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HomeMy WebLinkAbout09-1003COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT 1 to wr 6A" NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PJ.EAS No. ?_- "' " i `_' E., i 3 l._.»F 1 V (NOTICE OF APPEAL Notice is given that the appellant has filed in the ab(*e Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. 1? -3 -04 ADDRESS OF APPELLANT CITY STATE ZIP CODE e pb 190 70 70 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) ;?- 13) 69 1 KU7e r iai_I i_zA -C>ii?rti ?r vs. tl. i - efi _ I + h?. s CLAIM NO. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR E` V- L)(.X Q ioL,3 - 0RLT YEAR This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see, PA R.C.P.J.P. R.C.P.J.P. No. 1008B. No. 1001(6)) in action before district Justice, he This notice of Appeal, when received by the District Justice, will operate as A SUPERSEOEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AM RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon KUT-t ?L ( A ?;r_-; _-, appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 0 - 100.3 L' Ivi I J within twenty (20) days after service of rule or suffer try of' dgment of non pros. Term 4 c +? of al'ipiltlta?M or?ti§ attarrrey or agittnt RULE: To E t ?`" Y ([?" L? , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) IfIR#p t file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAiNSTYOU D;e: $ /4ECIPE. Y Whife Prothonotary Copy GreeiiA Court File Copy Yellow"#,,p Appelant's l opy Pink .ellee Copy Gold - D. J.t"mss,"" (3) The date of +er5 ele of this , rule if Year service was by mail is the date of the mailing. oh h, Proth. - 76 °^ ?-Tj co =y " V1 X 4n PROOF OF SERVICE OF NOTICE OF APPEAL AND RULf pI'#:6111010LAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check appflcable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. _ upon the. District Justice designated therein on (date of service) year ©by'Personatservice ?tfy (60rtiffed) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name on year _____ ____, ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule.+to File a Complaint. accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on _ year __ ___ _ ? by personal service E] by (certified) (registered) mail, sender's receipt attached hereto. S' SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _ DAY OF YEAR -- Signature of Affient Signature of official before whom affidavit was made Title of official My commission expires on ____ , year _ COMMONWEALTH OF PENNSYLVANIA COUNTY OF. CiWERLAND Mag- Dist. No.: 09-3-04 MDJ Name. Hon. THOXAS A. PLACBY Add-- 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone-. (717) 761-8230 17050 DON KLAIBER 422 BRIDGE STREET NEW CUMBERLAND, PA 17070 THIS IS TO NOTIFY YOU THAT: NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAMEandADDRESS rIflTZ, ELIZABETH G. P. O. BOX 86 CAMP HILL, PA 17011 L -? vs. DEFENDANT: NAME and ADDRESS fKLAIBER, DON 422 BRIDGE STREET NEW CUMBERLAND, PA 17070 L J Docket No.: CV-0000663-08 Date Filed: 10/01/08 Judgment: DEFAULT JUD(;RIENT PLTF (Date of Judgment) 2/03/09 ® Judgment was entered for: (Name) KUTZ, RLIZABEM G. ® Judgment was entered against: (Name) XLhIBZRr DCO in the amount of $ 941.4. F]Defendants are jointly and severally liable. n Damages will be assessed on Date & Time ? This case dismissed without prejudice. El Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 0 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 