Loading...
HomeMy WebLinkAbout09-0760 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of c, u m 1391?4 AA1 D NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. (/7 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. ADDRESS OF APPELLANT ITY' STATE ZIP CODE .2 Lin 0r'i Ve- 4 D-V pia n ins 6v P14. l ,?sl"b 111 01 JU GMENT IN THE CASE OF (Plaintiff) (Defendant)' DOCKE N . SIGNATURE OF APPELLANT OR ATTORNEY OR A NT C V-6000 qa.y - o S /?-a' This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 100813. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Depuly 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.D.J. No.', 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon PcI Tf j J b m P 5 Iii ac. A appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. A-- within twenty (20) days after service of rule or suffer entry of judgment of non pros. r Signet of appellant or attorney or agent RULE: To 4 ? Y ? p-?{ S appellee(s) Name of appellee(s) (1) 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. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing Date: / j? 20 U Signature of Protho ary or Deputy /* Atpefl YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS N TICE OF APPEAL. AOPC 312-02 ffilI WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .201 Signature of official before whom affidavit was made Title of official My commission expires on -,20 Signature of afflani C-) N . N 0 ` 5?s C, COMMONWEALTH OF PENNSYLVANIA COUNTY nF° CUMBERLA= Mag. Dist. No.: 09-3-05 MDJ Name: Hon. MARK MARTIN Address: 507 N YOBS ST MECHANICSBURG, PA Telephone: (717 ) 766-4575 17055 KATHY KAHLIL 82 LINDA DRIVE LOT 28 MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 5BACH, ATTORNEY JAMES M 352 SPORTING HILL ROAD MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS 1AHLIL, KATHY -I 82 LINDA DRIVE LOT 28 LIZCHANICSBURG, PA 17050 J Docket No.: CV-0000424-08 Date Filed: 12/17/08 CROSS COMPLAINT 001 (Date of Judgment) 1/21/09 Judgment was entered for: (Name) BACK, ATTORNEY JAMES M ® Judgment was entered against: (Name) KAHLIL, KATHY in the amount of $ 2.801.9 Defendants are jointly and severally liable. Damages will be assessed on Date & Time F]This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F] Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ 2,761.47 4050 Judgment Costs $ • Interest on Judgment $ • Attorney Fees $ .00 Total $ 2,801.97 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 PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 FURTHERrPRQCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON N-EAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. PAte I certify that this is.a`true ahd correct c My commission expires first Monday of January, 2012 Date 0 .01 Magisterial District Judge the proceedings containing the,judgment. Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 1/21/09 1:16:00 PM • • .. U.S. Postal Service,, ;iEIPT CERTIFIED MAIL? , RECEIPT t• a :. . .•. .D (Domestic Only; No Insu rance Coverage Provided) Ln For delivery information visit our website at www.uspsxom,L? Q ? r cr Postage rru Postage $ Certified Fee ' C0 Certified Fee Return Receipt Fee (ErtdbrsemeM Required) 7ark t M C3 Return Receipt Fee (Endorsement Required) AEr '1 • Postmark Here Restricted Deave Fee ry (End'yrsement Required) t g 0 Restricted Delivery Fee (Endorsement Required) W s t G rr? ?? fib t Total Postage & Fees ??^ + Total Postage & Fees a$;'.< Sent To AI--T L/ TT r Sent To //?? ?f /,may _ or PO Box No. T?'?c? or PO BOX No. 7 6 yQ?K _ - - ch stare.zrw4 4d, A ----------------------- - - --- .._ -----....---------- ?F of SERVICE OF NOTICE OFAIPEAL AND RULE TO ME COMPLAINS (This proof of s S,' BE FILED WIThWhI TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COfuMAONWEALT -X FENNSYLVANIA COUNTY OF , ° ss AFFIDAVIT. i tereby (swear) (affirm) that I served ? ,_ :opy of the Notice of Appeal, Common Pleas (9 , upon the Distriictt Justice designated therein on (t; ate of service) 11 r01? 20 0 , L3 by personal service V by (certified) (registered) mail, -hL rider's receipt attached hereto, and upon the appellee, (name)}' tj ?"prr?r, !3 on 200_ ? by personal service Uiy (certified (registered) mail, sv,ider's receipt attached hereto. o A1. SEAL 20 M4,20101 WORN AFFIRME.D)AND SUBSCRIBED BEFOR ME IS DX( OF 200 3fgn?ure Of ufAde/b•(ore whom affid v was made ` Signature of of ent 0 ? -n A 0 0- COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL - _4f - :." ?? 4 _ Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice oA the date and in the case referenced below. < CY"j ,r .' a r i ire.. VS C v--6000 L1411- a 9 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. If appeft t was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action bofvre a District Justice, A COMPLAINT MUST BE FILED-withla t"nty (20) days after filing the NOTICE of APPEAL. s offto hotay-ate 41?ECIPE"TO ENTER RULE TO FILE COMPLAW AND RU, ILE TO FILE (This section of form to be used ONLY when appeflant was OEF JDANT (age Pe.R.C.P.D.J. No. 1009(7) in action before District Jul. IF NOT USED, detach from cagy ofnotice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon' appellee(s), to Mea complaint in this appeal Name of eppelles(s) (Gammon Pleas No. within twenty (20) days after service Of rule or sufWm-Ary of judgment of non pros. n T-r n / +aF?t-alkwnsywap m RULE: To A i I Y :3 p m-f s 6/q;c 1 appell"(s) Nonis of epwge(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the des of service of this rule upon you by personal service or by died or regislored mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENT50ttp*',T YOU. f r (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 1 ?" ( A . ? ?. r n Duey YOU MUST INCLUDE A COPY OF THE NOTICE OF JU ITRANSCRIPT F06"I" ITH THIS N 4F APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW APPELLANT'S COPY PINK - COPY TO BE SERVED ON APPIMLEE GOLD • COPY TO BE SEIVVED ON DISTRICT JUSTICE JAMES M. BACH IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs NO. 09-760 KATHY KAHLIL CIVIL ACTION - LAW Defendant 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 JAMES M. BACH Plaintiff vs KATHY KAHLIL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-760 CIVIL ACTION - LAW COMPLAINT 1. James M. Bach is an adult individual residing at 352 South Sporting Hill Road, Mechanicsburg, Pennsylvania 17050. 