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HomeMy WebLinkAbout04-1518COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT Cumberland DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL ~/~/ q/~'/43,~ Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. ~¢HT'~;[j~"" ~'1 ~J'~' NAME OF APPELLANT / MAG. DIST. NO. OR NAME OF D.J, Jason Fetter, et al.,. ~ I10~ t ~'~ ~%~ / Hon. Pauta P. Correal ADDRESS OF APPELLANT CITY STATE ZIP CODE 748 Vallamont Drive Williamsport PA 17701 CATE OF JUDGMENT ~ IN THE CASE OF (PLAINTIFF) (DEFENDANT) 3/09/04 I Fetter, Jaeo~ K., et al. vs. Landis, Troy CLAIM NO.CVLT YEARyEAR 0000461-03__. SIGNATURE OFAPPELLAN~I'OR HISATTORNEY?~ This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before distdct Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. rF NOT USED, detach from copy of notice of appeal to be serv6d upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) , appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To , appellee(s) Name of appellee(s) Signature of appellant or his attorney or agent (1) (2) (3) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. The date of service of this rule if service was by mail is the date of the mailing. Date: , Year Signature of Prothonotary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow ~ Appelant's Copy Pink - Appellee Copy Gold - D.J. Copy Proth. - 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby swear or affirm that I sewed ; ss j'~a copy of the Notice of Appeal, Common Pleas No. ., upon the District Justice designated therein on (date of service) , year , r"Iby personal service r--~by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on , year ___, [] by persona[ service [] by (certified) (registered) mail, sender's receipt attached hereto. J~J and further that I served the Rule to File a Complaint accompanying the above Notice o! Appeal upon the appellee(s) to whom the Rule was addressed on , year ____, [] by perseaai service F-Jby (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR My commission expires on __ __, year --- COMtv}ONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09'2-01 PAULA P. CORREAL ~d~e~: i COURTHOUSE SQUARE CARLISLE, PA (717) 240-6564 17013°0000 AMBROSE HEINZ 3027 N 3RD STREET HAILRISBURG, PA 17110 NOTICE OF JUDGMENT/'rRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~ETTER, JASON K, ET AL. 748 VA/.J..~M, IONT DR WILLIAMSPORT, PA 17701 VS. DEFENDANT: NAME a,d ADDRESS CLANDIS, TROY 74 W POMFRET ST CARLISLE, PA 17013 Docket No.: CV-0000461 -03 I ~ Date F ed: 12/15/03~ T~IS IS TO NOTIFY YOU THAT: Judgment: - E~ Judgment was entered for: (Name) Judgment was entered against: (Name) FOR DEF~IDANT T,~NT)TR~ PETTRR, JASON K, ET AT,. in the amount of $ .00 on: (Date of Judgment) [~ Amount of Judgment Subject to AttachmentJ42 Pa.C.S. § 8127 $ --]Portion of Judgment for physical damages arising out of residential lease $ Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. (Date & Time) Amount oi Juagment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVlOEO IN THE RULES OF CIVIL PROCEOURE FOR OISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT, 03-09-04 Date ./~ ,: ~.*r ' D,stn~ Ju~c¢ I ceaify that th s s a true a~ct cop~ recor~tho ~rocood~co~ tho ~udomont. % 03-09-04 Date ~ ~ ~ r , Dist~ct Ousti'~ My commission expires first Monday of January, 2006 '"~ S~AL - AOPO315-O3 DA~ PRI~: 3/09/0A 8=52:35 ~ PROOF OF SERVICE OF NOTICE OF APPEAL AND RIJLE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~.UN6E~I.-I~N D ; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. ~)/.~ -. J ~'1 ~ , upon the District Justice designated therein on ~' (date of service) ~c~,~//.. ~/(.~ ,year4)~...~, Obypersonalse~ice ~by~b, ee~mail, sender's receipt attached hereto, and upon the appellee, (name 7"'~0 Y ~.~JV~ I,.