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HomeMy WebLinkAbout07-5529J . ALLISON E. UNDERHILL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA A. :NO. 6f7- 55acI Civi won DEBRA L. COLLINS AND RICHARD C. GILBERT, : CIVIL ACTION - LAW Defendants NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlise, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. MidPenn Legal Services, Inc. 213A North Front Street Harrisburg, PA 17101 1-800-932-0356 Lawyers Referral Services 100 South Street P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within thirty (30) days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the thirty (30) day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the thirty (30) day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing with the thirty (30) day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any iWrr*4on obtained will be that purpose. SC G &SC G By: • F C. Sluzis, airs 0 43829 'gcaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Fax: (717) 657-7797 Email: ALLISON E. UNDERHILL, : IN THE COURT OF COWAON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. a 7- ?s'Sa 9 ?.. DEBRA L. COLLINS AND RICHARD C. GILBERT, : CIVIL ACTION - LAW Defendants COMPLAINT Plaintiff, Allison E. Underhill, by and through her attorneys, Scaringi & Scaringi, P.C., respectfully complains as follows: 1. Plaintiff is Allison E. Underhill, an adult individual who resides at 3821 Hearthstone Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Debra L. Collins, an adult individual who resides at 142-J 15m Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Defendant is Richard C. Gilbert, an adult individual who resides at 600 Swartz Street, Enola, Cumberland County, Pennsylvania 17025. 4. At all times relevant hereto Plaintiff is the owner of real estate (`Property") situate at 1751 Weatherburn Drive, New Cumberland, Cumberland County, Pennsylvania 17070. 5. The Property consisted of, inter alia, a residential town house. 6. On or about May 2, 2006, Plaintiff entered into a Management Agreement with Crossroads Property Management, Inc. to act as her agent for the rental of the Property. (A true and correct copy of the Management Agreement is marked as Exhibit A, attached hereto and incorporated herein.) 7. On or about July 7, 2006, Plaintiff, through her agent, entered into a Residential Lease Agreement with Defendants for the rental of the Property. (A true and correct copy of the Residential Lease Agreement is marked as Exhibit B, attached hereto and incorporated herein 8. Pursuant to the terms of the Residential Lease Agreement Defendants were obligated to, inter alia, pay monthly installments of rent over the term of the lease in the amount of $895.00, pay sewer and trash removal charges, and pay for repairs for all Tenant caused damages beyond normal wear and tear to the leased premises. 9. Defendants are in default under the terms of the Residential Lease Agreement for, inter alia, failure to pay the monthly installments of rent, failure to pay sewer and trash removal charges, and failure to pay for repairs for all Tenant caused damages beyond normal wear and tear to the leased premises. 10. Despite repeated demands by Plaintiff, Defendants have failed to pay the monthly installments of rent, failed to pay sewer and trash removal charges, and failed to pay for repairs for all Tenant caused damages beyond normal wear and tear to the leased premises. 11. Pursuant to Paragraph 16.D.i. of the Residential Lease Agreement, Plaintiff is entitled, inter alia, from Defendants all rents remaining for the remainder of the lease term and all legal costs. 12. The rents remaining due Plaintiff from Defendants for the remainder of the lease is $21,321.20. 13. In addition, Defendants have caused damages beyond normal wear and tear to the Property in the amount of $9,451.06. (A true and correct copy of the estimate and full and complete description of the damages is marked as Exhibit C, attached hereto and incorporated herein. 14. Pursuant to the terms of the Residential Lease Agreement Defendants are liable to Plaintiff for the damages to the Property in the amount of $9,451,06. WHEREFORE, Plaintiff demands judgment against Defendants for the amount of $30,772.26 plus interest and attorneys fees and costs. By: Fraft C. Sluzis, Esquire 43829 Scaringi & Scaringi, R.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Fax: (717) 657-7797 Email: I verify that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: Management AgreWnent This agreement, made on the tad day of :ice. by and between Crossroads Property Management, inc. (hereinafter called "'Agent") and ]ohn & Allie Underhill (hereinafter called "O nnerw). This agreement is in affect for the term of One year, and unless terminated by either party, with thirty (34) dogs written notice, shall Continue on a month-to-month basis after the initial fa year. Any changes to the agreement mast be in writing. Properties covered under this agreement: 17SI Wyather urn Drive, New Cumberland, Pa Duties of Agent will be (as checlCed): • Agent will advertise at the Owner's expense. • Agent will newts teases on behalf of Owner and will write leases in Agent's name. « Agent VAN change and colliect monthly neErts and any other amble charges. • _ Agent will charge Sk-4 first trtd?Ih's_reft or_:00 vsftkhdvrar is greatar-tbr rent" a vacant unit, which Includes apPilcMtions, screening, credit Checks, preparing and administrating Ieaas, and collecting s=f1ty deposit. Agent shall have authority to execute lease on behalf of owner. If tenant does not pay a miaimwn of six (6) moms rent, the Agent will re-rent the unit without charging a second rental fee. • Agent will urge $& of grass receipts collected each month exduding the first month's rant when there is a rental fee charged. Any M fees chaW and collected will be paid to Agent If a unit(s) remain vacant for more than tree nwnths due to the direction of the Owner, Agent will charge a mialmurn emission of $25 per unit to cover expenses for oversesing the property. • Agent will pvrice Owner with twelve pmperty swernents par year. tents will be sent within Nteen (15) days of the last day or the rnonth. Agent will collect security its and hold them in an approved escrow account. Any deposits not returned to tenwits due to damages will be forwarded to owner. Upon cancellation of this agreement by either party, Agent will hoM security deposits for a period of thirty (30) days b+etbm advandrig them to Owner. Deposits will not be advanced until all outstanding bills am paid. • Agents will receive and dispatch mainterm=Vrepair work. « Agent will call owner for approval of repairs over tltl unless there Is an emergency and the owner cannot be reached. Agent reserves the right to dbmntinue managernent and to refuse rental of any unit that does not meet mk*rwm housing or fire department codes. • All locks will need to be changed to Agent's nvAer key system as units became vacant or on an "as needed basis". Owner will be charged for all expenses lnviolhred with these changes and will be given a moster key ibr entry into the units. • Agent: will pay operating expenses associated with the bulkling(s) from the Owner's account. Agent will net be responsible W pray any bills that have not bow submine d and approved before due date. Agent has the authority to refuse payrhrertt of Owner obligations If there is not sufficient capital in Owrwes operating aeaount. All Owner expenses " and Iiabilities, including utility services, will remain In Ownees name. Invoices and charges will be addressed to Ownxses name in C/O Crossroaft Property Management, inc. If a deficit occurs in the Owner's account, owner must satisfy the deficit within ten (14) days of notice. If deficit continues past ten (10) days, Owner will be changed a negative balance interest charge of 1.5% per month. • Owner will deposit with Agent at the signing of this agreement to establish a capital aCtourtt and?er existing repairs and charges. Exhibit A . Management Agreement - Page 2 Owner will obtain and keep in f6mee liability insurance with a minimum of $500,000 coverage. owner will provide Agent with an annual copy of the policy. It iS 31Sa agreed that Crossroads Property Management, Inc., including the Owners, Broker, Agents and Employees shall riot be held liable to either Owner, Pmvlaus Owner, Tenants or any rather person or company. sold to wrretrt occupying • Owner will pay 3% % commission to Agent if property is tenant. Owner acknowledges that Crossroads Property Management, xm is co-owned with Crossroads Property Services Inc. (CPS). CPS is a maintenance contracting company that is responsible for all repairs and maintenance baling to owner accounts. CPS may profit from work done by empbyen and sub contractors. CROSSROADS PROPERTY MANAGEMENT witness: Witness: Witness: Owner na ec i Street: V City, State, zip- SS#: f'`t 'i' ` f • Phone: Fax: / 746 Emergency Conte Phone Broker: Crossroads Property Management, Inc. P.O. Box 3831 York, PA 17402 717-84048886 Residential Lease Aamonnen't This Lease is a legally binding agreement between the Tenant and the Landlord, and includes certain waivers of your rights as a Tenant. Make sure that you understand this lease in its entirely before signing. If you have legal queetlons, you are advised to consult a lawyer before signing this lease. Landlord: Crossroads Property Management, lnc. - Agent for Owner Leased Premises: 1751 Weatherburn Drixe New Cumberland. PA 17070 This s_ a joint and several Lease. Ali 'tenants as a group and Individually are responsible for all agreements contained in this Lease. Lease T1 w, 2 Year Beginning Date: JuIV 21.200+6 Ending Date. July 31.2fl?