2. Kathy Kahlil is an adult individual residing at 82 Linda Drive, Lot #28, Mechanicsburg, Pennsylvania 17050. 3. Kathy Kahlil is a former tenant of James M. Bach. The tenant rented property known and numbered as 22 Sinclair Road, Unit # 1, Mechanicsburg, Pennsylvania 17050. 4. The tenant violated the terms and conditions of a written lease agreement by departing the prior to the end of her term, thus forfeiting her security deposit as liquidated damages. See "Exhibit 1". The term would have ended November 31, 2008. Tenant left in September 2008. 5. Defendant Kathy Kahlil has been requested to pay for the various damages set forth herein and refused to pay for same. See "See Exhibit 2". 6. Defendant Kathy Kahlil has been provided with all receipts and invoices related to all repairs and cleaning of her prior residence, 22 Sinclair Road Unit #1, Mechanicsburg, PA, the subject matter of this Complaint. See "Exhibit 3". 1 WHEREFORE, the Plaintiff James M. Bach respectfully requests that this Court enter a Judgement against Kathy Kahlil in the amount of $2,761.47, together with costs of $40.50 for a total of $2,801.97. COUNT II - ACCELERATED RENT 7. The Lease requires that upon breach all rents become due for the remaining part of the term. See "Exhibit 1". 8. The breach occurred in September 2008 and Kathy Kahlil is liable for accelerated rents for the months of September 2008, October 2008, and November 2008. The monthly rent due and owing is $730.00 per month. The total accelerated rent due and owing is $2,190.00. WHEREFORE, the Plaintiff James M. Bach respectfully requests $2,190.00 as additional damage for accelerated rents. The total that the Plaintiff is seeking is: Count I ................................................................... $2,801.97 Count H ................................................................... $2,190.00 TOTAL ................................................................... $4,991.97 RESPECTFULLY SUBMITTED, DATE: g " 6- o l JA BACH, ESQUIRE Att n for the Plaintiff 352 . Sporting Hill Road Mechanicsburg, PA 17050 (717) 737-2033 I.D. # 18727 2 r James M. Bach 352 South Sporting Hill Road Mechanicsburg, PA 17050 ebtFo a11-VCP-nt Made this 10th day of February 2006 A. D. between James M. Bach. hereinafter styled the party of the first part, and Natlty L KaM& hereinafter styled the party of the second part. Witnesseth, that the said party of the first part, in consideration of the rents and covenants hereafter mentioned doth demise and lease unto the said party of the second part to be used as a resUential dweUinr?. the premises situate in the County of Cumberland and Commonwealth of Pennsylvania as follows: 22 Sinclair Road. Unit #1 MechanicOmr. PA 17055 To Have and to Hold unto the said party of the second part, subject to the condition of this agreement and for the term beginning on the 101h day of February. 2006. and ending on the 30th day of June. 2007. In Consideration of Which the said party of the second part agrees to pay to the said party of the first part as Rent for the use and occupancy of the said premises, the sum of Seven Hundred Thirty Dollars and no Cents (5730 00) Per month due an the 1st day of each month. payable at the residence of the parry of the first part, demand for said rent on the demised premises being waived as follows, viz: . Security Deposit in the sum of Seven Hundred Thirty Dollars and no dents (5730.00) is acknowledged as being paid to Landlord at the time of signing of the lease. Pay Rent to: James M. Bach \ 352 South Sporting Hill Road Mechanicsburg, PA 17055 As a Further Consideration for the use and occupancy of said premises the said parry of the second part hereby agrees to faithfully keep and be bound by the following covenants, conditions, and agreements, viz: The said premises are to be kept and maintained in as good repair and condition as at present and at the expiration of this lease, they are,to be surrendered in like repair and condition, natural wear and damages happening by fire, storm or other casualties only excepted. The premises are to be kept in a clean and sanitary condition and all ashes or other garbage which may accumulate thereon during the term are to be removed and in case of failure to remove the same the party of the first part may collect as rent due and in arrears double the cost of removal; the water, lighting or other service for the use of the occupants of the said premises furnished by any Public Service Company during the said term shall be paid for by the said party of the second part unless otherwise pro vided herein, or the same may be collected by the said party of the first part as rent due and in arrears. The party of the second part relieves the party of the first part from all liability by reason of any damage to any person or property in or on the demised premises caused by the negligence of the party of the first part, his agents, or any other person /I ? -I' Nothing shall be done upon said premises contrary to the conditions of the policies of insurance upon the building thereon whereby the hazard may be increased or the insurance invalidated; neither the whole nor any portion of the said premises shall be sublet, nor shall this lease or any interest therein be assigned nor shall the party of the second part remove or attempt to remove from said premises during the term of this lease, without the written consent of the said party of the first part, and no nuisance or unlawful acts or business shall at any time be carried on upon said premises. The party of the first part expressly reserves the right to enter upon the premises at reasonable time for the purpose of making necessary inspections, repairs or to show the same to prospective purchasers or lessees, and may display 'for rent " or 'for sale" cards thereon. The removal of any goods from the premises whether by day or by night, without the written consent of the party of the first part, shall be deemed a clandestine and fraudulent removal and such goods shall remain liable to distress