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HomeMy WebLinkAbout08-2809ARTHUR K. DILS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. DAVID W. DAVARE, CIVIL ACTION - LAW Defendant NOTICE TO DEFEND 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 within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 32 South Bedford Street Carlisle, Pa. 17013 (717) 249-3166 ARTHUR K. DILS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. a,'- a P09 &;;,?/ 7? DAVID W. DAVARE, CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, this f---day of May, 2008, comes the Plaintiff, Arthur K. Dils, and respectfully avers the following: 1. The Plaintiff, Arthur K. Dils, is an adult individual, who currently resides at 4407 Avon Drive, Harrisburg, Dauphin County, Pennsylvania 17112. 2. The Defendant, David W. Davare, is an adult individual, who is currently employed at Gullifty's Restaurant, located at 1104 Carlisle Road, Camp Hill, Pennsylvania 17011 and also, can be reached at his cell phone number, which is (717) 329-7838. The Defendant's residence is unknown; however he can be served at his place of employment. 3. The Defendant, David W. Davare, entered into a lease contract with the Plaintiff, Arthur K. Dils, for the premises located at 309 11 t" Street, Apartment 1 No. 5, New Cumberland, Pennsylvania 17070. A copy of said Lease is attached hereto and marked Exhibit "A". 4. The Lease Agreement commenced on April 28, 2006 and provided for rental payment in the amount of $395.00 per month. COUNTI BREACH OF LEASE AGREEMENT 5. Paragraphs One (1) through Four (4) of the foregoing Complaint are incorporated herein and made apart hereof by reference. 6. The Defendant, David W. Davare, failed to make timely rental payments as required under the Lease Agreement in the amount of $395.00 per month commencing December 2007, January 2008, February, 2008, March, 2008, and April, 2008. 7. The Defendant, David W. Davare, vacated the premises without making rental payments even though he repeatedly promised rental payments. 8. The Defendant, David W. Davare, vacated the rental premises in violation of the lease agreement. 9. The total rental payments due under the lease agreement are $1,975.00. 10. The Lease agreement also provided for late payments in the amount of $3.00 per day as of the third day of each month. 11. The total late payments due and owing are $1,317.00. 2 12. The Plaintiff made repeated requests of the Defendant to keep his rental payments current. He failed to make his rental payment as he agreed in the lease contract, which he executed. 13. The Defendant intentionally and willfully refused to make payments, and continued to occupy the premises, and denied access to the premises by the Plaintiff. This was done even after Notice to Quit was served upon the Defendant. 14.Notices to Quit the Premises were sent to the Defendant and the Defendant failed to comply with each notice, as he was given a time frame in which to do so. 15.As a result of the Defendant's breach of contract, it was necessary to advertise to have the apartment re-rented in the amount of $63.60. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $3,292.00 for rental payments due under the lease agreement plus interests and costs. COUNT II DAMAGES TO THE RENTAL PROPERTY 16.Paragraphs One (1) through Fourteen (14) of the foregoing Complaint are incorporated herein and made apart hereof by reference. 17.The Defendant agreed, under the terms and conditions of the leasehold agreement, a copy of which is attached hereto and marked Exhibit "A", that he 3 would maintain the premises in a good and proper manner, excluding normal wear and tear. 18. The Defendant violated his lease agreement in that he damaged carpet outside of the bathroom. The leasehold premises were rendered to the Defendant in excellent condition and the Defendant, through his actions or actions of his guest and others, caused the damages to the carpet and it had to be replaced occur. 19.The Defendant violated his lease agreement in that he damaged the existing linoleum in the bathroom. The leasehold premises were rendered to the Defendant in excellent condition and the Defendant, through his actions or actions of his guest and others, caused the damages to the linoleum and it had to be replaced occur. 20.The Defendant violated his lease agreement in that he damaged the tile surrounding the tub area, in that the tile was not kept in a clean fashion and a two foot square section of the tile was damaged and removed. The leasehold premises were rendered to the Defendant in excellent condition and the Defendant, through his actions or actions of his guest and others, caused the damages to occur. 21.The Defendant violated his lease agreement in that he damaged and broke the bathroom toilet seat. The leasehold premises were rendered to the Defendant in excellent condition and the Defendant, through his actions or actions of his guest and others, caused the damages to the toilet seat occur. 22.The Defendant violated his lease agreement in that he damaged the tub and shower area in that it was evidently not cleaned for a long period of time, there 4 was excessive dirt and debris inside the tub, stains in the tub, mildew in the tub, the drain was clogged in the tub. The leasehold premises were rendered to the Defendant in excellent condition and the Defendant, through his actions or actions of his guest and others, caused these damages to occur. 23.The Defendant violated his lease agreement in that he did not remove all of his goods from the apartment such as, nightstand, chest of drawers, and a dart board, clothing, beer bottles, trash, etc., which violated the lease agreement, which he executed. The Plaintiff had to pay for the removal of said items. 