}8 This least will renew automatically on a month-to-month basis after the expiration of the original term unless: R. Tenant notifies Landlord in writing thirty (30) days prior to the Ending Date OR 6. Landlord notifies Tenant in writing thirty (30) days prior to the Ending Date OR C. Ether Landlord or Tenant end the Lease after the Ending Date by giving thirty (30) days written notice on or before the next day rent is due. If the Tenant continues this Lease, all agreements in the lease will remain the same with the exception of changes in rent, renewal dates and attachments agreed to by both Landlord and Tenant. • Following the expiration of the initial term of this Lease, Landlord agrees to give Tenant thirty (30) days w ' n notice of any changes in rent or terms of the Lease. 1 ? 1. Rent The monthly rent is $895.00 and totals $21,321.20 over the initial term of the lease. Rent is payable to Crossroads Property Management. Inc., at the a ss above. Tenant is required try make payments by check or money order. Tenant agrees that rent is due without the Landlord demanding payment each month from Tenant ro-rated rent amount is $288.70 due August 1, 2006. To calculate prorate*$ 895.00 divided by 31 days equals S;8.87 multiplied by 10 days In the residence equals $288.70 due for August 1. 2006. 2. Late Fees Tenant agrees to pay a Late Charge of 10 % of unpaid balance not less then $25.00, if rent is received by the Landlord after the fifth (e) day of the month when due, if Tenant mails payment, the data of payment will be the date the envelope is postmarked. Tenant also agrees to pay a fee of $25.00 for any check returned by a bank for insufficient funds. NSF checks are to be replaced by money orders or certified checks. Late charges will continue to be applied to the Tenant's account, until Landlord receives payment in full. Exhibit B 3, Security Doposit A, Tenant agrees to pay a security deposit of $895.00 before the Lease starts and prior to taking possession of the leased premises. If a two (Z) month Security Deposit is paid, one half of the total Security deposit ll be credited to the Tenant's account at the end of the initial term of the Leese. B. Tenant agrees that the Security D osit may be used to pay for any damages to the property caused by Tenant, Tenants family or guests, in addition to any rent that may be due. Landlord may also recover additional amounts if damages to the property exceed the amount of the Securely Deposit. C. Tenant agrees to leave the entire teased premises thoroughly clean, all carpets professionally steam cleaned, and to return all keys at move-out. Failure to do so may result in additional charges against the Security Deposit and Tenant. D.,,_ The Security Deposit is not to be used as the last month's rent. r Any money remaining from the Security Deposit will be returned to the Tenant, a reLSecurity uired by law, within thirty (30) days of move-out or lease termination, whichever is and will be accompanied by a detailed list of all charges made against the Deposit Tenant is required by law to provide a forwarding address in MMg Landlord At-the, epd, of the Lease, _ 4. Use and Occupancy of Leased Premises Tenant agrees to use the leased premises as a residence only, to be occupied only by the following AwO Collins tson 1. Jessica Colons tdauohterl individuals: Debra L Collins J 5. Utilities and Service Charges: Tenant and Landlord agree to pay for utilities and services at the leased premises as follows: Unlit /Cha l e ice FAW bV- Heat< electric TTen,ar>x Hot W? Tenant Cookinta: electric Tenant oc. Tena n nt T__... Trash Removal: Tenant Lawn Cm: Leaf Removal weer nog removal Other, specify: Tenn aareas to transfer gill aw-figible utilft into Tenaffs now- o On MWInnim 1pate of the L and t-Q keep Da to ourrenL Faiiu re to do to will be cansidtrod a d0sult of this Le 0. Tenant Responsibilities: A. Tenant agrees to maintain the leased premises in a clean, safe and sanitary condn. 9. Tenant agrees to refrain from and to cause Tenant's family and guests to refrain from disturbing the rights of other Tenants to quiet and peaceful enjoyment of the property. C, Tenant agrees to dispose of all trash, garbage and waste as required by the Landlord 1 and all applicable local laws and codes, D. Tenant agrees not to store any flammable, hazardous, or toxic chemicals or substances on or around the leased premises. E. Tenant agrees not to make any changes (including lock changes), alterations or additions to the leased premises without prior written consent of the Landlord. If any I=k is changed without written consent of the Landlord, the Landlord will install a new lock on the door and a service, charge of $45.80 Will be Wiled to the tenant. 7. No Pets. 3. Repairs A. Tenant agrees to notify the Landlord immediately of any repairs needed to the leased premises. B. Landlord agrees to make every effort to respond to repair calls within twenty-four (24) hours. C, Landlord agrees to make all repairs to the leased promisees resulting from normal wear and tear without charge to the Tenant. D. Tenant agrees to pay for repairs for alt Tenant-caused damage beyond normal wear and tear to the leased premises, including damage resulting from tenant's failure to promptly notify Landlord of necessary repairs, at a rate of $35-00 per hour labor plus materials, payable in addition to rent within ten (10) days of the dame of the bill to the Tenant. E. Tenant agrees not to contract independently with anyone other than the Landlord for any repairs to the premises. In the event Tenant has work done to the premises by anyone other than the Landlord, Tenant agrees to take full responsibility for any costs incurred. 9. Landlord's Right to i=nter the Leased Premises __.._ A. Lan.diord has the right to'enter the leased preml5es at any rediaonable tin ie, With twenty-four (24) hours notice, to make repairs, inspect the premises to determine compliance with this Lease, or to show the property to prospective tenants or purchasers. a. Tenant=requested nelmirs are a waiver of the right to 24-hour notice, but will be performed during responsible hours. C. In case of emergency, Landlord may enter the leased premises without notice. Landlord will notify Tenant that entry was made. Failure by the Tenant to allow Landlord's maintenance staff or other authorized workers entry under the conditions set forth above will result in a charge to the Tenant of $35.00 for each attempt. 10. Smoke Detectors A. Landlord agrees to provide smoke detectors in the leased premises as required by law. B. Tenant agrees to maintain and test monthiv all smoke detectors, including checking and replacing smoke detector batteries where applicable, and to notify the Landlord if the smoke detectors are not working properly. Tenant will be billed for any repair calls resulting only from a defective barftry, C. Tenant agrees to be responsible for any and all resulting fines from the city or municipality and/or any damage to the property, which may result from Tenants failure to notify Landlord when smoke detectors are not working. Tenant(s) has read and agrees to the above: Anklals) 11. Rules and Regulations Tenant agrees to any and all Rules and Regulations found on Attachment A to this Lease if applicable. 12. Drug-Related CrIMCM51 Activity A. Tenant agrees not to engage in the unlawful manufacture, sale, distribution, use or possession with the intent to sell or distribute a controlled substance as defined in section 102 of the Controlled Substances Act or the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act or the unlawful attempt or conspiracy to commit such an act. S. If law enforcement officials catch any Tenant or member of the Tenants family or guests of the Tenant in possession of a controlled substance on the leased premises, the Landlord will terminate the Lease immediately. C. Should any Tenant or occupant of the leased premises be convicted of drug?related criminal activity, the Lease will be terminated immediately. 13. Insurance A. Landlord's insurance covers the building only and does not cover Tenant, Tenant's property or guests. B. Tenant is encouraged to have fire, theft and liability insurance to protect Tenant, Tenant's property and guests who are injured while on the property. G. Landlord is not liable or responsible for any injury or damage that occurs on the property and Tenant agrees to pay any loss or claim, including attorney's fees that result from such damage or injury. D. Tenant is responsible for any loss to Landlord that Tenant, Tenant's family or guests may cause. L?bbee ant agrees that if the leased premises are damaged and made uninhabitable, er party may end the Lease and the Landlord shalt have no further responsibility enant. Tenant will pay rent to the date the premises are surrendered and will not charged forany further rent 14. Subleasing and Transfer A. Tenant agrees not to transfer this Lease or to sublease (rent to another person) the leased premises without Landlord's written permission. B. Landlord may assign this Lease to another Landlord. Tenant agrees that the terms of this Lease wlil continue in effect with-the new Landlord- G. In the event that a new Landlord becomes responsible for the leased premises, tenant agrees that the relationship between Tenant and Crossroads Property Management, Inc. has been severed. 