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HomeMy WebLinkAbout09-0775?j Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShookCdcdlaw.net Attorney for Plaintiff THOMAS J. GAUL and IN THE COURT OF COMMON PLEAS GEORGINE GAUL, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No: 09- '715 CfVlllirm LEHMAN GROUP, INC. t/d/b/a CIVIL ACTION - LAW LEHMAN PROPERTY MANAGEMENT, : Defendant NOTICE TO DEFEND AND CLAIM RIGHTS NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take 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 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona a por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previo aviso o notificacion y por cualquier queja o akuvui que es pedido en la peticion de demanda. Listed puedo parder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSSGUTA ASISTENCIA LEGAL: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Respectfully Submitted a Date: ` 9 - ° 9 By: 62 JVVIL Brya . Shook, Esquire Attorney Id. No.: 203250 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff 4. Prior to November 8, 2007, Plaintiffs, Thomas J. Gaul and Georgine Gaul, his wife, purchased several investment properties, including, but not limited to: a. 1940 Bellevue Road, Harrisburg, Dauphin County, Pennsylvania b. 216-218 4th Street, Enola, Cumberland County, Pennsylvania c. 1929 Market Street, Harrisburg, Dauphin County, Pennsylvania d. 2233 North 6th Street, Harrisburg, Dauphin County, Pennsylvania e. 2200 Walnut Street, Harrisburg, Dauphin County, Pennsyvlania. 5. On or about November 8, 2007, Plaintiffs and Defendant entered into a Management and Leasing Agreement (hereinafter referred to as "Agreement") covering the five properties identified in paragraph 4 above. (A copy of the aforementioned Management and Leasing Agreement is attached hereto, made part hereof and marked as Exhibit "A"). 6. On or about September 4, 2008, Plaintiffs timely tendered their written notice to quit services and terminate the aforementioned November 8, 2007 Agreement to Defendant. (A copy of the aforementioned September 4, 2008 letter to Defendant is attached hereto, made part hereof and marked as Exhibit "B"). 7. Plaintiffs believe and, therefore, aver, that Defendant breach its duties under the Agreement by, but not necessarily limited to: a. Failing to collect rents and payments due in violation of Paragraph 2(b) of the Agreement; b. Failing to deposit all rents and payments due to Plaintiffs, including the collection of delinquent rents and payments in violation of Paragraph 2(b) of the Agreement; c. Failing to submit timely, complete, accurate monthly operating financial statements to Plaintiffs in violation of Paragraph 2(f) of the Agreement; d. Failing to arrange for and supervise Defendant's employees or outside contractors to perform regular maintenance on Plaintiff's properties in violation of Paragraph 2(g) of the Agreement; e. Failing to arrange for and supervise determination of major repairs in violation of Paragraph 2(h) of the Agreement; f. Failure to pay utilities, including, but not necessarily limited to, gas and electric utility bills, on behalf of Plaintiffs in a timely fashion whereby causing Plaintiffs to incur late fees and charges, irreparable harm to Plaintiff's credit reports and require Plaintiffs to place security deposits to secure utility services; g. Failing to provide Plaintiffs with tenants' security deposits upon termination of the Agreement; and h. Failing to provide Plaintiffs monies received to date from rents collected. 8. Plaintiffs believe and therefore aver that Defendant breach its duty of good faith and fair dealing inherent in every contract. 9. The total rents that should have been received by Defendant from tenants, if all rents were paid during the time Defendant was managing Plaintiffs' properties, should have been $63,635.00. 10. Defendant's management fee, as outlined on Schedule A to the Agreement is 7% or $4,454.45 of the aforementioned $63,635.00. 11. Therefore, Plaintiffs share of the $63,635.00 would be $59,180.55 which is computed by subtracting the $4,454.45 (management fee) from the $63,635.00 (total rents). 12. Defendant should have received $5,450.00 to hold, in the form of security deposits, from tenants. 13. To date, Plaintiffs have received $32,489.28 from Defendant in the form of rents collected. 14. To date, Defendant has not surrendered possession of the tenants' security deposits despite the termination of the Agreement by Plaintiffs. WHEREFORE, Plaintiffs demand judgment against the Defendant in the amount of $26,691.27 for rental payments not received as well as $5,540.00 for the tenants' security deposits and whatever other relief this Honorable Court deems necessary and just. Respectfully Subnmitt)ed, Dated: Ol - I - O q 6 Bryan W Shook, Esquire Attorney Id. No.: 203250 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 MANAGEMENT AND LEASING AGREEMENT OWNER Uhtmn Proprty Managemat (I&" THIS AGREEMENT, made this 8'h day of November, 2007, by and between Thomas J. Gaul of Lewisberry, PA (hereinafter called "Owner') and Lehman Property Management, (hereinafter called LPM). WHEREAS, Owner is the owner of the property, (hereinafter called the property) listed on the attached property list, schedule A. WHEREAS, LPM, a licensed real estate broker, is engaged in the business of leasing and property management in the Central Pennsylvania area; and WHEREAS, Owner requires leasing and property management services and LPM is ready, willing and able to provide such services; NOW THEREFORE, in consideration of the services to be rendered, the compensation to be paid, and mutual covenants herein contained, the parties hereto, intending to legally bind themselves and respective successors and assigns, do hereby agree as follows: L F.. plovment. Owner hereby employs LPM, as an independent contractor, to perform the services described herein, and does agree to pay LPM therefore the compensation agreed upon herein. LPM accepts such employment and agrees to perform the services described. 2. Duties of LPM a. Negotiate, prepare and execute all leases for the Properties. b. Collect and deposit all rents and payments due to Owners, including the collection of delinquent rents and payments. Establish an account at integrity Bank, in the name of LPM, to serve as a trust account for owner funds. c. Establish a separate escrow account for deposits of tenant deposits required by law to be maintained in an escrow account. d. Approve and pay all operating bills for the properties from funds available in the owners trust account. e. Pay any other bills of the properties as directed by Owner from funds available in the owners trust account. MANAGEMENT AND LEASING AGREEMENT Lebman Property Management (19/07) f. Submit complete monthly operating financial statements to the Owner for the properties. g. Arrange for and supervise LPM employees or outside contractors to perform regular maintenance work on the properties. h. Arrange for and supervise determination of major repairs and, with Owner approval, proceed with the work. 3. Operating Expenses. Include as operating expenses of the Properties: a. LPM compensation. As compensation for the services described, Owner shall pay leasing commissions and a management fee as described below: i. Leasing Commission. The following shall be deemed earned by LPM upon delivery of an executed lease by a prospective tenant. These commissions shall be payable upon receipt from a tenant of the first months rental and security deposit. The commission is a percentage of the gross rent for the term of the lease. The percentage is specified on schedule A. ii- Renewal Commission. The following shall be deemed earned by LPM upon delivery of an executed lease renewal by the current tenant. These commissions shall be payable upon receipt from a tenant of the first months rental after the start of the new lease. The commission is a flat fee which is specified on schedule A. iii. Management Fee. As compensation for its continuing management services, Owner shall pay LPM a management fee as a percentage of the monthly gross income of the Properties, payable each month as billed. The term "Gross Income" shall include all collected rents and other income and charges from normal operation of the premises, including but not limited to rents, late rent, parking fees, laundry income, forfeited security deposits, pet deposits, other fees and deposits and other miscellaneous income. Gross income shall include Owner-occupied space at market rental rate whether collected or not (last sentence is not applicable). Owner Page 2 of 6 LPM MANAGEMENT AND LEASING AGREEMENT Lehman Property Management (101107) iv. Adminiltrative Fee. As compensation for arrangement and tracking of various work performed by subcontractor, specialized advertising campaigns, handling of insurance claims, etc. This fee has a maximum of 10% of the actual cost and a minimum fee of $5.00. b. All actual maintenance work performed on the Properties by IPM employees, billed as specified on schedule B c. All costs of sub-contractor work performed on the properties. d. All purchase of supplies, materials, advertising, and promotion for the properties. e. All purchases of equipment and parts for sole use of the properties. f. Costs of utilities and services necessary to the properties. g. Costs of any and all legal fees for any reason, including but not limited to the collection of delinquent rents and evictions. h. All real estate taxes, insurance premiums, assessments for municipal improvements and governmental levies on the properties. 4. Owner Consent. LPM will first secure the consent of Owner before making expenditures in excess of the sum of $300 dollars per property in connection with the costs of outside contractor work (including legal expenses), purchase of supplies and materials and purchase of equipment and parts, unless such expense is incurred under such circumstances, as LPM shall reasonably deem to be an emergency. 5. Compensation to LPM. As compensation for the leasing and management services described above, Owner shall pay LPM any leasing commission or management fee earned. LPM shall deduct this compensation as a priority operating expense from rents collected prior to payment of any other expenses or to payment to owner. Owned - Page 3 of 6 LPM I U -,C*/ MANAGEMENT AND LEASING AGREEMENT Lehmmn Property Mon Bement (10W) 6. Term of Emploxmgnt. This agreement shall be for a term of one year from the date hereof: provided that either party may terminate this Agreement upon (90) days' written notice to the other. If not so terminated, this agreement shall be deemed to be renewed for a like term on each successive anniversary date hereof. U Owner terminates agreement within the initial twelve (12) months, it will pay a termination fee of $300.00 per property in addition to any other funds due to LPM for incurred expenses, except that if LPM is terminated with cause, there shall be no termination fee payable by Owner other than that portion earned to date. 7. Rental Collection and payments. LPM shall collect all rents and payment due Owner under the lease, and shall pay all operating expenses of the Properties, provided, however, that in the event rental collections are not sufficient to pay all such expenses, LPM shall promptly notify Owner and detail for Owner the amount of such shortage and the vendors or other persons who cannot be paid by reason thereof. LPM shall have no responsibility to fund such operating deficit in any way. All vendors and other creditors of the Properties shall bill Owner, in care of LPM as such address as LPM shall designate. 8. Not Partners. It is expressively agreed that LPM shall act hereunder as an independent contractor subject only to the general supervision of Owner, and that LPM is not a partner, joint venture with or agent of Owner, has no interest in the profits and losses of Owner, and is connected with Owner only as set out in this agreement. 9. Discharge gf Liability. Owner shall indemnify, defend and save LPM harmless from all loss, damage, cost, expense (including attorney's fees), liability or claims from personal injury or property damage incurred or occurring in, on, or about the properties. Owner shall obtain and keep in force adequate insurance against Physical damage (e.g. fire with extended coverage endorsement, boiler and machinery, etc.) and against liability for loss, damage, or injury to property or persons, which might arise out of the occupancy, management, operation or maintenance of the Properties. LPM shall indemnify Owner as to any awarded judgments related to the negligence of LPM as it relates to the Civil Rights Act of 1866, the Fair Housing Act of 1968, The Fair Housing Amendments Act of 1988 and/or the American Disabilities Act. 10. Owner is responsible. To pay the mortgage, utilities, taxes, and all other bills pertaining to the aforementioned property. Owner Page 4 or 6 LPM MANAGEMENT AND LEASING AGREEMENT Lehman Property Management (MM 11. Unit Availability. Owner will notify IPM in writing when a unit is available for showing and occupation. Unit must meet all code requirements for rental, including a rental inspection. LPM will place a tenant in property, within 10 weeks, utilizing a standard screening procedure and lease contract. LPM is authorized to utilize rent credit incentives of up to V4 a month rent to obtain a tenant rapidly. Failure to deliver tenant on the part of LPM would allow Owner to terminate the unit for cause as specified in paragraph 5. This clause does not apply if Owner fails to continue to provide access to the unit, maintain insurance, and/or resolve any maintenance or function problems LPM preventing the leasing of the unit. 12. Notices. All notices or communications required or made between the parties shall be deemed given or made upon deposit in the united states mail, addressed as set out below, or to such other address as the parties may furnish: If to Owner: Thomas J. Gaul PO Box 540 New Cumberland, Pa 17070 717-648-5843 If to LPM: Lehman Property Management 2740 Penbrook Ave Harrisburg, Pa 17103 13. Authorized Simatures. The persons executing this Agreement on behalf of the respective parties each represent that they are authorized so to do, and that this agreement is and shall be binding upon such parties. 14. Employee Insurance. Owner and LPM understand that it is the LPM's sole and complete responsibility to pay all employment taxes, including Federal and State withholding taxes, Social Security, and obtain insurance, including worker's compensation coverage and public liability insurance arising out of or relating to this Agreement. Owner Page 5 of 6 LPMyIWZ7- MANAGEMENT AND LEASING AGREEMENT Addendum Item Rates Hourly Overtime Holiday Min Max General Labor $15 $18 X1.5 X2 General Maintenance $24 $30 X1.5 X2 Master Plumber $40 $60 X1.5 X2 Master Electrician $40 $60 X1.5 X2 Legal Filing * $30 $40 NA NA Present At Hearing * $45 $60 NA NA * Plus filing fee ?{? in. ? 