HomeMy WebLinkAbout09-1498w
COMMONWEALTH OF PENN5YLVANIA
F COURT OF COMMON PLEAS
Judicial District, County Of Cumberland
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. C- NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
NAME OF APPELLANT MAD. DIST. NO. NAME OF D.J.
Michael Lee 09-3-02 Vivian Cohick
ADDRESS OF APPELLANT CITY STATE ZIP CODE
9o4 m Marysville PA 17053
DATE OF JUDG ENT IN THE CASE OF (Praintiln (Wendanf)
2-12-09 Charles W. Shughart Micha Lee
DOCKET No. SI R APPELLANT FA EY OR AGENT
LT-5-09 -r ?0? trl
This block will be signed ONLY when this notation is required under Pa. If appellant was 1 mant (see Pa. R.C.P.D.J. No. 1001 in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after riling the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
Name of eppeNee(s)
(Common Pleas No. o g- /4/yj in twenty (20) days
to 61%4 complaint in this appeal
of judgment of non pros.
A - Aff vl4t ? PfA
we of appellant or attorney or agent
RULE: To Ch a •- 1 W 4hughart , appellee(s)
_,,,, ?s
Name of appellees)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 20(f9
?
cJ ??? ? Signature of Padhonotary or Deputy
-- ?
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY
NOTICE OF APPEAL
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
ss
........... .
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas No.
upon the District Justice designated therein on
(date of service) 20 ? by personal service
_. ' ? by (certified) (registered) mail;.
sender's receipt attached hereto, and upon the appellee, (name)
on
20 ® by personal service
by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20
signature or 0HIC181 before whom eA9daldt was made
Title of oflicrat
My commission expires on 20
r
j? 6,
S gnature of afliant
il -q
4
AOPC 312A - 02
COMMONWEALTH OF PENNSYLVANIA
"w?(,OUNTY OF: CO=E1itLA1W
Mag. Dist. No.:
MDJ Name: Hon.
09-3-02
VIVIAN CONIC=
Address: 55 PENN Dot
NENVILLE, PA
Telephone: (717 ) 776-3187
17241
ATTORNEY DEP PRIVATE it
NOTICE OF JUDGMENTITRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
rSNmazT, CzARLzS N
10 MIDGE DRIVE
CART XBLZ, PA 17015
L -?
VS.
DEFENDANT: NAME and ADDRESS
rLEE, KXCR&M
504 ZrRTLZ AVENDE
MARYSVILLE, PA 17053
L J
PAIUL B. ORR
50 E NI(iN ST Docket No.: LT-0000005-09
CARLISLE, PA 17013 Date Filed: 1/26/09
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLiiltll
Z? Judgment was entered for: (Name) BNIIf gM, N
Judgment was entered against LEE, MICIIAM in a
Z? Landlordfrenant action in the amount of $ 3,960.10 on 2/12/09 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ .00.
The total amount of the Security Deposit is $ .00
Total Amount Established by MDJ Less Security Deposit Appli f?_ Adjudicated Amour
Rent in Arrears $ • 00 - $ • " $ .00
Physical Damages Leasehold Property $ o00- $ .00= $ .00
Damages/Unjust Detention $ 11,7911-11.1111 -1 -Do= $ 793 _ 10
Less Amt Due Defendant from Cross Complaint - $ -00
Interest (if provided by lease) $ -00
L/T Judgment Amount $ 3 793.10
? Attachment Prohibited/ Judgment Costs $ 167.00
42 Pa.C.S. § 8127 Attorney Fees $_ -00
? This case dismissed without prejudice. Total Judgment $ 3,960.10
? Possession granted. Post Judgment Credits $
Post Judgment Costs $
I CertMed Judgment Total $
Possession granted if money judgment is not satistiieaby time of eviction.
Possession not granted. ? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYtLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARYICLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME ANDI'OR
SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE,THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE 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.
a 0 Date , Ma isterial District Judge
i a is is a true an correct copy o e co o e proceedings containing the judgment.
Date , Magisterial District Judge
& mission expires first Monday of January, 2012. SEAL
AO C 315A-O8
a -A
Zy
t?T! (T-1 2 .. ?
ieJ t
r-
-Om
v
L ?
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ss
?UMbjj _ .....
AFFIDAVIT: I hereby wear (affirm) that I served
a copy of the Notice of Appeal, Common Pleas No. 0Q -MIS , upon the District Justice designated therein on
(date of service) 0)09,j-, ' 20 C ? by perso
sender's receipt attached hereto, and upon the appellee, (name)
!_ `. lAr`1._,.t..l_....._I 20 QOL__.......__ ? by personal ser
sender's receipt attached hereto.
(SWORN A{ IRMED) AND -SUBSCRIBED BEFORE ME
t DAY OF r ,J.l 1 20 --Q
_
-r %I / c On p
Sign ture of official a whom affidavit was made
Antra ICJ pct.L?ll
Titre of official I
My commission expires on 20
r?owauu sit
P;?NN t SMRNEp
CA" 1912 BMX G t CUMIXA .AND COLWW
' Cnrt?nMUOn I NP11 s Jun 27, 2010
nal service 0 by certified (registered) mail,
Lo '3 , on
AOPC 312A - 02
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of "timberland
K !