15. Comprehensive Security A. Tenant agrees that Landlord does not guarantee or promise security of any kind on the property- B. Tenant agrees that Landlord does not warrant or guarantee the safety or security of any Tenant or member of the Tenant's family or guests on the property. C. Tenant agrees that Landlord does not warrant or guarantee the effectiveness or . operability of security devices or measures on the propert Tenant has read and understands the above: -? 16. Lease ViolationsJWailver of Rights t t breaks this Lease if: Tenant fails to pay rent or other charges as stipulated elsewhere in this Lease; OR Tenant causes repeated damage to the leased premises; OR Tenant fails to maintain leased premises in a clean, safie and sanitary condition; OR Tenant fails to comply with anything agreed to in the Lease; OR Tenant abandons the property without the Landlord's written permission for a period of fifteen (15) consecutive days prior to the end of the initial Lease term or any subsequent renewal period; OR Tenant does not leave the leased premises at the end of the Lease. B. Non-Payment of Rent If Tenant breaks the Lease for non-payment of rent or other charges, Tenant warns (gives up) all rights to written notice (Notice to Quit). Tenant agrees that no written notice is required in such cases for the Landlord to file a lawsuit tID evict Tenant. C. Other Lease Violations If Tenant breaks the Lease for violations of any term of the lease other than non- payment of rent or other charges, Landlord must give Tenant five (5) days written notice of Lease termination. 0. If Tenant breaks lease for any reason landlord may- i. File a lawsuit to gain possession of the leased premises (evict) and for any rents and charges remaining unpaid at the time suit is filed and all rents remaining for the remainder of the Lease term. Tenant agrees to pay any and all legal costs, if. suit is successful ii. Keep Tenant's Security Deposit. kY . E. It evkz m proceedkW are aged, tenant wm be C" $2 LOO per step for tine evicum pmm& ;i1. r-iie Lww*d Tenant 2. AftW I Fite POSSO e M 4. Lock out. } 17. hmpsation of the Ptandm Tenant agma that Taretnt has itdpeood the -premises to be Prior t4 siprfg this bum and egism to accept Ow pretty In -AS IS- condit n. , !i _ i Desevipf" headkVs have hews Umd for coltNotie m Only, mw hs ? na meaning In dakmmkft the lot, d this Lease_ This soroono and ft attacdmstm a OMM the ' f4romm"m b st qa Landkwd mW Tint V M Mffg the MEW ptpnhw& 00 &ny P °f e? A4t wNi in *k ag?MINM m* m vood. i Date: Tlnat>t Date: T?rtant: Date: "? - 2 Ca-swof i Date: Date: t.aediot+dlAgot for i i : {I I ES I: i? i : 1 1 ' jf ADDENDUM TO :LEASE RE: PROPERTY LINSEECTIONS Per the request of the owner, Crossroads Property Management will perform an initial property inspection within the first three months of the lease term. F-andom quarterly inspections will be performed thereafter. These inspections warrant the me is maznrlee xn g ?repWT r" OM Do'f? fit c?"3i aricc and a housekeeping perspective. GIL DEBRA L. CCLLTNS , DANE Page: 1 Welbilt Construction Timothy Weldon 16 Juniata Ave Suite 2 Enola, Pa. 07025 (717) 215-6715 Bill To: Estimate Number. E104 Date: ?i0l Ship To: Alison Underhill 175 Weather Burn, New Cumberland, PA PO Number Terms Project 666 Steve Description Amount Kitchen/Dining Room New Cover Plates throughtout (9) 18.00 Electric Stove drip pan replacement 22.06 Dining room Carpet 12.88 sq yds. 522.00 Master bath Replace drop in sink with new pop up 268.00 Repair vanity counter top 42.00 Replace bathroom floor 336.00 Master bedroom Replace carpet and padding (58.33 sq yard) 1,575.00 Bedroom 1 Replace carpet and padding, install 390.00 New 6 panel bifold door 72.10 Bed room 2 (girls room) Carpet (padding install (15.81 sq yards) 639.00 Exhibit C • Welbilt Construction Timothy Weldon 16 Juniata Ave Suite 2 Enola, Pa. 07025 (717) 215-6715 Bill To: Alison Underhill 175 Weather Burn, New Cumberland, PA Page: 2 Estimate Number: E101 7 Date: 44;?? Ship To: PO Number Terms Project 666 Steve Description Amount Step carpet (81.50 sq yard) 410.40 Hallway carpet (81.50 sq yard) 328.00 Hallway Bath Install new drop sink/pop up drain 268.00 Repair counter top 42.00 Living Room Living Room Carpet (35 sq yards) 1,417.0 Replacement Windows requested Bedroom 1 ( 2' 1011 x 5' 4'') 235.00 Bedroom 2 ( 2110''x 51411) 235.00 Kitchent (2151'x3'411) 221.00 Excute all necessary labor required to prepare walls for paint. To 2,150.00 include: cleaning, sanding, removal of wallpaper boarder, skin coat walls, patch nails holes and dents etc. Apply one coat contractor grade paint to all walls, trim moldings and doors. Final Cleaning Bill To: Welbilt Construction Timothy Weldon 16 Juniata Ave Suite 2 Enola, Pa. 07025 (717) 215-6715 Alison Underhill 175 Weather Burn, New Cumberland, PA Page: 3 Estimate Number: E101 Date: Oe7 Ship To: PO Number Terms Project 666 Steve Description Deodorize/ disinfect all pet urinie damage Amount 260.00 1 Total I / $9,451.06 -(A- r r a rn ALLISON E. UNDERHILL, Plaintiff, VS. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants. TO: Allison Underhill c/o Frank C. Sluzis, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-5529 CIVIL ACTION - LAW NOTICE TO PLEAD You are hereby notified to file a written response to osed New Matter within twenty (20) days from service hereof or a judgmenjara? be ered against you. Michael S. Travis ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 Attorney for Answering Defendant Richard Gilbert ALLISON E. UNDERHILL, ) IN THE COURT OF COMMON PLEAS Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA VS. ) No. 2007-5529 DEBRA L. COLLINS AND ) RICHARD C. GILBERT, ) CIVIL ACTION - LAW Defendants. ) ANSWER TO COMPLAINT NOW COMES, answering Defendant, Richard C. Gilbert, by and through the office of the below signed counsel, and answers the Complaint as follows: 1-5. Admitted on information and belief. 6. Denied, the Management Agreement speaks for itself. Answering Defendant has insufficient knowledge to admit or deny the averment, and is therefore denied. 7. Admitted in part, Denied in part. Admitted that answering Defendant co-signed a Residential Lease Agreement contained in Exhibit B. Denied that Defendant signed the copy attached to the Complaint as Exhibit B. 8. Denied, the Agreement speaks for itself. 9. Denied that the Defendants are in default for failure to pay installments of rent, failure to pay sewer and trash removal charges, and failure to pay for repairs beyond normal wear and tear on the leased premises. It is denied that any sums are due to be paid from the answering Defendant. 10. Admitted in part, Denied in part. Admitted that the Plaintiff has made repeated demands upon the Defendant for failure to pay installments of rent, sewer and trash removal charges, and repairs beyond normal wear and tear on the leased premises. Denied that the sums in question are due and owing to the Plaintiff. 11. Admitted that the Lease Agreement provides that Paragraph 16.D.i. provides that the Plaintiff is entitled to, inter alia, all rents remaining for the remainder of the lease and legal costs. Denied that the Defendant, Debra Collins, breached the lease. It is denied that the answering Defendant owes all rents for the remainder of the lease term. 12. Denied that the rents due are $21,321.20, it is denied that any sums are due Plaintiff from answering Defendant. 13. Denied that Debra Collins caused damages of $9,451.06 to the premises. Denied that Plaintiff is entitled to repairs attached as Exhibit C. It is further denied that the damages scheduled on Exhibit C were caused by Debra Collins. Strict proof is demanded at trial. 14. Denied that Plaintiff is entitled to the sum of $9,451.06 for damages to the property. To the extent that excess wear and tear existed on the premises, the claim of $9,451.06 is excessive. WHEREFORE, answering Defendant prays this Honorable Court to dismiss the complaint. NEW MATTER 15. Answering Defendant incorporates Paragraphs 1-14 as though set forth in length herein. Failure to Mitigate Damages 16. Defendant, Debra Collins, was repeatedly asked to move from the residence in question because the property had been sold. 17. At the demands of both the Realtor representing Plaintiff and Plaintiff, she moved from the residence at her expense. 18. Because Defendant Collins was not in breach of the Agreement the Plaintiff is not entitled to damages. 19. Plaintiff has failed to mitigate their damages, if any, pursuant to Stonehedge Square Limited Partnership v. Movie Merchants, Inc., No. 552 Pa. 412; 715 A. 2d 1082. Affirmative Defense of Fraud 20. Plaintiff's complaint seeks to recover the sum of $30,772.26, alleging breach of contract of July 7, 2006. 21. After executing the contract, Plaintiff represented to the Defendant, Debra Collins, that: a) the Plaintiff had the property listed for sale; b) a buyer for the property had been located; c) that the contract of July 7, 2006 was terminated by virtue of the pending sale; d) that the Defendant Collins should move out, which she did. 22. The property did not sell as the Plaintiff anticipated and now seeks to hold answering Defendant as the responsible party. 23. By forcing Collins to move from the residence when the property did not sell, Plaintiff fraudulently seeks to hold answering Defendant responsible for the sale which did not take place. 