866.49 Judgment Costs $ 75.00 Interest on Judgment $.00 Attorney Fees $?0 Total $ 941.49 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date - - , Magisterial District Judge I certify that this is a true an/correct copy of-the record of the pr ceedings confauting the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-07 __ _ _ T]1?4 __n>DT.]CAI±1P?1 ____71_A.Z.l.A_a_----_t_._rs2..IIA_._.7>•i[ . ___.._ _ .. ___._ _ __ _ 1. Postal Postal m I CERTIFIED , a s CERTIFIED , n N (Domestic Mail Only, N o Insurance Coverage Provided) -0 1 N (Domestic Mail • Provided) frl For delivery information vi ?. . i. sit our website at www.usps.conv frl rte- •. ? Co Postage $ Postage $ ru 4 p Certified Fee e \ - N p Certified Fee -- postmark O C3 Return Receipt Fee (Endorsement Required) Postmark G `? i C C3 p Return Receipt Fee (Endorsement Required) , H4 , `-. ' I + Q co Restricted Delivery Fee (Endorsement Required) !" ` p "Ir Restricted Delivery Fee (Endorsement Required) CJ? N Total Postage & Fees $ ! p: .4 .. N Total Postage & Fees @ 4;. J $ C3 p ! ant To f I l crt P - WtieW A t No p `•?? nt :; ---------- N I- Q ° ------------•-- . . P orPOBoxNo. ? L o No - + °-....._. - --- •--------------- ---- ---?O _- 1--------- ? ----- P+4 ZI ------ r PROOF OF 00" 0"0 OF APPKft AND RULE TO MM.! COMPLAINT (This proof of service 14CW St FILE=D VATHIN TEN 0) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEAL* OF ONNsytIVMiA WVN1'7 OF ss AFFIDAVIT: I hereby swear or affirm that I served e eepy of the Noti®e+sfAppeal, Common Pleas No. upen the-Bistiiet Justioe deaVristoMherein on *sonal service mail, sender's Lr (date of ge ice .+ ? ? _ m #?Y-(certifl?ed) (regls }' receipt Arched herello and upon the appsillse, ( tna 4 I k4. a?cl , on year -Ak ?by personal service J by (certified) (registered) mail, s~s receipt attached hereto. w4furthor that I served# tho-,RuW4#.f lie a Complaint'aowmpenyingtMi.? apo*e hopoa,of Appeal upori the appel s)+to whom the Rule was addressed on, year ? by personal service y (certified) (registered) ma& WKWs c!ec00:41ileow hwato., III""''' SW,0Rf4,(AF, FI D) AN SDI4WEif EZ BE-FORE ME THIS 9 DAY OF YEAR T. . ,d SignNwe d AffiarU Sfj7nahae d before wtrom aN'idewr Tft of &WCW ;. 4 7 year commission expires on t My i tst .: r? Q .. 'A` Jr- im ELIZABETH G. KUTZ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-1003 V. DONALD A. KLAIBER A/K/A DON KLAIBER AND JO LYNN M. KLAIBER, HIS WIFE, CIVIL ACTION - LAW 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 complain and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. You should take this paper to your lawyer at once. If you do not have 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. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 t es L. Walsh, Esquire hwood Office Center 2215 Forest Hills Drive, Suite 37 Harrisburg, PA 17112-1099 (717) 787-5220 Attorney for Plaintiff 02/02/2009 15:47 FtX 2395964134 HAVER'TYS 11003 rtrJ-eG-Gb?y 13: 4H ftuDEN - -AL THOMPSON WOOD RE. . Eerm P.03 "PRE-SEMEMFiNT WALK-THROUr GR &SpEG"Z' ON" DATE OF SALES AGREEMENT: .? Q RE. PROPERTY: //44-6 I AA-4. _ SELLEKS): 17 ' BUYERS}; The undersigned l3u r(s) have completely i the abovecaptiojwd - prop" an ..? 