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HomeMy WebLinkAbout08-0899ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff HOGG PROPERTIES, LLC ' IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 08 - $qq Civi l -T,?rM PAUL DREES and ALICIA HOFFMAN Defendant(s) CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 Avlso LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 HOGG PROPERTIES, LLC v Plaintiff PAUL DREES and ALICIA HOFFMAN Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 8. 9 9 9 6 ?;j CIVIL ACTION - LAW COMPLAINT The Plaintiff, HOGG PROPERTIES, LLC, by its attorneys, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendants to recover the sum of ONE THOUSAND ONE HUNDRED SIXTY-FIVE DOLLARS AND SEVEN CENTS ($1,165.07), along with interest thereon at the statutory rate from March 28, 2007, upon a cause of action of which the following is a statement: 1 2 3 The Plaintiff, HOGG PROPERTIES, LLC, is a limited liability corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having an address of PO Box 624, New Cumberland, PA 17070. The Defendant, PAUL DREES, is an adult individual residing at 507 East Elmwood, Apt 4, Mechanicsburg, Cumberland County, Pennsylvania 17055. The Defendant, ALICIA HOFFMAN, is an adult individual residing at 507 East Elmwood, Apt 4, Mechanicsburg, Cumberland County, Pennsylvania 17055. F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\HOGG PROPERTIES 33839.wpd 2 4. On or about December 30, 2005, Defendants entered into a written Rental Agreement with Plaintiff, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof, whereby Defendants would rent the premises known and numbered as 111 South 3rd Street, Lemoyne, Pennsylvania, at the rate of Five Hundred Fifteen Dollars ($515.00) per month. 5. Thereafter, Defendants defaulted under their Lease Agreement with Plaintiff by vacating the premises before the agreed upon lease term, without notice, and intentionally causing damage to the leased premises. 6. After crediting Defendants' Security Deposit, Plaintiff incurred additional expenses for unpaid rent, NSF check fees, and repairs, including labor and materials, to the leased premises, to the total amount of Nine Hundred Seventy Dollars and Eighty- Nine Cents ($970.89) as set forth on Plaintiffs Statement of Account attached hereto, marked Exhibit "B" and made a part hereof. 7. Due to the default of Defendants, and pursuant to the terms and conditions of the Residential Lease Agreement executed by Defendants and attached as Exhibit "A" hereto, attorney's fees in the total amount of One Hundred Ninety-Four Dollars and Eighteen Cents ($194.18) have been added to said account. F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\HOGG PROPERTIES 33839.wpd 3 8. Plaintiff frequently demanded payment from Defendants of said amount due and owing as aforesaid, but Defendants refused and neglected and still refuses and neglects to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recoverfrom Defendants the sum of ONE THOUSAND ONE HUNDRED SIXTY-FIVE DOLLARS AND SEVEN CENTS ($1,165.07), together with interest as set forth herein. Respectfully submitted, KODAK & IMBLUM. P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\HOGG PROPERTIES 33839.wpd 4 Aug 29 2007 10:36RM HP LRSERJET PAX RENTAL AGREEMEN'T' THIS IS A LEGAL DOCIIIKNT. By signing, the Tenant agrees that Tenant has read this lease and has had the opportunity to. ask questions about the lease. T-h% TIMM and TAT.o t a. " that THIS IS A LEASE. Timoth_ Hogg is he Landlord. pp p? - ?J1( _ AMTil?eaa y is the Tenant ees fo Apa rtment ## 40 TA This lase be§ins oii I p P.4 at ThMcc Jkf,E SW& l This lease ends on l(? , Tenant must Notify Landlord in writing Sixty days befor the end of this lease that Tenant is moving out. It Tenant does not notify Landlord that he/she is moving out, the lease will automatically become a month-to-month lease. In order to end the lease during the month-to-month periods, the Tenant must notify Landlord in writing at least 60 days before