24. By misrepresenting that the property was sold, and that Collins should move out, Defendant Collins justifiably relied upon the representation. 25. As a proximate result of the Plaintiff's claim that the property was sold and the mis-representations of the Plaintiff that they were obligated to move out, Defendant Collins and answering Defendant did justifiably rely upon the statements and suffered damages in the amount of the remaining rent due, which serves to diminish the Plaintiff's recovery in the full amount. 26. Because Plaintiff so engaged in fraudulent mis-representations with regard to the contract, Plaintiff is precluded from unjustly enriching herself by seeking performance and/or damages under the contract, and Plaintiff's action is barred. Affirmative Defense - Estoppel 27. Plaintiff's complaint seeks to recover the sum of $30,772.26, alleging breach of contract of July 7, 2006. 28. After executing the contract, Plaintiff represented to the Defendant, Debra Collins, that: a) the Plaintiff had the property listed for sale; b) a buyer for the property had been located; c) that the contract of July 7, 2006 was terminated by virtue of the pending sale; d) that the Defendant Collins should move out, which she did. 29. The property did not sell as the Plaintiff anticipated and now seeks to hold answering Defendant as the responsible party. 30. By mis-representing that the property was sold, and that Collins should move out, Defendant Collins justifiably relied upon the representation. 31. The representations by Plaintiff and her agent estop Plaintiff from asserting a claims to the contrary, and Plaintiff's action is accordingly barred. Affirmative Defense of Res Judicata 32. Plaintiff's complaint seeks to recover the sum of $30,772.26, alleging breach of contract of July 7, 2006. 33. On July 3, 2007, Magisterial District Justice 09-1-01 issued a judgment in the amount of $6,936.00 in favor of Plaintiff, by Crossroads Property Management Company, Plaintiff's stated agent. See Exhibit A to Plaintiff's complaint. 34. Plaintiff's instant action against answering Defendant are accordingly barred by the doctrine of res judicata. Affirmative Defense of Unconscionability of Contract 35. Plaintiff's complaint seeks to recover the sum of $30,772.26, alleging breach of contract of July 7, 2006. 36. After executing the contract, Plaintiff represented to the Defendant Debra Collins, that: a) the Plaintiff had the property listed for sale; b) a buyer for the property had been located; c) that the contract of July 7, 2006 was terminated by virtue of the pending sale; d) that the Defendant Collins should move out, which she did. 37. By following the instructions of Plaintiff and moving from the leased premises, it is unconscionable that the contract should be enforced to require answering Defendant to pay accelerated rents when Plaintiff's real estate sale contract did not conclude. Fredericks v. Hemm, 45 Pa. D. &C. 2d 687 (1968). WHEREFORE, answering Defendant Richard Gilbert prays that the Complaint be dismissed, and that the Court enter such relief as is just and equitable. 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 Attorney for Answering Defendant Richard Gilbert ID No. 77399 ALLISON E. UNDERHILL, ) IN THE COURT OF COMMON PLEAS Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA VS. ) No. 2007-5529 DEBRA L. COLLINS AND ) RICHARD C. GILBERT, ) CIVIL ACTION - LAW Defendants. ) VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. /I Date Richard C. Gilbert, Answering Defendant ALLISON E. UNDERHILL, Plaintiff, VS. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-5529 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the below persons by first class U.S. Mail, postage prepaid: Frank C. Sluzis, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 DEBRA L. COLLINS 1751 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 Date: 1,0114- 101-7 . i ichae S. Travis ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 N ' ? ? :1 r ? w C}'r ti i? -3 C? ? - -r ? C"7 __a ?: „?" . ,?"' ALLISON E. UNDERHILL, Plaintiff, VS. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-5529 ) CIVIL ACTION - LAW CORRECTIVE CERTIFICATE OF SERVICE I certify that a true and correct copy of the Answer and New Matter in the above case was served on the below persons by first class U.S. Mail, postage prepaid: DEBRA L. COLLINS 1 S'hStreet Apt. 24 J NEW CUMBERLAND, PA 17070 Date: 16. 19 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 ID No. 77399 14 c= r ! t; CD ra F - m r- run N ? ?-3 ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5529 CIVIL ACTION - LAW REPLY TO NEW MATTER Plaintiff, Allison E. Underhill, by and through her attorneys, Scaringi & Scaringi, P.C., respectfully replies as follows: 15. No response required pursuant to the Pennsylvania Rules of Civil Procedure. Failure to Mitigate Damages 16. Denied. It is denied that Defendant, Debra Collins, was repeatedly asked to move from the residence in question because the property was sold. On the contrary, Collins was asked to move out because of her repeated failure to pay rent in accordance with the terms of the lease. By way of further answer the property was never sold because of the sordid and filthy conditions of the residence caused by Collins. 17. Denied. It is denied that Collins moved from the residence at the demands of both the Realtor and Plaintiff. On the contrary, despite Collins' repeated failure to pay rent in accordance with the terms of the lease, Collins continued to reside in the residence until she abandoned the residence in and around July 2007. As to the remaining averment, after reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment; therefore, said averment is denied and strict proof thereof is demanded at time of trial, if relevant. 18. Denied. It is denied that Collins was not in breach of the Agreement and that Plaintiff is not entitled to damages. On the contrary, Collins is in breach of the lease agreement due to, inter alia, her repeated failure to pay rent. By way of further answer, due to Collins' breach of the lease agreement, Plaintiff is entitled to all damages afforded her under the terms of the lease agreement and law. 19. Denied. It is denied that Plaintiff has failed to mitigate her damages. On the contrary, between April and July 2007, numerous people were shown the residence for the purpose of sale; however, no one was interested in buying the residence due to the odor, filth and sordid conditions caused by Collins. Affirmative Defense of Fraud 20. Admitted in part. It is admitted that Plaintiffs complaint seeks to recover, inter alia, the sum of $30,772.26 for the Defendants' breach of the contract of July 7, 2006. By way of further answer, Plaintiff s complaint also seeks interest, attorneys fees and costs. 21. Denied. It is denied that after executing the contract, Plaintiff represented to Collins that Plaintiff had the property listed for sale; that a buyer for the property had been located; that the contract of July 7, 2006 was terminated by virtue of the pending sale; that Collins should move out. It is further denied that Collins in fact moved out. On the contrary, in April 2007, Collins was told that eviction proceedings were going to be initiated against Defendants because of Defendants repeated failure to pay rent in accordance with the terms of the lease. At that time Collins pleaded with Plaintiff that she would pay the rent, was a single mother, and had no place to go. In reliance of Collins' representations to Plaintiff, Plaintiff did not initiate evictions proceedings against Defendants. Plaintiff further told Defendants that she was going to list the residence for sale. Despite the representations of Collins to Plaintiff, Defendants still failed to pay rent and finally abandoned the property in July 2007. By way of further answer the property was never sold because of the sordid and filthy conditions of the residence caused by Collins. 22. Admitted in part, denied in part. It is admitted that the property did not sell. It is denied that Plaintiff seeks to hold Defendants responsible for the failure of the property to sell. On the contrary, Defendants are responsible to Plaintiff for the damages they caused by breaching the terms of the lease agreement and the damages to the real property caused by Defendants. By way of further answer, it was not anticipated by Plaintiff that Defendants would live in sordid and filthy conditions thereby causing physical damages to the property. 23. Denied. It is denied that Collins was forced to move from the residence when the property did not sell; it is denied that Plaintiff committed fraud; and it is denied that Plaintiff seeks to hold Defendants responsible for a sale which did not take place. On the contrary, Plaintiff seeks to hold Defendants responsible for the breach of the lease agreement and for damages to residence caused by Defendants. 24. Denied. It is denied Plaintiff misrepresented that the property was sold and that Collins should move out. It is further denied that Collins relied on any representations of Plaintiff. On the contrary, in April 2007, Collins was told that eviction. proceedings were going to be initiated against Defendants because of Defendants repeated failure to pay rent in accordance with the terms of the lease. At that time Collins pleaded with Plaintiff that she would pay the rent, was a single mother, and had no place to go. In reliance of Collins' representations to Plaintiff, Plaintiff did not initiate evictions proceedings against Defendants. Plaintiff further told Defendants that she was going to list the residence for sale. Despite the representations of Collins to Plaintiff, Defendants still failed to pay rent and finally abandoned the property in July 2007. By way of further answer the property was never sold because of the sordid and filthy conditions of the residence caused by Collins. 