2U G accompanied by Property was in sabsta dlia the sotto caedneon as it was at the t= of 2W hm ac io+n ofa warn that the ?rt of Sala. The Buyer(s) acknowledge that all non-nsal estft umms as outlined in the AVesment of Sae were on the Pra nises at the lima of inspection and all $xwros were in place std funWoning The follawfng items wore noW a NQT being in if "I".) The $uyer(s?) have received s condition but wstro aec$ptad iII "A3 YS" condition (Indicate warranties; are isiCluded r() ass copies all required cerdfC and Inspectia? and understand that no Pec cady indicated-og the. vhritt n report. All tq= and WM in the Sale have been sa isf ictoray met. A$nement of Ile -- - - - - .._...P a" 00146, V. A6 trl0 CAMS I •v • i ? req seal tion ¢e?rti' supersede nor supplant the MV] WSW l Cupp t one. Buyer(a) w 40 90 yIng u0m any ropreasnwtioa inside by Boller, Agent or Bra, stud hereby relwises, one of them 861 Slller(s). Agmnrs. Subegeab, ern o and any othar Y and arty o Beer or partner Cr any 10390, or dem POI ? or cavomt on, who may W liable by or 6oug ands, inolu?d'ttg persorW injuries and all of the co ?. fpm any and all claims, arise 'due to the cortditiothe sub ;Oft property. 1 iinereo>ti whei+e now Down ar not, which may C WITNESS SUY DATE WITNESS BUYER DATE Sailer(s) have *n ii4visei} at the % at-, of $u f y.:(s) inspaoElab and now to cepdam or roo .now 114min. WI';['NESS 011 SELLER DATE z. et' i! kdm SFL?.,E BATE wMI I (We), tb?e ECompiete this! AAWM 0my it loo is unde waived by the Bq+et(s)) hp,? nd waive our S of the above :captlonad property, batve beats adrisod of o? Y dle iiae and waive our right to sorb Satl rlabt to a pre4 a,(#), 5 ba and the bearer tl>ereotasrd het+eby rasl ?. We ssila(s) Agwilk c who may ?" driployetm, Y er parruw aT any nee or rn iM and forever disd*31e, afdw con"quenew dvwwC whom,lww from &I d"a ceims, lowas, pr including pertaasl WMIes, known na? which stay arltr due to $ta boa of die subject txolxtl?? FEB-02-2009 03:48PM FAX:2395964134 Current Date: ID: October 01, 2008 PACE:003 R=100: Feb 02 2009 5:02PM TOWN MARKET CPU sireslr?,wmsn?ar??.....e..•.?,?•-.. ,...._... . - _ f vi t A ?II s z ._ z I,- V 1 O ,? ? p^r7 ? ': u I p A ? ?. °q4 .•. 3 f CL ! a3 $ co FEB-02-2009 05:18PM FAX:239 333 0920 Ip; (2391 333-0920 rig ,. i ' 5 :r a ? a r w i I .. 111 H V ?a. V { ?V r? ?Y Y Ik,. P.1 PACE:001 R=93% IA N c N Cm . W c a Em e% xyy? a^ V? V 6?i.Q. O Zia ??J 1O m elf w Elizabeth Q. Kutz aa?sr3?3 23 1143 Cross Creek Drive Meftniasburg,, PA 11.705Q314 A 104 R ELIZABETH G. KUTZ V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-1003 DONALD A. KLAIBER A/K/A DON KLAIBER AND JO LYNN M. KLAIBER, HIS WIFE CIVIL ACTION - LAW VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. §4904 to unsworn falsifications to authorities. Date: 31#10 1 64'-16? -.? h &1:? Elizabeth . Kutz N T ? y -- Y ? =f Q (71 c-n r-O ELIZABETH G. KUTZ, Plaintiff V. DONALD A. KLAIBER a/k/a DON KLAIBER and JO LYNN M. KLAIBER, His Wife, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1003 CIVIL ACTION - LAW NOTICE TO PLEAD TO: ELIZABETH G. KUTZ c/o James L. Walsh, Esquire 2215 Forest Hills Drive, Ste. 37 Harrisburg, PA 17112-1099 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed New Matter within twenty (20) days from service hereof or judgment may be entered against you. `-Donald A. ?Klaibe?r???? J Ly Klaiber ELIZABETH G. KUTZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DONALD A. KLAIBER a/k/a NO. 09-1003 DON KLAIBER and JO LYNN M. KLAIBER, His Wife, Defendant : CIVIL ACTION - LAW ANSWER TO COMPLAINT INCLUDING NEW MATTER AND NOW, come the Defendants in the above-captioned action who file the following answers to the Complaint: 1. Admitted. It is admitted that the Plaintiff is Elizabeth G. Kutz. Her address is denies{ as the Defendants are without knowledge or information sufficient to the truth of the averment, and strict proof thereof is demanded at trial. 