Tenant intends to move out. A full month's rent shall be due for any partial month in which Tenant occupies the apartment. The total rent for this lease is $ 611$O.? (yearly) payable in monthly installments of $515.Q4 Rent is due in advance an or before the FIRST dray of each month of this Lease. Rent is to be mailed to the following address: Tim Hogg PO Box 624 New Cumberland, PA 17070 Rent Checks or Money Orders are to be made out to "Tim Hogg" only. SECURITY DIMOSIT., The Tenant has deposited an amount equal to one months rent asa SECURITY DEPOSIT. This security deposit is %held by the Landlord in full throughout the term of the lease regardless to the amount of the dep-08-it and applied to any damages to the apartment caused by Tenant, his/her family, guests or pets. The Security deposit can also be used for any damages from breaking the lease, Tenant's unpaid bills, or not paying part of the rent due. At no time during the tenancy will any part of the deposit be refunded. Security deposit shall be refunded within thirty days of the east of Cie i ionth in which the lease terminates. EXHIBIT R.rig 29 2007 10: 36AM HP LRSERJET F FiX Tenapt MAY NOT USE SECURITY DEPOSIT AS RENT IN+CREASLD R Mr IF PAID AFTER THE FIRST DAY OF THE MONTE: Increased rent begins the FIRST DAY of the month. A ten dollar rent charge begins on the first day, and five dollars for every day after the first day of the month. These charges cover increased administrative costs-and damages.. ACCEPTANCE OF PROPERTY: The Tenant has examined the apartment and the apartment is in satisfactory condition. The apartment is leased in AS-IS condition. In the event that repainting, repair or other work to be performed in the apartment has not been completed, by the time the tenant is to move in, this lease will remain in full farce and tenant shall still be responsible for all rents. Tenant agrees that no agreement is made to redecorate, repair or improve the apartment unless specifically written here: If tenant, for whatever reason, fails to take posession of the .apartment, tenant is still responsible for all rents and obligations until Landlord can-reasonably find a replacement tenant for the apartment. SMALL REPAIRS DURING TENANCY: Tenant is responsible for 5ma11 repairs such as stuck windows, loose screws, backed up toilets/bathtuba/'sinks. Tenant is also responsible for lightbulbs and fuses as they become necessary. Landlord shall decide what repair is considered "small." MMISCLOSED REPA.TR - It is the Tenant's responsibility to report any condition that.could be dangerous or wasteful immediately to Landlord. In the event Tenant has not notified Landlord of a needed repair or condition, any liability and/or financial responsibility shall be assumed- by Tenant. CLEANLIMSS: Tenant agrees to keep apartment clean, avoid a garbage build-tip and place garbage in outside receptacles'. Tenant agrees that any pest infestation as a result of his/her apartment's not being kept clean is breaking the lease. Any pest control services will be charged to the Tenant . occuPAN'cy AND QSSs The apartment is for use as a residence by the named Tenants who have signed this lease and their children. Tenant will not use this apartment for any type of business. Tenant will not use the apartment for disorderly or unlawful purposes, or in any manner offensive to others. Tenant will obey all Federal, State, County and Local laws. P.5 2 Aud 29 2007 10:36RM HP LRSERJET FFiX APPhtA1XCEs: Any appliances. which are in the apartment are there at the convenience of the Landlord. Landlord agrees to remove appliances if the Tenant asks for removal. The repair and maintenance of all appliances is the responsibility of the Tenant. RULES: "Rider A" contains a list of rules that the Tenant shall follow. If Tenant Breaks any of these rules, he/she is breaking the lease. UTILITIES - Landlord is re. nsible £or paying the following. W,,kk,;:'R,garbage, sewer, Y'6(Tenant is responsible for paying the following: Electric, cable, telephone, gas, plus any