962c, ® CO A,) CCt-Sv , ?,i* . Owner Lp- MANAGEMENT AND LEASING AGREEMENT Property List Schedule A Owner O-1 LP MANAGEMENT AND LEASING AGREEMENT Lehman Property Management (10J09) 15. Construction. Wherever the context so requires, the feminine gender shall be substituted for the masculine, the masculine for the feminine or the neuter for either; the singular shall be sustained for the plural and vice versa. Paragraph headings are only for the convenience of the parties and do not constitute a part of this agreement. This agreement is made and executed in the commonwealth of Pennsylvania and shall be construed and enforced in accordance with the laws thereof. 16. Entire Agreement. This Agreement represents the entire agreement between the parties with respect to the within subject matter. No alterations, modifications or amplifications hereof shall be effective unless reduced to writing and signed or initialed by all parties hereto, or their authorized representatives. Rental schedules and parameters for lease negotiations shall be established from time to time between the parties, and shall be reflected in memoranda. In Witness Whereof, the parties hereto, intending to legally bind themselves, their heirs, personal representatives, successors and assigns, have hereunto set their respective hands an seals on the day and year first above written. Le k2an Management O Ilh/p? A/ / / lgq G D Thomas ul Date President Dian Lehman Date Geogine Gaul Date Secretary Owner V Page 6 of 6 LPw/, Jo Jo Properties LLC PO Box 540 New Cumberland, PA 17070 717.648.5843 September 4, 2008 Lehman Property Management 2740 Penbrook Avenue Harrisburg, PA 17103 Glenn: This letter will serve as our notice to quit services effective November 1, 2008. We would like to set a time to tie up all loose ends, security deposits, all original bills from all vendors used on our properties, all pertinent information relating to existing tenants and vendors, all keys, etc. We would like to start collecting the information, especially original bills as soon as possible. I need to have this information by the end of September in order for me clarify anything with my accountant. Please contact me as soon as possible to set this up at 648-5843. Sincerely, Thomas J. Gaul VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: a??)axJ '? / (v 09 Thomas JJdiul VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: T(.?. fc 009 '4". 'Zzz?z Georgin Gaul 410- ohs gi ., i 0 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-00775 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GAUL THOMAS J ET AL VS LEHMAN GROUP INC ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LEHMAN GROUP INC T/D/B/A LEHMAN PROPERTY MANAGEMENT but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 25th , 2009 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dauphin County 49.25 Postage .42 86.67 02/25/2009 DARRELL DETHLEFS So answers- Thomas Kli e Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. i -- jf t C?j In The Court of Common Pleas of Cumberland County, Pennsylvania Thomas J. Gaul and Georgine Gaul vs. Lehman Group, Inc. t/d/b/a Lehman Property Management 96 Fairfax Village Harrisburg, PA 17112 OR 2740 Penbrook Ave. Harrisburg, PA 17103 Civil No. 2009-775 Now, February 17, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M, served the within upon at by handing to a and made known to copy of the original the contents thereof. So answers, County, PA Sworn and subscribed before me this day of 120 COSTS SERVICE $ MILEAGE AFFIDAVIT (Rf#iz.t of the 'She ff MarMaEstate ne Snyder William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy THOMAS & GEORGINE GAUL VS LEHAMN GROUP INC. T/DB/A LEHMAN PROPERTY MANAGEMENT Sheriffs Return No. 2009-T-0414 OTHER COUNTY NO. 2009775 And now: FEBRUARY 23, 2009 at 11:05:00 AM served the within COMPLAINT upon LEHAMN GROUP INC. T/DB/A LEHMAN PROPERTY MANAGEMENT by personally handing to GLENN LEHMAN 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 2740 PENBROOK AVE. HBG PA 17103 PRESIDENT; 96 FAIRFAX VILLAGE IS A PROPERTY THEY MANAGE Sworn and subscribed to before me this 24TH day of February, 2009 A7??/ NOTARIAL SEAL FRY JANE SNYDER, Notary Publi Highspire, Dauphin County M Oommission Ex ilea 1 2010 Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 So Answers, Sheriff of Da hin By Deputy Sheriff Deputy: G MILLER Sheriffs Costs: $49.25 2/19/2009 Timothy M. Barrouk, Esquire ID# 203250 The McShane Firm, LLC 4807 Jonestown Road Suite 14 Harrisburg, PA 17109 Telephone- (717)657-3900 Fax- (717)657-2060 tmb(&them c shanefirm.com Attorney for Defendant THOMAS J. GAUL and IN COURT OF COMMON PLEAS GEORGINE GAUL, his wife CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs V. No: 09-775 Civil Term i LEHMAN GROUP, INC. t/? /b/a CIVIL ACTION- LAW LEHMAN PROPERTY MANAGEMENT, Defendant MA AND NOW this Inc. t/d/b/a Lehman McShane Firm, LLC and Answer With New Matte 1. Admitted 2. Admitted 3. Admitted th day of May, 2009, comes the Defendant, Lehman Group, rty Management, by and through his undersigned Attorney, The Timothy M. Barrouk , Esquire and avers in support of their and Counterclaim as Follows: 4. Denied in Part and Admitted in Part. Defendant is without sufficient knowledge to admit or deny whether 1940 Bellevue Road, Harrisburg, Dauphin County, Pennsylvania and 1929 Market Street, Harrisburg, Dauphin County, Pennsylvania were purchased by Plaintiff's, Thomas J. Gaul and eorgine Gaul, prior to November 8, 2007. As such, specific proof is demanded at trial. i • f 5. 6 Denied in P art. It is admitted that the Defendant entered into a Manageme nt and Leasing Agreement (hereinafter referred to as "Agreeme t") with Plaintiff s on or about November 8, 2008. To the extent that Plaintiff s allege that the properties in paragraph 4 are included in the Agre ment, Plaintiff is averring a conclusion of law to which no responsive leading is required. To the extent that this statement is factual in nature th Defendant avers that the Contract speaks for itself. Further, Defendant, specifically denies that the properties listed in paragraph 4(a) and paragr h 4(c) are covered by the Agreement because they are not listed anyw here in the agreement. Denied in P an. Defendant admits that a notice of termination was sent from Plainti ffs to Defendant on September 4, 2008. However, Defendant' averment that Plaintiff s "timely" tendered their written notice to qu t services and terminate the Agreement is a conclusion of law to which no responsive pleading is required. To the extent that it is deemed fact 1 in nature, it is denied. Paragraph 6 of the Agreement states that "T his agreement shall be for a term of one year from the date hereof. prov ided that either party may terminate this Agreement upon 90 days' written notice to the other." (See attached Exhibit A). Clearly, September 4 2008 is less than 90 days from November 8, 2008. Additionally the Agreement was for one year and was entered into on November 8 2007. The September 4, 2008 letter indicated that Plaintiff s were going t Quit Services effective November 1, 2008. V 7. Defendant denies the allegations contained in Paragraph 7 of Plaintiffs' Complaint. Defendant is advised and therefore avers that said allegations are conclus ons of law to which no responsive pleading is required. To the extent that her answer is required please refer to paragraphs 7(a) through 7 a. Def ndant denies the allegations contained in Paragraph 7(a) of Plai tiffs Complaint. Defendant is advised and therefore avers that said allegations are conclusions of law to which no responsive is required. Further, Plaintiff's fail to indicate specific and properties for which rents were not collected. As such, is without sufficient knowledge to confirm or deny this and specific proof is demanded at Trial. To the extent that farther answer is required, Defendant denies Plaintiffs' general that it failed to collect rents and avers that all rents were in accordance with the agreement. b. =Complaint. t denies the allegations contained in Paragraph 7(b) of Defendant is advised and therefore avers that said allegations are conclusions of law to which no responsive is required. Further, Plaintiffs' failed to plead with specifi not de to con at trial. ity any specific rents or payments due to them that were )sited. As such, Defendant is without sufficient knowledge rm or deny this allegation and specific proof is demanded To the extent that further answer is required, Defendant • } denies Plaintiffs' general averment and avers that all rents and pay ents due to Plaintiffs, including collection of delinquent rents and ayments where deposited to Plaintiffs within 6 hours of the time they were received by Defendant. C. Def ndant denies the allegations contained in Paragraph 7(c) of Plai tiffs Complaint. Defendant is advised and therefore avers that said llegations are conclusions of law to which no responsive pleading is required. Further, Plaintiffs failed to plead with specificity any specific instance of statements not being timely, completely, or accurately submitted. To the extent that further answ is required, Defendant denies Plaintiff's averment because Defendant did submit timely, complete, and accurate monthly operating statements to Plaintiffs as required by paragraph 2(f) of the a reement_ d. Defe dant denies the allegations contained in Paragraph 7(d) of Plaint iffs Complaint. Defendant is advised and therefore avers that said legations are conclusions of law to which no responsive pleadi ng is required. To the extent that further answer is required Defen dant denies Plaintiff's averment because Defendant did arrang e for and supervise its employees or outside contractors to perfori n regular maintenance on Plaintiff's properties in accord ce with Paragraph 2(g) of the Agreement. V I. e. De ndant denies the allegations contained in Paragraph 7(e) of Plaintiffs' Complaint. Defendant is advised and therefore avers that said allegations are conclusions of law to which no responsive pleading is required. Plaintiff's failed to plead with specificity any specific instance of Defendant's failure to arrange for and vise determination of major repairs and specific proof is nded at trial. To the extent that further answer is required, iff s averment is denied because Defendant arranged for and sed determinations of all major repairs as outlined in the f. Defe dant denies the allegations contained in Paragraph 7(f) of Plaintiffs' Complaint. Defendant is advised and therefore avers that id allegations are conclusions of law to which no responsive pleading is required. All bills went to the Plaintiff first and were then orwarded to the Defendant. Defendant paid all bills received and also made reasonable efforts to contact utility providers to confi that there were no outstanding bills. g. Denied. Plaintiff was reimbursed all security deposits in accordance with the agreement. Please see exhibit B as proof of h. Denied. Defendant provided Plaintiff with all monies received by the Defendant for rents collected. V ? 8. Defendant denies the allegations contained in Paragraph 8 of Plaintiffs' Complaint. Defendant is advised and therefore avers that said allegations are conclus ons of law to which no responsive pleading is required. To the extent that er answer is required, Defendant denies that it breached its duty of goo faith and fair dealing. 9. Defendant d enies the allegations contained in Paragraph 9 of Plaintiffs' Complaint. Defendant is advised and therefore avers that said allegations are conclusi ns of law to which no responsive pleading is required. It is impossible place an accurate figure on total rents if all rent for the properties i all rents were received because it is impossible to state whether a p operty will always be occupied. Accordingly, specific proof is demande at trial. 10. Defendant d vies the allegations contained in Paragraph 10 of Plaintiffs' Complaint. Defendant is advised and therefore avers that said allegations are conclusi ns. of law to which no responsive pleading is required. As stated in paragraph 9 the payments of $63,635.00 are in dispute and as 11. such a specific calculation of the management fee is impossible to calculate. Specific proof is demanded at trial. Defendant does admit that he is entitled to a 7% management fee. Defendant d nies the allegations contained in Paragraph 1 I of Plaintiffs' Complaint. efendant is advised and therefore avers that said allegations are conclusio s of law to which no responsive pleading is required. To the k 12 extent that further answer is required Plaintiff s calculations are denied as more fully outlined in paragraphs 9 and 10. Defendant denies the allegations contained in Paragraph 12 of Plaintiffs' Complaint. Defendant is advised and therefore avers that said allegations are conclusions of law to which no responsive pleading is required. Plaintiffs' fail to aver how the figure of $5,450.00 was reached and specific pro f is demanded at trial. To the extent that further answer is required it i averred by Defendant that all security deposits from tenants were receiv d and subsequently reimbursed to Plaintiffs. 13. Denied. 14. Denied. WHEREFORE, judgment in his favor and 15. The herein. 16. Defendant 17. 18. dant respectfully requests that this Honorable Court enter a ;ainst the Plaintiff on its Complaint. NEW MATTER is of paragraphs one (1) through fourteen (14) hereof are by reference as if the same were more fully set forth at length ted all rent into Plaintiff s account within six hours of receipt for al properties. Defendantsubmitted timely, complete, and accurate monthly operating financial statements to the Plaintiffs as outlined in attached Exhibit A. Paragraph 6 of the Management and Leasing Agreement indicates that "this agreem nt shall be for a term of one year from the date hereof. 19. 20. 21 22 23. 24. 25 26. 27 28 Plaintiffs t ok all of the keys to his properties from Defendant on September 0, 2008. The letter t terminate the aforementioned agreement dated September 4, 2004, state that "This letter serves as our notice to quit services effective November , 2008". The Plaintif fs did not provide the appropriate 90 day notice as required by paragraph 6 of the Agreement. Paragraph 6 of the Agreement provides, "If the owner terminates agreement thin the initial twelve (12) months, it will pay a termination fee of $300. 00 per property in addition to any other funds due to LPM for incurred exp enses...." The Plaintif collected all rent for the month of November 2007. Defendant's aid a total of thirty-eight thousand and one dollars and eighty three ents ($38,001.83) to Plaintiff's. 216-2184 th Street, Enola, Cumberland County, Pennsylvania was brought to the Defen ant with all of the units occupied. Leases were provided for this property. No tenant ledgers were provided for this property. The rent for 18 4th Street, Enola, Cumberland County, Pennsylvania was paid directly to Plaintiffs. The Plaintiff held the security deposits for 218 4th Street, Enola, Cumberland County, Pennsylvania. The Plaintiffs held the security deposits for Apartments 1 and 2 at 216 4th Street, Enola, Pennsylvania. 29. 30 31 32 33 34 35. 