25. Denied. It is denied that Plaintiff made a claim that the property was sold and that Defendants suffered any damages. On the contrary, Defendants are responsible to Plaintiff for the damages they caused by breaching the terms of the lease agreement and the damages to the real property caused by Defendants. By way of further answer, it was not anticipated by Plaintiff that Defendants would live in sordid and filthy conditions thereby causing physical damages to the property. 26. Denied. It is denied that Plaintiff engaged in fraud or misrepresentations of any kind. As to the remaining averment, it constitutes a legal conclusion to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. Affirmative Defense - Estoppel 27. Admitted in part. It is admitted that Plaintiff's complaint seeks to recover, inter alia, the sum of $30,772.26 for the Defendants' breach of the contract of July 7, 2006. By way of further answer, Plaintiff's complaint also seeks interest, attorneys fees and costs. 28. Denied. It is denied that after executing the contract, Plaintiff represented to Collins that Plaintiff had the property listed for sale; that a buyer for the property had been located; that the contract of July 7, 2006 was terminated by virtue of the pending sale; that Collins should move out. It is further denied that Collins in fact moved out. On the contrary, in April 2007, Collins was told that eviction proceedings were going to be initiated against Defendants because of Defendants repeated failure to pay rent in accordance with the terms of the lease. At that time Collins pleaded with Plaintiff that she would pay the rent, was a single mother, and had no place to go. In reliance of Collins' representations to Plaintiff, Plaintiff did not initiate evictions proceedings against Defendants. Plaintiff further told Defendants that she was going to list the residence for sale. Despite the representations of Collins to Plaintiff, Defendants still failed to pay rent and finally abandoned the property in July 2007. By way of further answer the property was never sold because of the sordid and filthy conditions of the residence caused by Collins. 29. Admitted in part, denied in part. It is admitted that the property did not sell. It is denied that Plaintiff seeks to hold Defendants responsible for the failure of the property to sell. On the contrary, Defendants are responsible to Plaintiff for the damages they caused by breaching the terms of the lease agreement and the damages to the real property caused by Defendants. By way of further answer, it was not anticipated by Plaintiff that Defendants would live in sordid and filthy conditions thereby causing physical damages to the property. 30. Denied. It is denied Plaintiff misrepresented that the property was sold and that Collins should move out. It is further denied that Collins relied on any representations of Plaintiff. On the contrary, in April 2007, Collins was told that eviction proceedings were going to be initiated against Defendants because of Defendants repeated failure to pay rent in accordance with the terms of the lease. At that time Collins pleaded with Plaintiff that she would pay the rent, was a single mother, and had no place to go. In reliance of Collins' representations to Plaintiff, Plaintiff did not initiate evictions proceedings against Defendants. Plaintiff further told Defendants that she was going to list the residence for sale. Despite the representations of Collins to Plaintiff, Defendants still failed to pay rent and finally abandoned the property in July 2007. By way of further answer the property was never sold because of the sordid and filthy conditions of the residence caused by Collins. 31. The averment constitutes a legal conclusion to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. Affirmative Defense of Res Judicata 32. Admitted in part. It is admitted that Plaintiff's complaint seeks to recover, inter alia, the sum of $30,772.26 for the Defendants' breach of the contract of July 7, 2006. By way of further answer, Plaintiff's complaint also seeks interest, attorneys fees and costs. 33. Denied. It is denied that on July 3, 2007, Magisterial District Justice 09-1-01 issued a judgment in the amount of $6,936.00 in favor of Plaintiff. On the contrary the judgment dated July 3, 2007 is in favor of Crossroads Property Management Inc. 34. The averment constitutes a legal conclusion to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. Affirmative Defense of Unconscionability of Contract 35. Admitted in part. It is admitted that Plaintiff s complaint seeks to recover, inter alia, the sum of $30,772.26 for the Defendants' breach of the contract of July 7, 2006. By way of further answer, Plaintiff's complaint also seeks interest, attorneys fees and costs. 36. Denied. It is denied that after executing the contract, Plaintiff represented to Collins that Plaintiff had the property listed for sale; that a buyer for the property had been located; that the contract of July 7, 2006 was terminated by virtue of the pending sale; that Collins should move out. It is further denied that Collins in fact moved out. On the contrary, in April 2007, Collins was told that eviction proceedings were going to be initiated against Defendants because of Defendants repeated failure to pay rent in accordance with the terms of the lease. At that time Collins pleaded with Plaintiff that she would pay the rent, was a single mother, and had no place to go. In reliance of Collins' representations to Plaintiff, Plaintiff did not initiate evictions proceedings against Defendants. Plaintiff further told Defendants that she was going to list the residence for sale. Despite the representations of Collins to Plaintiff, Defendants still failed to pay rent and finally abandoned the property in July 2007. By way of further answer the property was never sold because of the sordid and filthy conditions of the residence caused by Collins. 37. The averment constitutes a legal conclusion to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. WHERERFORE, Plaintiff prays your Honorable Court to dismiss Defendant Gilbert's New Matter with prejudice. Respectfully submitted, CARINGI, P.Q' By: F;* C. Sluzis, Esquire I 43829 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Fax: (717) 657-7797 Email: frankLa)scaringilaw.com I verify that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5529 CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 31 day of October, 2007, I, Frank C. Sluzis, Esquire, do hereby state that I served a true and correct copy of the foregoing document upon the following individual in the manner indicated. VIA FIRST CLASS U.S. MAIL, POSTAGE PRE-PAID Michael S. Travis, Esquire Attorney for Defendant, Richard C. Gilbert 3904 Trindle Road Camp Hill, PA 17011 Debra L. Collins 142-J 15th Street New Cumberland, PA 17070 rizuuc %-,. Oiucts, rsquire CD C.- 3 -cl -r ?m T a SHERIFF'S RETURN - REGULAR ' t CASE NO: 2007-05529 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNDERHILL ALLISON E VS COLLINS DEBRA L ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GILBERT RICHARD C the DEFENDANT , at 1627:00 HOURS, on the 24th day of September, 2007 at 600 SWARTZ STREET ENOLA, PA 17025 RICHARD GILBERT by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 10 3ito - ,, ,,, 6.00 15.36 .00 10.00 .00 31.36 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 10/19/2007 SCARINGI & SCARINGI By: ? L Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR t` .. CASE NO: 2007-05529 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNDERHILL ALLISON E VS COLLINS DEBRA L ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COLLINS DEBRA L the DEFENDANT , at 1828:00 HOURS, on the 17th day of October , 2007 at 142-J 15TH STREET NEW CUMBERLAND, PA 17070 by handing to DEBRA COLLINS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 16.32 Postage .58 Surcharge 10.00 .00 1v/31/07 ? 44.90 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/19/2007 SCARINGI & SCARINGI By: Deputy eriff A. D. ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5529 CIVIL ACTION - LAW PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment in favor of Plaintiff, Allison E. Underhill, and against Defendant, Debra L. Collins. Xium-e- e amount of $30,772.26 s interest at the rate of 10% per annum plus costs. -&- -,?al } L A Date: November 15, 2007 C. Fr a* C. Sluzis, Esquire c ingi & Scaringi, P.C. Aftorney for Plaintiff ID # 43 829 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Fax: (717) 657-7797 Email: franknscaringilaw.com ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants To Debra L. Collins, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5529 CIVIL ACTION - LAW You are hereby notified that on Mr-36 21, 1 , the following Judgment has been entered against you in the above captioned case. $30, 772.26 plus interest at the rate of 10% per annum plus costs for failure to plead to Plaintiff's Complaint (a true and correct copy of the notice is marked as Exhibit A. attached hereto and incorporated herein.) DATE: ??