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.«• i14 i t?f l?
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
_1?tno (Charles W. ShuRhart
LT-5-09
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10086.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
Vivian Caohic`r
,s Micha,yJ Lee
was l nt (see a. R.C. D.J. Na. I 00i? in action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
Signature of AVftnotery or Deputy
P CIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.CP.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appiel'to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
Nan* of appellee(s)
1
(Common Pleas No. y I / X in twenty (20)
to 6 complaint in this appeal
tr>? of judgment of non pros.
Signature of appellant or attomey or agent
RULE: To C h a r m s W. S h u a h a r t appellee(s)
Name of aAoo#Ws)
(1) You are notified that a rule is hereby entered upon you to file a complaint in th'„ 'wifiF?in twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail. `ir,,.. Y4ti+
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS M4Y BE v?
(3) The date of service of this rule if service was by mail is the date of the mailing...
,,,
Date: 200
e
n yt
3r
41
YOU MUST INCLUDE A COPY OF THE NOTE OF J NT1TRANSCtR 1 4WITWTH APPEAL.
AOPC 312-02
1 .
¦ Complete items 1, 2, and.3. Also complete
Item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the hack of the mailpiece,
or on the frorrt if space permits.
1. Article Addressed to:
ur- ? -k ?
Q. M)ft)
w e , 3. Sere ios, Type
AD Certified M d ? Expr,ess Mau
? Reg, - o Rif Return Receipt for mwd w,ag
? Insured Mail ? C.O.D.
4. Reebfoted Delivery? Aft Fee) ? Yes
2. Article Nunber
(fl bdmsomwANN* 7007-0220 0002 2526 3420
PS Form 3811, Felbruwy 2004 Dornaft 11sMsTr f?oMpt
1025e5-02-nn-1540
C3 Agent
B. Received by (PAnied Name)
D. Is delivery address different from Item 11 o Yes
If YES, enter delivery address below: ? No
3. Service Type
JS Certilised Mall ? Eweee Mall
? Registered Of Return Receipt for Merahw dwn
? Insured Mau ? C.O.D.
4. Restricted Delivery? Fx6a Fee) ? lies
2. Article Number 7003
(7fielsffit?lll?relrsrbr rare 3110 0004 5773 6746
PS Fan" 3611, Fobruny 2004 Da+r..we R.Man FISg* toaeeso r.taw
M
W. Compk to items 1, 2,
WW& Also complete uitft.
A :,
Nam
4 N Restricted Delivery Is desired.
¦ Print
Your name and address on the reverse C]
Aunt 1
so last we can return the card to you. ?
1
P
• Attach this card to the back of the malipiece, B.Rp
( C. Dade of Delivery
or on the front If space permits.
1, Is Addressed to: _ D. b dMferent from ?
If YES, enter delivery address below; ? No
f7. 'c?}a?c,? J?1;ce Calv?rl?,
'
S5 ?1.QZ?n 17RiUe-
ay 1
CHARLES W. SHUGHART, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION -LAW
MICHAEL LEE, NO. J l `
Defendant IN ASSUMPSIT
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST
THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE
ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE
ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY
AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOU DEFENSES
OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE
WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT
YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT
WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT
OR FOR ANY OTHER 'CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU
MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford St.
Carlisle, Pennsylvania 17013
1-800-990-9108 OR
717-249-3166
CHARLES W. SHUGHART,
Plaintiff
VS.
MICHAEL LEE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. IN ASSUMPSIT
COMPLAINT
AND NOW COMES THE PETITIONER, Charles W. Shughart, by and through
his attorney, Anthony L. DeLuca, Esquire, who represents and avers as follows:
1.
Plaintiff is Charles W. Shughart, an adult individual, who resides at 10 Ridge
Drive, Carlisle, Cumberland County, Pennsylvania.
2.
Defendant is Michael Lee, an adult individual, who resides at 504 Myrtle Avenue,
Marysville, Perry County, Pennsylvania.
3.
The Plaintiff is the owner of certain real estate which includes a house and other
improvements thereon and which is situated at 42 Carlisle Road, Newville, Cumberland
County, Pennsylvania.
4.
On or about August 8, 2004, the Plaintiff and Defendant executed a lease for the
leased premises consisting of a house and improvements thereon situated at 42 Carlisle
Road, Newville, Cumberland County, Pennsylvania for the term of two (2) years,
commencing on September 1, 2004, with rent at $825.00 per month. A copy of said
Lease is attached hereto, marked as Exhibit "A", and incorporated herein by reference.
On or about August 8, 2004, the parties also executed an Addendum to the Lease
at 42 Carlisle Road, Newville, Pennsylvania. A copy of said Addendum to Lease is
attached hereto, marked as Exhibit "B", and incorporated herein by reference.
6.