36. The security deposit for the tenant of Apartment 2 at 216 41h Street, Enola, Pennsylvania was returned from the Plaintiffs' trust account upon the tenant vaca ing the premises. Defendant' rented Apartment 2 at 216 4`h Street, Enola, Pennsylvania within six ( ) weeks of it becoming vacant. The following amounts are still owed with regard to 216-218 4`h Street, Enola, Cum erland County, Pennsylvania: a. Man gement Fee $608.30 b. Inspection Attendance Fee $45.00 C. Adm'nistrative Fees $7.89 d. Terrr ination Fee $300.00 2223 North `h Street, Harrisburg, Dauphin County, Pennsylvania was first brought to D fendant in January 2008. 2223 North th Street, Harrisburg, Dauphin County, Pennsylvania was being rehabilitated by Plaintiffs during the period beginning January 2008 and ending arch 2008. In April 2008, the Plaintiffs terminated Defendants management of 223 North 6`h Street, Harrisburg, Dauphin County, Pennsylvania. In August 2008, the Plaintiffs rehired Defendants to manage 2223 North 6`h Street, H 'sburg, Dauphin County, Pennsylvania. All maintenar. ce requests for 2223 North 6`h Street, Harrisburg, Dauphin County, Penn ylvania were sent to the Owner who sent the contractor he had directly engaged to make repairs. 37 38 39. 40. 41 42. 43. The follow ng amounts are still owed with regard to 223 North 6`h Street, Harrisburg, Dauphin County, Pennsylvania: a. M agement Fee $30.00 b. Insp ection Attendance Fee $45.00 C. Adm inistrative Fees $7.89 d. Te ination Fee for April 2008 $300.00 e. Final Termination Fee $300.00 During the m eeting to discuss termination of management for 223 North 6`h Street, H sburg, Dauphin County, Pennsylvania, Plaintiffs authorized n more work to be performed by Defendant without specific approval. 1940 Bellew e Road, Harrisburg, Dauphin County, Pennsylvania was brought to D fendant under rehabilitation. 1940 Bellew Road, Harrisburg, Dauphin County, Pennsylvania was made availab le in January 2008. On February , 2008, 1940 Bellevue Road, Harrisburg, Dauphin County, Pennsylvania was rented for eight hundred ($800.00) dollars with an eight hundred ($80 0-00) dollar security deposit. The security d eposit for 1940 Bellevue Road, Harrisburg, Dauphin County, Penn ylvania was deposited into the owners account on February 5, 2008. The tenant at 1 940 Bellevue Road, Harrisburg, Dauphin County, Pennsylvania ame recommended by Plaintiff, Thomas Gaul. r • 44 45 46 47. 48. 49 50. A Landlord/Tenant Complaint was filed against the tenant in September 2008. At the conclusion of the meeting to terminate management 1940 Bellevue Road, Harrisburg, Dauphin County Pennsylvania, Plaintiffs took possession f all keys to the property. The following amounts are still owed with regard to 1940 Bellevue Road, Harrisburg, Dauphin County Pennsylvania: a. Management Fee $47.22 b. Hearing Attendance Fee $60.00 C. Utili y (water) $77.73 d. Termination Fee $300.00 Plaintiffs ov rpaid Defendant fourteen dollars and twelve cents ($14.12) in administrative fees for 1940 Bellevue Road, Harrisburg, Dauphin County, Pennsylvania. The total am unt of uncollected fees for 1940 Bellevue Road, Harrisburg, Dauphin Co ty Pennsylvania from Plaintiff is four hundred and seventy dollars and eighty-three cents. 2200 Walnut Street, Harrisburg, Dauphin County, Pennsylvania, was brought to Defendant with 2 units under rehab. Apartment 2 was the only unit rented at 2200 Walnut Street, Harrisburg, Dauphin Co ty, Pennsylvania when it was brought to Defendant. 51. Defendant resolved numerous heating and plumbing issues with regard to 2200 Walnut Street, Harrisburg, Dauphin County, Pennsylvania that were caused by ulty craftsmanship of the contractor engaged by the owner. 52. At no point was a marketable unit empty for more than a six week period at 2200 Walnut Street, Harrisburg, Dauphin County, Pennsylvania. 53. The followi g amounts are still owed with regard to 2200 Walnut Street, Harrisburg, Dauphin County, Pennsylvania: a. Management Fee $38.71 (owed to Plaintiff) b. Fee or Storage of Propertey $40.00 Unit 2F C. A d. T 54. 55. 56. e. Ylaa f. Refr. A security d Dauphin Co February l,: A security di Dauphin Coi February 19, A security de Dauphin Cot inistrative Fees $157.88 iination Fee $300.00 ment Fee $900.00 gerator for Unit 2 $391.14 ,posit for Apartment 2 at 2200 Walnut Street, Harrisburg, mty, Pennsylvania was deposited to Owner's account on ,009 in the amount of seven hundred ($700.00) dollars. posit for Apartment 1 at 2200 Walnut Street, Harrisburg, nty, Pennsylvania was deposited to Owner's account on 2009 in the amount of one thousand ($1000.00) dollars. posit for Apartment B at 2200 Walnut Street, Harrisburg, city, Pennsylvania was deposited to Owner's account on February 11), 2009 in the amount of six hundred and fifty ($650.00) dollars. 57. No security Deposit was provided to the Defendant for Michael Alexander in Apartment 1 at 1929 Market Street, Harrisburg, Dauphin County, Pennsylvan a. 58. Plaintiff held the security deposit for Shawnta Kent in Apartment 2 at 1929 Market Street, Harrisburg, Dauphin County Pennsylvania in the amount of six hundred and twenty ($620.00) dollars. 59. Plaintiff hel the security deposit for Ken Smith in Apartment 3 at 1929 Market Street, Harrisburg, Dauphin County Pennsylvania in the amount of four hundred ($400.00) dollars. 60. The followi g amounts are still owed with regard to 1929 Market Street, Harrisburg, Dauphin County Pennsylvania: a. Administrative Fees $60.00 b. Termination Fee $300.00 C. He ng fee for second hearing on Apartment 2 $60.00 d. Man, gement fees $103.22 e. Renewal fees $85.00 61 COUNTERCLAIM The averments of paragraphs one (1) through sixty (60) hereof are incorporated by reference as if the same were more fully set forth at length herein. 62. 63. 64 65. i Plaintiff o es Defendant a total of five hundred and eighty-four dollars and sevent -eight cents ($584.78) for uncollected money with regard to 1929 Marke Street, Harrisburg, Dauphin County, Pennsylvania. Plaintiff ow?s Defendant a total of one thousand six hundred and fifty-five dollars and ' rty one cents ($1655.41) for uncollected money with regard to 2200 WaII ut Street, Harrisburg, Dauphin County, Pennsylvania. Plaintiff owe Defendant a total of eight hundred and fifty-five dollars and i fifty seven cis ($852.62) for uncollected money with regard to 216-218 4ch Street, En?la, Cumberland County, Pennsylvania. Plaintiff owes Defendant a total of six hundred and thirty dollars ($630.00) for uncollected money with regard to 2223 North 6'h Street, Harrisburg, ; Dauphin Cour 66. Plaintiff owes for uncollecte Dauphin Coui 67. Plaintiff owes ] three and ninet from Plaintiff. WHEREFORE, Defen of four thousand one hundred monies not collected from the Honorable Court deems neces , Pennsylvania. a total of six hundred and thirty dollars ($470.83) money with regard to 1940 Bellevue Road, Harrisburg, , Pennsylvania. a total of four thousand one hundred and ninety- cents ($4,193.19) for money not collected by Defendant demand judgment against the Plaintiffs in the amount ninety-three dollars and nineteen cents ($4,193.19) for ills by the Defendant and whatever other relief this Respectfully Submitted, Date: C, 0.1 G--_ T Attorney imothy I. M. DB.#arrouk20453,7Esquire 4807 Jonestown Road Suite 242 Harrisburg, Pennsylvania 17109 #717-657-3900 Attorney for Plaintiff Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Beginning Bank Balance Net Income/Loss Other Transactions Received from owner Paid to owner Net Change in Security Ending Bank Balance tailed Owners Statement Ownership: Sixth N 2233 For the period 101112007 - 1013112007 Cash Requirements Reserve Amount: 0.00 Security Deposits Held: 750.00 Total Requirements 750.00 Lehman Prepmly Y...{wint 0.00 0.00 0.00 0.00 0.00 0.00 Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Beginning Bank Balance Net Income/Loss Other Transactions Received from owner Paid to owner Net Change in Security Ending Bank Balance tailed Owners Statement Ownership: Sixth N 2233 For the period 111112007 - 11/30/2007 Cash Requirements Reserve Amount: 0.00 Security Deposits Held: 750.00 Total Requirements 750.00 Lehman Pr "ay w?.o.ae 0.00 0.00 0.00 0.00 0.00 0.00 Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Beginning Bank Balance Net Income/Loss Other Transactions Received from owner Paid to owner Net Change in Security Ending Bank Balance tailed Owners Statement Ownership: Sixth N 2233 For the period 121112007 - 1213112007 Cash Requirements Reserve Amount: 0.00 Security Deposits Held: 750.00 Total Requirements 750.00 LehMM P»pnety r ea?.e,.nc WWI 0.00 0.00 0.00 0.00 0.00 0.00 Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Owners Statement Beginning Bank Balance Net Income/Lose Other Transactions Received from owner Paid to owner Net Change in Security Ending Bank Balance Ownership: Sixth N 2233 For the period 11112008 - 113112008 Cash Requirements Reserve Amount: 0.00 Security Deposits Held: 750.00 Total Requirements 750.00 Lebman Pro" ty,f a.?emaa, 0.00 0.00 0.00 0.00 0.00 0.00 Lehman Property Man> Bement Ghmaa Pmpoty,..u4amast 2740 Penbrook Ave FM -I FM Harrisburg, Pa 17103 ; 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 ailed Owners Statement Ownership: Sixth N 2233 For the period 21112008 - 212912008 Beginning Bank Balance 0.00 Expense Date Reference Type Comment Amount 2/15/2008 1244 50026 Water And Sewer Utility 10018063-0000 7 24.56 24.56 Net Income/Loss 1 -24.56 Other Transactions Received from owner 0.00 Paid to owner 0.00 Net Change in Security De sits 0.00 Ending Bank Balance 1 -24.56 Cash Requirements Reserve Amount: 0.00 Security Deposits Held: 750.00 Total Requirements 750.00 Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Lehmu Aopwty we.?.mne nn PPetalled Owners Statement Ownership: Sixth N 2233 For the period 31112008 - 313112008 Beginning Bank Balance -24.56 Expense Date Reference Type Comment Amount 3/17/2008 50026 ?Iater And Sewer Utility 10018063-0000 7 24.56 24.56 Net Income/Loss 1 -24.56 Other Transactions Received from owner Paid to owner Net Change in Security Ending Bank Balance Cash Requirements Reserve Amount: 0.00 Security Deposits Held: 750.00 Total Requirements 750.00 0.00 0.00 0.00 -49.12 Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Owners Statement Beginning Bank Balance Net Income/Loss Other Transactions Received from owner Paid to owner Net Change in Security Ending Bank Balance Cash Requirements Reserve Amount: Security Deposits Held: Total Requirements Ownership: Sixth N 2233 For the period 41112008. 413012008 0.00 750.00 750.00 Lehman ftol," 1amutemene -49.12 0.00 0.00 0.00 0.00 -49.12 Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Beginning Bank Balance Net InconWLoss Other Transactions Received from owner Paid to owner Net Change in Security Ending Bank Balance ailed Owners Statement Ownership: Sixth N 2233 For the period 51112008 - 513112008 Cash Requirements Reserve Amount: 0.00 Security Deposits Held: 750.00 Total Requirements 750.00 Lehm Pmpwtj ele..?.easet Matma -49.12 0.00 0.00 0.00 0.00 -49.12 Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Beginning Bank Balance Net Income/Lose Other Transactions Received from owner Paid to owner Net Change in Security Ending Bank Balance ailed Owners Statement Ownership: Sixth N 2233 For the period 61112008 - 613012008 Cash Requirements Reserve Amount: 0.00 Security Deposits Held: 750.00 Total Requirements 750.00 Lehman Pmpetq,4w?em et ., -49.12 0.00 0.00 0.00 0.00 -49.12 Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Beginning Bank Balance Net Income/Loss Other Transactions Received from owner Paid to owner Net Change in Security Ending Bank Balance ailed Owners Statement Ownership: Sixth N 2233 For the period 71112008 - 713112008 Cash Requirements Reserve Amount: 0.00 Security Deposits Held: 750.00 Total Requirements 750.00 Lehman Pio"dy meat WM-IffWI - -49.12 0.00 0.00 175.44 0.00 -224.56 Lehman Property Man Bement mm"M"t 2740 Penbrook Ave abt" Harrisburg, Pa 17103 ... 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 etailed Owners Statement Ownership: Sixth N 2233 For the period 81112008 - 813112008 Beginning Bank Balance Income Date Reference Type Comment -224.56 Amount 8/18/2008 TJG005 - TJi Rent C arge Natasha Turner 425.00 8/29/2008 TJG005 - TJ4 Rent C arge Joseph McClendon 650.00 1,075.00 Expense Date Reference Type Comment Amount 8/31/2008 5041 M nagement Fee Management fees: Thomas J. Ge 45.50 45.50 Net Income/Loss 1,029.50 Other Transactions Received from owner 0.00 Paid to owner 0.00 Net Change in Security Dep sits 0.00 Ending Bank Balance 804.94 Cash Requirements Reserve Amount: 0.00 Security Deposits Held: 750.00 Total Requirements 750.00 Lehman Property Management Pmpefty 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 ailed Owners Statement Ownership: Sixth N 2233 For the period 91112008 - 913012008 Beginning Bank Balance 804.94 Income Date Reference Type Comment Amount 9/5/2008 TJ0005 - TJ( Rent arge Natasha Turner 750.00 750.00 Expense Date Reference Type Comment Amount 9/30/2008 5041 7nagement Fee Management fees: Thomas J. GE 52.50 52.50 Net Income/Loss 697.50 Other Transactions Received from owner 0.00 Paid to owner 2,059.00 Net Change in Security Dep sits 0.00 Ending Bank Balance 1 -556.56 Cash Requirements Reserve Amount: 0.00 Security Deposits Held: 750.00 Total Requirements 750.00 D 7o z C 3 7 Z 7 ~ ? A Q. m O w ? m ? m 3 ? 3 W 1 v p?Q w O O N NTA N O O ? O v 4 W O O N qAA N C. O O O z w 7 3 m O N m x m ? t3?D N r. m 7 O O(D o3i m o m 3 3 m X 7 3 CD 0 40 0) 0) qS G1 ? cm (D o p0p 0 O O 0 0 0 0 0 N O O O O O O O La 4 z O m 3 p? G) O1 O fA L 4 m I m 41 3 w m 1 o N O O O CD N ? W N O O O T a 9 m a a d ? N S a 3 c m cc ? a ? N y 7 • 7 A 0 1 CD m a< C 3 3 3 m .a ? O O ?F 3 < m WW !