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Home My WebLink About04-1636TIMOTHY HOGG Plaintiff ANDREA SHUMAKER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - 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 obi ections 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 TIMOTHY HOGG Plaintiff ANDREA SHUMAKER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW COMPLAINT The Plaintiff, TIMOTHY HOGG, by his attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of EIGHT HUNDRED THIRTY-SIX DOLLARS AND FIFTY-FIVE CENTS ($836.55), along with interest thereon from September 23, 2002 upon a cause of action of which the following is a statement: 1. The Plaintiff, TIMOTHY HOGG, is an adult individual with a mailing address of Post Office Box 624, New Cnmberlaud, Cumberland County, Pennsylvania 17070. 2. The Defendant, ANDREA SHUMAKER, is an adult individual residing at 215 Meadows Road, Newville, Cumberland County, Pennsylvania 17241. 3. On July 25,2001 Defendant did enter into a Rental Agreement with Plaintiff. A true and correct copy of said Rental Agreement is hereto attached, Marked Exhibit "A" and made a part hereof. 4. The balance due and owing by Defendant to Plaintiff is the sum of Five Hundred Ninety-Three Dollars and Thirty Cents ($593.30), as appears by Plaintiff's Invoice hereto attached, marked as Exhibit "B" and made a part hereof. 5. Due to the default of Defendant, and pursuant to the terms and conditions of the Rental Agreement executed by Defendant at said Exhibit "A", attorney's fees in the total amount of Two Hundred Forty-Three Dollars and Twenty-Five Ceots ($243.25) have been added to said account. F:\USER\STACY\CCP COMPLAINTS\WORK\30091 hogg.wpd: 10Mar04 6. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of EIGHT HUNDRED THIRTY-SIX DOLLARS AND FIFTY-FIVE CENTS ($836.55), along with interest thereon from September 23, 2002. Respectfidly submitted, Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\STACY\CCP COMPLAINTS\WORK\30091 hogg.wpd: 10Mar04 3 RENTAL AGREEMENT THIS IS A LEGAL DOCUMENT. By signing, the Tenant agrees that Tenant ~as read this lease and has had the opportunity to ask questions about the lease. The THIS IS A LEASE. Timothy Hogg is the Landlord. Andrea Sh%unaker is the Tenant. This lease is for Apartment # 17025 5 aZ 5 Addams Street, Enola, PA This lease begins on August 1, 2001. This lease ends on July 31, 2002. Tenant must Notify Landlord in writing thirty days before the end of this lease that Tenant is moving out. If 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 30 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 $7224(yearly} payable in monthly installments of $602 Rent is due in advance on or before the FIRST day 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. SEcuaITY DEPOSIT: The Tenant has deposited an amount equal to one half month's rent as a SECURITY DEPOSIT. This security deposit is held by the Landlord 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 payingpart of the rent due. Tenant MAY NOT USE SECURITY DEPOSIT AS RENT INCREASED REITT IF PAID AFTER THE FIRST DAY OF THE MOB'rn: Increased rent begins the FIRST DAY of the month. A ren dollar rent charge begins on the first day, and five dollars for everv day after the first day of the month. These charges cover increased administrative costs and damages~ ACCEPTANCE 0F PROPERTY: The Tenant has examined the apartment and the apartment is in satisfactory condition. The apartment is lea~ed in AS-IS condition. Tenant agrees that no agreement is made to redecorate, r~pair or improve the apartment unless specifically written here:/~ SMALL REPAIRS DURING TENANCY: Tenant is responsible for small repairs such as stuck windows, loose screws, backed up toilets/bathtubs/sinks. Tenant is also responsible for lightbulbs and fuses as they become necessary. Landlord shall decide whau repair is considered "small." UNDISCLOSED REPAIR It is the Tenant's responsibility to report any condition that could be dangerous or wasteful immediately 5o 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. CLEANLINESS: Tenant agrees to keep apartment clean, avoid a garbage build-up 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. OCcumANCY AND USE: 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. 7'F# R/~ T APPLIANCES: 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 ~" 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 responsible for paying the following: water, garbage, sewer, 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 utility 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. Tenant will not drive nails or screws into the walls or the woodwork. KEROSINE ~r~.kTERS: No kerosine heaters are allowed in the apartment. CHA~GE OF 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 transferred during mid tenancy, Landlord will reasonably look for a new Tenant for the apartment in order to relieve Tenant of lease responsibility. PETS: Pets are not allowed in the apartment without the written permission of the Landlord. z'/3~LOW~ /S //~ /~£~m£~/7' Z~I~ INSPECTION: Landlor~ or his employees may enter the apartment at any time for the following reasons: 1. To make necessary repairs 2. To protect the apartment from damage 3. To show the apartment to prospective Tenants or buyers with notice. 