other service acquired whether by law or otherwise, not mentioned as a Landlord responsibility. if tenant in the sole disgression of the landlord overuses or uses wastefully a uti.li-ty that is. paid by landlord, the excess cost shall be assumed by tenent. Tenant EXPENSES: Landlord will not allow any deductions from the rent or charges to any account of the Landlord for any purpose by the Tenant. CHANGES: No changes will be made, and no painting or redecorating is done to the apartment without written permission from Landlord. TenalLt will -hot drive nails or screws into the walls or the woodwork. KEROSINE HEATERS : No kerosine heat.exs are allowed in the apartment. INCEMER AND CANDLES: Tenant understands that candles and incense cause soot to build up on walls and surfaces. In the event that landlord or landlord's employees determine that candles or incense .4as been burned in the apartment, the cost of any and all painting, cleaning, etc. shall be paid by tenant. CRAMS OP Tenants: Only the Tenants named in this lease may use the leased apartment. Tenant may not give the apartment to anyone else to use. Tenant; must request a new lease if different people are in the apartment than those named on the lease. If Tenant is trao.sfexred during mid tenancy, Landlord 'will reasonably look for a new Tenant for the apartment in order to relieve Tenant of lease responsibility. Landlord reserves the right to charge tenant for time spent acquiring new tenant $3-00_00 flat fee and coat of advertising. PUTS : Pets are not allowed ija the aparttteizt witho-ut the written permission of the Landlord. P.6 3 Rt?g 29 2007 10:37AM HP LRSERJET FAX rMPECTIdNs Landlord or his employees may enter the apartment at any time for the following reasons: 1_ To inspect the apartment 2. To make necessary repairs 3. To protect the apartment from damage 4. To show the apartment to prospective Tenants or buyers MOVING OUT: Tenant will leave-the apartment and all property of the Landlord in good clean and operating condition, except for ordinary wear and tear. Tenant will clean the apartment, including any appliances, cabinets, baseboards, bathrooms, and remove all trash from the apartment. Tenant to steam clean carpets before move-out date and a receipt is to be turned in with the keys. If cleaning and trash removal is not done by Tenant, the Landlord will clean the apartment and remove trash at the expense of the Tenant. A service fee of $25.00 per contractor shall: be aplied to the secuity deposit if tenant does not steam clean or properly clean the apartment. Tenant. will bring all keys to the Landlord within 24 hours of moving from the apartment. LIABILITY OF Landlord - Tenant agrees that Landlord shall not be liable for property damage or personal injury occurring in or around the apartment unless the damage or injury results directly from the Landlord's gross negligence. BREAKING THIS LEASE: If the rent is not paid when due, and/or the Tenant does not perforce in a manner consistent with this lease, he/she shall have broken the lease- The entire rent due for the . rent of the lease is due and payable immediately. Any court fees, attorney's fees, collection fees, fees for paying rent after the first of the month, plus an amount equal to two mouth's rent for damages and administrative costs shall also be due. NOTICE TO QUIT: Tenant understands, that he/she is giving up the right to any ten day, fifteen day, thirty day, or ninety day notice to quit lease. IF Tenant BREAKS THIS LEASE, EVICTION PAPERS CAN BE IMMEDIATELY FILED 114 COURT. ITEKS L$FT IN THE APARTMENT BY Tenant: if the Tenant moves out of the apartment and leaves belongings in the apartment, the ownership of these belongings shall be givern to Landlord. Landlord may do whatever he wishes with these items. PAYING LATE RENT: If Landlord allows Tenant to pay rent late or break any rule at any time four any reason, this does not give p.7 4 . Awd 29 2007 10:37AM HP LRSERJET FRX Tenant,permissi.on to pay late again or break the rules again. NOTICE: This agreement is the Notice to Tenant of all rents due and obligations of the Tenant, Tenant AGREES THAT No ADDITIONAL NOTICE OF RENT DUE IS NECESSARY. STORAGE: No storage rights are given under this lease. The Tenant agrees that neither the Landlord or his employees has any responsibility for loss of any kind to, the Tenant's property. INSURAlM: Tenant agrees that Landlord requires that Tenant buy RENTER'S INSURANCE to cover damages to his/her personal property and cover liability for other people's property and casualty. Landlord shall be named as '(additional insured", and insurance agent shall provide proof of insurance to landlord for aLl renewals. Tenant understands that in the event that tenant allows insurance to expire or otherwise lapse,. Landlord shall have the right to purchase. renters insurance policy at tenants expense. Landlord further reserves the right to charge a fee for this service in the ami=t Of $100.OG over and above the cost of insurance. Tenant's Initials:./ SEPARATE SECTIONS: The sections of this lease are separate. If a court finds that any part of this lease is illegal for any reason, that finding will not affect the remaining parts of the lease. LEAD PAINT: Tenant acknowledges that he/she has been given a copy of the US EPA booklet "Protect Your Family Fxxxn Lead I Your Home", and given time to read the information it contains. Landlord has no knowledge of lead paint in the apartment although Lead paint was commonly used before 1979. Any cracking or pealing paint must be reported to Landlord immediately. Tenant's Initials:??414 RIDERS (SP&CIAL PROVISIONS) : Special provisions in the attached Riders are part of this lease. ENTIRE AGREE: This lease contains the ENTIRE AGREWCENT between the Landlord and the Tenant. Neither the Landlord nor the Tenant has agreed to do anything that is not written in this lease.. REPAIRS BY Landlord: If Landlord is to make repairs to the apartment for damages that are not caused by normal wear and tear he will be paid $25.04 per hour plus the cost of materials to Landlord. PARKING: Tenant shall abide by all parking signs around apartment P.8 5 Aug 29 2007 I0:38AN HP LASERJET FAX 22. These rules and regulations shall constitute conditions of te7aahcyt, and violation thereof shall be ac default under this lease. It is further assumed that these rules do not violate Local, State or Federal Law. In the aforementioned event, the regulation stated herein will become null and void, thus rendering precedence to the law. Date - alo a Timothy, Hogg all Tenant (-?/Tenant Tenant P.9 "i Hogg Properties, LLC Tim Hogg PO Box 624 New Cumberland, PA 17070 Paul Drees 111 South Third Street 3 Lemoyne, PA 17043 Security Deposit Statement 111-3: 111 South Third Street 3, Lemoyne PA 17043 Date Description Amount Memo In Account 01/04/06 Deposit Amount $515.00 $0.00 01/04/06 Payment Toward Deposit $515.00 $515.00 02/28/07 Charge For Damage/Other $25.00 Cleaning Surcharge $490.00 02/28/07 Charge For Damage/Other $75.00 Cleaning $415.00 02/28/07 Char a For Damage/Other $25.00 Carpet Cleaning Surcharge $390.00 02/28/07 Charge For Damage/Other $90.10 Carpet Cleaning $299.90 02/28/07 Charge For Damage/Other $100.00 Late Fee, February 07 $199.90 02/28/07 Charge For Damage/Other $398.57 Rent, February 07, Prorated through February 18 ($198.67) 02/28/07 Charge For Damage/Other $25.00 NSF Charge, January 07 $223.67 02/28/07 Charge For Damage/Other $100.00 Late Fee, January 07 $323.67 02/28/07 Charge For Damage/Other $515.00 Rent, January 07 $838.67 02/28/07 Charge For Damage/Other $84.74 Barlu s Appliance $923.41 02/28/07 Charge For Damage/Other $22.48 Broken door Materials $945.89 2/28/07 Charge For Damage/Other $25.00 Broken Door Labor $970.89 JAN-18-2008 10:54 KNUPP KODAK & IMBLUM M?11 11'1ss (name) of HOGG PROPERTIES, LLC, verifythattt are true and correct. I understand that fa penalties of 18 Pa. C. S. §4904, relating H Dated: 'Lq v r By: Title: 717 238 7158 P.07i07 Owe)(title) ents made in the aforegoing document rents herein are made