~' , on ~L~---- ~ ((;:> , year 2..OO'~ , [] by personal service [] by ~) ~ mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , year , [] by pemonal service [~by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND~SUB_SC} IBED BEFORE ME My commission expires o~ , year COMMONWEALTH OF PENNSYLVANI6 Notarial Seal Jean M..V. lugas, Notary Public Ci~ of Han'iJbtu~ Dauphin Cou~0~06 My Commissian Expires Jan. 14, Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is giver~ that the appellant has filed in the above Coud of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. D~ST. NO. Off NAME OF D,J, ADDRESS OF APPELANT C~ STATE ZiP CODE 748 ValZamont Drive wi~liam~port PA 17701 DATE OF JUDGMENT I IN THE CASE OF (P~NT/FF) (OEFENOA~) 3/09/04 ~ ~tte~, ~so~ ~,, et aL vs. ~a~8~, ~o7 00004 6 ~ --03~'. SIGNATURE OF APPELANT OR HiS A~ORN~ CLAIM NO, CV YEAR LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before d/strict Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOT/CE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice o! appeal to be ea~ted upon appellee. PRAEClPE: To Prothonotary Enter rule upon Name of appellee(s) , appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To Signature of appellant or his attorney or agent , appellee(s) Name of appellee(s) , . ~ (1) You are notified that a rule is hereby entered upon you to file a complaint in th!s~ao0eal Within twenty(20) days after the date of service of this rule upon you by pemonal service or by cerlified 6r'-~-'regiStered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL B~ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: , Year White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D.J. Copy Signature of Pro~r Deputy Proth. - 76 2606 92~2. 9000 200~ JASON FETTER, AMBROSE HEINZ, GREGG HILZER AND MANDY LLOYD, Plaintiffs TROY LANDIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CV 04-1518 CIVIL ACTION IN LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mgs adelante en las siguientes pfiginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu~s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqul en contra suya. Se le advierte de que si usted falla de tomar acci6n 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 reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mils aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO 1NMEDIATAMENTE. SI USTED NO TIENE LIN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFIC1NA. ESTA OFICINA PUEDE PROVEERLE 1NFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFIC1NA LE PUEDA PROVEER 1NFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 397154vl JASON FETTER, AMBROSE HEINZ, : IN THE COURT OF COMMON PLEAS GREGG HILZER AND MANDY LLOYD, CUMBERLAND COUNTY TROY LANDIS, PLAINTIFFS DEFENDANT NO. CV 04-1518 CIVIL ACTION IN LAW COMPLAINT Plaintiffs, Ambrose Heinz, Jason Fetter, Gregg Hilzer and Mandy Lloyd, by and through their attorney, Ambrose W. Heinz, Esquire, hereby file this Complaint and in support thereof, aver as follows: 1. Plaintiff, Jason Fetter, is an adult individual residing at 748 Vallamont Drive, Williamsport, Lycoming County, Pennsylvania. 2. Plaintiff, Ambrose Heinz, is an adult individual residing at 3027 N. 3roi Street, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff, Gregg Hilzer, is an adult individual residing at 494 Kings Road, Yardley, Pennsylvania. 4. Plaintiff, Mandy Lloyd, is an adult individual residing at 214 Reynolds Mill Road, York, Pennsylvania. 5. Defendant, Troy Landis, is an adult individual with a business address of 74 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania. 6. Venue is proper in this Court in that the Defendant is a resident of Cumberland County. 7. Plaintiffs Jason Fetter, Ambrose Heinz, Gregg Hilzer and Mandy Lloyd (collectively hereafter "Tenants") entered into two separate lease agreements 10. 2003. 11. (hereafter, collectively "Leases") as tenants with Troy Landis (hereafter "Landlord") on or about May, 2002 for a residential property located at 240 West Pomfret Street, Carlisle, Pennsylvania (hereafter the "Premises"). Copies of said Leases are attached hereto and made part hereof collectively as Exhibit "A". One lease was executed by Plaintiffs Jason Fetter and Mandy Lloyd, and the second lease agreement, with identical terms, was executed by Plaintiffs Ambrose Heinz and Gregg Hilzer. At all times relevant to this action, Plaintiffs utilized the entire premises as a single apartment, and Defendant was in fact aware that Plaintiffs intended to do SO. The terms of both Leases were to run from August 1, 2002 to August 1, Pursuant to the Leases, Plaintiffs deposited in escrow with Landlord the sum total of $1,110.00 as a security deposits for the Premises, being the total amount of one months rent for both apartments located on the Premises. 