for a period of thirty days after such removal, wherever they may be found If default shall be made in the payment of any part of the said rent after the same becomes due or in case of a breach or evasion or any attempt to break or evade any of the covenants or conditions of this agreement, the entire rent reserved for the full term of this lease remaining unpaid shall become due and payable at once and may forthwith be collected by distress or otherwise, and at the same time the party of the first part may forfeit and annul the unexpired portion of this lease and enter upon and repossess the said premises with or without process of law, and without giving any notice whatsoever. Acceptance by the party of the first part of any of the said rent at any time after the same shall become due, after default has been made in the payment thereof, or arty failure to enforce any of the rights herein reserved to the party of the first part, or any of the penalties, forfeitures or conditions herein contained shall not in any wise be considered a waiver of the right to enforce the same at any time without any notice whatsoever, and any attempt to collect the rent by one proceeding shall not be considered as a waiver of the right to collect the same by any other proceeding, but all of the rights of the party of the first part, and all forfeitures, penalties and conditions may be enforced together or successively at the option of the party of the first part. It is further agreed that is the party of the second part shall become insolvent, make an assignment for the benefit of creditors, commit any act of bankruptcy, file a voluntary petition in bankruptcy or if any judgment shall be entered or any involuntary petition in bankruptcy filed against the said party of the second part, all the rent reserved for the full term of this lease shall become due and collectible immediately by distress or otherwise. The Prothonotary or any attorney of any Court of Record of Pennsylvania is hereby authorized to appear for and to confess a judgment against the said party of the second part and in favor of the said party of the first part or his heirs, executors, administrators and assigns for the whole amount of sold rent as hereinbefore set forth and 5% attorney's commission. And the said party of the second part hereby waives the usual notice to quit, and agrees to surrender said premises at the expiration of said term, or the termination of this lease without any notice whatsoever. And upon any proceeding instituted for the recovery of said rent, either by distress or otherwise, the said party of the second part waives the benefit of all appraisement, stay and exemption laws, the right of inquisition on real estate, and all bankruptcy or insolvency laws now in force or hereafter passed Upon the breach of any of the covenants or agreements of this lease or upon its termination by forfeiture, default or expiration the Prothonotary or any attorney as aforesaid is hereby authorized to appear for and to confess judgment in an amicable action of ejectment against the said party of the second part and in favor of the said party of the first part or his heirs, executors, administrators and assigns for the premises herein described and to direct the immediate issuing of a writ of habere facial possessionem with clause of fieri facias for costs, waiving and releasing all defects and errors, and waiving all rights of stay and of appeal, without notice and without asking leave of court. It is further agreed that the terms and conditions of this agreement and lease shall in no way be changed or altered except by a writing signed by all the parties hereto; pattd #?Ihe said party of the second part shall continue in possession of the said premises after the expiration ofsai term, at the option o t ?rs?asur ?tRe terns me same as tnougn a new agreemen o executed and a ivere the said parties hereto for a succeeding term the above authorizations to appear and confess judgment against the party of the second part shall not be exhausted by one exercise thereof, but may be repeatedly exercised from time to time. 2 And... Tenant resvomlbk for cutting the rrass and any and all snow removaL Tenant must provide Proof ofRenkrIs Insurance and mah9aln said Insurance during kese terns Rent not Paid on the If day ofeack month incurs an automade I#% penalty If Of rent naming unpaid on the 5 * of the month tken tke late Pmahy Increases to Sl a 00 for each day Ameafter. Only tenant may live in residence Tke home and yard are to be kept clean and neat at aU dmm Use of kerosene or Portabk heaters is proklbkted Landlord's curtains and/or min-bUnds are to be rehunr at end of Lease Landlord may inspect property at his discretion. Leavkrr before end ofterm results in forfehlrtre ofsa?rl[y deposit Tenant waives all notice reauirmwats under the PA Landlor&Tenant Act The lease automatically renewable for addidonal term unless tenant advises thirty (30) days prior to end of term that he does not wish to renew. Landlork may, at his discretion, Increase the amount of rent at end of each terns Tenant authorizes Landlord to padlock property and exclude tenant there from any month rent is Rtteen (1 S) davs late Tenant waives any and all notices to the contrary under the Landlord Tenant Act of PA. One cat Permitted The sum of AW Dollars and no Cents (S50 00) per month wig be paid toward purchase of washer and dryer on premise. At the end of 12 months, washer and dryer will be paid In Rent for the months of February 10, 2006 thru February 28, 2007 wX be In the amount of 5730. 00 whlrh includes above mentioned SSQ00 towards the washer and dryer purckase Rent berinninr March 12007 thru February 28, 2008 and wig be at the rate of $73000 Rent bermxbw March 1. 20M will be at the rate of $780 00 Rent berinning March 1. 