Said Lease and Addendum to Lease contained certain terms, conditions and
covenants that required compliance by the Defendant during the term of said Lease and
Addendum to Lease and for which he agreed to comply.
7.
On or about November 11, 2007, Plaintiff inspected the leased premises and, on
November 16, 2007, he notified the Defendant, in writing, of numerous concerns that
needed to be addressed by the Defendant. A copy of the November 16, 2007 letter is
attached hereto, marked as Exhibit "C", and incorporated herein by reference.
8.
On December 26, 2007, Plaintiff notified Defendant by letter that in a final
attempt to resolve their differences and to allow Defendant to remain in possession of the
leased premises until his daughter graduated from high school he would provide
Defendant with three (3) options. A copy of the December 26, 2007 letter is attached
hereto, marked as Exhibit "D", and incorporated herein by reference.
9.
On or about January 1, 2008, the parties executed an Extension of the Original
Lease and Addendum dated August 8, 2004 which contained additional terms, conditions
and covenants that required compliance by the Defendant during the extension period and
for which he agreed to comply. A copy of said Extension of original Lease and
Addendum is attached hereto, marked as Exhibit "E", and incorporated herein by
reference.
10.
On or about June 16, 2008, Plaintiff notified Defendant by letter that he was being
evicted from the premises, effective June 30, 2008, for the reasons set forth in the letter.
A copy of said eviction letter is attached hereto, marked as Exhibit "F", and incorporated
herein by reference.
11.
An inspection conducted by Plaintiff after Defendant vacated the leased premises
on June 30, 2008 revealed substantial damages to the premises and, on July 5, 2008,
Plaintiff notified Defendant by certified mail that there were damages to the leased
premises which totaled the sum of $6,865.00. A copy of said July 5, 2008 letter is
attached hereto, marked as Exhibit "G", and incorporated herein by reference.
12.
On or about July 27, 2008, Plaintiff notified Defendant by letter specifically
listing the damages and bills owed.. A copy of said July 27, 2008 letter is attached
hereto, marked as Exhibit "H", and incorporated herein by reference.
13.
Plaintiff avers that the Defendant breached the terms, conditions and covenants of
the original lease, addendum to lease and extension of original lease and addendum
which required compliance by the Defendant and which he failed to do, all of which
resulted in Plaintiff suffering substantial damages to his property.
14.
The Plaintiff avers that the total amount due and owing for damages resulting
from the breach of the terms of the original lease, addendum to lease, and extension to
original lease which includes labor and travel time is $6,658.84. A copy of the break
down of damages, labor and travel time is attached hereto, marked as Exhibit -r', and
incorporated herein by reference.
15.
Defendant had paid Plaintiffa security deposit of $1,500.00 and Plaintiff has
applied the security deposit of $1,500.00 as a credit against the amount due and owing
him of $6,658.84.
16.
As a result of the $1,500.00 credit, Plaintiff avers that the amount due and owing
is $5,158.84 plus costs and interest.
17.
Although demand has been made for payment, Defendant has failed and willfully
refuses to pay Plaintiff the $5,158.84 owed.
WHEREFORE, Plaintiff respectfully requests that Judgment be entered in favor
of the Plaintiff and against the Defendant in the amount of $5,158.84 together with costs
and interest.
DATED: 16 609, Respectfully submitted,
r
ony L. uca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(717) 258-6844
ID #18067
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Complaint
are true and correct to the best of my knowledge, information, and belief. I understand
that any false statements contained herein are subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
Dated: 3 " O - O Cl' v? a•?. w ?jti.cs c?G't ?.,c
r
Charles W. Shughart
is agra meet witnesseth, that Charles W. Shughart(hereinafter calledthelessor)doth
h6teby let unto Michael R. Lee (hereinafter called the lessee), all that.certain 42 Cl N?wv 1 .
P for the term of two years from the first day, dSeptember, W -yielding yielding and paying therefor unto the
lessor the annual rent of 900.00 payable in twelve payments of ` on the first day of each month
in advance, by mail, in person or at such other place as said lessor may from time to time direct.
AND it is hereby covenanted between the lessor and lessee, for themselves, their respective heirs or successors and assigns
as follows:
1st The lessee will pay the rents hereby reserved according to.the terms - of this lease, and will also pay, if said premises are
equipped with water meter, all charges for water/sewer usage, proportioned quarterly.
2nd The lessee shall not o=ipythe demised: premises otherwise than as residence nor shall the lessee assign this leasenor
underlet the premises or any part thereof. Any transfer by process of law shall be deemed an assignment by the lessee and the lessee
shall not do or knowingly suffer to be done any act; matter or thing, whereby any policy of insurance on the demised premises shall,
according.to the conditions thereof become avoided or suspended. No sign or signs shall be painted or attached upon any part of the
demised premises other than on glass in windows or doors.
3rd The lessee shall keep the demised premises in good condition during the continuance of this lease, remove all rubbish and
refuse matter therefrom, replace or repair any electric fixtures or wiring that may be damaged or broken, and at the tertnination ofthis
lease deliver up the said premises to the lessor in as good order and repair as the same now are, reasonable wear and tear and damage
by accidental fire excepted. Any improvements or additions made by the lessee shall not be detached from the property, but, shall
remain for the benefit of the lessor.