(D Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Detailed Owners Statement Ownership: Bellevue 1940 For the period 101112007 - 1013112007 uhmen Property MM"gement 0.00 Beginning Bank Balance 0.00 Net income/Loss Other Transactions 0.00 0.00 Received from owner 0.00 Paid to owner Net Change in Secur ty Deposits 0.00 Ending Bank Balance Cash Requirements 200.00 Reserve Amount: 00 0 Security Deposits H ld: . Total Requirements 200.00 COMMENTS Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Beginning Bank Balance Net Income/Loss other Transactions Received from owner Paid to owner Net Change in Secur' Ending Bank Balance Cash Requirements Reserve Amount: Security Deposits Total Requirements Detailed Owners Statement Ownership: Bellevue 1940 For the period 111112007 - 1113012007 Deposits 200.00 0.00 020020 00 CO y?ngamant Lahmm PM WW 0.00 0.00 0.00 0.00 0.00 0.00 Lehman Property M 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Detailed Owners Statement Ownership: Bellevue 1940 For the period 121112007 - 1213112007 Beginning Bank Balance Net income/LOss Other Transactions Received from owner Paid to owner Net Change in Securi Deposits Ending Bank Balance Cash Requirements 200.00 Reserve Amount: 0.00 Security Deposits Hel : 200.00 Total Requirements yi np,.,.rq MaWLPM-t y 0.00 0.00 0.00 0.00 0.00 0.00 COi Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Detailed Owners Statement Ownership. Bellevue For the period 11112008 - 113112008 Beginning Bank Balance Net Income/l-oss other Transactions Received from owner paid to owner Deposits Net Change in Secud Ending Bank Balance Cash Requirements 200.00 Reserve Amount: 0.00 Security Deposits H Id: 200.00 Total Requirements COMMENTS Lehman M_ '.'q Naar--- j,- M 0 0.00 0.00 0.00 0.00 0.00 Lehman Properly 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Lehman Pcopert7 K..Wmsnt FOR.. G 116 Detailed Owners Statement Ownership: Bellevue 1940 For the period 21112008 - 212912008 0.00 Beginning Bank Balance Income Date Reference 215/2008 TJG004 - TJ( Expense Date Reference 2/10/2008 2/10/2008 2/15/2008 1244 2/17/2008 2/18/2008 1257 2/25/2008 Charge comment Amount Dywana Blanding 800.00 800.00 Comment Amount Tvpe Repairs & Maintenance General Maintenance 82.50 40.00 Repairs & Maintenance General Maintenance 47.76 3 Water And Sewer Utility 09082051-0000 7 278.68 Repairs & Maintenance General Maintenance 95900-66040 Final 35.40 1 Electric Change to locks/keying 126.55 Locks 610.89 189.11 Net Income/L.oss Other Transactions Received from Paid to owner Net Change in Ending Bank Balance 0.00 0.00 800.00 Deposits Cash Requirements 200.00 Reserve Amount: 800.00 Security Deposits Held: 1,000.00 Total Requirements 989.11 Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J- Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Lehman P-Pet7 n; Detailed Owners Statement Ownership: Bellevue 1940 For the period 31112008 - 313112008 989:11 Beginning Bank Balance Income Date Reference 3/3/2008 TJG004 - TJI Expense Date Reference 3/ p8 1311 3/9/2008 1312 3/17/2008 3/25/2008 Net Income/Loss other Transactions Received from Paid to owner Net Change in Ending Bank Balance it Charge ?1 Electric 23 Gas And Propane 26 Water And Sewer Utility 1 Management Fee Comment Amount 800.00 Dywana Blanding 800.00 Comment Amount 95900-66040 feb 35.40 96.44 207 372 6220 09 final 64.38 09082051-0000 7 56.00 Management fees: Thomas J. Ge 252.22 547.78 0.00 0.00 0.00 Deposits 1,536.89 Cash Requirements 200.00 Reserve Amount: 800.00 Security Deposits Held: 1,000.00 Total Requirements Lehman Property M 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Beginning Bank Balance income Date Reference _ 4/4/2008 TJG004 - TJ( WE 4/4/2008 TJG004 - TJI Re 4/4/2008 TJG004 - TJt W Expense Date Reference 4/25/2008 Net Income/t-oss Other Transactions Received from owner Paid to owner Net Change in Securi Ending Bank Balance Cash Requirements Reserve Amount: Security Deposits i Total Requirements LCUM. PmP.A7 y.Jwment - n n Detailed Owners Statement Ownership: Bellevue 1940 For the period 41112008 - 413012008 1,536.89 Comment Amount Type 400.00 Charge Dywana Blanding 400.00 Charge Dywana Blanding 30.00 Dywana Blanding 830.00 :r reimbursement Comment Amount Tvge 56.00 41 Management Fee Management fees: Thomas J. Ga 56.00 774.00 y Deposits 200.00 800.00 1,000.00 0.00 0.00 0.00 2,310.89 Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Lehman piopeRy KwIm ement f? ?R $_ a Detailed Owners Statement Ownership: Bellevue 1940 For the period 51112008 - 513112008 2,310.89 Beginning Bank Balance Income Date Reference 5/5/2008 T%604 - TJ( 5/5/2008 TJG004 - TJt 5/5/2008 TJG004 - TJI 5/5/2008 TJG004 - TJt Expense Date Reference 5/16/2008 5/19/2008 1514 5/26/2008 5/30/2008 5047150470 Net Income/Loss other Transactions Received from Paid to owner Net Change in Ending Bank Balance ter reimbursement ter reimbursement it Charge nt Charge 3 Admin Fee 3 Repairs & Maintenance 1 Management Fee 26 Water And Sewer Utility Comment Amount 34.38 pywana Blanding 76.57 Dywana Blanding 389,05 Dywana Blanding 380.00 Dywana Blanding 880.00 Comment Amount Adminsistrative charge 7.50 7550 rehang door/repair 2 doors 53.83 Management fees: Thomas J. Ge 233.03 369.36 510.64 0.00 0.00 0.00 Deposits Cash Requirements 200.00 Reserve Amount: 800.00 Security Deposits eld: 1,000.00 Total Requirements 2,821.53 Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 I.eh. P-oPOA7 Na P--t Detailed Owners Statement Ownership: Bellevue 1940 For the period 61112008 - 613012008 2,821.53 Beginning Bank Balance Income Date Reference 6/5/2008 TJ6004 - TJI 6/5/2008 TJ0004 - TJ( 6/5/2008 TJG004 - TJl 615/2008 TJG004 - TJ( 6/5/2008 TJG004 - TJ( Expense Date Reference 6/21/2008 6/25/2008 Net Income/Loss Other Transactions Received from Paid to owner Net Change in Ending Bank Balance Charge )r reimbursement Charge Charge Charge 3 Admin Fee 1 Management Fee Comment Amount Dywana Blanding 30.95 Dywana Blanding 66.82 Dywana Blanding 6,10 Dywana Blanding 399.13 Dywana Blanding 300:00 800.00 Comment Amount Adminsistrative charge 20.00 Management fees: Thomas J. Ge 51.32 71.32 728.68 0.00 2,749.76 0.00 Deposits 800.45 Cash Requirements 200.00 Reserve Amount: 800.00 Security Deposits eld: 1,000.00 Total Requirements Lehman Property M 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Lehman Prop"" Mangement Detailed Owners Statement Ownership: Bellevue 1940 For the period 71112008 - 713112008 800.45 Beginning Bank Balance Income Date Reference _ 7 //72008 TJG RE 7/7/2008 TJG004 - TJI W 7/7/2008 TJG004 - TJ( Ri 7/7/2008 TJG004 - TJ( R, 7/7/2008 TJG004 - TJ( R, Expense Date Reference 7l2 008 7/31/2008 7/31/2008 1922 Net income/Loss Other Transactions Received from Paid to owner Net Change in Ending Bank Balance Cash Requirements Reserve Amount: Security Deposits Total Requirements it Charge .ter reimbursement nt Charge nt Charge nt Charge Comment Amount Dywana Blanding 100.87 11.91 Dywana Blanding 87 22 Dywana Blanding 500A0 Dywana Blanding 100.00 Dywana Blanding 800.00 Comment Amount Tvpe 55.17 1 Management Fee Management fees: Thomas J- G? g 30 3 Admin Fee Adminsistrative charge 93,00 Replace wax ring/supply line and )31 Plumbing 157.47 642.53 0.00 600.45 0.00 Deposits 842.53 200.00 800.00 1,000.00 Lehman ProperW 2740 Penbrooak17103 Pa Harrisburg, 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Beginning Bank Balance Income Date Reference 8/29/2008 TJG004 - TJ( 812912008 TJG004 - TJ( 8/29/2008 TJG004 - TJ( 8/29/2008 TJG004 - TJt Expense Date_ Reference 8/31/2008 Net Income/Loss other Transactions Received from paid to owner Net Change in Ending Bank Balance Cash Requirements Reserve Amount: security Deposits Total Requirements LIIM= ftowl" y,,,Lem?c !tom Detailed Owners Statement Ownership: Bellevue 1940 For the period 81112008 - 813112008 842.53 Comment Amount 77.73 T Dywana Blanding 112.78 r reimbursement Dywana Blanding 596.73 Charge Dywana Blanding 47.76 Charge Dywana Blanding 835.00 ar reimbursement ComrrnO - Amount 58,45 T e Management fees. Thomas J Ge 58.45 1 Management Fee 776.55 Deposits 200.00 leld: 800.00 1,000.00 Gv 0.00 262.53 0.00 1,356.55 Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Lou.. Prop ? 1D.Wment nn nom== Detailed Owners Statement Ownership: Bellevue 1940 For the period 91112008 - 913012008 1,356.55 Beginning Bank Balance income Date Reference 9/26/2008 TJG004 - TJ( 9/26/2008 TJG004 - TJ( 9/26/2008 TJ0004 - TJ( 9/26/2008 TJG004 - TJ( 9/30/2008 Expense Date Reference 9/5/2008 2109 9/29/2008 2256 9/30/2008 Charge Charge Sufficient Funds Fee Charge ! NSF Fee Type 61 Filing Fee 41 Land Scaping .1 Management Fee Comment Amount 203.27 pywana Blanding 80,00 Dywana Blanding 35.00 Dywana Blanding 281 73 pywana Blanding ement fees: Thomas J. Gc -35.00 Manag 565.00 Comment Amount D ana Blanding 194( 96.50 llT Comp- yw 35.00 Landscaping and exterior cleanul 39.55 Management fees: Thomas J. Ga 171.05 393.95 Net Income/Loss other Transactions Received from Paid to owner Net Change in Ending Bank Balance 0.00 1,770.52 0.00 Deposits Cash Requirements 200.00 Reserve Amount: 800.00 Security Deposits Held: 1,000.00 Total Requirements -20.02 ?+ y M i i m Q OT O T (d ? 10 ? d a T C) LA my Q N C o a a 3 a £ L N L A T = m 'O m C CL m a o 0 0 0 o 0 0 0 c 0 0 0 a 40 N N 1? f0 f0 f0 m ro a ? N N v N.. N O O Pf O o O LO N Ln O 0 N N O co g co > N N N .N . v N d , m m V L yy 0. d7 C a c W 'm og F- co 0 o U N yw?, T ? O W E O C c, d r N ~ m m c y? N Q cc C c ?o m c a m w L C m Q a m to 'C ?? d o a O O G ? m rn 0 c s E L e c C C m m o v d co r+ e .. ?' d z m z O n GC Ul Lehman Property Man y?ant Bement cahmaa howK7 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 1707 717-648-5843 Detailed Owners Statement Ownership: Fourth 216 - 218 i For the period 101112007 - 1013112007 i 0.00 Beginning Bank Balance 0.00 Net income/Loss Other Transactions 0.00 Received from owner 0.00 Paid to owner 0.00 Net Change in Securi Deposits 0.00 Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Beginning Bank Balance Net IncomelLoss Other Transactions Received from owner Paid to owner Net Change in Secur Ending Bank Balance Cash Requirements Reserve Amount: Security Deposits Total Requirements Detailed Owners Statement Ownership: Fourth 216 - 218 For the period 111112007 - 1113012007 Deposits 150.00 650.00 800.00 Leemm pcoPeR7 m•p1nme"t Tam= 0.00 0.00 0.00 0.00 0.00 0.00 Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Beginning Bank Balance Income Date Reference 12/1/2007 TJG002 - TJI 12/1/2007 TJG002 - TJ( 12/3/2007 TJ0002 - TJI 12/5/2007 TJ0002 - TJl Lehman Property r+..10121ced Detailed Owners Statement Ownership: Fourth 216 - 218 For the period 121112007 - 1213112007 0.00 By Paid Direct to owner Charge Charge Charge 1,300.00 Expense Date Reference 12/21/2007 Net Income/Loss Other Transactions Received from owner Paid to owner Net Change in Secudi Ending Bank Balance Cash Requirements Reserve Amount: Security Deposits Total Requirements li Management Fee Comment Amount Aaron Gaul -790.00 Aaron Gaul 790.00 Stephanie McMillen 650.00 Tom Strausbaugh 650.00 Comment Amount Management fees: Thomas J. Ge 146.30 146.30 1,153.70 Deposits 0.00 0.00 0.00 1,153.70 150.00 650.00 800.00 yeLm?n Pcope*4 H?oaL°?t Lehman Property Manag ement ?- 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Detailed Owners Statement Ownership: Fourth 216 - 218 For the period 11112008 - 113112008 1,153.70 Beginning Bank Balance Income Comment T Amount 650.00 e Reference Date t Tom Strausbaugh 650.00 _ 1/5/2058- TJG002 -TJ( We nt Charge Stephanie McMillen 1 300.00 1/8/2008 TJG002 - TJt R nt Charge , Expense nce Comment T Management fees: Thomas J. G? Amount 91.00 Da_ Refere 5 41 Management Fee 91,00 1/25/2008 1,209.00 Net income/Loss other Transactions Received from Paid to owner Net Change in Ending Bank Balance Deposits Cash Requirements 150.00 Reserve Amount: 650.00 Security Deposits Meld: 800.00 Total Requirements 0.00 1,003.70 0.00 1,359.00 Lehman Property Mana ement Uhm'°ft°'°"''°'°"`men` A ? " 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Detailed Owners Statement Ownership: Fourth 21 6 - 218 For the period 21112008 - 212912008 1,359.00 Beginning Bank Balance Income T O Comment Amount Date Reference YP 00 370 2/1/2008 TJG002 - TJ( M ey Paid Direct to owner Aaron Gaul . - 2/1/2008 TJG002 - TJt R t Charge Aaron Gaul 370.00 00 -370 2/1/2008 TJG002 - TJ( M ney Paid Direct to owner Aaron Gaul . 00 370 2/1/2008 TJ0002 - TJ( R M Charge Aaron Gaul Tom Strausbaugh . 650.00 2/5/2008 TJG002 - TJ( R nt Charge Stephanie McMillen 650.00 2/12/2008 TJG002 - TJ1 R nt Charge Stephanie McMillen 32.50 2/1212008 TJG002 - TJl 2/12/2008 TJG002 - TJ4 L U e Charge allocated Prepay Stephanie McMillen 32.50 1,365.00 Expense T e Comment Amount Date Reference 2/17/2008 1251 5 yp 026 Water And Sewer Utility Acct# 24-1562032-3 136.82 2/17/2008 1251 5 026 Water And Sewer Utility Acct# 24-1649782-0 113.46 2/17/2008 1252 5 026 Water And Sewer Utility GAUL TJO02 230.00 2/17/2008 1252 5 026 Water And Sewer Utility GAUL TJ001 115.00 2/25/2008 5P 41 Management Fee Management fees: Thomas J. GE 147.35 742.63 Net Income/Loss 622.37 Other Transactions 0.00 Received from owne 50.00 Paid to owner 0.00 Net Change in Secu it y Deposits 1,931.37 Ending Bank Balance Cash Requirements Reserve Amount: 150.00 Security Deposits H I d: 650.00 Total Requirements 800.00 COMMENTS Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Beginning Bank Balance income Date Reference 3/1/2008 TJG002 - TJ( 3/1/2008 TJG002-TJ( 3/5/2008 TJ0002 - TJi 317/2008 TJG002 - TJI 3/7/2008 TJG002 - TJc Expense Date Reference 3/9/2008 1312 3/9/2008 1313 3/9/2008 1313 3/25/2008 3/31/2008 1366 Net Income/Loss Other Transactions Received from owner Paid to owner Net Change in Secud Ending Bank Balance Cash Requirements Reserve Amount: Security Deposits Total Requirements L.h.- PWPmb waacem nc - Detailed Owners Statement Ownership: Fourth 216 - 218 For the period 31112008 - 313112008 1,931.37 Comment Amount Type y Paid Direct to owner Aaron Gaul -370.00 00 370 Charge Aaron Gaul Tom Strausbaugh . 650.00 Charge Stephanie McMillen 500.00 Charge Stephanie McMillen 150.00 Charge 1,300.00 23 Gas And Propane 26 Water And Sewer Utility 26 Water And Sewer Utility 1 Management Fee 23 Gas And Propane Comment _Amount 221 612 6150 10 279.45 24-1562032-3 136.82 24-1649782-0 113.46 Management fees: Thomas J. Gs 116.90 221 612 6150 10 562.35 1,208.98 91.02 Deposits 0.00 1,781.37 0.00 241.02 150.00 650.00 800.00 Lehman PMP@r q -9--! Lehman Property Mana gement 2740 Penbrook Ave n Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Detailed Owners Statement Ownership: Fourth 216 - 218 For the period 41112008 - 413012008 241.02 Beginning Bank Balance Income T e Comment Amount Date Reference Tom Strausbaugh 650.00 417/2008 TJG002 - TJt R nt Charge Aaron Gaul -370.00 4/7/2008 TJG002 - U M ney Paid Direct to owner Aaron Gaul 370.00 4/7/2008 TJG002 - TJt R nt Charge Stephanie McMillen 85.00 4/9/2008 TJG002 - TJ1 R nt Charge Stephanie McMillen 500.00 4/9/2008 TJG002 - TJ( R nt Charge Stephanie McMillen 65.00 4/9/2008 TJG002 - TJ( U nallocated Prepay 1,300.00 Expense Comment Amount Date Reference T Management fees: Thomas J. Ga 116.90 4/25/2008 5 041 Management Fee Adminsistrative charge 8.00 4/30/2008 5 043 Admin Fee Landscaping and exterior cleanul 80.00 4/30/2008 1435 5 0041 Land Scaping 204.90 1,095.10 Net income/Loss Other Transactions 0.00 Received from owne r 1,391.02 Paid to owner 0.00 Net Change in Secu 'ty Deposits -54.90 Ending Bank Balance Cash Requirements 150.00 Reserve Amount: Security Deposits H Id: 650.00 Total Requirements 800.00 Lehman Property Mana ement Ub=nftoputy K"apment 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Detailed Owners Statement Ownership: Fourth 21 6 - 218 For the period 51112008 - 513112008 -54.90 Beginning Bank Balance Income Tune Comment Amount Date Reference 51612008 TJ0002 - TJt Re t Charge Tom Strausbaugh 650.00 5/16/2008 TJ0002 - TJ4 Re t Charge Stephanie McMillen 65.00 00 370 5/16/2008 TJG002 - TJl R t Charge Stephanie McMillen . 50 32 5/16/2008 TJG002 - TJ( La a Charge Stephanie McMillen Stephanie McMillen . 150.00 5/16/2008 TJG002 - TJ( R nt Charge Stephanie McMillen 32.50 5/16/2008 TJ0002 - TJi U allocated Prepay 1,300.00 Expense e T Comment Amount Date Reference 5/10/2008 1456 5 yp 023 Gas And Propane 221 612 6150 10 269.10 5/10/2008 1460 5 026 Water And Sewer Utility GAUL TJ001 138.00 5/10/2008 1460 5 026 Water And Sewer Utility GAUL TJO02 276.00 00 173 5/11/2008 1469 5 31 Plumbing Repair to plumbing system . 