2009 will be at the rate of $830 00. The conditions of this agreement shall extend to the heirs, executors, administrators and assigns of all the parties hereto. In Witness Whereof, the parties aforesaid have hereunto set their hands and seal the day and year first above written. IN THE PRESENCE OF 4 JAMES M. BACH J? Attorney At Law 352 S. Sporting Hill Rd:, Mechanicsburg, PA 17050, Tel: (717) 737-2033 September 16, 2008 Kathy Kahlil 82 Linda L •ive Lot 28 Mechanicsburg, PA 17050 Re: 22 Sinclair Rd. Unit #1 Mechanicsburg, PA Dear Ms. KaK The present lease regarding your residence known and numbered as 22 Sinclair Road Unit #1, Mechanicsburg PA, renewed for a term of 12 months on or about the 15t day of July 2008. The term ended on or about June 30, 2009. I understand that you moved out of this property on or about September/Pt, 2008. The power was taken out of your name on or about September 6th, 2008. Thus, you broke the contract and departed prior to the end of the present term. According to the terms and conditions of your lease you forfeit your security deposit as liquidated damages on account of this breach. I have not received rent for September 2008. The rent due for September 2008 is.$730.00. Neat, you returned my property in a horrible, filthy condition. The cat odor was unbearable. The cat urinated and destroyed carpets and caused us odor eradication problems throughout the entire unit. The cat urinated in the air conditioning intake vent in front of the rear door. We then discovered an actual pool of cat urine in the duct work underneath; the duct work had to be replaced since it was not possible to remove the urine damage and odor from that. The damages caused by the cat were certainly very extensive. The amounts due to Attorney James M. Bach for damages to this unit are as follows: 1. General cleanup of unit and cleaning supplies....... .................................$250.00 2. Removal of duct work from underneath unit and repurchase and replace same ....................................... .....................................$120.00 3. Materials and labor regarding replacement, removal, and haul away of cat urine soaked carpeting in living room. Also, labor of installation of new flooring in living room .................................................................................... $1,569.62 TOTAL DAMAGES.... ..................................................................$1,939.62 TOTAL DUE INCLUDING SEPTEMBER 2008 RENT($730.00) ................$2,669.62 . / 1 E ?" C;? %I correct this problem by removing the animal from the property upon the beginning of his spraying tactics. Nevertheless, kindly remit to me at your earliest attention the damages caused by your leaving the property in a filthy condition and your cat urinating throughout the entire unit thus destroying the flooring and other items. Lastly, upon your moving into that property it was impeccable and spotlessly clean. End: Copy of lease Respectfully, es M. Bach rx y at Law 2 M. BASH JAMES Attorney At Law 352 S. Sporting Hill Rd., Mechanicsburg, PA 17050, Tel: (717) 737-2033 November 17, 2008 Kathy Kahlil 82 Linda Drive Lot 28 Mechanicsburg, PA 17050 Dear Ms. Kahlil, Re: 22 Sinclair Rd. Unit #1 Mechanicsburg, PA I am pleased to enclose herewith, upon your request, copies of allreceipts and invoices related to repairs and cleaning of pour previous residence known and numbered as 22 Sinclair Rd. Unit 41, Mechanicsburg, PA. Please review all invoices and receipts related to repairs and cleaning necessary due to damages caused by you as well as the filthy nature you left the unit in upon departure. If you.have any further questions or issues, feel free to contact me. Encl: Receipts and Invoices Respectfully, s M. Bach amV at Law q'V ij f 'S i c., (CIA I V1 , (.IYI c Sri I? 1 s i s . -( d rld to (V -1 *k4-'v1 he,' ??e.n+- -13c), c) a , -? (0 1 , 1-I - "13? - c, 7-3 nAt?'I* It 17/1) .,`r?? ? t? f_. Gam,=? t t.?,a yr ,f ?..., `? ?- ?? 4 _? JAMES M. BACH Plaintiff vs KATHY KAHLIL Defendant CERTIFICATE OF SERVICE BY MAIL JAMES M. BACH,' Esquire, being duly sworn according to law, deposes and says that he is the PLAINTIFF, and that he did mail a true and correct copy of the Complaint, together with a Notice to Defend, by registered/certified mail, return receipt requested, delivered to addressee only, to the DEFENDANT, on March 9 h, 2009 and the Defendant signed for same on March 14th, 2009. See "Ex A". 1/ 6n A,) JAMES M. BACH (PLAINTIFF) 352 S. Sporting Hill Road Mechanicsburg, PA 17050 (717) 737-2033 ¦ Convh n Won 1,7,W & N w: tlen, 41f Eia?fdobld??Mn!y'asatMM?we. N ft* yaw own wW 4 1 on tM muss so than va am akin ft owd to you. wt Aftch Oft owd to the book of the "w*iws, or on ft teatt Napo* pannks ,MAr fry 2. ArWe Number MOWN ftm3WW=bw 7008 32 Ps Form 3811, FAbllJdLy,$DEt4 Deeweea? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-760 CIVIL TERM - 2009 CIVIL ACTION - LAW 0 #Qwt by f NW" % I C. Dots at Ddvery 3eei MM $om aem 1? 0 we ddiv" ad I a 11 bebw: O No D. b dW M YES, 3. Swim Type Mew R•ow?•d 0 k wow MIN 4. Reebfcted DOM 10 0002 2510 what tleoept 0 Elden MWI 0 Rd= ReoW for MwdWKNW 0 O.O.D. Y? (f+ Fes) 0 the 4270 102MB-02-WI540 '.r' CT! ap. xZ'rt i F C7 w Rob Bleecher, Esquire Pecht & Associates, PC Attorney ID # 32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717)691-9809 JAMES M. BACH, V. KATHY KAHLIL, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW 07- No. 4;9-760 CIVIL TERM NOTICE TO PLEAD To: JAMES M. BACH YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Preliminary Objection to Plaintiff's Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, PECHT & A.,,SSKIATES, PC Dated: ?j j /'? ? By: ..f, ... ., ?.,.1.. - Atto I.D. #32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9809 Attorneys for Defendant Rob Bleecher, Esquire Pecht & Associates, PC Attorney ID # 32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717)691-9809 JAMES M. BACH, V. KATHY KAHLIL, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No. 079-760 CIVIL TERM DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendant KATHY KAHLIL, by and through her counsel, Pecht & Associates, PC, files this Preliminary Objection to Plaintiff's Complaint as follows: 1 Defendant objects to Plaintiff's Complaint as Plaintiff has violated Pa.R.C.P. No. 1028(a)(2) for failure to conform to law or rule of court by failing to verify the averments of fact contained in his Complaint as required by Pa.R.C.P. No. 1024. 