4th Lessee agrees that all goods and property on the demises} premises unless specifically prohibited by law, shall be liable to
distress for rent, unpaid water rent, repairs to or replacing electric fixtures and wiring, and for all costs and allowable commissions.
Lessee waives the benefit of all laws made or to be made exempting .any, property, rights or demands, on the demised premises or
elsewhere from levy, attachment, or sale on distress or execution, and such waiver is to extend to distress and sak after removal and
also to executions issued on any judgement forpossessiwor damages recovere&uponlhis leaser vr? sir confessed under the
terms hereof. Lessee waives all right to stay of execution on any such judgement. All goods and chattels removed from the premises
shall be liable to distress and sale for 90 days after their removal (unless expressly prohibited by law) in the same manner and subject
to the same conditions, provisions, agreements and waivers as if they were on the premises.
5th Either party may determine this lease at the expiration of the term hereby created by giving to the other 45 days written
notice of intention so to do, but in default of such notice, this lease, with all the conditions and covenants tbereo> shall continue for the
additional term of one month and so on from month to month until terminated by either party giving to the other 45 days' written
notice of intention to terminate said lease at the expiration ofthe then current term. Provided, however, that ifthe lessor shall have
given 45 days' written notice prior to the end of any term of intention to change the conditions ofthis lease, and the lessee shall hold
over after such notice, he shall be considered lessee under the terms and conditions mentioned in such notice, for such hither period as
he may occupy the demised premises, and until this lease is terminated by notice or otherwise, as herein provided. Leaving notice
upon the premises shall be a sufficient service.
6th The lessor reserves the right at all times to visit and inspect the demised premises, personally of by agent and to cause any
repairs to be made which he may deem proper; also the right at any time to put up a "For Sale" sign in such place on the premises as
he may elect and "For Rent" sign immediately, in case notice to quit is given. Prospective purchasers on tenants authorized by Lessor
may inspect the premises at reasonable hours at any time.
7th Lessee waives in favor of Lessor all Lessee's rights under all, applicable laws to notice of exemption of goods, to
appraisement, and to condemnation as well as the right of appeal from, or writ of error or certiorari to any judgement, order, or decree
that may be entered against Lessee by any court or magistrate for rent, damages, possession, or otherwise; and does further expressly
waive the benefit of any and all stay of execution or exemption laws of everyjurisdiction.
8th If the rent and/or any charges reserved under this lease as rent shall remain unpaid on any day when the same is required to
be paid, without otherwise limiting Lessor's remedies to collect by every available legal action all rent hereunder, accelerated, Lessor,
in Pennsylvan*-may cause a complaint to be filed under Pennsylvania Rules of Civil Procedure No 2950 et. seq. for the recovery
from Lessee of all rent hereunder (including all acceleration of rent permissible under the provisions of this lease) and /or for all
charges reserved hereunder as rent, as well as for interest and costs; and Lessee hereby authorizes and empowers Lessor's attorney to
EXHIBIT "A"
file with the said Complaint a confession of judgement against Lessee and to, sign the said confession as attorney for Lessee. Such
judgement shall be confessed against Lessee for the amount of rent in arrears (including all accelerations ofrent-permissible under the
provisions of this lease) and/or for all charges reserved hereunder as rent, as well as for interest and costs; all 'together with an
attorney's commission of 5019 of the full amount-of Lessor's claim against Lessee. Neither the right to file such Complaint nor the
authority to confess judgement granted herein shall be exhausted by one or more exercises thereon but successive complaints may be
filed and successive judgements may be entered for the aforedescribed sums when or after they become due. In every jurisdiction
Lessor shall be entitled to reasonable attorney's fees in addition to all other amounts due.
9th When this lease shall be terminated (either because of condition broken during the original term of this lease or arty renewal
or extension thereof and/or when and as soon as the term hereby created or any extension thereof shall have expired), without
otherwise limiting Lessor's right to obtain possession by every available legal means, Lessor,, in Pennsylvania, may cause an action in
ejectment to be filed against Lessee pursuant to Pennsylvania Rules of Civil PProcWure No. 2970 et, seq and to cause the entry of a
judgement by confession against Lessee, in such action of ejectment, for possession ofee premises demised hereunder. Further, in
such, action, Lessee hereby authorizes and empowers Lessoes attorney to sign the confession ofjudgement in ejectment as attmnW for
the Lessee; and a writ of possession may issue forthwith. 1f for any reason whatsoever after said-action shall have commended the said
action shall be terminated and the possession of the premises demised hereunder: shall. remain in or be restored to Lessee, Lessor shall
have the right upon any. subsequent default or defaults, or upon the termination-ofthi& lease as above set forth, to file complaints-to
commence successive actions in ejectment-andto enter successive judgerents-in qje?wfbrpessessionofthe premises demised
hereunder.