24.The Defendant violated his lease agreement in that he did not maintain a clean apartment in that the walls had to be scrubbed and cleaned because of soda stains, dried mucus, nasal contents on the bathroom wall and lack of cleaning to the other wall areas in the apartment, mainly in the living area. The leasehold premises were rendered to the Defendant in excellent condition and the Defendant, through his actions or actions of his guests and others, caused the damages to occur. 25.The Defendant violated his lease agreement in that he did not maintain cleanliness on the electric range in that the stove and oven area were caked with burnt material and there was evidence that there was no attempt to clean the same. The leasehold premises were rendered to the Defendant in excellent condition and the Defendant, through his actions or actions of his guest and others, caused the damages to occur. 26.The Defendant violated his lease agreement in that he damaged and did not clean nor maintain the blinds throughout the premises. Certain blinds were damaged and had to be replaced. 5 27.The Defendant violated his lease agreement in that he did not maintain the countertop in the area of the bathroom sink, faucet, and shut off valves, which required replacement in that the items were filthy, caked with soap and mold, requiring replacement and no tenant would ever accept premises in this condition. The leasehold premises were rendered to the Defendant in excellent condition and the Defendant, through his actions or actions of his guest and others, caused the damages to occur. 28.The Defendant violated his lease agreement in that he broke the screen door so that it would not shut properly. The leasehold premises were rendered to the Defendant in excellent condition and the Defendant, through his actions or actions of his guests and others, caused the damages to occur. As a result of the Defendant's breach of contract, it was necessary to have the storm door replaced in the amount of $150.00. 29.The Defendant violated his lease agreement in that due to the Defendant's willful neglect, the bathroom required new flooring. The leasehold premises were rendered to the Defendant in excellent condition and the Defendant, through his actions or actions of his guest and others, caused the damages to occur. 30.The Defendant violated his lease agreement in that the walls were in such a deplorable condition that they required two coats of paint, after the necessity to wash down the walls, prior to painting. The leasehold premises were rendered to the Defendant in excellent condition and the Defendant, through his actions or actions of his guest and others, caused the damages to occur. 6 31.The Defendant violated his lease agreement in that the range and refrigerator were left in a deplorable and unclean condition. The freezer section of the refrigerator was stained with a red colored substance, which was not the condition at the time in which Defendant took residency. 32.The Defendant violated his lease agreement in that the carpet was soiled and stained in various areas, requiring spot cleaning and shampooing. The leasehold premises were rendered to the Defendant in excellent condition and the Defendant, through his actions or actions of his guests and others caused the damages to occur. 33.As a result of the damages set forth above, it was necessary to obtain the services of Shomper Construction. The owner of Shomper Construction and his employees were contracted to rectify, repair and renovate the damage that was caused by the Defendant. 34.The total amount which was expended and which was paid to Shomper Construction Four Thousand Ninety-three and 00/100 ($4,093.00) Dollars. WHEREFORE, Plaintiff demands judgment in the amount of $4,093.00 minus $395.00 security deposit for an amount due as a result of damages caused by the 7 Defendant above and beyond normal wear and tear of $3,698.00, plus interest and costs of suit. Resp lly submitted, BY. Arthur K. Dils, pro se 4407 Avon Drive Harrisburg, Pa. 17112 (717) 232-9724 8 LEASE AGREEMENT 1. PARTIES This lease is made on 2006, between the landlord: Arthur K. Dils, address: 4407 Avon Drive, Harrisburg, Pennsylvania 17112, and the tenant: David W. Davare. 2. PROPERTY The landlord agrees to rent to the tenant the property described as: Apartment #5, located at 309 11th Street, New Cumberland, Pennsylvania 17070. 3. CONDITIONS a) The rent for the property is $395.00 per month. The tenant must pay the rent on the 1 st day of the month and deliver it to the landlord at the above address. b) If the tenant fails to pay the rent on the due date, the landlord may end this Lease. If the rent is more than three (3) days late, the tenant must pay a late fee of $3.00 per day. The late fees specified are reasonable estimations of the losses the landlord will suffer as a result of late payment of rent. c) List of utilities or other charges the landlord or tenant will pay: Landlord Tenant Heat X Electricity X Water/Sewer X Lawn Care X Snow Removal X Garbage X Telephone X Television x d) The term of this Lease is one (1) year beginning on May 1, 2006, and ending on April 30, 2007. In the event that the tenant should break this Lease without the written permission of the landlord, the unpaid rent for the remainder of this Lease will become immediately due and owing to the landlord. e) The parties hereto acknowledge that tenant will have access to the apartment as of May 1, 2006, and simultaneously with the