30 17 5/11/2008 5 43 Admin Fee Adminsistrative charge . 0 00 5/11/2008 1470 5 041 Land Scaping VOID: fee for fuel . 00 15 5/11/2008 1471 5 041 Land Scaping fee for fuel Adminsistrative charge . 5.00 5/1112008 5 0 )43 Admin Fee. 41 Management Fee Management fees: Thomas J. GE 91.00 5/26/2008 5/27/2008 1563 1 0 026 Water And Sewer Utility 24-1649782-0 34.44 5/2712008 1563 0026 Water And Sewer Utility 24-1562032-3 28.87 5/30/2008 1570 0023 Gas And Propane 221 612 6150 10 272.46 1,320.17 -20.17 Net Income/Loss Other Transactions 0.00 Received from ow n r 0.00 Paid to owner 0.00 Net Change in Sec ri ty Deposits -75.07 Ending Bank Balance Cash Requirements Reserve Amount: 150.00 Security Deposits Held: 650.00 Total Requirements 800.00 Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Beginning Bank Balance Income Date Reference 6/6/2008 TJG002 - TJ( 6/6/2008 TJG002 - TJI 6/6/2008 TJG002 - TJ( 6/6/2008 TJG002 - TJt 6/6/2008 TJG002 - TJI Expense Bate Reference 6/24/2008 1722 6/24/2008 1722 6/25/2008 Net Income/Loss Other Transactions Received from Paid to owner Net Change in Ending Bank Balance Cash Requirements Reserve Amount: Security Deposits Total Requirements Lehman Pr*uq Na-pment JR-w-tr ir...m Detailed Owners Statement Ownership: Fourth 216 - 218 For the period 61112008 - 613012008 -75.07 Charge Charge Charge Charge Charge Comment Amount Stephanie McMillen 130.00 Stephanie McMillen 305.00 Stephanie McMillen 32.50 Stephanie McMillen 32.50 Stephanie McMillen 150.00 26 Water And Sewer Utility 26 Water And Sewer Utility 1 Management Fee 650.00 Comment Amount 24-1649782-0 42.52 24-1562032-3 50.04 Management fees: Thomas J. Ge 45.50 138.06 511.94 Deposits 0.00 0.00 650.00 1,086.87 150.00 1,300.00 1,450.00 Lehman Property Ma 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 1 717-648-5843 Beginning Bank Balance Income Date Reference 7/5/2008 TJG002 - TJ( 7/5/2008 TJG002 - TJl 7/13/2008 TJG002 - TJ( 7/13/2008 TJG002 - TJt 7/1312008 TJG002 - TJ( 7/13/2008 TJG002 - TJI 7/1312008 TJG002 - TJt Expense Date Reference 7/14/2008 7/25/2008 7/26/2008 1872 7/26/2008 1872 7/26/2008 1874 7/26/2008 1874 Net Income/Loss Other Transactions Received from Paid to owner Net Change in Ending Bank Balance Cash Requirements Reserve Amount: Security Deposits Total Requirements nt Detailed Owners Statement Ownership: Fourth 216 - 218 For the period 71112008 - 713112008 Lehman P,opa,q Kangamant r;• ?t 1,086.87 Charge Charge Charge Charge Charge Charge Charge 3 Repairs & Maintenance 1 Management Fee 26 Water And Sewer Utility 26 Water And Sewer Utility 26 Water And Sewer Utility 126 Water And Sewer Utility Comment Amount George Ayala 330.00 George Ayala 320.00 Stephanie McMillen 32.50 Stephanie McMillen 167.50 Stephanie McMillen 300.00 Stephanie McMillen 182.50 Stephanie McMillen 17.50 1,350.00 Comment Amount Install window / get locks/ deliver 40.00 Management fees: Thomas J. Ge 94.50 24-1562032-3 46.15 24-1649782-0 46.84 GAUL TJO02 230.00 Gaul TJO01 115.00 572.49 777.51 Deposits 0.00 936.87 0.00 927.51 150.00 1,300.00 1,450.00 i COMMENTS : . Lehman Property Man a ement 14b=nP°"`q'"'°"°m`°` 2740 Penbrook Ave " Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Detailed Owners Statement Ownership: Fourth 216 - 218 For the period 81112008 - 813112008 Beginning Bank Balance 927.51 Income Date Reference Type Comment Amount 8/412008 TJG002 - TJ( Re t Charge George Ayala 400.00 8/4/2008 TJG002 - TJ( Re t Charge George Ayala 250.00 8/20/2008 TJG002 - TJ( La a Charge Stephanie McMillen 15.00 8/20/2008 TJ0002 - TJ( R t Charge Stephanie McMillen 35.00 8/20/2008 TJG002 - TJ( R nt Charge Stephanie McMillen 615.00 8/20/2008 TJG002 - TJ( La a Charge Stephanie McMillen 65.00 8/20/2008 TJG002 - TJ( U allocated Prepay Stephanie McMillen 20.00 1,400.00 Expense Date Reference Type Comment Amount 8/28/2008 5( 42 Placement Fee P-212-2008 546.00 8/29/2008 2086 5( 026 Water And Sewer Utility 216 4th St 44.78 8/29/2008 2086 5 026 Water And Sewer Utility 28 4th St 66.11 8/29/2008 5( 43 Admin Fee Adminsistrative charge 7.00 8/29/2008 2098 5 20 Locks Change to locks/keying 98.98 8/31/2008 5 41 Management Fee Management fees: Thomas J. GE 98.00 860.87 Net Income/Loss 539.13 Less Undeposited Funds -650.00 Other Transactions Received from owne 0.00 Paid to owner 777.51 Net Change in Secu ty Deposits -650.00 Ending Bank Balance 39.13 Cash Requirements Reserve Amount: 150.00 Security Deposits H id: 650.00 Total Requirements 800.00 COMMENTS i Lehman Property Management 2740 Penbrook Ave .- Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 1 717-648-5843 Beginning Bank Balance Income. Date Reference 9/17/2008 TJG002 - TJ1 9/17/2008 TJG002 - TJ1 Expense Date Reference 9/30/2008 Net Income/Loss Other Transactions Received from owner Paid to owner Net Change in Securi Ending Bank Balance Cash Requirements Reserve Amount: Security Deposits Total Requirements Detailed Owners Statement Ownership: Fourth 216 - 218 For the period 91112008 - 913012008 39.13 Charge Charge Comment Amount Stephanie McMillen 630.00 Stephanie McMillen 20.00 650.00 11 Management Fee Comment Amount Management fees: Thomas J. Ge 45.50 45.50 604.50 Deposits 0.00 932.83 0.00 -289.20 150.00 650.00 800.00 a dM • > O Y r O , W O W A ? C O > O y CI N C G N C a a c ? W E ? s rn •L a E W CL I IL 0 O O N M ? H !0 r r N O ? ? O L O a 3 c p m _ m c m m m 0 F g o° Cl) Cl) u4i o O O O O O 609 O) M Cl) M W% E9 W:? 40 O O O CMO Cl 0 O o 0 o o 0 0 M M M 0 m 69. 1 d09 E9 CA to Cfl ? ? O m IL W C E (D O LL p? C : ca d Q 'L aD N m t C 7 {L N U W 8 E C W W E e x LO LO u1i V co CD 69 40 ? N O O ? CnD L6 L6 L6 v co co CO 44 40 64 N ? m C C. W 1 e C a? 02 f ~ G) 1 C a E a U C W W c C a Q a N C x6 W a E °n c z m a ^ ° M °o . o N N h N W C M ~ C v N n M + C 0 V O O C f O n ° w N o N v M M M W `m c V O O m 0 ? u T, LM 0 E o S 3 v m .. c Z e c e e °' m o ? ? Q m Z ? Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 i Thomas J. Gaul PO Box 540 New Cumberland, PA 1707 717-648-5843 Beginning Bank Balance Net Income/Loss Other Transactions Received from owner Paid to owner Net Change in Securi Ending Bank Balance Cash Requirements Reserve Amount: Security Deposits Held: Total Requirements Detailed Owners Statement Ownership: Walnut 2200 For the period 101112007 - 1013112007 ub-.. F-Peeq K-M-- MA 0.00 0.00 Deposits 200.00 0.00 200.00 0.00 0.00 0.00 0.00 COM' . MENTS'" Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 1 717-648-5843 Beginning Bank Balance Net Income/Loss Other Transactions Received from owner Paid. to owner Net Change in Security Ending Bank Balance Cash Requirements Reserve Amount: Security Deposits Held: Total Requirements Lehman P-"Ky aanq mmc Detailed Owners Statement Ownership: Walnut 2200 For the period 111112007 - 1113012007 0.00 0.00 0.00 0.00 0.00 0.00 200.00 0.00 200.00 COMMENTS Lehman Property Ma 2740 Penbrook Ave Harrisburg, Pa 17103 nagement Le16-11 Property Y,ugemmt , , n n , °- 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 1 717-648-5843 Detailed Owners Statement Ownership: Walnut 2200 For the period 121112007 - 1213112007 Beginning Bank Balance 0.00 Net Income(Loss 000 Other Transactions Received from owner 0.00 Paid to owner 0.00 Net Change in Secud Deposits 0.00 Ending Bank Balance 0.00 Cash Requirements Reserve Amount: 200.00 Security Deposits Held. 0.00 Total Requirements 200.00 COMMENTS Lehman Property Man gement Lehman Pwpxtyl -M-nt 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Detailed Owners Statement Ownership: Walnut 2200 For the period 11112008 - 113112008 Beginning Bank Balance 0.00 Expense Date Reference Type Comment Amount 1/24/2008 500.52 Inspection Attedance Attend municiple of city inspectioi 32.00 32.00 Net Income/l-oss 1 -32.00 Other Transactions Received from owner 0.00 Paid to owner 0.00 Net Change in Security eposits 0.00 Ending Bank Balance 1 -32.00 Cash Requirements Reserve Amount: 200.00 Security Deposits Held: 0.00 Total Requirements 200.00 COMMENTS Lehman Property Ma nagement L i 2740 Penbrook Ave mm hop rtyKaftWment a AL- Harrisburg, Pa 17103 ° ? 1 M 717-652-4434 awc..a.v.... FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 1707 717-648-5843 Detailed Owners Statement Ownership: W alnut 2200 For the period 21112008 - 212912008 Beginning Bank Balance -32.00 Income Date Reference Type Comment Amount 2/1/2008 TJG001 - TJI Re nt Charge Amanda Sload 370.00 2/1312008 TJG001 - TJI Re it Charge Amanda Sload 320 00 2119/2008 TJG001 - TJI Re it Charge Kristian Gonzalez . 200 00 2/19/2008 TJG001 - TJI Re it Charge Kristian Gonzalez . 450 00 2/19/2008 TJG001 - TJI Re it Charge Kristian Gonzalez . 50 00 2/19/2008 TJG001 - TJc Re it Charge Kristian Gonzalez . 500 00 2/19/2008 TJ0001 - TJc Re it Charge Kristian Gonzalez . 100 00 2/19/2008 TJG001 - TJI Re it Charge Ashley Boyne . 500 00 2/19/2008 TJG001 - TJI Un Ilocated Prepay Ashley Boyne . 500 00 2/22/2008 TJG001 - TJI Un Ilocated Prepay Ashley Boyne . 500.00 Expense 3,490.00 Date Reference Type Comment Amount 2/5/2008 3 50 0 Appliance Refrigerator 497 14 2/10/2008 50 2 Placement Fee P-109-2008 . 363 00 2/15/2008 1244 50( 26 Water And Sewer Utility 62041139-0000 8 . 11 32 2/17/2008 1249 50( 21 Electric 34401-12017 . 23 12 2/17/2008 1253 50 6 Water And Sewer Utility Acct# R00025-00 . 82 00 2/23/2008 500 3 Repairs & Maintenance General Maintenance . 82 50 2/25/2008 504 1 Management Fee Management fees: Thomas J. GE . 314 30 2/29/2008 500 Repairs & Maintenance General Maintenance . 145 20 2/29/2008 503 Cleaning Make ready Cleaning . 260 00 2/29/2008 500 Repairs & Maintenance General Maintenance . 450.36 2,228.94 Net Income/Loss 1,261.06 Other Transactions Received from owner Paid to owner 0.00 Net Change in Sec urity eposits 0.00 2,300.00 Ending Bank Balance 4,229.06 Cash Requirements Reserve Amount: Security Deposits Total Requirements 200.00 3,000.00 3,200.00 COMMENTS Lehman Property Ma nagement Lehm Pmpatt7 Manap e t 2740 Penbrook Ave , ? ft Harrisburg, Pa 17103 t 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 1707 717-648-5843 Detailed Owners Statement Ownership: Walnut 2200 For the period 31112008 - 313112008 Beginning Bank Balance 4,229.06 Income Date Reference Type Comment Amount 312/2008 TJ0001 - TJI Re it Charge Amanda Sload 35.00 312/2008 TJG001 - TJ4 Re it Charge Amanda Sload 335.00 3/4/2008 TJG001 - TJ( Re it Charge Amanda Sload 200.00 3/19/2008 TJG001 - TJ( Re it Charge Amanda Sload 165.00 3/19/2008 TJG001 - TJt La Charge Amanda Sload 5.00 740.00 Expense Date Reference Type Comment Amount 3/9/2008 1311 500 21 Electric 34401-12017 34.89 3/10/2008 50( 3 Repairs & Maintenance Pick up items in unit 40.00 3/10/2008 50 2 Placement Fee P-142-2008 325.00 3/14/2008 50 0 Repairs & Maintenance Make ready 275.00 3/14/2008 500 31 Plumbing Replace Thermoe couple 69.11 3/14/2008 50( 31 Plumbing Kitchen sink leak 55.00 3/14/2008 50( 3 Repairs & Maintenance Hotwater heater/stove/mailboxes 378.00 3/14/2008 50( 3 Repairs & Maintenance Install Auto feed 480.00 3/14/2008 50 3 Repairs & Maintenance No Heat 75.00 3/14/2008 500 3 Repairs & Maintenance Install heat in utility area 400.00 3/16/2008 1327 50( 43 Trash Removal 0000948091 255.66 3/17/2008 50( 26 Water And Sewer Utility 62041139-0000 8 45.82 3/24/2008 50( 31 Plumbing Water leak 33.00 3/25/2008 50 1 Management Fee Management fees: Thomas J. Ge 51.80 3127/2008 1388 50 0 Locks W64766 30.74 3/31/2008 50 3 Repairs & Maintenance Deliver refrigerator 28.00 3/31/2008 501 0 Locks Provide locks for basement 125.00 3/31/2008 50 0 Locks Double sided deadbolots interior 71.06 3/31/2008 50 0 Locks Utility locks 145.00 3/31/2008 1366 50( 23 Gas And Propane 214 458 6180 28 9.24 3/31/2008 50( 3 Repairs & Maintenance Repaired leak under sink 66.00 3/31/2008 50 Repairs & Maintenance REPLACE DOOR LOCKS 40.00 3,033.32 Net Income/Loss -2,293.32 Other Transactions Received from owner Paid to owner Net Change in Security Ending Bank Balance 0.00 3,429.14 0.00 .1,493.40 Cash Requirements Reserve Amount: 200.00 Security Deposits Held: 3,000.00 Total Requirements 3,200.00 - COMMENTS Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 1 717-648-5843 Beginning Bank Balance Income Date Reference 4/1/20.08 TJG001 - TJI 4/1/2008 TJ0001 - TJI 4/1/2008 TJG001 - TJI 4/2/2008 TJG001 - TJI 4/4/2008 TJG001 - TJI 4/4/2008 TJG001 - TJI 4/4/2008 TJG001 - TJI 4/15/2008 TJG001 - TJI 4/15/2008 TJG001 - TJI 4/15/2008 TJG001 - TJI 4/30/2008 TJG001 - TJI Expense Date 4/21/2008 4/25/2008 4/30/2008 4/30/2008 4/30/2008 Reference 1435 1431 Net Income/Loss Other Transactions Received from owner Paid to owner Net Change in Securit Ending Bank Balance Cash Requirements Reserve Amount: Security Deposits Lehman Property Yangement P 119* Detailed Owners Statement Ownership: Walnut 2200 For the period 41112008 - 413012008 -1,493.40 Type Comment Amount Credit Ashley Boyne -50.00 Charge Ashley Boyne 50.00 Charge Amanda Sload 370.00 Charge Amanda Sload 170.00 Charge Ashley Boyne 950.00 Charge Ashley Boyne 25.00 located Prepay Ashley Boyne 100.00 Charge Amanda Sload 160.00 Charge Amanda Sload 16.00 located Prepay Amanda Sload 24.00 located Prepay Amanda Sload 100.00 1,915.00 12 Placement Fee it Management Fee 13 Admin Fee 141 Land Scaping 13 Repairs & Maintenance Comment Amount P-133-2008 500.00 Management fees: Thomas J. Ge 130.55 Adminsistrative charge 5.00 Landscaping and exterior cleanul 45.00 Checked heater 30.00 710.55 1,204.45 Deposits 0.00 0.00 0.00 -288.95 200.00 3,000.00 Total Requirements 3,200.00 COMMENTS Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 1 717-648-5843 Beginning Bank Balance Income Date Reference 5/1/2008 TJG001 - TJ( 5/1/2008 TJG001 - TJ( 5/2/2008 TJG001 - TJ( 5/2/2008 TJG001 - TJ( 5/4/2008 TJG001 - TJ( 5/4/2008 TJ0001 - TJ( 5/4/2008 TJG001 - TJ( 5/12/2008 TJG001 - TJ( 5/12/2008 TJG001 - TJ( 5/12/2008 TJG001 - TJ( 5/27/2008 TJG001 - TJ( 5/29/2008 TJG001 - TJ( Expense Date Reference 5/10/2008 1456 5/10/2008 1457 5/11/2008 1480 5/11/2008 1481 5/16/2008 5/19/2008 1510 5/19/2008 5/19/2008 1519 5/26/2008 5/30/2008 1569 5/30/2008 1570 5/30/2008 5/30/2008 1579 Net Income/Loss Other Transactions Lehmm P "afty K=Wmmt t 01 ift Detailed Owners Statement Ownership: Walnut 2200 For the period 51112008 - 513112008 -288.95 Type Comment Amount Credit Ashley Boyne -50.00 Charge Ashley Boyne 50.00 Charge Amanda Sload 370.00 Charge Kristian Gonzalez 650.00 Charge Ashley Boyne 850.00 Charge Ashley Boyne 25.00 located Prepay Ashley Boyne 200.00 Charge Amanda Sload 206.00 Charge Amanda Sload 20.60 orated Prepay Amanda Sload 43.40 orated Prepay Amanda Sload 100.00 Charge Kristian Gonzalez 650.00 3,115.00 )23 Gas And Propane )21 Electric )26 Water And Sewer Utility )26 Water And Sewer Utility 13 Admin Fee )31 Plumbing 13 Admin Fee )41 Land Scaping 11 Management Fee )21 Electric )23 Gas And Propane 13 Admin Fee )41 Land Scaping Comment Amount 214 458 6180 28 152.33 34401-12017 100.91 VOID: Acct# R00025-00 0.00 Acct# R00025-00 93.10 Adminsistrative charge 6.90 replaced supply tubes/b-sink 69.00 Adminsistrative charge 5.00 Landscaping and exterior cleanul 45.00 Management fees: Thomas J. GE 176.05 34401-12017 199.63 214 458 6180 28 154.22 Adminsistrative charge 5.00 Landscaping and exterior cleanul 45.00 1,052.14 2,062.86 Received from owner