subject to the rn falsification to authorities. LLC 33839 DREES/HOFFMAN TOTAL P.07 01/18/2008 FRI 11:53 (JOB NO. 57711 Q007 o0 V rcl r J ? r cv, CASE NO: 2008-00899 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOGG PROPERTIES LLC VS DREES PAUL ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DREES PAUL the DEFENDANT , at 1510:00 HOURS, on the 14th day of February-, 2008 at 507 EAST ELMWOOD APT 4 MECHANICSBURG, PA 17055 by handing to ALICIA HOFFMAN, ADULT IN CHARGE 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 Service Postage Surcharge ),/.:IV/ o F Q, So Answers: 18.00 11.52 .? .58 10.00 R. Thomas Kline X00 40.10 02/15/2008 KODAK & IMBLUM Sworn and Subscibed to before me this of By day Deputy Sheriff A. D. c , CASE NO: 2008-00899 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOGG PROPERTIES LLC VS DREES PAUL ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOFFMAN ALICIA the DEFENDANT , at 1510:00 HOURS, on the 14th day of February-, 2008 at 507 EAST ELMWOOD APT 4 MECHANICSBURG, PA 17055 by handing to ALICIA HOFFMAN 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 Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 R. Thomas Kline 00 16.00 02/15/2008 KODAK & IMBLUM Sworn and Subscibed to before me this of By: day Deputy Sheriff A. D. HOGG PROPERTIES, LLC Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA : NO.08-899 CIVIL ACTION PAUL DREES and ALICIA HOFFMAN : Defendant(s) : DEFENDANT'S ANSWER AND NEW MATTER AND COMES NOW, Paul Drees and Alicia Hoffman, and files the instant Answer and New Matter, and in support thereof, avers as follows: 1. Admitted. 2. Admitted. I Admitted. 4. Admitted. 5. Denied. Defendant's specifically denies the following allegations set forth in paragraph 5 of Plaintiff's complaint. Defaulting under lease agreement with Plaintiff. Vacating premises before the agreed upon lease term without notice and intentionally causing damage to the leased premises. 6. Denied. Defendant's specifically denies the following expenses submitted by Plaintiff in paragraph 6, which are defined in plaintiff's Exhibit "B". a. Cleaning surcharge and cleaning. Defendant's returned rental property to Plaintiff in excellent condition, as set forth in photos attached hereto, marked Exhibit "A" and made apart hereof. b. Carpet cleaning surcharge, and carpet cleaning. Defendant's returned rental property to Plaintiff with cleaned carpet. 1 c. Late Fee February 2007 and Rent February 2007, Prorated through February 18, 2007. Defendant's lease with Plaintiff ended at onset of addendum. d. NSF Charge, January 2007. Defendant's canceled check number 177, as set forth in records attached hereto, marked Exhibit "C" and made a part hereof. e. Late fee, January 2007. Defendant's surrendered security deposit to fulfill payment for last month of lease agreement with Plaintiff. f. Barlups Appliance. Defendant lacks knowledge sufficient to form a belief as to the truth of the allegation, and therefore denies same. g. Broken door materials and broken door labor. Defendant's repaired door while occupying leased property. 7. Denied. Defendants specifically deny being responsible for Plaintiff s attorney fees as Defendants specifically deny defaulting on lease agreement with Plaintiff. 8. Admitted in part, denied in part. Defendant's admit refusing to pay full amount demanded by Plaintiff and denies refusing or neglecting to pay any part thereof to settle matter. NEW MATTER 9. Defendants incorporate by reference paragraphs 5 through 7 of their answer. 10. Plaintiff issued an addendum to original lease on December 1, 2006, a true and correct copy of which is attached hereto, marked Exhibit "B" and made a part hereof, whereby defendant's term of lease ends at the onset of addendum. 11. Defendants allege promptly returning a denial to sign new lease agreement attached hereto as set forth in Defendant's Exhibit "B". 12. Defendant's vacated leased premises by January 31, 2007. SWom 4 5u1cRj I bed 13. Defendants gave satisfaction to the terms of lease agreement. 