2. Denied. Defendant Donald A. Klaiber has a place of business at 422 Bridge Street, New Cumberland, Pennsylvania. Defendant Jo Lynn Klaiber does not. 3. Denied. Exhibit 1 speaks for itself. 4. Denied. Exhibit 2 speaks for itself. In further reply, Exhibit 2 is not an Agreement for the purchase of property "as is", but is instead a "Pre-Settlement Walk- Through Inspection" form normally signed at settlement. However, the document was altered after it was signed by the parties, presumably by the Plaintiff, and, therefore, has no bearing on this matter. 5 further reply, see New Matter below. Denied. Plaintiff did not lease the premises from the Defendants. In 6. Denied as stated. In further reply, see New Matter below. 7• Admitted in part. Denied in part. It is admitted that the Plaintiff wrote a check in the amount of $1,200 reducing her judgment; however, the check was delivered to the other party to the transaction, as more particularly set forth in New Matter below. 8. 9. 10 11, 12. 13. 14. the reasons set forth in New Matter below, MEW MATTER 1. Plaintiff entered into a Lease Agreement with Realty Services Group, Inc. for the premises located at 1143 Cross Creek Drive, Mechanicsburg, Pennsylvania, Which Lease Agreement was for the sole purpose of a legal "holding over" after sellin the property to the Defendants. g 2. Realty Services Group, Inc. acted as the broker for the transaction and as the authorized Landlord/Lessor under the Lease Agreement. 3. Plaintiff made all payments to Realty Services Group, Inc. as indicated in the Lease and copies of her checks set forth as Defendant's Exhibits A and B, respectively. 2 Denied as stated. In further reply, see New Matter below. Denied as stated. In further reply, see New Matter below, Denied as stated. In further reply, see New Matter below, Denied as stated. In further reply, see New Matter below, Denied as stated. In further reply, see New Matter below. Denied as stated. In further reply, see New Matter below. Denied. No funds are due and owing to the Plaintiff by the Defendants for 4. The Plaintiff indicated she was only interested in leasing the property for a couple of months. 5. The Plaintiff was given notice to vacate the property by July 31, 2008, or renew for a one-year term, something she was not willing to do. 6. Plaintiff refused to move out by the noticed date of July 31, 2008. 7. The Landlord, Realty Services Group, Inc., was forced to file suit with the local District Justice against the Plaintiff as the holdover tenant, and, as a result, obtained judgment against the Plaintiff in the amount of $1,489.50. 8. On August 7, 2008, Plaintiff made a payment of $1,240, which amount was partially credited against the judgment. 9, At the time, Plaintiff was allowed until the end of August to move out. 10. On August 8t", Plaintiff called the main office line for Realty Services Group, Inc. to report that her central air was not working. 11. Plaintiff called approximately 8-12 times in one day, indicating that if someone was not there the next day to repair the air conditioning, she would have it repaired herself and bill the Landlord. 12. Plaintiff did not call the separate maintenance line set up to take these types of calls, and her calls were not received by the Landlord or the Defendant, Don Klaiber, until the following day, by which time she had already obtained the services of someone else to do the repairs. 