/-3 L' Kk7 ALLISON E. UNDERHILL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-5529 DEBRA L. COLLINS AND RICHARD C. GILBERT, : CIVIL ACTION - LAW Defendants IMPORTANT NOTICE TO: DEBRA COLLINS 142-J 15.. STREET NEW CUMBERLAND, PA 17070 DATE OF NOTICE: NOVEMBER 2, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 A 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 ELGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Exhibit A Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 ID # 43 829 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Fax: (717) 657-7797 Email: fr?lank(@,scarinizilaw.com ? '?,1. ? ?? ik Q ? ? a ? ?. ? ?? ? g, ?- ?V i ,"wow ? ?; ?-, . ? .- ?. ? ?, .? t ? s?? '4 ? '? ?'1 ° ? f' , e r ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5529 CIVIL ACTION - LAW PRAECIPE TO ENTER JUDGMENT - AMENDED TO THE PROTHONOTARY: Kindly enter judgment in favor of Plaintiff, Allison E. Underhill, and against Defendant, Debra L. Collins. in the amount of $30,772.26 plus interest at the rate of 10% per annum plus costs. I certify that a written notice of intention to file the praecipe in the form prescribed by Pa.R.C.P. 237.5 was mailed or delivered a ' ed by Pa.R.C.P. 237.1(a)(2) and that a copy of that Notice is attached this r cipe. / Date: November 26, 2007 F Sluzis, Esquire S gi & Scaringi, P.C. A rney for Plaintiff ID #43829 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Fax: (717) 657-7797 Email: frank, scaringilaw.com 0 a N ;?C3 ALLISON E. UNDERHILL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-5529 DEBRA L. COLLINS AND RICHARD C. GILBERT, : CIVIL ACTION - LAW Defendants IMPORTANT NOTICE TO: DEBRA COLLINS 142-J 15TH STREET NEW CUMBERLAND, PA 17070 DATE OF NOTICE: NOVEMBER 2, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 A 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 ELGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Exhibit A . } Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 ID # 43829 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Fax: (717) 657-7797 Email: frscar @ingilaw com I i A ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants To Debra L. Collins, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5529 CIVIL ACTION - LAW You are hereby notified that on , the following Judgment has been entered against you in the above captioned case. $30, 772.26 plus interest at the rate of 10% per annum plus costs for failure to plead to Plainti's Complaint (a true and correct copy of the notice is marked as Exhibit A, attached hereto and incorporated herein) DATE: Prothonotary '% 1% ALLISON E. UNDERHILL, Plaintiff, VS. DEBRA L. COLLINS and RICHARD GILBERT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ) PENNSYLVANIA No. 2007-5529 NOTICE OF SERVICE OF INTERROGATORIES DIRECTED TO PLAINTIFF TO THE PROTHONOTARY: Please take notice that Defendant has served interrogatories upon Plaintiff, upon Frank C. Sluzis, Esquire, Scaringi & Scaringi, 2000 Linglestown Road, Ste. 106, Harrisburg, PA 17110 Date: /)/V/01 Attorney for Defendant Richard Gilbert 3904 Trindle Road Camp Hill, PA 17011 (717) 731-9502 `• CERTIFICATE OF SERVICE I, Michael S. Travis, certify that I have this day served true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person, addressed as follows: Frank C. Sluzis, Esquire Scaringi & Scaringi 2000 Linglestown Road, Ste 106 Harrisburg, PA 17110 Dated: 1611VIC, Attorney for Defendant Richard Gilbert ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 (717)731-9502 Fax 731-9511 .c t.o ?? CAD ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5529 CIVIL ACTION - LAW PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES TO THE PROTHONOTARY: Issue a Notice of Intent to Attach Wages in the above matter (1) against, Debra L. Co (2) against Aramark, Co Date: of defendant, Fr C. Sluzis, Esquire tomey for Judgment Creditor-Landlord Scaringi & Scaringi, P.C. Attorney for Plaintiff ID # 43 829 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Fax: (717) 657-7797 Email: frank na ,scaringilaw.com CERTIFICATION BY JUDGMENT CREDITOR-LANDLORD I certify that 1. The plaintiff judgment-creditor is Allison E. Underhill 3821 Hearthstone Road Camp Hill, PA 17011 2. The defendant judgment creditor is 3. The employer garnishee is Debra L. Collins Aramark, Corp. 4. The judgment arises out of a residential lease for the premises at 1751 Weatherburn Drive, New Cumberland, PA 17070. 5. (a) The amount of the judgment is $30,772.26. (b) A security deposit in the amount of $0.00 is being held by the judgment creditor- landlord. This security deposit has been applied x has not been applied to payment of rent due on the same premises for which the judgment has been entered. (Any security deposit that has not already been applied to rent will be deducted by the Prothonotary from the amount of the judgment in determining the amount to be attached.) (c) The amount of $0.00 has been paid toward satisfaction of the judgment. (Do not include the security deposit.) 6. This praecipe is filed within five years of the date of the original judgment upon which execution is sought. 7. The judgment was entered (check one): x_ in a civil action commenced in the court of common pleas. _ in an action brought before a magisterial district judge. in an action commenced in the Philadelphia Municipal Court. 8. Check the appropriate paragraph and attach the required documents: (a) If the judgment was entered in a civil action (Pa.R.C.P.M.D.J. 301 et seq.) before a magisterial district judge, copies of the appropriate magisterial district judge records are attached showing that the action arose from a residential lease and that the defendant appeared or filed papers in the action or that the complaint was served by handing a copy to the defendant. (b) If the judgment was entered in an action for the recovery of possession of real property (Pa.R.C.P.M.D.J. 501 et seq.) before a magisterial district judge, copies of the appropriate magisterial district judge records are attached showing that the action arose from a residential lease and that the defendant appeared or filed papers in the action or that the complaint was served by handing a copy to the defendant. (c) If the judgment was entered in an action in the Philadelphia Municipal Court in which the defendant was served pursuant to Phila.M.C.R.Civ.P. No. 1 11(A) or (C), a copy of the complaint filed with the Philadelphia Municipal Court is attached to this Notice, showing that the action arose from a residential lease. (d) If the judgment was entered in an action in the Philadelphia Municipal Court in which the defendant was served pursuant to Phila. M. C.R.Civ.P. No. I I I(B), copies of the appropriate Philadelphia Municipal Court records are attached showing that the action arose from a residential lease and that the defendant appeared or filed papers in the action. I certify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorites. r f/ Date: Judgment Creditor-Landlord ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-5529 : CIVIL ACTION - LAW CLAIM FOR EXEMPTION FROM WAGE ATTACHMENT This Claim for Exemption must be filed with the Prothonotary of the Court within 30 days of service upon you of the Notice of Intent to Attach Wages. TO THE PROTHONOTARY: I, the above-named defendant, claim exemption of my wages, salary or commissions from attachment on the following ground: My net monthly income is below the poverty income guidelines as provided by the Federal Department of Health and Human Services. OR The amount of wages to be attached would place my net income below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services. I have dependents. (Number) My net monthly income is $ (Net monthly income is your total monthly wages less (1) any support payments made to the court, (2) federal, state and local income taxes, (3) F.I.C.A. payments and nonvoluntary retirement payments, (4) union dues and (5) health insurance premiums.) I certify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Defendant This claim shall be delivered or mailed to Office of the Prothonotary Court of Common Pleas of Cumberland County One Courthouse Square Carlisle, PA 17013 (717) 240-6195 ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-5529 : CIVIL ACTION - LAW NOTICE OF CLAIM OF EXEMPTION OF WAGES FROM ATTACHMENT To the above-named plaintiff: The defendant in the above-captioned matter has filed a claim for exemption from attachment of his or her wages, salary or commissions. A copy of the claim is attached. If you wish to challenged the claim for exemption, you should file with the court a motion setting forth facts which show that the defendant's net income is not below the Federal Department of Health and Human Services poverty income guidelines or that the attachment will not cause the defendant's net income to fall below those poverty guidelines. Date: Prothonotary ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-5529 : CIVIL ACTION - LAW WRIT OF ATTACHMENT OF WAGES, SALARY OR COMMISSIONS Commonwealth of Pennsylvania County of Cumberland TO: Aramak, Corp. Debra L. Collins, named defendant You have been identified as the employer of the above-named defendant. You are directed to withhold the wages, salary and commissions of the defendant in you possession to satisfy the judgment against the defendant. You are notified that 1. an attachment of wages, salary and commissions has been issued; 2. you are ordered to withhold from the wages, salary and commissions of the defendant an amount per pay period which does not exceed ten (10) percent of the defendant's net wages, salary and commissions; Net wages are all wages paid less only the following items: (1) any support payments made to the court, (2) federal, state and local income taxes, (3) F.I.C.A. payments and nonvoluntary retirement payments, (4) union dues and (5) health insurance premiums. 