12. The Leases provided that Plaintiffs would be liable only for "damages (beyond normal wear and tear) that are tenant's responsibility," and that such damage would automatically be deducted from the security deposit. (emphasis added) 13. Plaintiffs, cleaned the entire Premises, by inter alia vacuuming all the carpets, cleaning the bathrooms, and washing all the exposed hard-wood floors on both levels of the Premises. Prior to vacating the Premises, Plaintiffs and/or agents acting on behalf of 14. In addition, prior to vacating the Premises, Plaintiffs visually inspected the carpeting on both the 1st and 2na floors of the Premises, and did not perceive any damage in excess of normal wear and tear. 15. In addition, Plaintiffs visually inspected the floors and ceilings on the 1st and 2na floors of the Premises, and did not pemeive any damage in excess of normal wear and tear. 16. On or before August 1, 2003, Plaintiffs vacated the premises, returning all keys, and providing Landlord with the address of Jason Fetter to send the security deposits. 17. On or about August 26, 2003, Mr. Fetter received notice that Landlord was retaining $689 of the security deposit (hereafter "Letter"). Said letter is attached hereto and made part hereof as Exhibit "B". 18. Landlord included with said Letter a check for $421.00. A copy is attached hereto and made part hereof as Exhibit "C". 19. Although the Letter listed the alleged expenses the Landlord claimed to have incurred on both apartments, it gave no indication or description of any damage found in excess of normal wear and tear to substantiate the expenses. 20. The Letter listed the following damages: First Floor: Cleaning $85.00 Carpet Cleaning $79.50 Painting $380.00 Second Floor: Cleaning $85.00 Carpet Cleaning $79.50 21. Landlord at no time provided any justification, written or otherwise, for these deductions in the form of a description of damages that allegedly had occurred to the Premises. 22. Due to Landlord's failure to adequately describe damages in excess of normal wear and tear, Tenants were not able to ascertain the precise damages to the property that Landlord referenced in his withholding a substantial portion of the escrowed amount. 23. In response to the Letter, Mr. Fetter requested receipts from Landlord as proof of aforementioned work. 24. On or about September 10, 2003, Landlord provided, via facsimile, a receipt from a painter from August 2003 for $788.61, a carpet cleaning bill for $79.50, and a bill for painting completed prior to Plaintiffs occupying the premises. A copy of said facsimile is attached hereto and made part hereof as Exhibit "D". 25. This facsimile transmission provided no explanation or description of the alleged damage to the premises in excess of normal wear and tear as per the Leases. 26. Furthermore, Landlord claimed the alleged cleaning had been performed by his wife, and therefore no record or receipt of payment was available. COUNT I Action in Assumpsit to Recover Improperly Held Escrowed Funds 27. Paragraphs 1 through 26 are incorporated herein by reference as though fully set forth. 28. The burden of proof of actual damages to the premises resides with the Landlord under the Landlord Tenant Act. 68 P.S. §250.512(c). 29. Plaintiffs believe, and therefore aver, that as of the date they vacated there was no damage to the leased Premises in excess of normal wear and tear. 30. Landlord has at no time offered testimony or demonstrated proof that any of the alleged "damages" to the Premises were in excess of normal wear and tear, other than to state that he would not have incurred the expense otherwise. 31. Landlord cannot retain the security deposit without first showing that Tenants damaged the property in excess of normal wear and tear as pursuant to the Leases. 32. Landlord has improperly withheld the security deposit of the Plaintiffs in the amount of $689.00. 33. Landlords failure to return the entire escrowed amount to the Plaintiffs constituted a breach of the respective lease agreements with the Plaintiffs. 