13. As a result, Plaintiff incurred expenses for the air-conditioning service call without liability to the Landlord. 14. At the time she finally left the property on August 31, 2008, she left the property damaged. 15. The Landlord, Realty Services Group, Inc., forwarded to her a security deposit refund letter, and refunded her balance after deduction of the unpaid balance of the first judgment and the damages of $540.07 from her initial security deposit of $1,000. Copies of the letter and check are attached hereto as Exhibit C and D. 16. At no time did the Landlord "force the Plaintiff to clean her carpets. 17. To the contrary, before she moved out, Plaintiff was given a form letter, a copy of which is given to all residents before they vacate the premises (attached as Exhibit E), which recommended cleaning of items which should be cleaned, includin the carpets. If they were dirty enough to require cleaning, they should have been cleaned at the cost of the tenant. 18. Plaintiff has filed this action against an improper party, as her Lease arrangement is with Realty Services Group, Inc., not the Defendants. 19. Plaintiff has failed to state a cause of action against the Defendants. 20. Plaintiff's actions in requiring the air-conditioning service call without following proper procedures and incurring those charges, and in filing the instant lawsuit, are motivated by the fact that she was sued by the Landlord to remove herself from the premises. 21. Plaintiff's Complaint is not filed in good faith and is otherwise frivolous, as she has no cause of action against the individual Defendants. 4 WHEREFORE, Defendants request this Honorable Court to enter judgment in favor of the Defendants and dismiss the Complaint, with costs allocated to Plaintiff, and attorney's fees as provided by law. DATE: Respectfully submitted, Donald A. Klaiber Jo ynn'I?I. Klaiber This A0M"?-' pis =d*tbis_W_k_3ay c r j;& .. ; WOW b"m t wXy Semcw {xcc up, lac, 47,2 96fte St" t. N t* r8 17M as ft3?la s: and ?,{ - a MUM MW "`f? ma.. U, Tom the An im mar its iaa to at Eecarrir bound •**Ku&r *pod a.R7, alaee lw bw?sc :tad gvdki ns. Ztaaes to Tzzaat ' - lsX - - ?&Pftw.a? A£ tTtie AlptfitLt ? . K land TPwt to poy reza iii thn atii of Axv tku *Cm* =Aaeb k A Ah* rya At owrtctty Oft App tm, c-w bte ei Thm the t*t or t it ha* trtaritt d aw c@ tha e.ffc L . . . 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Laatermaq+ at bYa LyatnsF at the s tiaee. ye4eiter?. tea g?easess# $& teat aicfAx?t oolttm$ l*w ntaStiteraft~. .?trem?tsMtit_nematt& toUt+f1w snv ft" "01 tft 4"Im fate bf the tttseot; fir l tech ttmess,ssiG praaises is caret, lease, nr ,my tra?ex*tet iiabfd For tt?e r or am tip lserba r:sfat? uatnt t?ti ertaitt e#tf @f or-pa, [psta MwAttt rain ht fkft dated dsmtM to tvapMw La titam egtpmtts bf tt3ettf trait. 3G 4dvetti3iaL t txfi+cacwf0 *d dam t woutQ be a fad tspe? ittat Jy HOLDYNG am In M*t ma LftW b" TUW*T.Wgh natit a to mitts Ita" aftu at do "a ot the awc tt tame. red tree T tr? ??' "M p *w or terosiuate j 'ax is the er b"WA t uw tii as Sat oon 4a ,!} ?dve. a*w of bmtq. as Legw tVlitt:?eWtr a3ttt so a m s fi,4Latt+FG rs by the 'motet aM MA taut tba WHI beome,takfe ttm ttsoottttiy rase swfTle+d itl the aesgt t and Ru ofims- Ft M of ttas total irttf 1+sas&r iQ efT"t ?ri4 f ft+3. ,Ai+ ? ?ssa?aaA.