3. the total amount attached is $30,772.26 and the withholding must continue until the amount is of the attachment is satisfied. 4. the attached wages shall be sent to the prothonotray of the court of common pleas within 15 days from the close of the last pay period in each month. The check must a. contain the name of the employee whose wages are being withheld, b. be made payable to the Prothonotary, and c. be sent to Prothonotary Court of Common Pleas of Cumberland County Wage Attachment Remittance One Courthouse Square Carlisle, PA 17013 (717) 240-6195 6. 7 you are entitled to deduct each pay period from the money collected from the defendant employee the costs incurred from the extra bookkeeping necessary to record the transaction, not exceeding $5.00 of the amount of money so collected. by law, you may not take any adverse action against the defendant because of his or her wages, salary or commissions have been attached. you shall send the following notice to the prothonotary if the defendant has never been or is no longer an employee: I have received a Writ of Attachment in the following case: Allison E. Underhill, Plaintiff v. Debra L. Collins and Richard C. Gilbert, Defendants, No. 2007-5529 The following person, Debra L. Collins, has never been (_) or is no longer an employee (__). Date: Employer Prothonotary Seal of the Court By Deputy Aramak, Corp. 225 Grandview Avenue Camp Hill, PA 17011 ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-5529 : CIVIL ACTION - LAW NOTICE OF INTENT TO ATTACH WAGES, SALARY OR COMMISSIONS Date of service of this Notice: Sheriff) (Date to be inserted by the A judgment has been entered against you in court for nonpayment of rent for, or damage to, residential property that you rented. The judgment creditor-landlord has begun proceedings to attach 10% of your net wages, salary or commissions for each pay period until the judgment is satisfied. The following exception will prevent your wages from being attached: Poverty Guidelines - Your wages may not be attached if your net income is below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services or if the amount of the attachment would cause your net income to fall below the poverty income guidelines. A copy of the guidelines is attached to this notice. If this exemption is applicable to you, you must return the claim for exemption of wages which is attached to the prothonotary within 30 days of the date of service of this notice upon you. The date of service of this notice is set forth above. If you return the form claiming this exemption within 30 days, your wages will not be attached without subsequent court proceedings. There may be other legal grounds for opposing the wage attachment that you may be able to raise by filing a motion with the court. For example, your wages may not be attached if you are an abused person or victim as set forth in Section 8127(f) of the Judicial Code when the attachment is to satisfy a judgment for physical damages to the leased premises. 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 A 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. MidPenn Legal Services, Inc. Lawyers Referral Services 213A North Front Street 100 South Street Harrisburg, PA 17101 P.O. Box 186 1-800-932-356 Harrisburg, PA 17108 1-800-692-7375 a ? J SHERIFF'S RETURN - REGULAR. CASE NO: 2007-05529 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNDERHILL ALLISON E VS COLLINS DEBRA L ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTC INT ATTACH WAGES was served upon ARAMARK CORP the DEFENDANT , at 1140:00 HOURS, on the 30th day of April , 2008 at 225 GRANDVIEW AVENUE CAMP HILL, PA 17011 TONY O'SHEA, MANAGER by handing to ADULT IN CHARGE a true and attested copy of NOTC INT ATTACH WAGES together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.00 Postage .58 Surcharge 10.00 .00 '16710'r ? 4 3 . 5 8 Sworn and Subscibed to before me this day of So Answers: JrPYY?, R. Thomas Kline 05/01/2008 SCARINGI & SCARINGI By. Dep ty Sheriff A. D. ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-5529 : CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE. END AND SETTLE ACTION AGAINST DEFENDANT RICHARD C. GILBERT ONLY TO THE PROTHONOTARY: Kindly discontinue the action against Defendant, Richard C. Gilbert, only, with prejudice. 0 r C. Sluzis, Esquire tto ey for Plaintiff reme Court ID 443829 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 1710 Ph.: 717-657-7710 Fax: 717-657-7797 frankgscaringilaw. com lw? ? { - s# 00 O 0 N 91 F .0 'o r*Q 7 1 i+ M ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-5529 : CIVIL ACTION - LAW CLAIM FOR EXEMPTION FROM WAGE ATTACHMENT This Claim for Exemption must be filed with the Prothonotary of the Court within 30 days of service upon you of the Notice of Intent to Attach Wages. TO THE PROTHONOTARY: I, the above-named defendant, claim exemption of my wages, salary or commissions from attachment on the following ground: My net monthly income is below the poverty income guidelines as provided b the Federal Department of Health and Human Services. y OR The amount of wages to be attached would place my net income below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services. I have _?) dependents. (Number) My net monthly income is $ 1-7 (Net monthly income is your total monthly wages less (1) any support payments made to the court, (2) federal, state and local income taxes, (3) F.I.C.A. payments and nonvoluntary retirement payments, (4) union dues and (5) health insurance premiums.) I certify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: '9 J o? /- O F 1 V Cs t Defendant This claim shall be delivered or mailed to Office of the Prothonotary Court of Common Pleas of Cumberland County One Courthouse Square Carlisle, PA 17013 (717) 240-6195 r ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-5529 : CIVIL ACTION - LAW NOTICE OF CLAIM OF EXEMPTION OF WAGES FROM ATTACHMENT To the above-named plaintiff: The defendant in the above-captioned matter has filed a claim for exemption from attachment of his or her wages, saiary or conimissioiis. A copy of the claim is attached. If you wish to challenged the claim for exemption, you should file with the court a motion setting forth facts which show that the defendant's net income is not below the Federal Department of Health and Human Services poverty income guidelines or that the attachment will not cause the defendant's net income to fall below those poverty guidelines. Date: Prothonotary C-3 r- r•a N ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5529 CIVIL ACTION - LAW PETITION TO ENFORCE SETTLEMENT AND NOW COMES, Plaintiff, Allison Underhill, by and through her attorney, Frank C. Sluzis, Esquire, and Scaringi & Scaringi, P.C. respectfully represents as follows: 1. On or about September 18, 2008, Plaintiff filed a Civil Complaint against Defendant's that is docketed to the above-captioned term and number. 2. By letter dated March 27, 2008 counsel for Defendant, Richard C. Gilbert, offered to pay Plaintiff the amount of $6,936.00 in full settlement of Plaintiff's claim against Gilbert. (A true and correct copy is attached. Exhibit "A") 3. Plaintiff accepted Defendant's aforementioned settlement offer. 4. In a show of good faith and in reliance of Gilbert's offer and at the insistence of Gilbert's counsel Plaintiff terminated the action against Defendant Gilbert. (A true and correct copy of the Praecipe is attached. Exhibit "B") 5. Despite demand by Plaintiff, Defendant Gilbert has failed to pay the amount of settlement, $6,936.00. 6. Plaintiff has incurred attorney fees in the amount of $5,825.50 to enforce the settlement. WHEREFORE, Plaintiff requests this Honorable Court to: (1.)Enforce the settlement between Plaintiff and Defendant Gilbert; and (L) Enforce the settlement between Plaintiff and Defendant Gilbert; and (2.)Order that Defendant Gilbert pay Plaintiff the amount of $6,936.00 plus interest from March 31, 2008 the date of acceptance of the settlement offer; and (3.) Order that Defendant Gilbert pay Plaintiff's attorney fees in the amount of $5,825.50. Respectfully Submitted, Sluzis, Esqi for Plaintiff Court ID: Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 717-657-7770 frank(&scaringii law.com MICHAEL S. TRAVIS ATTORNEY AT LAw 3904 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE (717) 731-9502 FAX (717) 731-9511 March 27, 2008 Frank C. Sluzis, Esquire Scaringi & Scaringi 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Re: Allison Underhill v. Collins and Gilbert, No. 2007-5529 Settlement Sheet Real Estate Sale Dear Mr. Sluzis: Thank you for providing the real estate settlement sheet in this case. I understand the real estate was sold for $136,630 on January 31 of this year. Your client originally listed the property for $139,000. There is a diminution in the claimed value of only $2,370. Yet she obtained a judgment for $6,936.00. She also kept the security deposit of $895.00. If I understand correctly the lost rent claim is from June 2007 through January 2008, which is contested. Your client actually spent $2,400 for painting and wallpaper as well as $2,640 for carpeting. Note that it was sold with new carpet and paint which did not exist before the listing. Your client also received a default judgment against Collins for $30,772 on November 15 for failure to plead. My client has suggested that he would pay Via judgment at the DJ for $6,936. You could apparently proceed against Collins (only) for the remainder of the amount sought directly from her. It does appear that your client is overcompensated. Please advise your position. Mr. Sluzis March 27, 2008 Page 2 Very Michae`I S. Travis Attorney for Richard Gilbert MST/hm pc: Richard Gilbert(w/encl.) IN THE COURT OF COMMON PLEAS ALLISON E. UNDERHILL, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : c, NO. 2007-5529 C. o -R 1T ?s r : e : rli fi J r '7_1 f7l - . DEBRA L. COLLINS AND L .