10th In the event a Complaint shall be filed pursuant to either Paragraph 8th or 9th of this lease, the original or photostatic copy or
like reproduction of this lease showing Lessee's signature shall be attached to the said Complaint. If the original is not attached,
Lessor shall aver that the copy attached is a true and correct reproduction of the original. if neither the original lease not a
reproduction can be attached, Lessor shall explain in the Complaint why neither of the same is available.
11th This lease shall be governed by the laws of the State of Pennsylvania If any provisions ofthis lease shall be declared invalid
by judicial determination or legislative action, only such provision so declare6tivalid shallbe affected, and all other provisions not
inconsistent therewith or directly dependent thereon shall remain in full force and effect.
12th A security deposit of $1,209M is withheld and is refundable upon the fulfillment of this lease agreement.
13th See addendum.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals. Dated the - day of August, 2004.
Mic I R. Lee (Lessee) Charles W. Shughart (Lessor)
(Lessee)
LEAD WARNING: This housing was built before 1978 and may
contain lead-based paint. Lead from paint, paint chips and dust
can pose health hazards if not taken care of properly. Lead
exposure is especially harmful to young children and pregnant
women. Before renting pre 1978 housing, landlords must disclose
the presence of known lead-based paint and lead-based paint
hazards in the dwelling. Tenant must also receive federally
approved pamphlet on lead poisoning prevention.
- LANDLORD DOES NOT KNOW OF ANY LEAD BASED PAINT OR LEAD
BASED PAINT HAZARDS (DANGERS) ON THE PROPERTY.
- LANDLORD HAS NO REPORTS OR RECORDS ABOUT LEAD BASED PAINT
OR LEAD BASED PAINT HAZARDS AT THE PROPERTY.
I,^
C) > t \ i.,. I
Signed this i k day of August, 2004
TENANT ACKNOWLEDGES THAT TENANT HAS RECEIVED THE PAMPHLET
"PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME".
TENANT READ THE INFORMATION IN THE "LEAD WARNING" PARAGRAPH
AT THE TOP OF THIS PAGE.
Signed this day of August, 2004
See attached EPA Pamphlet
ADDENDUM TO LEASE
42 Carlisle Road, Newille, Fa
It is understood and agreed that:
The lessee will not paint any walls or woodwork' without the written permission of the
lessor.
Except for picture hangers, the lessee will not place any nails in the walls without
permission. Nails may never be placed in the woodwork trim
Lessee will not place any plants, vases, etc on the window sills or heat registers.
Lessee will not have any unlicenced vehicles on the premises for more than 60 days, unless
kept in the garage.
Motor homes, travel trailers and/or campers may not be parked on the premises for more
than 20 days during any calendar year.
Upon termination of the lease, the lessee will be "responsible to wash all walls, ceilings, floors,
woodwork, windows, shower, bathroom fixtures, refrigerator, stove top, shelves, closets and
furnishings.. In the event the lessee fails to sufficient-clean the apartment, a cleaning charge
of no more than $500.00 will be paid:to the -lesssor and withheld from the security deposit.
AD windows and screens were in place and not torn or cracked when the lessee moved in.
They will be in the same condition when the house is vacated
All carpets will be professionally steam cleaned when the lessee moves'out at the cost of
the lessee. If lessee is permitted to have a dog(s), carpets will be professionally steam
upon written notice by the lessor, but not more often than annually.
SMOKING IS NOT PERMITTED inside the house. In the event, it is determined
(by smoke, smell, hafts or other obvious signs)-that the Iesse_or _ y guest has failed
to adhere to the no smoking policy the rent shall increase by $25.00 per month for
the remainder of the lease agreement and the security deposit may be forfeited.
The house may be inspected by the lessor from time to time with reasonable notice.
- At least one smoke alarms will be located on each floor of the house. Smoke alarm
batteries must be replaced annually.
Rent is due on the 1 st day of the month.
day retroactive to the 1st day of the month for each day the rent is unpaid.
EXHIBIT "B"
Unless otherwise agreed in writing, the total number ofpersons who will reside at the
property shall not exceed two adults and two children
The lessee is responsible to pay for the water/sewer bills and all other utilities.,
The fuel oil tank was confirmed f dl.on the effective date of this lease. Upon termination
of this lease, the tank will be filled and verified full by the fuel oil company.
The lessee is responsible to maintain the. water softener, remove snow from the driveway,
mow the grass and otherwise maintain the yard., Paper and trash that accumulates in the
yard should be picked up as needed. Trees and shrubs will be cut by the lessor. If the
lessee fails to mow the lawn a fee of $65.00 shall be charged by the lessor to perform the
work.
The specified security deposit is withheld to ensure that the terms of the lease are fulfilled.
The security deposit may not be used as the last month's rent.
It is agreed that the lessee may have one dog as a pet-while residing at the premises. The
dog shall not be left unattended for extended periods of time. When the dog is unattended
inside the house, it shall be restricted to the kitchen by closing the door to the living room
or by using a gate. Dog waste shall be removed from the yard weekly. It is agreed that
the lessee will maintain a personal liability policy inthe amount of no less than
$500,000.00 and the lessor (Charles Shughsrt, 25 Chestnut.Drive Carlisle, PA 17013)
shall be name as certificate holder on said policy.