Paid to owner Net Change in Security Ending Bank Balance 0.00 0.00 0.00 1,773.91 Cash Requirements Reserve Amount: 200.00 Security Deposits Held: 3,000.00 Total Requirements 3,200.00 COMMENTS.. Lehman Property Man agement 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 1707 717-648-5843 Detailed Owners Statement Ownership: Walnut 2200 For the period 61112008 - 613012008 Beginning Bank Balance Income Date Reference Type Comment 6/1/2008 TJG001 - TJ( Re it Credit Ashley Boyne 6/1/2008 TJG001 - TJ( Ren t Charge Ashley Boyne 6/2/2008 TJG001 - TJ( Re it Charge Amanda Sload 6/5/2008 TJG001 - TJ( Re t Charge Ashley Boyne 6/5/2008 TJG001 - TJ( Re t Charge Ashley Boyne 6/5/2008 TJG001 - TJ( Un [located Prepay Ashley Boyne 6/16/2008 1689 40 26 Water and Sewer 62041139-0000 6/16/2008 J240 40 26 Water and Sewer Expense Date Reference 6/9/2008 6/13/2008 1665 6/13/2008 6/13/2008 1685 6/1312008 1674 6/16/2008 1689 6/16/2008 J240 6/25/2008 6/30/2008 6/30/2008 1736 52 Inspection Attedance ?1 Electric 3 Admin Fee I.1 Land Scaping I.3 Trash Removal ?6 Water And Sewer Utility ?6 Water And Sewer Utility I Management Fee 3 Admin Fee li Land Scaping Comment Property inspection 34401-12017 Adminsistrative charge Landscaping and exterior cleanul 0001004599 09079015-0000 Management fees: Thomas J. Ge Adminsistrative charge Landscaping and exterior c[eanul Lehman Property Management a?a..a.Q...m 1,773.91 Amount -50.00 50.00 370.00 750.00 25.00 300.00 -145.03 -145.03 1,154.94 Amount 32.00 199.63 5.00 45.00 183.18 197.74 -145.03 157.15 5.00 45.00 724.67 Net Income/Loss Less Undeposited Funds Other Transactions Received from owner Paid to owner Net Change in Security Ending Bank Balance 430.27 -650.00 0.00 1,749.76 0.00 1,104.42 Cash Requirements Reserve Amount: 200.00 Security Deposits Hel : 3,000.00 Total Requirements 3,200.00 COMMENTS Lehman Property Man agement Ulman Property Nanapmwt 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 17070 717-648-5843 Detailed Owners Statement Ownership: Walnut 2200 For the period 71112008 - 713112008 Beginning Bank Balance 1,104.42 Income Date Reference Type Comment Amount 7/1/2008 TJG001 - TJt Re Charge Kristian Gonzalez 650.00 7/1/2008 TJG001 - TJ( Re Credit Ashley Boyne -50.00 7/1/2008 TJG001 - TJ( Re Charge Ashley Boyne 50.00 7/1/2008 TJG001 - TJ( Re Charge Amanda Sload 150.00 7/1/2008 TJG001 - TJ( Re Charge Amanda Sioad 36.60 7/1/2008 TJG001 - TJ( Late Charge Amanda Sioad 18.66 7/1/2008 TJG001 - TJ( Re Charge Amanda Sload 314.74 7/3/2008 TJG001 - TJ( Re Charge Ashley Boyne 650.00 7/3/2008 TJG001 - TJ( Re Charge Ashley Boyne 25.00 7/3/2008 TJG001 - TJ( Un (located Prepay Ashley Boyne 400.00 7/17/2008 TJG001 - TJ( Re Charge Amanda Sload 100.00 2,345.00 Expense Date Reference Type Comment Amount 717/2008 1784 500 41 Land Scaping Landscaping and exterior cleanul 45.00 7/21/2008 1856 500 41 Land Scaping Landscaping and exterior cleanul 45.00 7/21/2008 506 Appliance Purchase or repair of appliance 263.94 7/21/2008 500 Repairs & Maintenance pick up and deliver refrig 40.00 7/25/2008 504 Management Fee Management fees: Thomas J. GE 167.65 7/31/2008 1927 500 1 Land Scaping Landscaping and exterior cleanul 45.00 606.59 Net Incomell-oss 1,738.41 Less Undeposited Funds 650.00 Other Transactions Received from owner 0.00 Paid to owner 904.22 Net Change in Security eposits 0.00 Ending Bank Balance 1,288.61 Cash Requirements Reserve Amount: Security Deposits Total Requirements 200.00 3,000.00 3,200.00 1' COMMENTS Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 1 717-648-5843 Beginning Bank Balance Income Date Reference 8/1/2008 TJG001 - T, R 8/1/2008 TJG001 - TJ4 L 8/1/2008 TJG001 -TJ( R 8/1/2008 TJG001 - TJ( R 8/1/2008 TJG001 - TJ( R 8/4/2008 TJ0001 - TJI R 8/4/2008 TJG001 - TJ( R 8/4/2008 TJG001 - TJ( R 8/4/2008 TJG001 - TJ( U 8/22/2008 TJ0001 - TJ( U Expense Date Reference _ 8/18/2008 2032 500 8/29/2008 2088 500 8/31/2008 504 Net Income/Loss Other Transactions Received from owner Paid to owner Net Change in Security Ending Bank Balance Cash Requirements Reserve Amount: Security Deposits Held Total Requirements Lehmm Property YanWment Detailed Owners Statement Ownership: Walnut 2200 For the period 81112008 - 813112008 1,288.61 Charge Charge Charge Credit Charge Charge Charge Charge ocated Prepay ocated Prepay Comment Amount Amanda Sioad 285.26 Amanda Sioad 38.53 Amanda Sload 388.21 Ashley Boyne -50.00 Ashley Boyne 50.00 Kristian Gonzalez 650.00 Ashley Boyne 550.00 Ashley Boyne 25.00 Ashley Boyne 500.00 Kristian Gonzalez 650.00 3,087.00 4 Land Scaping B Water And Sewer Utility Management Fee Comment Amount Landscaping and exterior cleanul 150.00 Acct# R00025-00 89.00 Management fees: Thomas J. GE 219.59 458.59 2,628.41 0.00 1,573.41 0.00 2,343.61 200.00 3,000.00 3,200.00 ?;_ COMMENTS Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 717-652-4441 Thomas J. Gaul PO Box 540 New Cumberland, PA 1 717-648-5843 Beginning Bank Balance Income Date 9/1/2008 9/1/2008 9/1/2008 9/1/2008 9/5/2008 9/5/2008 9/5/2008 Reference TJG001 - Tit TJG001 - Tit TJG001 - Tit TJG001 - TJ4 TJG001 -Tit TJG001 - Tit TJG001 - TJ( Expense Date Reference- 9/30/2008 Net Income/Loss Other Transactions Received from owner Paid to owner Net Change in Security Ending Bank Balance Cash Requirements Reserve Amount: Security Deposits Held: Total Requirements Lob- P-Put, La- p-ont Detailed Owners Statement Ownership: Walnut 2200 For the period 91112008 - 913012008 2,343.61 Credit Charge Charge Charge Charge Charge xated Prepay 1 Management Fee Comment Amount Ashley Boyne -50.00 Ashley Boyne 50.00 Amanda Sload 311.79 Amanda Sload 400.21 Ashley Boyne 450.00 Ashley Boyne 25.00 Ashley Boyne 500.00 1,687.00 Comment Amount Management fees: Thomas J. GE 121.59 121.59 1,565.41 0.00 4,286.82 0.00 -377.80 200.00 3,000.00 3,200.00 J 4) M m > O E Y O , A O A A ? C d j CL a c O N d IL c fo E Q t N J m ffl m 9 49 C CL e a co 0 0 N M ? W ? ? l0 ? N i?+ r N o = L ? 0 L O a 3 0 ? m _ C d is m 3 F 2 o 00 8 ° f8 aO1rn ° M M M A9 sA / fA fH b4 9 O O S s s r 1 fN9 ti n f t fh Ch fh 64 V? f fH fA f5 0 0 p8 N C 3 m i L LL N = m Z O U m E (D 8 E C ? O C E ? o c. c ? 0 8 v 0 N ? N a a r V3 V3 H co C fry p O 04 p O Ip N r- a O to fH W m 'yyy? p U C CL c g co og rn 'n S C m ? = U U C C w c ? c m Q CL i° v c z 0 ° ° a$ A o o O O N N f /V O f N pp O O r N N A M N N c C 0 V O LL 10 ` m G H ? w d U LO Lm c L m m O m Z ? ? Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 7170652-4441 TO: Michael Alexander 1929 Market St Apt 1 Harrisburg, PA 17103 III IN Statement 10/1/07 - 2/27/09 2/27/09 TJG003 TJG003A 213R 127 0.00 5,167.75 -5,275.00 -107.25 9/2/08 2921 ck $1050.00 PLEASE RETURN TOP PORTION WITH YOUR REMITTANCE Previous Balance 12/01/07 Rent Charge 0.00 12/05/07 Payment Received - hank You 2868 Decembers Rent 500.00 -525.00 01/01/08 Rent Charge 01/02/08 Payment Received - hank You 2872 500.00 02/01/08 Rent Charge -500.00 02/05/08 Payment Received - Thank You 2875 500.00 02/06/08 Late Charge -500.00 03/01/08 Rent Charge 47.50 03/06/08 Late Charge 500.00 03/17/08 Payment Received - hank You ck 2883 ck 2883 50.00 04/01/08 Rent Charge -525.00 04/01/08 Payment Received - hank You ck 2884 ck 2884 500.00 05/01/08 Rent Charge -500.00 05/05/08 Payment Received - hank You ck 2888 ck 2888 500.00 06/01/08 Rent Charge -600.00 06/03108 Payment Received - hank You 2891 PSECU 500.00 06/18/08 Repair Maintenance lumbing IV# 266 Replace toilet seat -525.00 25 00 06/18/08 Admin Fee IV# 266 Adminsistrative charge . 5 00 07/01/08 Rent Charge . 07/03/08 Payment Received - T hank You 2903 ck 500.00 08/01/08 Rent Charge -550.00 08/06/08 Late Charge 500.00 09/01/08 Rent Charge 40.25 09/02/08 Payment Received - T ank You 2921 ck Check 500.00 -1,050.00 -107.25 Lehman Property Management 2740 Penbrook Ave Harrisburg, Pennsylvania - 17103 Statement Statement Period Statement Date 10/1 /2008 -12/31/2008 2/27/2009 Page 1 Michael Alexander 1929 Market St Apt 1 Harrisburg, PA 17104 Previous Balance Balance Due ($107.25) $392.75 Account No. 00072510 Market 1929 - 1 Date Memo Increase Decrease Balance 10/1/2008 Rent $500.00 $392.75 10/7/2008 Late fee $25.00 $417.75 10/21/2008 Payment received $525.00 ($107.25) 12/1/2008 Rent $500.00 $392.75 Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 7170652-4441 TO: Shawnta Kent 1929 Market St Apt 2 Harrisburg, PA 17104 Statement 10/1 /07 - 2/27/09 2/27/09 TJG003 TJG0038 213R 125 0.00 4,643.00 P=-3,279.00 P11,,36400 712108 023016 $566.00 PLEASE RETURN TOP PORTION WITH YOUR REMITTANCE Previous Balance 0.00 12/01/07 Rent Charge 620.00 12/03107 Payment Received - hank You MCI 08-763413533 -35.00 12/03/07 Money Paid Direct to owner -585.00 01/01/08 Rent Charge 620.00 01/03/08 Payment Received - hank You Mo 08-641711022 -35.00 01/06/08 Money Paid Direct to caner -585.00 02/01/08 Rent Charge 620.00 02/01/08 Payment Received -T hank You 020673 011604 -590.00 02/04/08 Payment Received - hank You MO 08-642229570 -30.00 03101/08 Rent Charge 109.00 03104/08 Payment Received - hank You MO 08-642871747 -30.00 04/01/08 Rent Charge 620.00 04/04/08 Payment Received - hank You Mo 08-878102892 -54.00 04/15/08 Payment Received - hank You gov ck 021872 gov ck 021872 -566.00 04/15/08 Payment Received - ank You 021872 Remainder of payment -79.00 05/01/08 Rent Charge 620.00 05/02/08 Payment Received - ank You MID 08841190699 -54.00 05/02/08 Payment Received - ank You g ck 022055 gov ck 022055 -566.00 06/01/08 Rent Charge 620.00 06/03/08 Payment Received - T ank You mo 08-842455585 -54.00 06/04/08 Payment Received - T ank You 022538 Section 8 -566.00 07/01/08 Rent Charge 620.00 07/02/08 Payment Received - T ank You Mo 08842994393 -54.00 07/02/08 Payment Received - T ank You 023016 gov ck 023016 -566.00 08/01/08 Rent Charge 620.00 08/06/08 Late Charge 62.00 09/01/08 Rent Charge 620.00 09/06/08 Late Charge 62.00 1,364.00 Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 7170652-4441 TO: Ken Smith 1929 Market St 3rd floor Harrisburg, PA 17103 11111011111111111111 Statement 10/1/07 - 2/27/09 2/27/09 TJG003 TJG003C 213R 126 0.00 4,930.85 -3,618.00 1,312.85 8/13/08 MO $200.00 PLEASE RETURN TOP PORTION WITH YOUR REMITTANCE Previous Balance 12/01/07 Rent Charge 12105/07 Late Charge 12/10/07 Payment Received -' 12/19/07 Non-Sufficient Funds 12/19/07 Non-Sufficient Funds 12/28/07 Payment Received - ' 01/01/08 Rent Charge 01/06/08 Late Charge 02/01/08 Rent Charge 02/06/08 Late Charge 02/15/08 Payment Received - 03/01/08 Rent Charge 03104/08 Payment Received - 03106/08 Late Charge 04/01/08 Rent Charge 04/04/08 Payment Received - 04/04/08 Payment Received - 04/04/08 Filing Fee - Tenant la 04/05/08 Late Charge 05/01/08 Rent Charge 05/06/08 Late Charge 05/09/08 Payment Received -1 05/09/08 Payment Received -1 05/30/08 Payment Received -1 05/30/08 Payment Received -1 05/30/08 Payment Received -1 06/01/08 Rent Charge 06/09/08 Late Charge 07/01/08 Rent Charge k You istment k You k You k You k You k You d action MO check 1051 MO NSF (12/10/07) $420.00 (12/10/07) $420.00 mo decembers rent 08-641710859 0.00 400.00 20.00 -420.00 420.00 35.00 -360.00 400.00 40.00 400.00 40.00 -420.00 400.00 -90.00 40.00 400.00 -400.00 -400.00 96.50 40.00 400.00 40.00 -200.00 -200.00 -300.00 -300.00 -128.00 400.00 40.00 400.00 MO 08-801463005 MO 08-863276544 MO 08-841173085 MO 08-841173084 You MO 08-943558067 You MO 08-943-558068 You MO 08842455378 You MO 08842455377 You MO 08-842455386 Page 1 J ? Lehman Property 2740 Penbrook Ave Harrisburg, Pa 17103 717-652-4434 FAX 7170652-4441 Statement 10/1/07 - 2/27/09 2/27/09 TJG003 TJG003C 2BR 126 0.00 4,930.85 -3,618.00 1,312.85 07/13108 Late Charge 39.35 08/01/08 Rent Charge 400.00 08/06108 Late Charge 40.00 08/13/08 Payment Received - hank You MO 08-866359322 -200.00 08/13108 Payment Received - hank You MO 08-866359321 -200.00 09/01/08 Rent Charge 400.00 09/06/08 Late Charge 40.00 1,312.85 Page 2 a Lehman Property Management 2740 Penbrook Ave Harrisburg, Pennsylvania - 17103 Statement Statement Period Statement Date 10/1/2008 - 12/31/2008 2/27/2009 Page 1 Ken Smith 1929 Market St 3rd Fl Harrisburg, PA 17104 Previous Balance Balance Due $1,312.85 $329.35 Account No. 00074824 Market 1929 - 3 Date Memo Increase 10/1/2008 Rent $400.00 10/7/2008 Late fee $20.00 10/9/2008 Payment received 10/11/2008 LT $96.50 10/31/2008 Payment received 10/31/2008 Payment received 10/31/2008 Payment received 11/12/2008 Payment received Decreased Balance $1,712.85 $1,732.85 $400.00 $1,332.85 $1,429.35 $200.00 $1,229.35 $500.00 $729.35 $300.00 $429.35 $100.00 $329.35 AV THOMAS J. GAUL and GEORGINE GAUL, his Plaintiffs V. LEHMAN GROUP, INC. I LEHMAN PROPERTY MANAGEMENT, Defendant I, Glenn Lehman, l made in the Complaint are made subject to the penalt: falsification to authorities. : IN COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No: 09-775 Civil Term CIVIL ACTION- LAW VERIFICATION )efendant, in the above-captioned, verify that the statements true and correct. I understand that false statements herein are es of 18 Pa. C. S. A. Section 4904 relating to unsworn 1. GEORGINE GAUL, his Plaintiffs V. LEHMAN GROUP, INC. LEHMAN PROPERTY MANAGEMENT, Defendant Attorney for Defendant IN COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No: 09-775 Civil Term CIVIL ACTION- LAW TO THE HONORABLE I, Timothy M. Barn completed in compliance w. OF SAID COURT: CERTIFICATE OF SERVICE uk, Esquire, hereby certify that the following service has been :h the Rules of Civil Procedure: First Class Mail Bryan Shook, Esquire 2132 Market Street Camp Hill, PA 17011 Respectfully submitted, The McShane Firm, LLC Z_ Timothy M. Barrouk, Esquire Attorney ID # 204537 Attorney for the Petitioner 4807 Jonestown Road Suite 242 Harrisburg, PA 17109-1739 Telephone: 717-657-3900 Facsimile: 717-657-2060 t "i{.Lt,/"t3 i r' fvfnr_ c OF THE F TWiNOTARY 1009 APR 13 AM 10: 04 PEN Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShookg,dcdlaw.net Attorney for Plaintiff THOMAS J. GAUL and IN THE COURT OF COMMON PLEAS GEORGINE GAUL, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No: 09-775 Civil Term LEHMAN GROUP, INC. t/d/b/a CIVIL ACTION - LAW LEHMAN PROPERTY MANAGEMENT, Defendant To: Tim M. Barrouk, Esquire 4807 Jonestown Road, Suite 148 Harrisburg, Pennsylvania 17109 You are hereby notified to file a written response to the enclosed New Matter & Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. 6-II-aooq Bryan W. hook, Esquire Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShook &,dcdlaw.net Attorney for Plaintiff THOMAS J. GAUL and IN THE COURT OF COMMON PLEAS GEORGINE GAUL, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No: 09-775 Civil Term LEHMAN GROUP, INC. t/d/b/a CIVIL ACTION - LAW LEHMAN PROPERTY MANAGEMENT, Defendant PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM AND PLAINTIFFS' NEW MATTER TO DEFENDANT'S COUNTERCLAIM AND NOW, comes the Plaintiffs, Thomas J. Gaul and Georgine Gaul, his wife, by and through his attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Bryan W. Shook, Esquire, who responds to Defendant's New Matter and Counterclaim, and brings forth New Matter to Defendant's Counterclaim as follows: 15. Paragraph 15 being a paragraph of incorporation does not require a response. 