-i •.rC W . RICHARD C. GILBERT, CIVIL ACTION - LA Defendants r. c V%T01-f^T rrrWTJV RAM AND SETTLE ACTION AGA&S'I ; .C 1\lilJVll DEFENDANT RICHARD C. GILBERT ONLY TO THE PROTHONOTARY: Kindly discontinue the action against Defendant, Richard C. Gilbert, only, with prejudice. Vre C. Sl uzis, Esquire ey for Plaintiff me Court ID #43829 Scaring' & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 1710 Ph.: 717-657-7700 Fax: 717-657-7797 frank (la soarin '1aw.com ALLISON E. UNDERHILL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-5529 DEBRA L. COLLINS AND RICHARD C. GILBERT, : CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE I, Robert D. Turgyan, Paralegal for the Law Firm of Scaringi & Scaringi, P.C., hereby certify that I served a true and correct copy of a Proposed Order, Rule to Show Cause and Petition to Enforce Settlement, by placing said Order, Rule to Show Cause and Petition in the United States Mail, first class, postage prepaid to the following person at the following address and on the date set forth below: Michael S. Travis, Esquire Attorney at Law 3904 Trindle Road, Camp Hill, PA 17011 Date: I-d-- ' , 2008 F ,` ? may.,. ry ? 4.: 4r r'T - "w+r fr ??7 ", ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-5529 : CIVIL ACTION - LAW AMENDED PETITION TO ENFORCE SETTLEMENT AND NOW COMES, Plaintiff, Allison Underhill, by and through her attorney, Frank C. Sluzis, Esquire, and Scaringi & Scaringi, P.C. respectfully represents as follows: 1. On or about September 18, 2008, Plaintiff filed a Civil Complaint against Defendant's that is docketed to the above-captioned term and number. 2. By letter dated March 27, 2008 counsel for Defendant, Richard C. Gilbert, offered to pay Plaintiff the amount of $6,936.00 in full settlement of Plaintiffs claim against Gilbert. (A true and correct copy is attached. Exhibit "A") 3. Plaintiff accepted Defendant's aforementioned settlement offer. 4. In a show of good faith and in reliance of Gilbert's offer and at the insistence of Gilbert's counsel Plaintiff terminated the action against Defendant Gilbert. (A true and correct copy of the Praecipe is attached. Exhibit "B") 5. Despite demand by Plaintiff, Defendant Gilbert has failed to pay the amount of settlement, $6,936.00. 6. Plaintiff has incurred attorney fees in the amount of $5,825.50 to enforce the settlement. 7. On or about August 4, 2008 undersigned counsel sought the concurrence of Attorney Michael Travis, by written correspondence. 8. Attorney Travis did not respond to this correspondence. 9. No other issues regarding the above-captioned matter have been ruled upon by this Honorable Court. WHEREFORE, Plaintiff requests this Honorable Court to: (L) Enforce the settlement between Plaintiff and Defendant Gilbert; and (2.) Order that Defendant Gilbert pay Plaintiff the amount of $6,936.00 plus interest from March 31, 2008 the date of acceptance of the settlement offer; and (3.) Order that Defendant Gilbert pay Plaintiff s attorney fees in the amount of $5,825.50. Respectfully Submitted, c try. . Sluzis, Esquire o ey for Plaintiff reme Court ID: Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 717-657-7770 franknscaringi law. com ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS AND RICHARD C. GILBERT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-5529 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Robert D. Turgyan, Paralegal for the Law Firm of Scaringi & Scaringi, P.C., hereby certify that I served a true and correct copy of a Proposed Order, Rule to Show Cause and Petition to Enforce Settlement, by placing said Order, Rule to Show Cause and Petition in the United States Mail, first class, postage prepaid to the following person at the following address and on the date set forth below: Michael S. Travis, Esquire Attorney at Law 3904 Trindle Road, Camp Hill, PA 17011 Date: z , 2008 C?o it,a ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS and RICHARD C. GILBERT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5529 CIVIL TERM IN RE: PETITION TO ENFORCE SETTLEMENT and AMENDED PETITION TO ENFORCE SETTLEMENT ORDER OF COURT AND NOW, this 26`" day of November, 2008, upon consideration of Plaintiffs petition, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE at a hearing scheduled for Thursday, February 12, 2009, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Frank C. Sluzis, Esq. 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 Attorney for Plaintiff Michael S. Travis, Esq. 3904 Trindle Road Camp Hill, PA 17011 Attorney for Defendants J. 0S rc A U L71-ls -C?L 1? -- Michael S. Travis ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 mst®mtravislaw Attorney for Defendant Richard C. Gilbert ALLISON E. UNDERHILL Plaintiff VS. DEBRA COLLINS AND RICHARD C. GILBERT Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-5529 CIVIL ACTION - LAW ANSWER TO PETITION TO ENFORCE SETTLEMENT NOW COMES the Defendant, Richard C. Gilbert, by and through the office of the below signed counsel, and answers the Petition to Enforce Settlement Agreement as follows: 1. Admitted. 2. Admitted. By way of further answer, the offer did not include the payment of attorney fees, nor did it outline the terms of repayment of sums due. Defendant's letter offer of settlement was expected to be put to a formal stipulation and said terms included theafter. Instead, Plaintiff accepted the offer by return correspondence. 3 - 4. Admitted. 5. Admitted. By way of further answer, Defendant has been very ill; through his Wife, he offered to pay the sum of $100 per month against the debt until paid in full. Plaintiff refused anything less than $300 per month. 6. Denied. Defendant did not agree to pay Plaintiff's counsel fees. By way of further answer, Plaintiff is already collecting the sum of $30,000.00 from Debra Collins, which appears to substantially overcompensate her for her claimed losses. When this fact came to light following a deposition of Underhill, she withdrew the above captioned complaint and accepted the above amounts which were already reduced to judgment before the Magisterial Justice on July 3, 2007. Defendant only failed to defend against that action because he believed the Defendant sought only $6,936.00, not the almost unbelievable $37,708.00 against both Defendants. WHEREFORE, Defendant, Richard C. Gilbert, prays this Honorable Court to: 1) Set such payment terms of the $6,936 which is reasonable and just; 2) Deny the claim for counsel fees and costs. 3) Enter such other relief as the Court deems just and proper. Michaef5. Travis 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 mst@mtravislaw.com Attorney for Defendant Richard Gilbert I, ALLISON E. UNDERHILL ) IN THE COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA VS. ) No. 2007-5529 DEBRA COLLINS AND ) RICHARD C. GILBERT ) CIVIL ACTION - LAW Defendant ) VERIFICATION The statements made in this Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Sect. 4904 relating to unsw m falsification to authorities. G Richar C. Gilbert, Defendant Date: / - 2V - ?? 4 ? 1 ALLISON E. UNDERHILL Plaintiff VS. DEBRA COLLINS AND RICHARD C. GILBERT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-5529 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the below persons by first class U.S. Mail, postage prepaid: Frank C. Sluzis, Esquire Scaringi & Scarini 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 I'A r/o I Attorney for Defendant Gilbert 3904 Trindle Road Camp Hill, PA 17011 ,- ; ' y .r r. ?? ALLISON E. UNDERHILL, Plaintiff V. DEBRA L. COLLINS and RICHARD C. GILBERT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 07-5529 CIVIL TERM STIPULATED ORDER AND NOW, this 12`h day of February, 2009, in accordance with the attached stipulation of counsel, this stipulation is ordered entered by and between Allison E. Underhill and Richard C. Gilbert. This case was previously marked settled and discontinued and that discontinuance is vacated and this matter is re-opened. This order supersedes Magisterial District Justice Court Order in No. 0000243-07, entered on 7/3/07. Judgment is entered in favor of Plaintiff Allison E. Underhill and against Richard C. Gilbert in the amount of $6,936.00 at the statutory rate. Richard C. Gilbert shall pay $200.00 per month until the judgment is paid in full. The first payment is due on March 11, 2009. BY THE COURT, Lawrence C. Kress, Esq. 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 Attorney for Plaintiff Michael S. Travis, Esq. 3904 Trindle Road Camp Hill, PA 17011 Attorney for Defendant Richard C. Gilbert } G/.S 'Co eL 0e?r ?L r ? if.1- 1 NVAy ls:.: I,..3c_7 1 Z :01 WV Z i 83.E 6001 30H C'MR? Debra L. Collins 600 Swartz Street Enola, PA 17025 Defendant, pro Se C°jy asl1? a-/?-U9 L :rc