Signed this day of August, 2004.
chael R. Lee Charles Shughart
Charles Shughart
10 Ridge Drive
Carlisle, Pa 17013
November 16, 2007
Mike Lee
42 Carlisle Road
Newville, Pa 17241
Ref Property at 42 Carlisle Road, Newville, Pa
On Sunday, November 11, 2007 I did a walk-through inspection of the above referenced
property. There were numerous concerns that must be addressed. Below is a list.
1. Vehicles were apparently frequently driving through the grass to the left side of the
driveway. This is causing damage to the lawn. This practice must' be discontinued.
2. Two dogs were being kept on the property, inside the house and beyond the kitchen
area. The lease specifically allows for only one dog. The additional dog must be
removed from the property immediately. Also, as per the lease agreement, please
provide me with documentation of the $500,000.00 liability policy that names me as
the certificate of holder.
3. The lease specifically states that smoking inside the house is not permitted. Upon
entering the room adjacent to the living room, I noticed that it was 'smoke filled and a
pack of cigarettes were on the right side of headboard to the bed. Smoking inside the
house must end immediately. As per the lease agreement, the monthly rent shall
immediately be increased by $25.00 and you are responsible. to wash all ceilings and
walls upon termination of the lease. In that same smoke-filled room were a young
child and a baby. I did not notice if the room (apparently being used as a bedroom
and nursery) had a working smoke alarm. If it does not have a smoke alarm, you
should install one immediately. If there is a problem obtaining of installing a smoke
alarm in that room, please contact me and I will have a smoke alarm installed. Also
please ensure that the other smoke alarms inside the house are working and a
minimum of one alarm exists on each floor of the house. Advise me if there is a
problem.
4. The carpet throughout the house was recently shampooed. Because of the presence of
furniture, boxes and other items, it was impossible for me to inspect all carpeted
areas, but some carpet damage was evident.
In at least two areas, significant damage was done to the wood baseboard and/or door
casings.. It appears that a dog chewed and/or clawed on the wood. Those areas and
any other damaged areas will need to be repaired. This will require an experienced
finish carpenter. The type of wood and the design of the trim will need to be
EXHIBIT "C"
matched. These types of materials cannot be purchased off the shelf at Home Depot.
They will need to be custom milled at a millwork company and finished to match the
existing woodwork to the extent that is possible. You are welcome to offer me the
name of a professional finish carpenter; otherwise, I will contact someone to do the
work. You will be responsible for the repair costs. It will not be cheap. I expect the
cost to be between $300.00 and $500.00.
6. The window screen in the upstairs (South) bedroom was damaged. It should be
removed and taken to Carlisle Glass for repair. The shop is located on 230 E.
Pomfret Street, Carlisle. Other screens should be inspected and repaired if necessary.
7. Two cats are being kept inside the house. I've been aware of this for several years.
The cats can stay, but you will be responsible for eliminating any cat smells and
replacing carpet if urine is detected.
8. There are currently six and possibly sometimes seven people living in the house.
This includes yourself, your wife, your youngest daughter, your oldest daughter, a
male companion to your oldest daughter, an infant child of your oldest daughter and
possibly a young male who is the son of the companion to your oldest daughter. The
lease specifically states that a maximum of two adults and two children may reside at
the property. It was never intended that two families would live at the house. I'm not
unsympathetic to the situation that is before you; however, the fact is that these young
people made a decision to act like adults. Along with that decision comes adult
responsibilities. It not only costs you to have additional persons living at the house, it
also costs me in terms of wear, tear and maintenance to the property. By no later than
January 1, 2008, you must comply with the terms of the lease agreement.
You've been a good tenant for the past several years. I would like to see our relationship
continue, however, I am not interested in continuing it under the present circumstances. Let me
assure you that if I resided in the house you rent from me, I would absolutely not allow any of
the above house-related situations to occur. When my new puppy nibbled on a wood blind, he
found himself incarcerated in a dog crate for several months during unattended hours. When
smokers visit my house, they are permitted to smoke on the porch, providing they properly
dispose of their butts.
Please accept this as notice of my desire to terminate the lease agreement effective 45 days from
this date. Having officially stated such, I will also state that if we can come to terms on a new
lease agreement, I would consider doing so. A new lease agreement would contain most of the
terms of the existing agreement and further address my concerns stated herein.
Sincerely,
Charles Shughart
Charles W Shughart
10 Ridge Drive
Carlisle, PA 17015
717-243-9007
December 26, 2007
Mike Lee
42 Carlisle Road
Newville, Pa 17241
Ref: 42 Carlisle Road, Newville
As you know, in my letter dated November 16, 2007, I advised you of my intent to terminate the
lease agreement for the above referenced property. The 45 days notice as required per the
agreement expires on January 1, 2008. Efforts to resolve the issues between us have not been
successful. You have advised me that you will not be vacating the property as 'required. In a
final attempt to resolve the-differences between us and allow you to reside at the property until
your daughter graduates high school in June, I am providing the three options listed below:
You shall comply with all the terms of the current lease. The current lease
agreement shall be extended until June 2008. The only increase to the rent shall
be the increase that resulted from disregarding the no smoking provision of the
lease addendum. A non-compliance provision shall be added to the agreement.