execution of this Lease, tenant has paid the sum of $395.00 the rental for the period of May 1, 2006, until May 31, 2006, in addition to the security deposit in the amount of $395.00, receipt of which is acknowledged. f) When the Lease's term ends, it will automatically renew for a term of one year. If the landlord or tenant does not want to renew the Lease, he must give the other 30 days written notice before the end of the term. g) The tenant has checked the property and agrees that it is in clean and good condition. At the end of this Lease, the tenant will return the property to the landlord in the same clean and good condition. h) The tenant will only use the property for residential purposes. i) The maximum number of people that can occupy the property is one. Only those people listed in this Lease can occupy the property. No new tenants can move in without the written approval of the landlord. J) The tenant's promise to pay the rent is separate from all other promises in this Lease. The tenant agrees to pay the full rent each month. If the landlord owes the tenant any money, the tenant agrees not to deduct it from the rent due or from any other money owed to the landlord. 4. REPAIRS The tenant will notify the landlord promptly if any part of the property is damaged or destroyed. The tenant is responsible for any damage or destruction done to the property by her actions or negligence, or by the actions or negligence of her family or guests. The tenant must make all repairs and replacements to fix such damage or destruction. If the tenant fails to do so, the landlord may do it and add the expenses to the next month's rent. 5. LANDLORD'S ENTRY ONTO PROPERTY The Landlord can enter the property at reasonable times on 24 hours notice to the tenant. The landlord can enter the property to inspect it; make repairs, alterations or improvements; supply services; or, show the property to prospective buyers, lenders, contractors, insurers, or tenants. In case of emergency, the landlord can enter the property at any time without notice to the tenant. 6. TENANT'S RESPONSIBILITIES All tenants and other people the tenant allows on the property promise to: a) Obey all local, state and federal laws. b) Keep the property clean and safe. c) Use all utilities, facilities and fixtures in a safe and responsible way. 2 d) Promptly remove all trash and debris from the property as required by the landlord and local ordinance. e) Not deliberately or negligently destroy, deface, damage, or remove any part of the property or grounds. f) Not unreasonably disturb the peace of the landlord, other tenants or neighbors. g) Promptly notify the landlord of conditions that need repair. h) Make no major changes to the property, such as painting, rebuilding, removing, repairing or improving without the landlord's written consent. Alterations become the property of the landlord. The tenant cannot remove improvements and the landlord does not have to pay for any changes or improvements made by the tenant. i) Keep nothing on the property that is highly flammable, dangerous, or substantially increases the danger of fire or injury, j) Allow the landlord to put up "for sale," "for rent," or other signs. k) Move out of the property when the Lease ends. 1) Protect his personal belongings with renter's insurance. The landlord will not be responsible for any loss, damage, or destruction to the tenant's personal property. 7. LANDLORD RESPONSIBILITIES The landlord promises to: a) Maintain the property and common areas in the manner required by law. b) Keep the property in good repair and good working order. C) Continue all services and utilities that the landlord has agreed to provide. d) Allow the tenant to enjoy the property without interference so long as the tenant obeys all the rules in this Lease. 8. LANDLORD RIGHTS a) The tenant gives up his right to receive notice before the landlord begins an eviction. b) If the tenant fails to pay any one month's rent on or before the due date, or the tenant breaks any other provision in this Lease, the landlord may end this Lease immediately and file a lawsuit to evict the tenant. c) Besides ending this Lease and evicting the tenant, the landlord can sue the tenant for unpaid rent, other damages, losses, or injuries. If the landlord gets a judgment for money against the tenant, the landlord can use the court process to take your personal goods, furniture, motor vehicles and money in banks. The landlord may also be able to attach your wages to recover money for damages done to the property. 3 d) The landlord may recover reasonable legal fees and costs from the tenant for any legal actions relating to the payment of rent or the recovery of the property. 9. ABANDONMENT The property will be considered abandoned by the tenant if: a) The tenant gives the landlord notice that he will not return to the property; b) The tenant removes his personal belongings from the property, fails to pay the rent, and does not return for 15 days; c) The tenant fails to pay the rent and does not return to the property for one month; or d) The tenant leaves personal belongings in the property after the end of the Lease. If the tenant abandons the property, the landlord may enter and relet the property. In this case, the landlord may also remove and dispose of any personal property left behind by the tenant. 