2. Defendant objects to Plaintiff's Complaint as Plaintiff has violated Pa.R.C.P. No. 1028(a)(3) for failure to provide sufficient specificity in his pleadings. Plaintiff fails to identify the provision or provisions in the writing attached to the Complaint which Plaintiff claims Defendant violated. Plaintiff also fails to incorporate said documents by reference. 3. Defendant objects to Plaintiff's Complaint as Plaintiff has violated Pa.R.C.P. No. 1028(a)(4) by failing to provide a legally sufficient pleading. Plaintiff fails to allege sufficient facts to enable defendant to prepare a defense to the averments. Plaintiff fails to allege those 1 , provisions which Defendant is alleged to have violated and Plaintiff fails to allege the elements necessary to establish that a breach of an agreement occurred or that Plaintiff is entitled to the relief requested. Wherefore, Defendant respectfully requests this Court to dismiss the Plaintiff's Complaint for failure to comply with Pa.R.C.P. No. 1028(a)(2), (3), and (4). Respectfully submitted, PECHT & TES, PC Dated: l By: f Rob Bleecher, Esquire Attorney I.D. #32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9809 Attorneys for Defendant 2 r a CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Defendants' Preliminary Objection to Plaintiffs Complaint upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Mechanicsburg, ?t2009. Cumberland County, Pennsylvania this day of/ Dated: By: ROB BLEECHER, ESQUIRE ATTORNEY I.D. #32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9809 Attorneys for Defendant 3 Respectfully submitted, JAMES M. BACH IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs NO. 09-760 KATHY KAHLIL CIVIL ACTION - LAW Defendant 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 JAMES M. BACH Plaintiff VS KATHY KAHLIL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-760 CIVIL ACTION - LAW AMENDED COMPLAINT 1. James M. Bach is an adult individual residing at 352 South Sporting Hill Road, Mechanicsburg, Pennsylvania 17050. 2. Kathy Kahlil is an adult individual residing at 82 Linda Drive, Lot #28, Mechanicsburg, Pennsylvania 17050. 3. Kathy Kahlil is a former tenant of James M. Bach. The tenant rented property known and numbered as 22 Sinclair Road, Unit #1, Mechanicsburg, Pennsylvania 17050. (SEE PAGE 1 OF "EXHIBIT 1", LEASE). 4. The tenant violated the terms and conditions of a written lease agreement by departing the premises prior to the end of her term, thus forfeiting her security deposit as liquidated damages. (SEE PAGE 3 OF "EXHIBIT I", BRACKETED PORTION). The term would have ended November 31, 2008. Tenant left in September 2008. 5. Defendant Kathy Kahlil has been requested to pay for the various damages set forth herein and refused to pay for same. (See "See Exhibit 2" AS WELL AS PAGE 1, PARAGRAPH 7 OF "EXHIBIT 1", IN BRACKETS). 1 6. Defendant Kathy Kahlil has been provided with all receipts and invoices related to all repairs and cleaning of her prior residence, 22 Sinclair Road Unit #1, Mechanicsburg, PA, the subject matter of this Complaint. (SEE "EXHIBIT 3"). WHEREFORE, the Plaintiff James M. Bach respectfully requests that this Court enter a Judgement against Kathy Kahlil in the amount of $2,761.47, together with costs of $40.50 for a total of $2,801.97. COUNT II - ACCELERATED RENT 7. The Lease requires that upon breach all rents become due for the remaining part of the term. (SEE PAGE 2, PARAGRAPH 4 OF "EXHIBIT 1 ") 8. The original term began February 10, 2006 and ended on June 30, 2007. (SEE PAGE 1, PARAGRAPH 3 OF "EXHIBIT F). The contract then renewed for another like term. (SEE PAGE 2, PARAGRAPH 10 OF "EXHIBIT I", UNDERLINED PORTION). 9. The breach occurred in September 2008 (SEE "EXHIBIT 4") and Kathy Kahlil is liable for accelerated rents for the months of September 2008, October 2008, and November 2008. The monthly rent due and owing is $730.00 per month. (SEE PAGE 1, PARAGRAPH 4 OF "EXHIBIT I"). The total accelerated rent due and owing is $2,190.00. 2 WHEREFORE, the Plaintiff James M. Bach respectfully requests $2,190.00 as additional damage for accelerated rents. Count I ............................... ................... $2,801.97 Count II ................................................................... $2,190.00 TOTAL ................................................................... $4,991.97 R ESPE C T F UL L Y S UB MI T T ED , DATE: ?/./?w°7 J S M. BACH, ESQUIRE t/ ney for the Plaintiff . Sporting Hill Road Mechanicsburg, PA 17050 (717) 737-2033 I.D. # 18727 VERIFICATION The information contained herein is true and correct based on the personal knowledge, information, and belief of the Plaintiff. The total that the Plaintiff is seeking is: 3 James M. Bach 352 South Sporting Hill Road Mechanicsburg, PA 17050 lzbtyl; OfIlUtwent Made this 101h day of February 2006 A.D. between James M. Bach. hereinafter styled the parry of the first part, and Kathy L. KaM hereinafter styled the parry of the second part. Witnesseth, that the said party of the first part, in consideration of the rents and covenants hereafter mentioned, doth demise and lease unto the said party of the second part to be used as a residential dweUine. the premises situate in the County of Cumberland and Commonwealth of Pennsylvania as follows: 22 Sinclair Road, Unit #1 Mechanicsburg, PA 17055 To Have and to Hold unto the said party of the second part, subject to the condition of this agreement and for the term beginning on the 100 day of February. 