16. Denied. It is specifically denied that Defendant deposited all rent into Plaintiff's account within six hours of receipt for all properties. Plaintiffs demand strict proof of this averment at time of trial in this matter. 17. Denied. It is specifically denied that Defendant submitted timely, complete, and accurate monthly operating financial statements to Plaintiffs. Plaintiffs demand strict proof of this averment at time of trial in this matter. 18. Admitted. 19.After reasonable investigation the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of Defendant's averment # 19. 20. Admitted. 21. Denied. The allegations contained in paragraph 21 contain conclusions of law to which no response is required. To the extant that a response is required, Plaintiffs specifically deny the allegations contained in paragraph 21 and demand strict proof thereof at time of trial. By way of further response, Defendant specifically requested the letter which was hand delivered to Defendant to which Defendant raised no objection. 22. Denied. The allegations in paragraph 22 contain conclusions of law to which no response is required. To the extant that a response is deemed required, Plaintiffs specifically deny the allegations contained in paragraph 22 and demand strict proof thereof at time of trial. 23. Admitted. 24. After reasonable investigation the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of Defendant's averment # 24. By way of further response, Plaintiffs aver that Defendant has paid them $32,489.28. 25. Admitted in Part, Denied in Part. It is admitted that leases were provided for this property. Defendant was informed that he did not have to manage 216 4th Street because Defendants' nephew and good friend lived there. With respect to 218 4th Street, the first floor was rented by Stephanie McMillen on March 23, 2007 and the second floor at 218 4th Street was rented by Thomas Strausbaugh who moved out in May 2008 at which point Defendant rented to George Ayala beginning July 3, 2008. 26. Denied. It is specifically denied that rent for 218 4th Street, Enola, Cumberland County, Pennsylvania was paid directly to Plaintiffs. By way of further answer, as per agreement between the parties hereto, rent for 216 4th Street, Enola, Cumberland County, Pennsylvania was paid directly to Plaintiffs. 27.Admitted in Part, Denied in Part. It is admitted that Plaintiffs held the security deposit for 218 4th Street, Enola, 1St Floor as the tenant moved in prior to Defendant commencing management services. It is specifically denied that Plaintiffs held the security deposit for 218 4th Street, Enola, 2nd Floor; Plaintiffs demand strict proof thereof at time of trial. By way of further answer, Plaintiffs aver that Defendant held the security deposit for 218 4th Street, Enola, 2"d Floor. 28.Admitted in Part, Denied in part. It is admitted that Plaintiff held the security deposit for 216 4th Street, Enola, Pennsylvania. It is specifically denied that there are two apartments at 216 4th Street, Enola, Pennsylvania. 29. Denied. It is specifically denied that the security deposit for the tenant of Apartment 2 at 216 4th Street, Enola, Pennsylvania was returned from the Plaintiffs trust account upon the tenant vacating the premises. Plaintiffs demand strict proof of this averment at time of trial in this matter. By way of clarification, Plaintiffs believe that Defendant may have mistakenly referred to 216 4th Street when he intended to refer to 218 4th Street. 30. Denied. It is specifically denied that Defendant rented Apartment 2 at 216 4th Street, Enola, Pennsylvania within six (6) weeks of it becoming vacant. Plaintiffs demand strict proof of this averment at time of trial in this matter. By way of clarification, Plaintiffs believe that Defendant may have mistakenly referred to 216 4th Street when he intended to refer to 218 4th Street. 31. Denied. The allegations in paragraph 31 contain conclusions of law to which no response is required. To the extant that a response is deemed required, Plaintiffs specifically deny the allegations contained in paragraph 31 and demand strict proof thereof at time of trial. 32. Denied as stated. It is specifically denied that 2223 North 6th Street, Harrisburg, Dauphin County, Pennsylvania was first brought to Defendant in January 2008. By way of clarification, if Defendant mistakenly listed 2223 yet meant 2233, then this averment is true and would be admitted. 33. Denied as stated. It is specifically denied that 2223 North 6th Street, Harrisburg, Dauphin County, Pennsylvania was being rehabilitated by Plaintiffs during the period beginning January 2008 and ending March 2008. By way of clarification, if Defendant mistakenly listed 2223 yet meant 2233, then this averment is true and would be admitted. 34. Denied as stated. It is specifically denied that in April 2008, the Plaintiffs terminated Defendant's management of 223 North 6th Street, Harrisburg, Dauphin County, Pennsylvania. By way of clarification, if Defendant mistakenly listed 223 yet meant 2233, then this averment is true and would be admitted. 35. Denied as stated. It is specifically denied that in August 2008, the Plaintiffs rehired Defendants to manage 2223 North 6th Street, Harrisburg, Dauphin County, Pennsylvania. By way of clarification, if Defendant mistakenly listed 2223 yet meant 2233, then this averment is true and would be admitted. 36. Denied as stated. It is specifically denied that all maintenance requests for 2223 North 6th Street, Harrisburg, Dauphin County, Pennsylvania were sent to the Owner who sent the contractor he had directly engaged to make repairs. Plaintiffs demand strict proof of this averment at time of trial in this matter. By way of clarification, Plaintiffs believe that Defendant may have mistakenly referred to 2223 North 6th Street when he intended to refer to 2233 North 6th Street. 37. Denied. The allegations in paragraph 37 contain conclusions of law to which no response is required. To the extant that a response is deemed required, Plaintiffs specifically deny the allegations contained in paragraph 37 and demand strict proof thereof at time of trial. 38. Denied as stated. It is specifically denied that during the meeting to discuss the termination of management for 223 North 6th Street, Harrisburg, Dauphin County, Pennsylvania, Plaintiffs authorized no more work to be performed by Defendant without specific approval. By way of clarification, Plaintiffs believe that Defendant may have mistakenly referred to 223 North 6th Street when he intended to refer to 2233 North 6th Street. If the address was incorrectly listed then Plaintiffs respond that after reasonable investigation they are without knowledge or information sufficient to form a belief as to the truth of averment # 38. 39. Admitted. 40. Admitted. 41. Admitted. 42. Denied. It is specifically denied that the security deposit for 1940 Bellevue Road, Harrisburg, Dauphin County, Pennsylvania was deposited into the owners account on February 5, 2008. Plaintiffs demand strict proof of this averment at time of trial in this matter. 43. Admitted. 44. Admitted. 45. Denied. It is specifically denied that at the conclusion of the meeting to terminate management 1940 Bellevue Road, Harrisburg, Dauphin County, Pennsylvania, Plaintiffs took possession of all keys to the property. Plaintiffs demand strict proof of this averment at time of trial in this matter. 46. Denied. The allegations in paragraph 46 contain conclusions of law to which no response is required. To the extant that a response is deemed required, Plaintiffs specifically deny the allegations contained in paragraph 46 and demand strict proof thereof at time of trial. 47. Plaintiffs, after reasonable investigation are without knowledge or information sufficient to from a belief as to the truth of Defendants averment # 47. 48. Denied. The allegations in paragraph 48 contain conclusions of law to which no response is required. To the extant that a response is deemed required, Plaintiffs specifically deny the allegations contained in paragraph 48 and demand strict proof thereof at time of trial. 49.Admitted in Part, Denied in Part. It is admitted that the basement unit of 2200 Walnut Street, Harrisburg, Dauphin County, Pennsylvania was brought to Defendant with the basement unit under rehab. It is specifically denied that 2200 Walnut Street, Harrisburg, Dauphin County, Pennsylvania was brought to Defendant with two units under rehab. 50.Admitted in Part, Denied in Part. It is specifically denied that Apartment 2f was the only unit rented at 2200 Walnut Street, Harrisburg, Dauphin County, Pennsylvania when it was brought to Defendant. There is no Apartment 2f at this address. It is admitted however that there was a tenant in the 2nd floor apartment when the property was brought to Defendant. 51.Admitted. By way of clarification, the issues were localized to the basement unit at 2200 Walnut Street, Harrisburg, Dauphin County, Pennsylvania. 52. Ad m itted. 53. Denied. The allegations in paragraph 53 contain conclusions of law to which no response is required. To the extant that a response is deemed required, Plaintiffs specifically deny the allegations contained in paragraph 53 and demand strict proof thereof at time of trial. 54. Denied. It is specifically denied that a security deposit for Apartment 2 at 2200 Walnut Street, Harrisburg, Dauphin County, Pennsylvania was deposited to Owner's account on February 1, 2009 in the amount of seven hundred ($700.00) dollars. Plaintiffs demand strict proof of this averment at time of trial in this matter. 55. Denied. It is specifically denied that a security deposit for Apartment 1 at 2200 Walnut Street, Harrisburg, Dauphin County, Pennsylvania was deposited to Owner's account on February 19, 2009 in the amount of one thousand ($1,000.00) dollars. Plaintiffs demand strict proof of this averment at time of trial in this matter. By way of clarification, as per the lease agreement, the security deposit was two thousand ($2,000.00). 56. Denied. It is specifically denied that a security deposit for Apartment B at 2200 Walnut Street, Harrisburg, Dauphin County, Pennsylvania was deposited to Owner's account on February 19, 2009 in the amount of six hundred and fifty ($650.00) dollars. Plaintiffs demand strict proof of this averment at time of trial in this matter. 57. Admitted. 58. Denied. It is specifically denied that the security deposit for Shawnta Kent in Apartment 2 at 1929 Market Street, Harrisburg, Dauphin County, Pennsylvania in the amount of six hundred and twenty dollars ($620.00). Plaintiffs demand strict proof of this averment at time of trial in this matter. By way of clarification, the tenant in Apartment 2 at 1929 Market Street was a Section 8 tenant, there was no security deposit received and tenant was there when Plaintiff's purchased the property. 59. Admitted. 60. Denied. The allegations in paragraph 60 contain conclusions of law to which no response is required. To the extant that a response is deemed required, Plaintiffs specifically deny the allegations contained in paragraph 60 and demand strict proof thereof at time of trial. WHEREFORE, Plaintiffs, Thomas J. & Georgine Gaul, his wife, demand judgment against Defendant, Lehman Group, Inc. t/d/b/a Lehman Property Management, in the full amount demanded in the several counts of their Complaint and any other such relief as this Honorable Court deems necessary and just. PLAINTIFFS' RESPONSE TO DEFENDANT'S COUNTERCLAIM 61. Paragraph 61 being a paragraph of incorporation does not require a response. 62. Denied. The allegations in paragraph 62 contain conclusions of law to which no response is required. To the extant that a response is deemed required, Plaintiffs specifically deny the allegations contained in paragraph 62 and demand strict proof thereof at time of trial. 63. Denied. The allegations in paragraph 63 contain conclusions of law to which no response is required. To the extant that a response is deemed required, Plaintiffs specifically deny the allegations contained in paragraph 63 and demand strict proof thereof at time of trial. 64. Denied. The allegations in paragraph 64 contain conclusions of law to which no response is required. To the extant that a response is deemed required, Plaintiffs specifically deny the allegations contained in paragraph 64 and demand strict proof thereof at time of trial. 65. Denied. The allegations in paragraph 65 contain conclusions of law to which no response is required. To the extant that a response is deemed required, Plaintiffs specifically deny the allegations contained in paragraph 65 and demand strict proof thereof at time of trial. 66. Denied. The allegations in paragraph 66 contain conclusions of law to which no response is required. To the extant that a response is deemed required, Plaintiffs specifically deny the allegations contained in paragraph 66 and demand strict proof thereof at time of trial. 67. Denied. The allegations in paragraph 67 contain conclusions of law to which no response is required. To the extant that a response is deemed required, Plaintiffs specifically deny the allegations contained in paragraph 67 and demand strict proof thereof at time of trial. WHEREFORE, Plaintiffs respectfully request that his Honorable Court dismiss Defendant's Counterclaim and order Defendant to pay Plaintiffs' costs of defending Defendant's Counterclaim. PLAINTIFFS' NEW MATTER TO DEFENDANT'S COUNTERCLAIM 68. Plaintiffs hereby incorporate and make part hereof the preceding paragraphs as if fully set forth herein. 69. Defendant's Counterclaims may be barred by doctrine of laches. 70. Defendant's Counterclaims may be barred by the doctrine of res judicata. 71. Defendant's Counterclaims may be barred by the doctrine of estoppel. 72. Defendant's Counterclaims may be barred by the doctrine of waiver. 73. Defendant's Counterclaims may be barred in whole or in party by the ethical statute of limitations. 74. Defendant's Counterclaims may be barred by the doctrine of unclean hands. 75. Defendant's Counterclaims may be barred for lack of consideration. 76. Defendant's Counterclaims may be bared by their failure to mitigate any damages sustained (all of which are specifically denied). 77. Plaintiffs believe, and, therefore, aver, that any damages suffered by Defendant were the direct result of Defendant's actions and not those of Plaintiffs. WHEREFORE, Plaintiff respectfully requests that his Honorable Court dismiss Defendant's Counterclaim and order Defendant to pay Plaintiffs' costs of defending Defendant's Counterclaim. Date: 6- 11 " a ODD( Respectfully Submitted, ?'W Bryan W. Shook, Esquire I.D. # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Plaintiff THOMAS J. GAUL and IN THE COURT OF COMMON PLEAS GEORGINE GAUL, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No: 09-775 Civil Term LEHMAN GROUP, INC. t/d/b/a CIVIL ACTION - LAW LEHMAN PROPERTY MANAGEMENT, Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Plaintiff's Response To Defendants' New Matter and Counterclaim and Plaintiffs New Matter to Defendant's Counterclaim, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Lehman Group, Inc. t/d/b/a Lehman Property Management c/o Timothy M. Barrouk, Esquire The McShane Firm, LLC 4807 Jonestown Road, Suite 148 Harrisburg, Pennsylvania 17109 Date: C-11-01 Respectfully Submitted, ?'