34. The aforementioned breach of Defendant has resulted in a loss to Plaintiffs in the amount of $689.00. WHEREFORE, Plaintiffs Jason Fetter, Ambrose Heinz, Gregg Hilzer and Mandy Lloyd respectfully request this Court to enter judgment in their favor against Defendant Troy Landis in the amount of $689.00, together with interest, costs, and such other damages that the Court may deem appropriate. COUNT II Violations of the Landlord and Tenant Act of 1951 35. Paragraphs 1 through 34 of this Complaint are incorporated herein by reference as though fully set forth. 36. The Landlord and Tenant Act provides that upon a tenant surrendering a leasehold, the landlord must provide within thirty (30) days "a written list of any damages to the leasehold premises for which the landlord claims the tenant is liable," together with the difference between the security deposit and damages claimed. 68 P.S. §250.512(a)(2003). 37. Subsection (c) of §250.512 of the Landlord and Tenant Act of 1951 provides that failure of the landlord to provide to the tenant a written list of damages to the leased premises within thirty (30) days will result in liability for double the amount deposited in escrow. 68 P.S. §250.512(c). 38. The purpose of these provisions of in the Landlord and Tenant Act, 68 P.S. §250.512, are to prevent landlords' unsubstantiated, wrongful withholding of tenants' security deposits. Baer v. Fetrow, 43 D. & C.3d 435 (1987). 39. Landlord's Letter did not constitute a written list of damages to the Premises as required by the Landlord and Tenant Act because it failed to list any actual damage done to the Premises. 40. In failing to provide the written list of damages to Plaintiffs within (30) days as required by the Landlord and Tenant Act, Section 250.512(a), Defendant forfeited his right to withhold any portion of the funds deposited in escrow under Subsection 250.512(h) of the Act. 41. As a result of Defendant's failure to provide a written list of damages as required by the Landlord and Tenant Act, Plaintiffs were unable to properly respond to the claimed expenses of the Defendant. 42. Defendant has failed to fulfill his obligations as detailed by the Landlord and Tenant Act, and is therefore liable to the Plaintiffs for damages arising pursuant to the Act, including a return of double the mount deposited in escrow, together with interest. WHEREFORE, Plaintiffs Jason Fetter, Ambrose Heinz, G-regg Hilzer and Mandy Lloyd respectfully request this Court to enter judgment in their favor against Defendant Troy Landis in the amount of $1,378.00, together with interest, costs, and such other damages that the Court may deem appropriate. COUNT III Violation of Unfair Trade Practices and Consumer Protection Law 43. Paragraphs 1 through 42 of this Complaint are incorporated herein by reference as though fully set forth. 44. Landlord attempted to keep a security deposit and misrepresent the existence and extent of damages made by the Tenants to the respectively leased Premises in bad faith. 45. The actions described in the preceding paragraph violates the Unfair Trade Practices and Consumer Protection Law pursuant to 73 P.S. 201-1 et seq. Wallace v. Pastore, 1999 Pa. Super. 297, 742 A.2d 1090 (1999). 46. Plaintiffs are entitled to attorneys' fees and treble damages under the Unfair Trade Practices and Consumer Protection Law. 73 P.S. 201-9.2. WHEREFORE, Plaintiffs Jason Fetter, Ambrose Heinz, Gregg Hilzer and Mandy Lloyd respectfully request this Court to enter judgment in their favor against Defendant Troy Landis in the amount of $2,067.00 together with attorneys' fees, interest, costs, and such other damages that the Court may deem appropriate. By: Respectfully submitted, Ambrose W. Heir~z ' Sup. Ct. I.D. No. 91021 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 - Phone (717)236-1816 - Fax Attomey for Plaintiff ' ~ ~ ~ ~' , . ,,, ~. ~,,,, .._~~~i~~ - IITCFORI'; MOVINO TN~'I'IcNA~ I'AYB 0 clcc~clty ~ snow rcmuval · - n Ca scs q. ~1~t o}.e~,. .~,~ ~,~ CONI)I'L'IONOI~'PI(OPI~ICI~ ...... . Mid ml~ clnnK¢.1~o~h~ToP~rly~Xc~14nsfu~: ~ F. ~i)~11 ,Fi~ ,wdA~cz f(~rLudl( cc fy (A~cnl's Si~n~turu) _,~ A. X~n~rsl ~rllt: 2. Vt i~hdl~d~{i~uy or der;icc uny pal of tl,u ~n~cilY' ceiH.L~ mu[ flou.s drnTna~ scc~uily hcaiinl~ wa~ K. Lundh,ls, t will ~up 1ly i. IlliLi~f n d ~ c~ ut listed {I) p~nqgrnph { t (Uliht,. ur.l Services) 32, 3:3. 