+xiit'aa c?? *v oft ttanaftt 6e". any (Mao t U45d ba Teavn: by-L-de 6%d temaicR GPt those futtia#ed by 1 aasbr eCTRIC __ ?kS ? 9" Bd+oA7tFdCtef 'fit asdeflz u l Ftot k+aTtUittfes . - CI3A"IeF.it acars;a ?'? ??+ •C iYsiTEA -- SASS --._w.. RE.AT w8i Wlof I MV EXHIBIT A i iit atil tbA tmant w.tabuth ]a the tt wwt _..__.. _ , PHtl 717-763-7134 UTZ 1143 CROSS CREEK DRIVE t? MECHAIVICSBURG, PA 17050 $$$ 6Q-Y878/313 NCH t u? t ._..n.v ?tp?"".nm11Q.dOI11 jLLAXS ?..uJ RM?Ip y Its, ELIZABETH G KE17Z PH4 717-783 7134 43 0 MECHANICSgURG PA IVOSO 587 s- _ MW3Y3 "ZDATE 2-2 titjrra ; rYU PA 17311.. 020Lp1?32 EXHIBIT B Reaty sservhzx qT Pp bm 422Dx%W2bTd New CumberfaacL P'8 17€t70 ... i2E ! ?. Our records indIcate t7nfe*,: y6i*_ vaca o tbe. ai ovv-- praPerity an :S i , zoo Your, SecUrlty 4,ep4S3 t Zm-'be3d 'ta reconcile arty baz.aLVXce ct£s? £t+sz ?t?ase. 76_i Y? i?.? wat;s? G3i {lxi#S 34t*? Amount of Security D??OCSSit _ ? ? ?? Less . <_ f i "{?,?S fr C 2 LQ L i_ -Z 2. Unpa 'd Late C ages 3. Other Charges 4. 4ama.%em a-, mvge lanai- S AWGUr't to be -R0f e€2 r Az OUnt DUe on, Account Very truly youra r Donald A. Kleiberr CPM Realty Services Group, ??co sac , (>AJ *jCts 4. +? ?j?eu , er S 5-0 if, j ?- i } ?'?t? ts_CJ C•/? •'? i??ye4y?e?y? ?? 3??Zi6 ?'1 c_T???? ? 131 Z E "???J iJ ? '? ?• ?? t?' ?.?1? " ???.C b1.i?SZ'' E U ta7Z"Wt..?c? ?U t EXHIBIT C HILL INCLUDES JULY-SEPT 2008 QT SEWER ANWOR TRASH CHARGES. PAYIvIENT IS DUE BY JULY 31, 2008 IN ORDER TO AVOID ' LATE CHARGES. DAT£ MNS,3MPT1<)N AMOUNT BALANCE FORWARD 04101/2008 138.65 HIAI i11? iN1lYTA1NHp?nnili 1 h 1IG11111 PAYMENT 0412412008 -138.65 ` SBWEA 07101/2008 44.40 f 1 RASH 07/ i !!!1 T4?31 0112008 44.25 ADJUSTMENT 0.00 ¢} Q PENALTY 0.00 INTEREST 0.00 ?' / ((( DONALD A KLAMER 312 BLACKSMITH RD CAMP HILL PA 17011-8421 iiMSS'BALANCE PA-TA13LP AFTElt-30-I)AYS DIRECT WITHDRAWAL AVAILABLE CN, I01516-000 LC: 10171031150 DUE DATE 07/31/08 AMOUNTDUE $138.65 AFTER DUE DATE $152.52 RESIDENTIAL & COMMERCIAL PROPERTIES ARE REMINDED IF THEY HAVE A SANITARY SEWER BLOCKAGE OR BACK UP TO NOTIFY THE TOWNSHIP BEFORE CALLING A PLUMBER. CALL THE TOWNSHIP'S ROTH LANE TREATMENT PLANT AT 761-7963. - -? r - PROPERTY ADDRESS 1143 CROSS CREEK DR VERIFICATION We, Donald A. Klaiber and Jo Lynn M. Klaiber, hereby verify that the facts contained in the foregoing Answer to Complaint are true and correct to the best of our knowledge, information and belief. We understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. onald A. Klaiber Date: *-Oof- LyntrM. Klaiber CERTIFICATE OF SERVICE We, Donald A. Klaiber and Jo Lynn M. Klaiber, hereby certify that a true and correct copy of the foregoing document was served upon the Plaintiff by sending a copy of the same via first class U.S. Mail to: James L. Walsh, Esquire 2215 Forest Hills Drive, Ste. 37 Harrisburg, PA 17112-1099 Date: ?si0' Donald A. Klaiber Jw?yn . Klaiber CHARLES FASICK PO BOX 149 NEW CUMBERLAND, PA 17070 PHONE 774-1449 OR 215-6885 fasickmaintenance@comcast.net Invoice Submitted To: Realty Services Group, Inc. 422 Bridge Street New Cumberland, PA 17070 Attn: Donald Klaiber Date: Sep 2, 2008 Invoice is submitted for work done at 1143 Cross Creek Dr (see attached sheet) Labor & Mileage $75.00 Patch & Paint $ 75.00 Parts $55.21 Cleaning $ Carpet Cleaving $ Total $205.21 404 Payment due when job complete. Thank you, Charles Fasick I REPAIR ORDER DATE:' OWNER.- PROPERTY ADDRESS:` , ??' \ ? ??''Lr?S hr1? c. TENANT: // ---_. PH: CALL. FIRST. -______ Yes No REQUESTED: 7>0 WORK PERFORMED / ATERIAL USED: A? -- ObLc. S ` 6Q 7v Byll -? j r r / - r x " DATE COMPLETED: ! ???74 ?75;? ? Tom' A? •9f?'