'Qk?DrC rv,k +ht5 14 0.3 Uq ok Ntax U% Defendant's performed adequately and in a timely manner in response to plaintiff's addendum to original lease agreement. WHEREFORE, Defendants request that Plaintiff's complaint be dismissed. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer N. Grove, Notary Pubic Siver Spring Twp., CurrtWard County My Commission Expires Jan. 28, 2012 Member, Pennsylvania Association of Notaries Respectfully submitted, Paul ees 4c&iaHoffin 2 HOGG PROPERTIES, LLC Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA : NO. 08-899 CIVIL ACTION PAUL DREES and ALICIA HOFFMAN : Defendant(s) : CERTIFICATE OF SERVICE I, Alicia Hoffman , hereby certify that I am this day serving a time-stamped copy of the Answer and New Matter, upon the person(s) and in the manner indicated below, which services satisfies the requirements of the Pennsylvania Rules of Civil Procedure, mailing the same to: Robert D. Kodak, Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 Attorney for Plaintiff Date: March 3, 2008 3 VERIFICATION I, Alicia Hoffman/ Paul Drees, verify that the statements made in Defendant's Answer 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. CS. Section 4904, relating to unworn falsification to authorities. r Date: March 3, 2008 Paul Drees Alicia Hoffman 4 a ..tom /1 1? ?-?lJ --Zkz, T 12/01/06 Hogg Properties, PO Box 624 New Cumberland (717)761-3621 Alicia Hoffman LLC PA 17070 111 South Third Street Apt.#3 Lemoyne, PA 17043 Dear Mr./Ms. Hoffman: This letter shall serve as a lease addendum to your lease originally signed. The Lessor or Landlord is now Hogg Properties, LLC. Payments of rent and other charges shall now be made out to Hogg Properties, LLC. Our address is still the same for payments, PO Box 624, New Cumberland, PA 17070. The term of your lease ends at the onset of this addendum. The new term will be for one year from the effective date of February 1, 2007. Your current lease payment is $515.00. This includes any pet fees etc. Your new rent will increase for a one year term by $30.00 to $545.00 plus $0.00 in pet fees. If you do not want to be in a full year lease at this time, we are offering a six month lease option in the amount of the one year term increase plus $35.00. If you wish to continue a month to month lease, your lease amount will be the amount of the one year term plus an additional $75.00. Please sign where appropriate at the bottom of this page, keep a copy for yourself and return in the attached envelope. In the event that you do not return this form, your rent will automatically be calculated at the month to month rate. Please accept my apologies for having to increase rents at all, but it will help insure that the quality service that you have come to expect from us will continue in the future. Sincerely, ?orgette Ti key Exhibit "?" Please Initial one of the following: One year term from February 1, 2007 through January 31, 2008 at the rental rate of $545.00 Six month term from February 1, 2007 through July 31, 2007 at the rental rate of $580.00 Month to month term from February 1, 2007 at the rental rate of $620.00 Accepted by, (signature), on: (date) (Alicia Hoffman) 12/01/06 Hogg Properties, LLC PO Box 624 New Cumberland, PA 17070 (717)761-3621 Alicia Hoffman 111 South Third Street Apt_#3 Lemoyne, PA 17043 Dear Mr./Ms. Hoffman: This year contained a mixed bag of good news and bad news. First the Bad News: Fuel. The petroleum industry touches every aspect of our lives, and no industry is affected more than the building industry. Not just for heating, oil is used in the production of carpet, paint, plastics for plumbing, mechanical equipment, electrical components,etc. This doesn't even include delivery trucks, trash trucks, maintenance trucks and meter reading vehicles. Heating is a whole 'nother story... Municipalities continue their tax and spend tactics, the proposed property tax reduction that was to be paid by new gaming revenues has not happened (yet?), and insurance companies are continuing their increases