2006, and ending on the 30th day of June, 2007. In Consideration of Which the said party of the second part agrees to pay to the said party of the first part as Rent for the use and occupancy of the said premises, the sum of Seven Hundred Thirty DoUars and no Cents 0730.001 Per month due on the 1st day of each month. payable at the residence of the party of the first part, demand for said rent on the demised premises being waived as follows, viz: Security Deposit in. the sum of Seven Hundred Thirty Dollars and no Cents ($730.00) is acknowledged as being paid to Landlord at the time of signing of the lease. Pay Rent to. James M. Bach \ 352 South Sporting Hill Road Mechanicsburg, PA 17055 As a Further Consideration for the use and occupancy of said premises the said party of the second part hereby LTe ees to faithfully keep and be bound by the following covenants, conditions, and agreements, viz: said premises are to be kept and maintained in as good repair and condition as at present and at the expiration of this lease, they are,to be surrendered in like repair and condition, natural wear and damages happening by fire, storm or other casualties only excepted The premises are to be kept in a clean and sanitary condition and all ashes or other garbage which may accumulate thereon during the term are to be removed and in case of failure to remove the same the party of the first part may collect as rent due and in arrears double the cost of removal; the water, lighting or other service for the use of the occupants of the said premises furnished by any Public Service Company during the said term shall be paid for by the said party of the second part unless otherwise pro vided herein, or the same may be collected by the said party of the first part as rent due and in arrears. The party of the second part relieves the party of the first part from all liability by reason of any damage to any person or property in or on the demised premises caused by the negligence of the party of the first part, his agents, or any other person Nothing shall be done upon said premises contrary to the conditions of the policies of insurance upon the building thereon whereby the hazard may be increased or the insurance invalidated; neither the whole nor any portion of the said premises shall be sublet, nor shall this lease or any interest therein be assigned; nor shall the party of the second part remove or attempt to remove from said premises during the term of this lease, without the written consent of the said party of the first part, and no nuisance or unlawful acts or business shall at any time be carried on upon said premises. The party of the first part expressly reserves the right to enter upon the premises at reasonable time for the purpose of making necessary inspections, repairs or to show the same to prospective purchasers or lessees, and may display `for rent" or `for sale" cards thereon. The removal of any goods from the premises whether by day or by night, without the written consent of the party of the first part, shall be deemed a clandestine and fraudulent removal and such goods shall re ain liable to distress for a period of thirty days after such removal, wherever they may be found ?4default shall be made in the vavment oL ny yart of the said rent after the same becomes due or in ca=se of a breach or evasion or any attempt to break or mWA ? W *he covenants or conditions of this ag?ement, the entire rent reserved for the full term of this lease remaining aid shall become Am ., payable at once and may forthwith be collected by distress or otherwise, and at the same time the party of the first part may forfeit and annul the unexpired portion of this lease and enter upon and repossess the said premises with or without process of law, and without giving any notice whatsoever. Acceptance by the party of the first part of any of the said rent at any time after the same shall become due, after default has been made in the payment thereof, or arty failure to enforce any of the rights herein reserved to the party of the first part, or any of the penalties, forfeitures or conditions herein contained; shall not in any wise be considered a waiver of the right to enforce the same at anytime without any notice whatsoever, and any attempt to collect the rent by one proceeding shall not be considered as a waiver of the right to collect the same by any other proceeding, but all of the rights of the party. of the first part, and all forfeitures, penalties and conditions may be enforced together or successively at the option of the party of the first part. It is further agreed that is the party of the second part shall become insolvent, make an assignment for the benefit of creditors, commit any act of bankruptcy, file a voluntary petition in bankruptcy or if any judgment shall be entered or any involuntary petition in bankruptcy filed against the said party of the second part, all the rent reserved for the full term of this lease shall become due and collectible immediately by distress or otherwise. . The Prothonotary or any attorney of any Court of Record of Pennsylvania is hereby authorized to appear for and to confess a judgment against the said party of the second part and in favor of the said party of the first part or his heirs, executors, administrators and assigns for the whole amount of sold rent as hereinbefore set forth and 5% attorney's commission. And the said party of the second part hereby waives the usual notice to quit, and agrees to surrender said premises at the expiration of said term, or the termination of this lease without any notice whatsoever. And upon any proceeding instituted for the recovery of said rent, either by distress or otherwise, the said party of the second part waives the benefit of all appraisement, stay and exemption laws, the right of inquisition on real estate, and all bankruptcy or insolvency laws now in force or hereafter passed. Upon the breach of any of the covenants or agreements of this lease or upon its termination by forfeiture, default or expiration the Prothonotary or any attorney as aforesaid is hereby authorized to appear for and to confess judgment in an amicable action of ejectment against the said parry of the second part and in favor of the said party of the first part or his heirs, executors, administrators and assigns for the premises herein described and to direct the immediate issuing of a writ of habere facias possessionem with clause of fieri facias for costs, waiving and releasing all defects and errors, and waiving all rights of stay and of appeal, without notice and without asking leave of court. It is further agreed that the terms and conditions of this agreement and lease shall in no way be changed or altered except by a writing signed by all the parties hereto; ,Rd if the said party of the second part shall continue in possession of the said premises after the expiration of said term, at the option o7-tX ' sar party o t e first part such holding over may be e