_ "uJ Bryan W. Shook, Esquire I.D. # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Plaintiff VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unswom falsification to authorities. Date: 10 a'c-- 09 VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. 1 understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unswom falsification to authorities. Date: A P 4 U.-, & J o? Georgine ul t O THE Y' 0rt tf?.. 12 ':8 rt. 3' 7 Timothy M. Barrouk, Esquire ID# 203250 The McShane Firm, LLC 4807 Jonestown Road Suite 148 Harrisburg, PA 17109 Telephone- (717)657-3900 Fax- (717)657-2060 trnb(a,themcshane firm. corn Attorney for Defendant THOMAS J. GAUL and GEORGINE GAUL, his wife Plaintiffs V. LEHMAN GROUP, INC. t/d/b/a LEHMAN PROPERTY MANAGEMENT, Defendant IN COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No: 09-775 Civil Term CIVIL ACTION- LAW DEFENDANT'S ANSWER TO PLAINTIFF'S NEW MATTER TO DEFENDANT'S COUNTER CLAIM AND NOW this 29th day of June, 2009, comes the Defendant, Lehman Group, Inc. t/d/b/a Lehman Property Management, by and through his undersigned Attorney, The McShane Firm, LLC and Timothy M. Barrouk, Esquire and avers in support of their Answer With New Matter and Counterclaim as Follows: 68. Paragraphs one through sixty-seven of Defendants' Answer With New Matter and Counter Claim are incorporated by reference as if the same were more fully set forth at length herein. 69. Defendant is advised and therefore avers that said allegations contained in Plaintiff's averment sixty-nine (69) are conclusions of law to which no responsive pleading is required. To the extent that they are deemed factual in nature they are denied. Undersigned Counsel obtained the consent of Attorney Bryan Shook to file his Answer and Counterclaims outside of 20 days from the date of service of Plaintiff's complaint. During this time undersigned counsel and Attorney Shook engaged in conversation regarding settlement of the case. Defendant raised his claim as a Counterclaim in his Answer to Plaintiff's Complaint. No prejudice was suffered by the Plaintiff. 70. Defendant is advised and therefore avers that said allegations contained in Plaintiff's averment seventy (70) are conclusions of law to which no responsive pleading is required. To the extent that they are deemed factual in nature they are denied. Defendant's Counterclaim had not been previously litigated and as such the Doctrine of Res Judicata is not applicable. 71. Defendant is advised and therefore avers that said allegations contained in Plaintiff's averment seventy-one (71) are conclusions of law to which no responsive pleading is required. To the extent that they are deemed factual in nature they are denied. Plaintiff fails to state any reason why Defendant's claim might be barred by the Doctrine of Estoppel. However, it is expressly denied that this claim is barred by the Doctrine of Estoppel. 72. Defendant is advised and therefore avers that said allegations contained in Plaintiff's averment seventy-two (72) are conclusions of law to which no responsive pleading is required. To the extent that they are deemed factual in nature they are denied. Undersigned Counsel obtained the consent of Attorney Bryan Shook to file his Answer and Counterclaim outside of 20 days from the date of service of Plaintiff s complaint. During this time undersigned counsel and Attorney Shook engaged in conversation regarding settlement of the case. Defendant raised his claim as a Counterclaim in his Answer to Plaintiff's Complaint. No prejudice was suffered by the Plaintiff. 73. Defendant is advised and therefore avers that said allegations contained in Plaintiff s averment seventy-three (73) are conclusions of law to which no responsive pleading is required. To the extent that they are deemed factual in nature they are denied. Undersigned Counsel obtained the consent of Attorney Bryan Shook to file his Answer and Counterclaim outside of 20 days from the date of service of Plaintiff s complaint. During this time undersigned counsel and Attorney Shook engaged in conversation regarding settlement of the case. Defendant raised his claim as a Counterclaim in his Answer to Plaintiff s Complaint. No prejudice was suffered by the Plaintiff. 74. Defendant is advised and therefore avers that said allegations contained in Plaintiff s averment seventy-four (74) are conclusions of law to which no responsive pleading is required. To the extent that they are deemed factual in nature they are denied. Plaintiff fails to state why the Defendant's claim should be barred by the Doctrine of Unclean Hands. However, Defendants expressly deny that its claim was made with unclean hands. 75. Defendant is advised and therefore avers that said allegations contained in Plaintiff s averment seventy-five (75) are conclusions of law to which no responsive pleading is required. To the extent that they are deemed factual in nature they are denied. Plaintiff entered into a contract whereby Defendants were to perform services in exchange for fees. Defendant performed the work required by the contract. Said work and services constitutes consideration. 76. Defendant is advised and therefore avers that said allegations contained in Plaintiff s averment seventy-six (76) are conclusions of law to which no responsive pleading is required. To the extent that they are deemed factual in nature they are denied. Plaintiff failed to state with any specificity how damages were being calculated. Additionally, the Defendant provided detailed information regarding the financial status and rents collected to mitigate damages. 77. Defendant is advised and therefore avers that said allegations contained in Plaintiff's averment seventy-seven (77) are conclusions of law to which no responsive pleading is required. To the extent that they are deemed factual in nature they are denied. The damages suffered by the Defendants were the direct result of the conduct of Plaintiff. Specifically, Plaintiiff's failure to comply with his contractual obligations. WHEREFORE, Defendant demand judgment against the Plaintiffs in the amount of four thousand one hundred and ninety-three dollars and nineteen cents ($4,193.19) for monies not collected from the Plaintiffs by the Defendant and whatever other relief this Honorable Court deems necessary. Respectfully Submitted, Date: Timothy M. Barrouk, Esquire Attorney I.D.# 204537 4807 Jonestown Road Suite 242 Harrisburg, Pennsylvania 17109 #717-657-3900 Attorney for Plaintiff Attorney for Defendant THOMAS J. GAUL and IN COURT OF COMMON PLEAS GEORGINE GAUL, his wife CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs V. No: 09-775 Civil Term LEHMAN GROUP, INC. t/d/b/a CIVIL ACTION- LAW LEHMAN PROPERTY MANAGEMENT, Defendant TO THE HONORABLE JUDGES OF SAID COURT: CERTIFICATE OF SERVICE I, Timothy M. Barrouk, Esquire, hereby certify that the following service has been completed in compliance with the Rules of Civil Procedure: First Class Mail Bryan Shook, Esquire 2132 Market Street Camp Hill, PA 17011 Respectfully submitted, The McShane Firm, LLC Timothy M. Barrouk, Esquire Attorney ID # 204537 Attorney for the Petitioner 4807 Jonestown Road Suite 242 Harrisburg, PA 17109-1739 Telephone: 717-657-3900 Facsimile: 717-657-2060 f 2039 JUL -1 Ali ` 11` 24 Ft."d; Trudy A. Marietta. Mintz, Esquire ID# 208523 Dethlefs-Pykosh Law Group. LLC 4 y?;Z,t}.34 2132 Market Street Camp Hill, PA 17011 _ ',-)UNN Telephone - (717) 975-9446 GUtJ? ?•i' ;'' Fax - (717) 975-2309 pENiv?`t LVPu"?ilA i maricadminti u d jIgInN .com THOMAS J. GAUL and IN THE COURT OF COMMON PLEAS GEORGINE GAUL, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No. 09-775 Civil Term LEHMAN GROUP, INC. t/d/b/a CIVIL ACTION - LAW LEHMAN PROPERTY MANAGEMENT, Defendant PETITION FOR THE APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Trudy A. Marietta Mintz, counsel for the Plaintiffs in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiffs in the action is Thirty-two Thousand Two Hundred Thirty-one Dollars and Twenty-seven Cents ($32,231.27) plus interest and costs. 3. The counter claim by the Defendant in the action is Four Thousand One Hundred Ninety- three Dollars and Nineteen Cents ($4,193.19). 4. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Trudy A. Marietta Mintz, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 Timothy M. Barrouk, Esquire The McShane Firm, LLC 4807 Jonestown Road Suite 148 Harrisburg, PA 17109 WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, DETHLEFS-PYKOSH LAW GROUP. LLC Trudy arietta Mintz, Esquire 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attornev for Plaintiffs CERTIFICATE OF SERVICE THIS IS TO CERTIFY that on the 8L' day of September, 2010 a true and correct copy of the foregoing Petition for the Appointment of Arbitrators was mailed, first class postage prepaid to : Timothy M. Barrouk, Esquire The McShane Firm 4807 Jonestown Road Ste. 148 Harrisburg, PA 17109 TRUDY A. M ETTA MINTZ, Esquire T p, r r, ?tf?Fi 17rtl1 )ENNSYiroVa Timothy M. Barrouk, Esquire ID# 203250 The McShane Firm, LLC 4807 Jonestown Road Suite 148 Harrisburg, PA 17109 Telephone- (717)657-3900 Fax- (717)657-2060 tmbCc-)themcshanefirm.com Attorney for Defendant THOMAS J. GAUL and GEORGINE GAUL, his wife Plaintiffs V. LEHMAN GROUP, INC. t/d/b/a LEHMAN PROPERTY MANAGEMENT, Defendant IN COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No: 09-775 Civil Term CIVIL ACTION- LAW MOTION TO CONTINUE AND NOW, this 15h day of February, 2011, comes the Defendants, Lehman Property Management, Inc., t.d.b.a Lehman Property Management by and through their undersigned attorney, The McShane Firm, LLC, and Tim M. Barrouk, Esquire, and respectfully aver as follows: 1. This matter is currently scheduled for arbitration on February 28th, 2011. 2. The undersigned has a scheduling conflict and is scheduled to appear for trial in the Court of Common Pleas in the matter of Commonwealth v. Jason Thompson, Docket No. CP-24-CR-0000334-2009 on the same date and time. See attached order dated November 14, 2010. 3. On December 21, 2010 undersigned counsel received an Order rescheduling the arbitration for February 28, 2011 at 9:30 a.m. 4. Despite counsel providing calendars for November and December, 2010 with their availability, this matter was ultimately scheduled without conferring with counsel's schedules for February, 2011. 5. Counsel for the Plaintiff, Trudy A Marietta Mintz, Esquire, was contacted and consents this continuance. WHEREFORE, Defendants, Lehman Property Management, Inc., t/d/b/a Lehman Property Management, respectfully request this Honorable Court grant their Motion and this continue this matter to a date convenient to all parties. Respectfully submitted, The McShane Firm, LLC L Tim M. Barrouk, Esquire 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 Tel: 717-657-3900 Fax: 717-657-2060 Attorney ID: 204537 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF THE FIFTY-NINTH JUDICIAL DISTRICT OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA COUNTY BRANCH ELK VS. CRIMINAL JASON THOMPSON CP-24-CR-334-2009 ORDER OF COURT NOW, November 29, 2010, following status conference this date, IT IS ORDERED AND DECREED that jury seiection shall be conducted on February 14, 2011, commencing at 9:00 a.m. in the Main Courtroom, Second Floor, Elk County Courthouse, Ridgway, PA. Final Call of the Jury List is scheduled for February 7, 2011, at 11:00 a.m. in the Main Courtroom, Second Floor, Elk County Courthouse, Ridgway, PA. Jury trial shall commence at 9:00 a.m. on February 28, 2011, in the Main Courtroom, Second Floor, Elk County Courthouse, Ridgway, Pa. One day is allotted for trial. Counsel for both the Commonwealth and the defendant have confirmed their availability for the dates and times scheduled above. BY THE COURT: A. Masson Pr6sicTent Judge j IL It DEC - 6 2010 I -- -- k CERTIFICATE OF SERVICE I, Cathi Leigh McAdams, an employee of The McShane Law Firm, LLC, hereby certify a true and correct copy of the foregoing Motion for Continuance was served by facsimile and postage prepaid, U.S. First Class mail on February 15, 2011 to the following: Trudy A. Marietta Mintz, Esquire 1 N. Walnut St., Suite 1 Mechanicsburg, PA 17055 Jennifer Spears, Esquire 10 E. High St. Carlisle, PA 17013 Marlin L. Markley, Jr. 3920 Market St. Camp Hill, PA 17011 Date Cathi Leigh McAd ms, Paralegal f DETHLEFS-PYKOSH' AW GROUP, LLC BY: DARRELL C. DE-HLEFS, ESQUIRE Attorney I.D. No. 58.305 ddethlefs@aol.com. 2132 Market Street;. Camp Hill, PA 1701:1 Telephone: (717) 975-9446 Facsimile: (717) 97''--2309 THOMAS J. GAUL end GEORGINE GAUL, Plaintiffs i V. LEHMAN GROUP," NC., dba LEHMAN PROPER-;"Y MANAGEMENT, Defendants TO THE PROTHONOTARY: 2'51I t R --4 Ail P: PENNSV" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW PRAECIPE Please withdraw ,she appearance of Trudy A. Marietta Mintz, Esquire, as counsel for Thomas J. Gaul and Georgin° Gaul. Tru A. Mariettz Mintz, Esquire 14 North Walnut Street Mechanicsburg, PA 17055 TO THE PROTHOr?OTARY: Please enter the "-ppearance of Darrell C. Dethlefs, Esquire, of Dethlefs-Pykosh Law Group, LLC, as attorney for Th':)mas J. Gaul and Georgine Gaul Darrell C. Dethlefs, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 DETHLEFS-PYKOSH 'AW GROUP, LLC BY: DARRELL C. DEHLEFS, ESQUIRE Attorney I.D. No. 5E?805 ddethlefs@ ol.com 2132 Market Street Camp Hill, PA 17011 Telephone: (717) 9:15-9446 Facsimile: (717) 97'-1-2309 THOMAS J. GAUL 'ind GEORGINE GAUL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No.. LEHMAN GROUP, !'NC., dba LEHMAN PROPER"'Y MANAGEMENT, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Darrell C. Dethlefs, Esquire, hereby certify that I have caused a true and correct copy of the Praecipe n be served upon the following counsel of record via United States Postal Service, First Clas.,; Mail, postage prepaid, addressed as follows: Thomas M. Barroi..ck, Esquire 4807 Jonestown F`oad, Suite 148 Harrisburg, PA 17109 n Resr)ectfu#v S4bmitted: Dated e BY: Darrell'C'I)'ethlefs, Esquire J° a,? 60R In The Court of Common Pleas of Cumberland Plaintiff w'4c LZAt,,A Aopk'J Mv,,tT w? Defendant County, Pennsylvania No& - 7 7, f Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. L" 7 Signature Name (Chairman) 4tur i?a e 4C e/1- f kam Wo 6?k 011 Law Firm Law Firm Address Address dA rGc/1 ?? j (culliZo 1?7p 1903 Ci zip City, Zip Signatur fl ', Name k(t &CoA-4,4•d' 4c., Law Firm Address e E-,. u•,it, PA- /7,711 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ON u/11 fAS' C/a We 7,- ?n 1/tv0/l. OOC N'e ,41/ r-ti-cQ x Date of Hearing: Date of Award: (Chairman) Notice of Entry of Award Now, the 74 day of , 20 // , at 1-2%.2ff f ,M., the above award was entered upon the docket and notice th reof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 354 Cpl) By: Deputy . Arbitrator, dissents. (Insert name if annlicahle_ FILED-OFFICE OF THE P90THONOTARY, 2011 APR -7 PM 12: 24 CUMBERLAND COUNTY PENKSYLVANI A r RVL