on the value side rather than on the rate side. CNBC reported this week that the first five months of 2006 experienced a rental increase of 9 to 17% nationally! Now the good news: We added Bill as our Handyman, to continue improvements to the properties and control in-house how these improvements are installed and utilized. Tim is still as hands on as ever, jumping in to perform maintenance as well as outside contractor services. Even though our operation spans both shores at multiple properties, we still offer service that is equal to or better than the complexes. We still install more improvements into our properties than any other private landlord, increasing quality and safety for all our tenants. Now, More Good News: WE WANT TO KEEP YOU AS A TENANT! WE WANT TO CONTINUE TO OFFER THE BEST SERVICE IN THE INDUSTRY! With a one year lease renewal, you can have our handyman, Bill, for up to a half day to do any improvement you need (no, he won't wash your car). Think about that little thing that's been bugging you and we'll replace it, fix it, paint it, whatever (within reason of course). Our mix of apartments and townhomes allows for easier moves within the Hogg Properties family. Moving is incredibly costly and time consuming! Between changing utilities, packing and unpacking, cost of boxes, renting a truck or hiring a moving company, deposits for your apartment and utilities, the costs simply will be alot more than the rent increase over the year, and it is likely that you will experience a lower service level. If you do need to move, either upsizing or downsizing, we probably have an apartment home for you. This will at least reduce some of your costs. We hope you have enjoyed your time with us and will be with us as long as you are renting an apartment home. Thank you again for your tenancy! Sincerely, Timoth Ho ` 99 01/17/07 PO Box 624 New Cumberland, PA 17070 (717)761-3621 Alicia Hoffman 111 South Third StreetApt.#3, Lemoyne, PA 17043 n _ ne 1Rp 1-:01"I This letter is to inform you that I have recieved a stop payment Check from your account at Members First. The check in question is # 177 in the amount of 515.00. You are in Breach of your lease You have been charged a $25.00 per check service fee and a $90.00 late fee. You have until Friday January 19, 2007 to make this check good along with the late fees due. We will only accept cash or money order. In the event that you do not make the check good, we will file for eviction which will affect your credit and pursue you with our collection agent. Sincerely, Timothy Hogg li (j1h I L S y. frn r 7v -ti i1J _• 1 Y HOGG PROPERTIES, LLC v NO. 2008-0899 PAUL DREES and ALICIA HOFFMAN Defendant(s) CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak. Esquire, counsel for the plaintifffdefemdartt in the above action, respectfully represents that: 1. The above-captioned action(s) isfare at issue. 2. The claim of plaintiff in the action is $11.165.07, plus interest and costs. The counterclaim of the defendant in the action is: N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: ROBERT D. KODAK, ESQUIRE (KODAK & IMBLUM, P.C.) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respec ubmitted, Robert D. Kodak, Esquire Kodak & Imblum, P.C. PO BOX 11848 Harrisburg, PA 17108-1848 (717) 238-7152 ORDER OF COURT AND NOW, , 2008, in consideration of the foregoing petition, Esq., and (or actions) as prayed for. Esq., and Esq., are appointed arbitrators in the above captioned action BY THE COURT: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA GEORGE E. HOFFER, P.J. Y CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I served a true and correct copy of the PETITION FOR APPOINTMENT OF ARBITRATORS in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: PAUL DREES ALICIA HOFFMAN 507 E ELMWOOD AVENUE #4 MECHANICSBURG PA 17055 KODAK & IMBLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney I.D. No. 18041 Attorney for Plaintiff Dated: July 23, 2008 CZ ?: t? ?' .c, ? ter`- ? : ?.,:._ ? r? ?. g ? ? ?a ?,', 9y ? ? 