You shall comply with all the terms of the current lease, except that it shall be
amended to allow for "three adults and two children who are under the age of 19
years." Specifically, this would include yourself, your spouse, your oldest
daughter, your youngest daughter and your grandchild. The current lease
agreement shall be extended until June 2008. The rent shall be increased by
$125.00 per month, including the increase that resulted from disregarding the no
smoking provision of the lease agreement. The security deposit shall be increased
to $1500.00. A non-compliance provision shall be added to the agreement.
You shall comply with all the terms of the current lease, except that it shall be
amended to read as follows: "Whereas the lessee desires to have additional
persons reside at the property beyond those permitted under the terms of the
original lease agreement, the relevant paragraph of the original lease agreement
is hereby amended to read: The lessee shall pay an additional pro-rated amount
of monthly rent and security deposit for the number of persons who reside at the
property in excess of the original lease agreement terms. " The current lease
agreement, as amended shall be extended until June 2008. The rent shall also be
increased by $25.00 per month, which represents the increase that resulted from
disregarding the no smoking provision of the lease addendum.' A non-compliance
provision shall be added to the agreement.
Please'note that for the purposes of this letter, the definition of "reside at" means any person who
sleeps at the property, maintains personal belongings at the property and/or is physically present
at the property more than four hours per day.
EXHIBIT "D"
Also, on December 22nd, I noticed that several nails had been placed in the aluminum trim on the
front porch. Please advise whoever is responsible that they should not compound the problem by
attempting to remove those nails. The bundle of 10 foot long furring strips that was taken from
the shed and used as stakes in the front yard should be replaced.
In the absence of a written agreement prior to January 1, 2008, I shall proceed with the eviction
process. A LandloMrd and Tenant Complaint shall be filed with District Court 09-3-02 shortly
thereafter.
Please contact me at 243-9007 if you desire to discuss this matter any further.
Sincerely.
Charles Shughart
EXTENSION OF ORIGINAL LEASE AND ADDENDUM DATED
AUGUST 8, 2004 BETWEEN CHARLES SHUGHART AND
MICHAEL LEE FOR 42 CARLISLE ROAD, NEWVILLE, PA
The parties agree to the below listed changes to the original lease
agreement and addendum:
1. The unnumbered paragraph at the top of the back page of the
original addendum that currently reads: "Unless otherwise
agreed in writing ..." shall be amended to read: "Unless
otherwise agreed in writing, the total number of persons who
shall be permitted to reside at the property shall not exceed
three adults and two children. Specifically, this will include
the lessee, spouse, oldest daughter, youngest daughter and
grandchild.
2. The rent shall be increased $125.00 per month for a total of
$995.00 per month. This shall include the rent increase that
resulted from disregarding the no-smoking provision of the
lease. Smoking in the house continues to be prohibited.
3. The security deposit shall be increased by $300.001 to a total
of $1500.00.
4. The term of the lease shall be extended until June 30, 2008.
Thereafter, the lease shall NOT continue from month to month,
unless the parties sign a written agreement to continue the
lease.
5. In the event that the lessee fails to comply with the terms of
paragraph 1 above at any time during the term of this
agreement, the lessee shall pay an additional $206.00 rent per
month, but it shall not be cause to terminate the lease.
6. All other terms and conditions of the original lease agreement
and addendum shall remain in full effect for the duration of
this lease extension.
Charles Shughart Date ichael Lee Date
EXHIBIT "E"
LEAD WARNING: This housing was built before 1978 and may contain
lead-based paint. Lead from paint, paint chips and dust can pose
health hazards if not taken care of properly. Lead exposure Is
especially harmful to young children and pregnant women. Before
renting pre 1978 housing, landlords must disclose the presence of
known lead-based paint and lead-based paint hazards In the dwelling.
Tenant must also receive federally approved pamphlet' on lead
poisoning prevention.
OA- _7 LANDLORD DOES NOT KNOW OF ANY LEAD BASED PAINT OR
LEAD BASED PAINT HAZARDS (DANGERS) ON THE PROPERTY.
-kkj`> LANDLORD HAS NO REPORTS OR RECORDS ABOUT LEAD
BASED PAINT OR LEAD BASED PAINT HAZARDS AT THE PROPERTY.
r-
Signature Date
TENANT ACKNOWLEDGES THAT TENANT HAS RECEIVED THE
PAMPHLET "PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME".