an eeme a r new ano er r e erm a same as though a new agreement o easing, r MIT, Men executed and de ivere Ti -tree said parties hereto for a succeeding term the above authorizations to appear and confess judgment against the party of the second part shall not be exhausted by one exercise thereof, but may be repeatedly exercised from time to lime. , 2 And... Tenant responsible for cutting the grass and anv and all snow removal Tenant must provide proof of Renter's Insurance and maintain said insurance during lease term. Rent not paid on the I" day of each month incurs an automatic IOOA penalty. I1 the rent remains unpald on the 54 of the month then the late penally increases to $10.00 for each day thereafter, Only tenant may live in residence The home and yard are to be kept clean and neat at all times. Use of kerosene or portable heaters is prohibited Landlord's curtains and/or mini blinds are to be rehuar at end of Lease Landlord may inspect property at his discretion. Leaving before end of term results in forfeiture of security deposit Tenant waives all notice requirements under the PA LandlordTenant Act The lease auiomatically renewable for additional temm, unless tenant advises thirty (30) days prior to end of term that he does not wish to renew. Landlord may, at his discretion, increase the amount of rent at end of each term. Tenant authorizes Landlord to pa_dlockwopertv and exclude tenant there from anv month rent is fifteen (15) days Late Tenant waives any and all notices to the contrary under the Landlord Tenant Act ofPA. One cat permitted The sum of Fifty Dollars and no Cents ($50.00) per month will be paid toward purchase of washer and dryer on premise. At the end of 12 months, washer and dryer will be paid in full Rent for the months of February 10, 2006 thru February 28, 2007 will be in the amount of $730.00, which includes above mentioned $50.00 towards the washer and dryer purchase Rent beginning March 1, 2007 Mira February 28: 2008 and wtQ be at the rate of $730.00. Rent beginning March I, 2008 will be at the rate of $780.00. Rent beginning March 1. 2009 will be at the rate of $830.00. The conditions of this agreement shall extend to the heirs, executors, administrators and assigns of all the parties hereto. In Witness Whereof, the parties aforesaid have hereunto set their hands and seal the day and year first above written. X THE PRESENCE OF S. S. 4 JAMES M. BACH . Attorney At Law 352 S. Sporting Hill Rd:, Mechanicsburg, PA 17050, Tel: (717) 737-2033 September 16, 2008 Kathy Kahlil 82 Linda L •ive Lot 28 Mechanicsburg, PA 17050 Re: 22 Sinclair Rd, Unit #1 Mechanicsburg, :PA Dear Ms. Kahlil, The present lease regarding your residence known and numbered as 22 Sinclair Road Unit #l, Mechanicsburg PA, renewed for a term of 12 months on or about the 15t day of July 2008. The term ended on or about June 30, 2009. I understand that you moved out of this property on or about September/Vt. 2008. The power was taken out of your name on or about September 6th, 2008. Thus, you broke the contract and departed prior to the end of the present term. .According to the terms and conditions of your lease you forfeit your security deposit as liquidated damages on account of this breach. I have not received rent for September 2008. The rent due for September 2008 is.$730.00. Next, you returned my property in a horrible, filthy condition. The cat odor was unbearable. The cat urinated and destroyed carpets and caused us odor eradication problems throughout the entire unit. The cat urinated in the air,conditioning intake vent in front of the rear door. We then discovered an actual pool of cat urine in the duct work underneath; the duct work had to be replaced since it was not possible to remove the urine damage and odor from that. The damages caused by the cat were certainly very extensive. The amounts due to Attorney James M. Bach for damages to this unit are as follows: :. ........... $250.00 1. General cleanup of unit and cleaning supplies ........... ............. 2. Removal of duct work from underneath unit and repurchase and replace same ........................................ ....................... . ...................$120.00 3. Materials and labor regarding replacement, removal, and haul away of cat urine soaked carpeting in living room.. Also, labor of installation of new flooring in living room ................................................................................... $1,569.62 TOTAL DAMAGES .........................................................................$1,939.62 TOTAL DUE INCLUDING SEPTEMBER 2008 RENT($730.00) ................$2,669.62 C;? correct tins problem by removing the animal trom the property upon the oeglnn ng or Pis spraying racucs. Nevertheless, kindly remit to me at your earliest attention the damages caused by your leaving the property in a filthy condition and your cat urinating throughout the entire unit thus destroying the flooring and other items. Lastly, upon your moving into that property it was impeccable and spotlessly clean. Respectfully, h . Bac resM at Law Encl. Copy of lease 2 i f i {\ r: JAMES M. BACH Attorney At Law 352 S. Sporting Hill Rd., Mechanicsburg, PA 17050, Tel: (717) 737-2033 November 17, 2008 Kathy Kablil 82 Linda Drive Lot 28 Mechanicsburg, PA 17050 Re: 22 Sinclair Rd. Unit 41 Mechanicsburg, PA Dear Ms. Kahlil, f am pleased to enclose herewith, upon your request, copies of all receipts and invoices related, to repairs and cleaning of your previous residence known and numbered as 22 Sinclair Rd. Unit #1, Mechanicsburg, PA. Please review all invoices and receipts related to repairs and cleaning necessary due to damages caused by you as well as the filthy.nature you left the unit in upon departure. If you have any further questions or issues, feel free to contact me. Respectfully, rsM. h ry End: Receipts and Invoices `? S . '-?. -1•??- a.Sc ?? {?<' ???' ? f ? ? Ll?.ci?t i?? , Orl c? Sal ???I+FS i 5 i It 11 7/0 (( Ex H 1? P ?1U,s 6 /?j "?L^)031 re 4 o ev e'r' 6- / ?t n I cr?v.f? 0? , ? 7nJ J i ?- 'a7c SII`l , 4I, mPC ?n/c.S?fJ???? ? L I/e cx Z /0Ljo e Ccy7o/pl i To yn Q, A10 ? e 9008 . Get lG-u ?a ?d ?'r !esJ' ?P Sheer 4h, 'r W/11 be- A7 S .Sec-vr' c-y c''e, e os , E- ec:, OF THE FF 7?