7> :zri-Y^- ? ?r?i V HOGG PROPERTIES, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V NO. 2008-0899 PAUL DREES and ALICIA HOFFMAN Defendant(s) ' CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT:. Robert D. Kodak. Esquire, counsel for the plaintiff/def4? in th6 above action, respectfully represents that: 1. The above-captioned action(s) isMm at issue. 2. The claim of plaintiff in the action is $11.166.07, plus interest and costs. The counterclaim of the defendant in the action is: N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: ROBERT D. KODAK, ESQUIRE (KODAK & IMBLUM, P.C.) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respec ubmitted, ?r Robert D. Kodak, Esquire Kodak & Imblum, P.C. PO BOX 11848 Harrisburg, PA 17108-1848 (717) 238-7152 ORDER OF COURT AND NOW, I Ad .51 , 2008, in consideration of the foregoing petition, Esq., and Ju_j_?n_ _ Esq., and Esq., are appointed arbitrators in the above captioned action 01 (or acti ns) as prayed for. HE C o vS P.J. l i r1 C%j se.a Cam, ? `` r = (? L1J C?_ Cri3 LI? V\ { HOGG PROPERTIES, LLC, PAUL DREES and ALICIA HOFFMAN, Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No.2008 _0899 Defendants Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our ffice wi delity. Lk- SiS' gnature 1, Marlin R. McCaleb Name (O Wnuan) Law Offices - Marlin R. McCaleb Law Firm TIN 23-2393754 219 East Main Street Address Mechanicsburg, PA 17055 City, Zip Susan H. Confair George J. Costoupoulos Name Name Law Firm 2331 Market Street Address Camp Hill, PA 17011 City, Zip Law Firm 10 E. Louther St., 1st Flr. Address Carlisle, PA 17013 City, zip // l0 4 10 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) We find in favor of the Defendants and against the Plaintiff. . Arbitrator, dissents. qgqt name if applicable. Date of Hearing: 10/02/08 ) Date of Award. 10/02/08 CiVL ; Notice of Entry of Award Now, the day of 2048 , at ' / -.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitr4tors' compensatioNto be paid upon appeal: $ 3 r6.cne!? Prothonotary By: Deputy Q ?l w N. W Q G r r_ N C= e ::s ca -- 4 FTJ? ^'7 CaJ ?` r t- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HOGG PROPERTIES, LLC. Plaintiff File No. 2008-0899 vs. Civil Term PAUL DREES and ALICIA HOFFMAN Defendants NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that HOGG PROPERTIES. LLC. appeals from the award of the board of arbitrators entered in this case on October 3, 2008. A jury trial is demanded . (Check the line if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that (1) the compensation of the arbitrators has been paid, or (Strike out the inapplicable clause.) Z%?? ?? Robert D. Kodak Attorney for Appellant Attorney ID No. 18041 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 717.238.7152 Note: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(b). (b) No affidavit or verification is required. Adopted March 16, 1981, effective May 15, 1981. ,.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HOGG PROPERTIES, LLC. Plaintiff File No. 2008-0899 VS. Civil Term PAUL DREES and ALICIA HOFFMAN Defendants CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I have this date served a true and correct copy of the Notice of Appeal from Award of Board of Arbitrators in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: MR PAUL DREES MS ALICIA HOFFMAN 507 E ELMWOOD AVE #4 MECHANICSBURG PA 17055 Dated: KODAK & IMBLUM, P.C. Robert D. Kodak Attorney I.D. No. 18041 Attorney for Plaintiff C) ? 1 Fes' 'Ct ?-' Q ---t 9l' C 0) HOGG PROPERTIES, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 08-899 VS. PAUL DREES AND ALICIA HOFFMAN, Defendants : CIVIL ACTION -LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Paul Drees and Alicia Hoffman, the Defendants in the above-captioned matter. Respectfully submitted, Date: r ?/?Z/o 'r- Palmer Lockard, Supervising Attorney I.D. #33681 Widener University School of Law Harrisburg Civil Law Clinic 3605 Vartan Way, 2"d Floor Harrisburg, PA 17110 (717) 541-0320; F-717-909-0442 lawclinichb(@mail.widener.edu a.