of Paragraph 20 are admitted. WHEREFORE, Defendants, Jennifer Butler and Candi Wetzel, demand judgment in favor of Defendants and against the Plaintiffs together with costs. COUNT II - DAMAGES EXCEEDING SECURITY DEPOSIT 21. The averments of Paragraphs 1 through 20 of the Answer are incorporated here in as if more fully set forth herein. 22. The averments of Paragraph 22 represent a conclusion of law or fact to which a response is not required. 23. The averments of Paragraph 23 represent conclusions of fact to which a response is not required. If it is later judicial determined that a response should have been filed, each and every averment of damage is denied as such damage was not beyond normal wear and tear that one would expect to be incurred in a rental property over the course of a year's tenancy. By way of further pleading, contrary to Defendant, Daniel Deitchman's understanding with the 4 Defendants that would have allowed Defendants time to clean the demised premises, Defendant, Jennifer C. Deitchman, as set forth in Paragraph 18 of the Answer, negated the terms of this agreement thus it is inequitable to charge Defendants for work and services they were otherwise going to perform. 24. The averments of Paragraph 24 represent a conclusion of fact or law to which a response is not required. 25. The averments of Paragraph 25 are denied. Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof, if relevant, is demanded at the time of trial. WHEREFORE, Defendants demand judgment is favor of Defendants and against the Plaintiff together with costs. NEW MATTER 26. The averments of Paragraphs 1 through 25 of the Answer are hereby incorporated herein as if more fully set forth herein. 27. Plaintiffs' Complaint fails to state a cause of action for late fees of five percent (5%) of the rent due, notice to quit fees, and $5.00 per diem late fees as such fees are, in reality, penalties and/or forfeitures which are not enforceable at law and thus the Complaint fails to state a cause of action upon which relief can be granted. 5 28. Plaintiffs' Complaint fails to state a cause of action for late fees of five percent (5%) of the rent due, notice to quit fees, and $5.00 per diem late fees as such fees represent interest which is usurious in nature and not collectable at law and thus the Complaint fails to state a cause of action upon which relief can be granted. 29. Defendants, within the first few days after execution of the Lease, discovered leaks in water pipes and mold in various locations throughout the demised premises. Defendants gave notice of leaks in the water pipes and of the presence of mold to Plaintiffs. 30. The presence of the water leaks and resulting mold affected the Defendants' health throughout their tenancy. 31. Plaintiffs failed to address and remediate the water leaks and mold in an adequate manner during the Defendants' tenancy in order to eliminate its presence. 32. As the result of the presence of the water leaks and mold, the implied warranty of habitability was breached thus Plaintiffs are not entitled to any damages on Counts I or II as it fails to state a cause of action. COUNTERCLAIM 33. The averments of Paragraphs 1 through 25 of the Answer and Paragraphs 26 through 32 of Defendants' New Matter are incorporated herein as if more fully set forth herein. 34. As a result of water leaks from the kitchen ceiling, Defendants were required to terminate hot water service to the bathroom above the kitchen and thus resulted in a breach of the implied warranty of habitability. 6 35. As the result of the presence of mold in the demised premises and thus the breach of the implied warranty of habitability, the fair rental value of the property was diminished throughout the Defendants' tenancy or, in the alternative, the presence of the mold reduced the habitability of the demised premises to the point that no rent was no longer due and owing. WHEREFORE, Defendants demand judgment in favor of the Defendants and against the Plaintiffs in an amount equal to the diminished value of the demised premises as the result of the Plaintiffs' breach of the implied warranty of habitability. Dated: fix,-7 6-7 By: Respectfully submitted, CUNNINGHAM & !?*FRNICOFF, P.C. )6rdQ n DACunningham, Esquire PA Supreme Court I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 Telephone: 717-238-6570 Attorneys for Defendants F.•1HomeUHEWI7TIDOCSI4-CIBUTLER, JENNIFERIANSWER W NEW MATTER.wpd 7 VERIFICATION The undersigned, verifies that the statements contained in the foregoing are true and comxt to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. "?J- Candi Wetzel Dated: Z Lol () _?- VERIFICATION The undersigned, verifies that the statements contained in the foregoing are true and correct to the best of my lmowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. nnifer B er Dated: //- 26 - 0 7 CERTIFICATE OF SERVICE I do hereby state that on the day of November, 2007, I served a true and correct copy of the foregoing in the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Jennifer C. Deitchman, Esquire 1202 Montrose Circle Mechanicsburg, PA 17050 Angela L. Hewitt, Legal Assistant C) C:_ i 0 't t -TI ril W (JI ^G IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Daniel Deitchman and Jennifer C. Deitchman Civil No. 07-5508 vs. Jennifer Butler and CIVIL ACTION - LAW Candi Wetzel ARBITRATION DEMANDED ANSWER TO NEW MATTER AND COUNTERCLAIM Plaintiffs respond as follows to Defendants' responsive pleadings: 26. No answer required. 27. The averments of paragraph 27 represent a conclusion of fact or law to which no response if required. If it is later judicially determined that a response should have been filed, said averment is denied. 28. The averments of paragraph 27 represent a conclusion of fact or law to which no response if required. If it is later judicially determined that a response should have been filed, said averment is denied. 29. Denied. Proof demanded. 30. Denied. Proof demanded. 31. Denied. Proof demanded. By way of further pleadings, Plaintiffs deny notice of alleged water leaks or mold prior to Defendants' termination of tenancy. 32. The averments of paragraph 27 represent a conclusion of fact or law to which no response if required. If it is later judicially determined that a response should have been filed, said averment is denied and proof is demanded. 33. No answer is required. To the extent a reply is later judicially determined to be required, the responses to paragraphs 26 - 32 above are incorporated herein. 34. The averments of paragraph 34 represent a conclusion of fact or law to which no response if required. To the extent a reply is later judicially determined to be required, the averment is denied and proof is demanded. 35. The averments of paragraph 35 represent a conclusion of fact or law to which no response if required. To the extent a reply is later judicially determined to be required, the averment fails to state a claim upon which relief may be granted. The averment is further denied and proof is demanded. Respectfully submitted, B Jennifer C. Deitchman, Esquire 1202 Montrose Circle Mechanicsburg, PA 17050 Phone: (717) 303-0339 Dated: December 14, 2007 VERIFICATION I, Daniel Deitchman, hereby affirm that the foregoing averments of fact in the within pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 PA. C.S.A. Sec. 4904 relating to unsworn falsification to authorities. Date: By: CERTIFICATE OF SERVICE I do hereby state that on the 14`h day of December, 2007, I served a true and correct copy of the foregoing in the above-captioned matter, by placing the same in the United States mail, first class, postage-prepaid, addressed to: Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 N. Second Street Harrisburg, PA 17110 Jennifer C. Deitchman, Esq. r? Z ? ? ? K ?"?' - ; i`": ,? _-? ;? ?-7 ? ? ? ?' tai '? .?.? tv