`;N' TARY 2009 APR 15 Ph 2: 55 9 Rob Bleecher, Esquire Pecht & Associates, PC Attorney ID # 32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717)691-9809 JAMES M. BACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KATHY KAHLIL, Defendant CIVIL ACTION-LAW a# No. 4f4Y-760 CIVIL TERM NOTICE TO PLEAD To: JAMES M. BACH YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Preliminary Objection to Plaintiff's Amended Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Dated: By: -4 Respectfully submitted, PECHT &,AR901?3ATES, PC Attorney I.D. 432594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9809 Attorneys for Defendant Rob Bleecher, Esquire Pecht & Associates, PC Attorney ID # 32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717)691-9809 JAMES M. BACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KATHY KAHLIL, Defendant CIVIL ACTION-LAW No. 99=760 CIVIL TERM DEFENDANT'S PRELIMINARY OBJECTION TO PLAINTIFF'S AMENDED COMPLAINT Defendant KATHY KAHLIL, by and through her counsel, Pecht & Associates, PC, files this Preliminary Objection to Plaintiff's Amended Complaint as follows: 1 Defendant objects to Plaintiff's Amended Complaint as Plaintiff has violated Pa.R.C.P. No. 1028(a)(2) for failure to conform to law or rule of court by failing to properly verify the averments of fact contained in his Amended Complaint as required by Pa.R.C.P. Nos. 1024 and 76. 2. Pa.R.C.P. No 76 requires that a verification be supported by oath or affirmation or made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities, which Plaintiff has failed to do. 1 Wherefore, Defendant respectfully requests this Court to dismiss the Plaintiff s Amended Complaint for failure to comply with Pa.R.C.P. No. 1028(a)(2). Respectfully submitted, PECHT & ASS9;' IATES, PC Dated: 4* By: Rob Bleecher, Esquire Attorney I.D. #32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9809 Attorneys for Defendant 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Defendants' Preliminary Objection to Plaintiff's Amended Complaint upon the following below- named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Mechanicsburg, Cumberland County, Pennsylvania this 8th day of May 2009. James M. Bach, Esquire 352 South Sporting Hill Road Mechanicsburg, PA 17050-3061 Respectfully submitted, PECHT & 4SSOCIATES, PC Dated: By: ROB BLEECHER, ESQUIRE ATTORNEY I.D. #32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9809 Attorneys for Defendant 3 -, r r- 1. iL, r" OF THE LIT ?' ?F?Y 2 U9 MAY 12 A'I II rr. Lv JAMES M. BACH IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 09-760 KATHY KAHLIL CIVIL ACTION - LAW Defendant 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 JAMES M. BACH Plaintiff VS KATHY KAHLIL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-760 CIVIL ACTION - LAW (SECOND) AMENDED COMPLAINT 1. James M. Bach is an adult individual residing at 352 South Sporting Hill Road, Mechanicsburg, Pennsylvania 17050. 2. Kathy Kahlil is an adult individual residing at 82 Linda Drive, Lot #28, Mechanicsburg, Pennsylvania 17050. 3. Kathy Kahlil is a former tenant of James M. Bach. The tenant rented property known and numbered as 22 Sinclair Road, Unit #1, Mechanicsburg, Pennsylvania 17050. (SEE PAGE 1 OF "EXHIBIT 111, LEASE). 4. The tenant violated the terms and conditions of a written lease agreement by departing the premises prior to the end of her term, thus forfeiting tier security deposit as liquidated damages. (SEE PAGE 3 OF "EXHIBIT 1 ", BRACKETI?D PORTION). The term would have ended November 31, 2008. Tenant left in September 2008. 5. Defendant Kathy Kahlil has been requested to pay for the various damages set forth herein and refused to pay for same. (See "See Exhibit 2" AS WELL AS PAGE 1, PARAGRAPH 7 OF "EXHIBIT 1", IN BRACKETS). 1 6. Defendant Kathy Kahlil has been provided with all receipts and invoices related to all repairs and cleaning of her prior residence, 22 Sinclair Road Unit #1, Mechanicsburg, PA, the subject matter of this Complaint. (SEE "EXHIBIT 3"). WHEREFORE, the Plaintiff James M. Bach respectfully requests that this Court enter a Judgement against Kathy Kahlil in the amount of $2,761.47, together with costs of $40.50 for a total of $2,801.97. COUNT II - ACCELERATED RENT 7. The Lease requires that upon breach all rents become due for the remaining part of the term. (SEE PAGE 2, PARAGRAPH 4 OF "EXHIBIT 1 "). , 8. The original term began February 10, 2006 and ended on June 30, 2007. (SEE PAGE 1, PARAGRAPH 3 OF "EXHIBIT 1"). The contract then renewed for another like term. (SEE PAGE 2, PARAGRAPH 10 OF "EXHIBIT F", UNDERLINED PORTION). 9. The breach occurred in September 2008 (SEE "EXHIBIT 4") and Kathy Kahlil is liable for accelerated rents for the months of September 2008, October 2008, and November 2008. The monthly rent due and owing is $730.00 per month. (SEE PAGE 1, PARAGRAPH 4 OF "EXHIBIT I"). The total accelerated rent due and owing is $2,190.00. 2 WHEREFORE, the Plaintiff James M. Bach respectfully requests $2,190.00 as additional damage for accelerated rents. The total that the Plaintiff is seeking is: Count I .................................. ..... $2,801.97 Count II ................................................................... $2,190.00 TOTAL ................................ ... $4,991.97 RESPECTFULL Y S UBMITTED, DATE:_ 3-- (? J . BACH, ESQUIRE Att r ey for the Plaintiff 3 Sporting Hill Road chanicsburg, PA 17050 717) 737-2033 I.D. # 18727 3 JAMES M. BACH Plaintiff VS KATHY KAHLIL ; Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-76o CIVIL ACTION - LAW VERIFICATION I, James M. Bach, have reviewed this Complaint and swear and affirm that the facts set forth herein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsifications to authorities. Date y J, M. BACH, Plaintiff I? !ry Ok i r, JAMES M. BACH, v. KATHY KAHLIL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.09-760 CIVIL ACTION -LAW Plaintiff PRAECIPE TO THE PROTHONOTARY: Kindly mark the within Case settled, satisfied, and discontinued, with prejudice. DATE: ~ ~ ~ J C1 DATE: •~ d~ RESPECTFULL Y SUBMITTED, JA S M BAC , (PLAINTIFF) /'--'~ RO ESQUIRE cant, Kathy Kahlil _. ~ ,, ~~_ _ .