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. 3 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 tke Landlord's gross negligence. BREAKING THE LEASE: If the rent is not paid when due, and/or the Tenant does not perform in a manner consistent with this lease, he/she shall have broken the lease. The entire rent due for the rest of the lease is due and payable immediately. Any court fees, attorney's fees, fees for paying rent after the first of the month, plus an amount equal to two month'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 IN COURT. ITEMS LEFT 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 given 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 for any reason, this does not give Tenant perraission to pay late again or break the rules again. NOTICE: This agreement is the Notice and obligations of the Tenant. Tenant NOTICE OF RENT DUE IS NECESSARY. to Tenant of all rents due AGREES THAT NO ADDITIONAL STOP. AGE: 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. Tenant agrees that Landlord requires that Tenant buy RENTER'S INSUP_ANCE to cover damages to his/her personal property. 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 From Lead in 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. Te=ant's I tials: / 4 RIDERS (SPECIAL PROVISIONS): Special provisions in the attached Riders are part of this lease. mum ~uNDING: This lease is terminated if tenant loses HUD Funding for any reason. EI~TIRE AGP. EEI~ENT: This lease contains the ENTIRE AGREEMENT 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 normal wear and tear, Landlord is to be paid the actual cost of the repairs by an outside contractor. If Landlord makes the repairs himself, he will be paid $25.00 per hour plus the cost of materials to Landlord. PARKING: Tenant shall abide by buildings. Special_Parking_Instructions: all parking signs around apartment THIS IS A LEGAL DOCumENT. By signing, the Tenant Tenant has read this lease, has gone through the Landlord and has had the opportunity to ask questions about lease. / Landlorc~~L__~-~ TIMOTHY HOGG Tenant (S) ~/~ ~ Y//~L ~-~ agrees that the lease with the this DATE DATE Rider A This rider is attached to and forms a part of the lease beginning August 1, 2001, between Timothy Hogg, the Landlord, and Andrea Shumaker, the Tenant(s). 1. Payments of rent and other charges payable by Tenant shall be payable to Landlord and due on the 1st dy of the month. If received after the 1st day of the month, include a $10.00 initial penalty plus $5.00 for each additional day this reflects. la. Rent payments are to be made to Tim Hogg, PO Box 624, New Cumberland, PA 17070-0624. Please make checks payable to "Tim Hogg" only. 2. Tenant agrees familZ consisting and ~ children. that the premises are leased for use by Tenants of ~ persons which consists of ( adults 3. Tenants are reminded that they should carry adequate renter's insurance to cover any losses or damage that may be sustained during occupancy of the above apartment. 4. No motorcycles, motor bikes, truck caps, or snow mobiles shall be permitted on the premises. 5. No boisterous parties or unnecessary noise permitted. 6. No antennas allowed on the premises. Only the Cable TV outlets provided shall be used. 7. No appliques shall be used on the 8. Pictures shall be hung by using Under no circumstances shall scotch anything. 9. Tenant shall property. not park boat, trailer, surfaces. standard picture hangers. tape be used to fasten or disabled vehicles on be or 10. Tenant shall have two keys issued. Locks shall not changed or altered and keys shall not be duplicated. 11. Tenant shall not make any alterations, additions, improvements without prior written consent of the Landlord. 12. Tenant shall be responsible for small repairs (loose screws, stuck window, backed up toilets etc.). 13. Upon vacancy of apartment, the appliances and cabinets must be cleaned thoroughly before Tenant vacates said premises. 14. Upon vacancy of apartment, carpet must be steam cleaned and a receipt must be turned in with the keys. 15. Tenants are responsible for maintaining smoke detector with charged battery at all times (where applicable). Tenants are also responsible for reporting any non working smoke detector immediately to Landlord. 16. It is understood and agreed that the security payment in the amount of ~ ~O dollars provided for under the lease for this premises has been paid. Under no circumstances may the Tenant apply the security deposit to their last months rent. 16a. The security deposit will accrue interest at a rate of 1~75% yearly, accrued yearly, beginning after the first full year of tenancy has been completed. 17. 