3.L 35, 2. Wh~m Lcnl ls Lo Iv~ I~dd, 'fI~NANT IIA5 FEWER lilGII'~ 'I'IIAN MOI~I'OAOR LI~IIgR TIllS I.T[ASH IS A LEGAL CO~CE IF TENANT IIAS LI[GAb QUILSTION~, TI~NA~ 15 AD'VISED ~'0 TALK WITNF.~S WITNFZ,~ ........................ WITNESS WITNESS ~4~-i~-ob- . -' " "~ " ." " ~ ,~ -' I /OI'IHI'I'Y , ~ , ~-:~L.. ;.k~G I)A'I'F~ ov~SI~ (~ I ~ c~,,~_ ~c.., . 9. IlEIrOlll': MOVIN(] IN''I I~NA~ I Al S ' , ' ' $ ~-- --- '~ '"~ s.~ I) 'l'c~i~i p~ for E] I~a~ ~ wnser co~I uwr yc~rl~ IL ~I'I,:CIAI, CI,AU~I]~ Any spccl~l clmIs~ mull compl~ u'ith Augmt 26, 2003 Jason Fetter 748 yailmnont Drive Williamsport, PA 17701 Re: 240 West pomfrct Street Carlisle, PA 17013 Dear Jason: '--- J~oslt for the first Enclosed plea.~* find a cheek in the amount of $421.00 for the seeumy u~p · and ,,~,ond floor aparm~ents for the above property. Below I have itemized expenses iucurred for each property: ~Secomt~Floor First Eloor Cleaning $ $5.00 Cleaning $ 85.00 Carpet Cleaning 79.50 Carpet Cleaning 79.50 Painting ~ painting $164.50 $544.50 Security Deposit $565.00 Less Exposes 5_44 50 Total Due $ 20.50 SccuriB,' Deposit $565.00 Less Expenses l_kb_64, 50_ Total Due -. $400'50 Sincerely, Troy I4. Landis THldmll. EnclosUre LAW IAI, PAGE OBfiFm]ET BTmtKT, cABLISLF-, fA 19013 "Td Ii. ST T7(17) 7,dIS-gSZ2 ~&X ,T~?.:~49-0296 III 1 VQHS L~W PA~'-,E 82 HEM-D R'¢~ F them-Dry of 4525 Mt. Zion Dr. Enola, PA. 19025 -732-6992 -732~7941 Fax INDE~;NDEN31.Y OWNED AND OPE~ATEO ~064~ Cost of Csrp~ Pr~eetlon for this jot) is $ _.____--- Does Customer want service? .J Yes ;J No Please pay from this invoice, no bill will be sent. " X ,J Che~ 7172490295 P~GF-. ~3 ~0 THANK You VERIFICATION I, Ambrose Heinz, hereby states that the facts contained heroin are tree, correct and accurate to the best of his knowledge, information and belief. I further understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Dated: Ambrose Heinz ~p~-26-200~(MON) 09:18 P. 01~/OI~ t- VERIFICATION I, Mandy Lloyd~/9~'cby stat~ that the fa~t$ contained h~a,zin ar~ true, corrc'ct and accurat~ to the best o'f~k, nowledge, iifformatton and b~licf. ]' fi.h-t, her xmdc'rstand that false ~<c~_._omcnts madc hea~in are subject to thc penaltics of 18 Pa~C,S. Section 4904 relating to unawom falsificalion 1o authorlites, Dated: MandyLloyd )~]~,/" [ ~PR-26-2004 MON 01:22 PM Ffi× NO, P, 02/02 I, 3~ason Fcltcr, hereby states that the facts contained heroin ar~ true, oorrect ansi accurate to fl~e best of his knowledge, information and b~lief, I further understand that false statements made heroin ar~ subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom l'alsification to authorities. 305654vl CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pa. R.C.P., by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, First Class Mail, postage prepaid, as follows: Troy Landis 74 West Pomfret Street Carlisle, PA 17013 Jacqueline M. Verney, Esquire 44 S. Hanover Street Carlisle, PA 1'7013 DATED: April 27, 2004 By: METTE, EVANS & WOODSIDE Ambrose W. Heinz, Esquire Sup. Ct. I.D. #91021 3401 North Front Street P.O. Box 5950 Harrisburg, P 1711{)-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorney for Plaintiffs 396484vl JASON FETTER, AMBROSE HEINZ, GREGG HILZER AND MANDY LLOYD, TROY LANDIS, Plaintiffs Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CV04-1518 CIVIL ACTION IN LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark this case discontinued with prejudice. Respectfully submitted, METTE, EVANS & WOODSIDE By: Ambrose W. Heinz, Esquire Sup. Ct. I.D. No. 91021 3401 North Front Street P. O. Box 5950 Harrisburg, PA 171110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Date: ~ /~ 2~>,q' CERTIFICATE OF SERVICF, I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pa. R.C.P., by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, First Class Mail, postage prepaid, as follows: Jacqueline M. Vemey, Esquire 44 S. Hanover Street Carlisle, PA 17013 By: METTE, EVANS & WOODSIDE Ambrose W. Heinz, Esquire Sup. Ct. I.D. #91021 3401 North Front Street P.O. Box 5950 Harrisburg, P 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attomey for Plaintiffs 406942v!