10. SECURITY DEPOSIT a) The security deposit is $395.00 which is equal to one months' rent. b) The tenant cannot use the security deposit to pay rent without the written approval of the landlord. c) The landlord can use the security deposit for unpaid rent and damages that are the tenant's responsibility beyond normal wear and tear. d) When the tenant moves out, the landlord will prepare a list of charges for damages and any unpaid rent. The landlord can deduct these charges, if any, from the security deposit and will return the balance within 30 days. The tenant must give the landlord written notice of the tenant's new address or make other arrangements with the landlord for the return of the security deposit. 11. TENANT TRANSFER OF LEASE The tenant cannot lease the property to any other persons or let any other person take over the tenant's rights and duties under this Lease, unless the landlord first gives written approval. 12. PRIORITY OF LEASE & SALE OF PROPERTY If the landlord sells this property, the purchaser can end this Lease. All mortgages that now or in the future affect the property have a priority over this Lease. 4 If the landlord sells the property, he will give the tenant written notice stating the name, address, and phone number of the new landlord and where and to whom to pay rent. The landlord must also inform the tenant whether the security deposit was transferred to the new landlord. If the landlord does not transfer the security deposit, the landlord must return it to the tenant as described in this Lease. 13. AGREEMENT This Lease contains the complete agreement between the landlord and the tenant. The landlord and tenant can change this Lease only by a written agreement signed by both. If more than one tenant signs this Lease, each tenant assumes full liability for all the obligations in this Lease. Each part of this Lease should be interpreted so that it agrees with the current law. If the law does not allow a certain part of this Lease, then that one part will be ineffective without invalidating the rest of the section or the rest of this Lease. 14. ADDITIONAL TERMS & CONDITIONS The Rules and Regulations indicated below are part of the Resident Lease between the Landlord and Tenant. A violation of any of the Rules and Regulations is a violation of the Lease and the party not in violation shall be entitled to exercise any remedies provided in the Lease. a) No alternate heating sources such as kerosene heaters and space heaters shall be permitted to be operated within the leased premises without prior consent in writing of landlord. b) The use of charcoal or flammable gas grills is not permitted in the leased premises or on any balcony, patio, or other common area of the property upon which the leased premises is located. c) Tenant shall not place or permit to be placed or stored items on any windowsills, ledges, or balconies. Tenant shall not hang laundry or other items from the balconies, windows and common areas. d) Tenant may install window treatments or draperies in the leased premises. e) Tenant shall observe "quiet hours" between the hours of 11:00 p.m. o'clock and 10:00 a.m. o'clock daily. f) No waterbed shall be permitted within leased premises. g) Tenant shall not install shelving, picture hooks, paste-ums, wallpaper, fa iFA-or alter in any way the features of the leased premises without the ?G prior consent in writing of landlord. Limited picture hooks or nails may be utilized, but shall be limited to two holes per room. 5 h) Tenant shall be responsible for testing all fire warning devices such as smoke detectors and fire alarms within the leased premises. Tenant shall notify landlord if any fire warning or fire abatement device is not functional. Tenant shall not disable, or permit to be disabled, any fire warning device or discharge any fire extinguisher. i) Tenant shall not go upon the roof of the building within which the leased premises is located and shall not enter any area clearly designated as being closed to tenants and others. j) No radio or television reception devices such as antennas or satellite dishes shall be installed upon the leased premises or in the common areas around the leased premises. k) Tenant shall not permit the premises to be unoccupied for longer than ten (10) consecutive days without notifying the landlord (or landlord's designated agent). 1) No alcoholic beverages shall be consumed in the common areas of the building and grounds within which the leased premises are located. m) Tenant shall keep the leased premises and the common areas free from litter and rubbish. Tenant shall deposit all trash and rubbish from the leased premises into the designated common waste disposal containers. l ARTHUR K. DILS LANDLORD OR AGENT LD . ?. DAVID W. DAVARE, TE ANT 6 VERIFICATION I verify that the statements made in this COMPLAINT 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. ARTHUR K. DILS Date: APRIL 29, 2008 X,J F11 ? ? t ^T" { } 71 bil SHERIFF'S RETURN - REGULAR CASE NO: 2008-02809 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DILS ARTHUR K VS DAVARE DAVID W STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVARE DAVID W the DEFENDANT at 1845:00 HOURS, on the 8th day of May , 2008 at GULLIFTYS RESTAURANT 1104 CARLISLE ROAD CAMP HILL, PA 17011 by handing to DAVID DAVARE 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 51iylo P. 18.00 16.00 .00 10.00 .00 44.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 05/09/2008 ARTHUR DILS By: ?ZZ?0? Deputy Sheriff A. D. ARTHUR K. DILS, Plaintiff Vs. DAVID W. DAVARE, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2809 CIVIL ACTION - LAW PRAECIPE Please make the above captioned matter settled and discontinued. 7Res fully submitted, i BY-? Arthur K. Dils, Esquire 1400 N. Second Street Harrisburg, Pa. 17102 (717) 232-9724 I.D. No. 07056 Date: June 23, 2008 c? h., -r? ?L rn , °r: ? ?:_ ; rv ? w+.?