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. 18. In the event that Landlord is to make repairs to apartment that under the terms and conditions of this lease are not related to normal wear and tear, Landlord is to be compensated for time spent in the amount of $25.00 per hour, and materials at their cost to Landlord. 19. Tenant will be charged $25.00 fees will be applied to the date of check. for any returned check. Late restitution for said returned 20. Extraordinary garbage (tires, appliances, etc.) is the responsibility removed at Tenant's expense. furniture, mattresses, of the Tenant to have 21. Additional Tenant responsibilities: 22. These rules and regulations shall constitute conditions of tenancy, and violation thereof shall be a 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. Timothy Hogg Tenant Tenant SIG Tenant 8 PO Box 624 NEW CUMBERLAND, PA 17070 SOLO TO: Andrea Shumaker 5 addams Street, #5 Enola, PA 17043 Phone Number 717-761-3621 SHIPPED TO: Same INVOICE INVOICE NUMBER 438 INVOICE DATE 09/23/2002 OUR ORDER NUMBER YOUR ORDER NUMBER TERMS NA SALES REP SHrPPED VIA: F.O.B. PREPAID or COLLECT Collect 1.00 iLate Fee, August 1.00 Rent, September 1.00 Carpet Cleaning 1.00 Carpet Cleaning Service Charge 2.00 Labor Hours, Sanding nail and screw holes $100.00 $602.00 $84.50 $25.00 $25.00 $100.00 $602.00 $84 8O $2500 $50OO Interest Security Deposit $0.00 . ($268.50)' SUBTOTAL TAX FREIGHT MAKE ALL CHECKS PAYABLE TO: Tim Hogg $0.00 ($268.50) $593.30 $593.30 Questions concerning this invoice? PAY THIS Call: 717-761-3621 AMOUNT M~R 23 '8'/' ~;~5~M KHUPP & KOD~4K PC. ?l?-?ao-oss,~ P..s..._,~, ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-01636 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOGG TIMOTHY VS SHUMAKERANDREA SHAiYNON SHERTZER Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE SHUMAKER ANDREA DEFENDANT , at 153S:00 HOURS, on at 216 MEADOWS ROAD NEWVILLE, PA 17241 ANDREA SHLrMAKER a Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the the 19th day of April , 2004 by handing to 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 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this ,~/~3- day of ' P~othonot ary ~ So Answers: R. Thomas Kline 04/20/2004 KNUPP KODAK IMBLUM , Jill v Deputy Sheriff TIMOTHY HOGG ANDREA SHUMAKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-01636 CML DMSION - LAW Defendant : TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR DEFAULT JUDGMENT Enter judgment in favor of Plaintiff and against Defendant(s) ANDREA SHUMAKER, named for failure to file within the required time an Answer to the Complaint in the above-captioned case and assess the Plaintiffs damages as follows: Amount claimed in Plaintiffs Complaint $836,55 Interest from September 23, 2002 at the legal rate of 6% per annum $ 86.76 Total $923.31 It is hereby certified that a written notice of intenUon to file this Praceipe was totaled to the Defendant{s) and his attorney of record, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. See Exhibits A & B attached, DATED: Robert D. Kodak, Attorney for Plaintiff Judgment entered and damages assessed as above. Prothonotary Robert L. Knupp Robert D. Kodak Gary J. ffnbiurn LAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 Telephone: 717/238-7159 Facsimile: 717/238-7158 email: kki.law~verizon.net May 10, 2004 Robert H. Maurer (1923-1998) ANDREA SHUMAKER 215 MEADOWS ROAD NEWVILLE PA 17241 RE: VS: Timothy Hogg Andrea Shumaker No. 2004-01636, Court of Common Pleas Cumberland County, Pennsylvania Our File No. 30091 Dear Ms. Shumaker: In accordance with Pennsylvania Rules of Civil Procedure 237~ 1(a)(2), we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set forth in said Complaint. Very truly yours, KNUPP, KODAK & IMBLUM, P.C. RDK/kqb enclosure CC; Robert D. Kodak, Esq. THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE ATTENTION CATRINA DENIS A & S COLLECTION ASSOC INC POST OFFICE BOX 395 WILLIAMSTOWN VT 05679 #47205; TIMOTHY HOGG Plaintiff ANDREA SHUMAKER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-01636 CML DMSION - LAW IMPORTANT NOTICE TO: ANDREA SHUMAKER, Defendant(s) DATE OF NOTICE: MAY 10, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH TffE COURT YOUR DEFENSES OR OBIECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TI-IlS NOTICE, A FUDGMENT 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 ALAWYER, GO TO OR TELEPHONE THE OFFICE SET FOKTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT [IIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TI-HS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIESTHAT 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 .TIMOTHY HOGG : In the Court of COMMON PLEAS of Plaintiff : CUMBERLAND County, Pennsylvania ANDREA SHUMAKER Defendant : NO. 2004-01636 : CIVIL DIVISION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned Judgment as settled and satisfied in full. TO Cumberland County Prothonotary Dated: September 8, 2004 Robert D. Kodak Attorney for Plaintiff Attorney I.D. No. 18041