.. _ -..D Gi'` I"F?' -??..c? R-,v TRAYS , LABOR, MATERIAL 2 -41 c-,A* y /? haw ?/fir COMMENTS / RECOMMENDATIONS; American Uompiete tiecurity, inc. 95 N. Enola Road _ Enola, PA 17025 NAME c- ADDRESS 1V° a U Liu PHONE; 717.728.1887 FAX: 717.728.7470 DATE d PHONE WORK COMPLETED ATf ell /")r LOCKSMITH ID ff&n 0 PO * AUTHORIZATION FOR SECURITY/EMERGENCY SERVICES t?h`erne`bg-ce?'tlfyrth?-'t#ra?ve-thg-an 1 _ designated above. Further, I agree to absolve the locksmith who bears this authorization from any and all claims arising from the performance of such work. SIGNATURE -?- ,,, DATE 8a-;841,2 213 0 REALTY SERVICE GRt UIP 213 ?32(19064 ESCROW ACCOUNT 5 ? (v DATE j FAY TO TH£ Vol ` V ? r-X1...1,-?`----?. a ?. iq d .«,?.o.----'-^^•°--"" "'- %`r? . ate. c {1 _ C ate c ( E i DOLLARS @ a commeme ?Amernx s Now C*r,~terrt atr * s igank T•888-YE5-0C04 MEMO 8:0 3 130 48461: S l 320906 I L-310 EXHIBIT D 11 ?eaigy Services Group, Inc 422 Bridge Street New Culuberfand, Pa 17070 717--774-3400 MOVE OUT PROCEDURE Dear Resident,. ""'any tia' res"dents vho give natice to vacate are cance.rned as to vrhat is expected froae thea when they vaca4e,. you are resbonsible to ?eulfill ALL t7,ie rris cf soar lr ase F `t'he i"trocsdure is very simple. At tha final 4.nspect_ion, I ? oo1c to see what I twee to elo to ba abza to rQrenz 4 the property to someone else. This includes determining if -there is any <,4?a.maga- done to the jaroperty which needs repaired as wer.f., as if vTe need to clean a ny to ing T recommend that you spotlessly clean all. ,surfaces, ilzcluding,r brat not limited to the -. re-'rigerat.or, range, range hood and fi? ter, the bathrooms, all ce-oiTf@try, and all floors. Car'pe'ts which are soiled will need.ta be professio ally- cl aned. , _dirty carpeting is not considered ,Ivea1: and tear" on the premises, liz short3 leap:e the presperty ;?itho <.3 ... clean. . <<t amaged items alzd very By lawf.:ctl)Oe ?vcc vacate t1he p=oPerty ana ha-e returned all keys te' ass, and provided ias with yoaar new a0dress in vriting,we, have 30 dseinwhich t0 refund your security. dePosi+? Or g'i-?ae an made. You Planation for the deductions we have at Matter of '=0UX'S%"r tt0 nob pr'ef-ina ISCt wo ld. not allow MGP'tb do this v ith the volume Of propert ymwe handle, so T nape this letter 'has been instrueti7e Very truly yours, K-LA,,&J, Don Klailber, CPM, ?3xo?res- EXHIBIT E R LE OF THE 2209 iii €i 16 PM 2: 0 7 ELIZABETH G. KUTZ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 09-1003 DONALD A. KLAIBER A/K/A DON KLAIBER AND JOLYNN M. KLAIBER, HIS WIFE, CIVIL ACTION- LAW PLAINTIFF'S ANSWER TO NEW MATTER 1. It is admitted that plaintiff entered into a Lease Agreement with Realty Services Group, Inc. For the premises located at 1143 Cross creek Drive, Mechanicsburg, Pennsylvania, on or about February 4, 2008; property previously owned by Plaintiff. 2. Realty Services Group, Inc. is in reality Defendant Don Klaiber, so in fact, Defendant, Don Klaiber, as Broker, represented himself and his wife, Defendant, JoLynn M. Klaiber. 3. Admitted. 4. Plaintiff denies that she was only interested in leasing the property for a couple of months. 5. It is admitted that Defendant, Don Klaiber gave a notice to Plaintiff to vacate the premises by July, 31, 2008. 6. It is denied that the Plaintiff refused to vacate the premises. It is averred that she needed more time to prepare for the move. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. It admitted that Plaintiff called Defendant Don Klaiber many times since she only had about two weeks to move out and most items to pack were upstairs in a hot August house with no air conditioning. It is further averred that Plaintiff has allergies that further exacerbated the situation. 12. Plaintiff alleges that she phoned his office and his cell phone and received no reply within twenty-four hours. 13. It is denied that Plaintiff is responsible for the bills for the service call and for the costs to repair the air conditioning. By way of further answer, the air conditioning was not repaired until August 21, 2008, giving Defendant, Don Klaiber plenty of time to have his own repairman fix the air conditioning. By way of further response, Defendants would be unjustly enriched by having Plaintiff be responsible for fixing Defendant's property. 14. It is denied that Plaintiff "damaged the property". 15. Admitted. 16. It is averred that the lease agreement did not require the carpets to be cleaned, but Defendant Don Klaiber informed Plaintiff that the carpets must be cleaned. 17. It is averred that, on August 26, 2008, just a few days before the deadline to vacate, Plaintiff received a letter indicating carpets are to be cleaned. The letter required the property to be "very clean". 18. Denied. Defendants have created a legal fiction. The owners of the property are Donald A. Klaiber and JoLynn M. Klaiber. Realty Services Group, Inc. is in realty, Don Klaiber. He is acting as broker for the property he and his wife own. 19. It is a legal conclusion to which no reply is required. The answer to Paragraph 18 is incorporated herein by reference. 20. Denied. It is averred that Plaintiff filed the instant complaint because the Defendants owed her money. 21. Denied. It is denied that Plaintiff's complaint was filed, not in good faith, but was done so in the belief that she is owed money by the Defendants. L WHEREFORE, The Plaintiff hereby requests your Honorable Court to dismiss the Answer to Complaint and New Matter and enter judgment in favor of the Plaintiff and against Defendants in the amount of Nine Hundred Sixty-Six and 94/100 Dollars, together with costs of filing and interest from September 26, 2008. Respectfully Submitted Janes L. Walsh Attorney for Plaintiff 2215 Forest Hills Drive Suite 37 Harrisburg, PA 17112-1099 Telephone 717-574-8638 Attorney I.D. No. 16676 • w ELIZABETH G. KUTZ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 09-1003 DONALD A. KLAIBER A/K/A DON KLAIBER AND JOLYNN M. KLAIBER, HIS WIFE, CIVIL ACTION - LAW VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa..C.S. §4904 to unsworn falsifications to authorities. Date: s-'/'5- ,, Elizabe G. Kutz ELIZABETH G. KUTZ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 09-1003 DONALD A. KLAIBER A/K/A : DON KLAIBER AND JOLYNN : M. KLAIBER, HIS WIFE, CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this ??? day of May, 2009, the undersigned does hereby certify that he did this date serve a copy of the Complaint upon the party of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Donald A. and JoLynn M. Klaiber 422 Bridge Street New Cumberland, PA 17070 /James If Walsh Attorney for Plaintiff 2215 Forest Hills Drive Suite 37 Harrisburg, PA 17112-1099 Telephone 717-574-8638 Attorney I.D. No. 16676 OF 7Nc polo i nr,4l}T tY , 11 2009 MAY -5 PH 1: 2 6 CUMBI" PENN4SY'LVA,NA