TENANT READ THE INFORMATION IN THE "LEAD WARNING"
GRAPH AT THE TOP OF THIS PAGE.
ry )-
?. f ? r`r o
See attached EPA Pamphlet
CHARLES W. SHUGHART
10 Ridge Drive
Carlisle, Pa 17015 (717) 243-9007
June 16, 2008
Mike Lee
42 Carlisle Road
Newville, PA 17241
Ref: Rental Property - 42 Carlisle Road, Newville, PA
Dear Mike:
Please be advised, you are being evicted from the above referenced property effective June 30,
2008 for the following reasons:
- Failure to pay rent
- Expiration -of lease extension
- Willful destruction and damage to property
- Failure to comply with terms of the lease
As of this date, you have failed to pay the rent for June 2008. The normal rent is $1,195.00.
Late fees are $5.00 per day. I estimate damages to be about $6,000.00.
The six-month lease extension that was signed on January 1, 2008 does not continue from month
to month?after June 30`h. This is very specifically stated in the extension.
You or others residing at the property have caused significant willful damage to the property.
This includes, but is not limited to the exterior aluminum trim, retaining wall, yard and grass,
kitchen sink cabinet, kitchen ceiling, kitchen floor, living room wall, upstairs wood trim,
unauthorized painting in bedrooms, damage to window / door screens, carpet damage.
Additional damage may be revealed when the contents of the house are removed.
Contrary to the terms of the original lease, you continue to have a second dog on the property
and in the house. Individuals have been smoking in the house, even though the lease prohibits
such.
Additionally, there are costs for fuel oil that may be due when the tank is toppled-off and a
quarterly water/sewer bill will soon be due for April, May and June.
I am immediately filing a Landlord and Tenant Complaint with the District Justice (09-3-02). If
you would like to attempt to resolve this matter in advance of a Court hearing, please do not
hesitate to contact me.
Sincerely,
Charles Shughart
EXHIBIT "F"
Charles W shughart
10 Ridge Drive
Carlisle, PA 17015
717-243-9007
July 5, 2008
Mike Lee
42 Carlisle Road
Newville, Pa 17241
Ref: 42 Carlisle Road, Newville
Dear Mike:
Since you did not leave the keys to the house, I had a locksmith make new keys and re-key the locks at 42
Carlisle Road. You will need to contact me for access to the house. Please contact me immediately to
remove the trash, other contents and complete the cleaning.
Below is a list of damages to the above referenced property and estimated repair/replacement costs:
Damaged / missing screens $300.00
Aluminum and siding repair due to nail holes $800.00
Wall/ Ceiling damage throughout house $200.00
Painting (prohibited by lease) $300.00
Replacement of retaining wall caps $200.00
Carpet replacement $2,500.00
Replacement of woodwork and trim $500.40
Kitchen cabinet repair $300.00
Cleaning throughout house (due to disregard of no smoking
stipulation and failure to comply with lease) $600.00
Lawn repair and seeding (Due to vehicle travel) $500.00
Trash removal $300.00
Removal of lights from spouting $100.00
Mailbox replacement $100.00
Replacement of front porch light $50.00
Bundle of 10' lumber $15.00
Replacement of kitchen faucet $100.00
I received the enclosed water bill for service from 4/1/08 to 6/30/08. The amount is $311.61. It appears
that the fuel oil tank is full, but that will need to be confirmed by the supplier
Sincerely,
Charles Shughart
EXHIBIT "G"
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Charles W Shughrt
10 Ridge Drive
Carlisle, PA 17015
717-243-9007
3uly 27, 2008
Michael Lee
504 Myrtle Ave
Marysville, Pa 17053
Ref: 42 Carlisle Road, Newville, PA
Dear Mr. Lee:
This letter advises you of the status of the security deposit and the amount due for
unpaid utilities, damages, repairs and cleaning costs for the above' referenced
property.
First, you failed to comply with the terms of paragraph 3 of the lease agreement.
Second, with respect to two specific provisions of the lease agreement, you
blatantly, knowingly and willfully disregarded the terms of those provisions. In
either case, justification exists to withhold the entire security deposit. Specifically,
you smoked and permitted smoking inside the house. Also, you allowed a second
dog on the property and inside the house and you failed to restrict] the dog(s) to the
kitchen'when-unattended. In addition to those significant violations of the lease,
you also violated the below terms of the lease and/or lease addendum:
You painted walls,
• You placed nails in the walls and woodwork and exterior aluminum
trim,
You did not clean the house upon your departure.
During the original term of the lease you exceeded the total number of
people permitted to-reside at th ?ert)?,_by three eople,
lou ale."fk the _ 1.: fuel opt Wl;l,
Below is a list of bills due and damages to the above referenced property and
estimated repair/replacement costs:
BILLS
Water/sewer bill (04/01/08 - 06/30/08) $311.61
- Fuel Oil (Final fill per lease terms) $146.96
DAMAGES
- Damaged / missing screens 4MMUMMMMW
- Aluminum and siding repair due to nail holes $785.00
- Wall/ Ceiling damage throughout house $150.00
- Painting (prohibited by lease) $85.00
- Replacement of retaining wail caps $200.00
- Carpet replacement $2,800.00
EXHIBIT "H"
- Replacement of woodwork and trim $500.00
- Kitchen cabinet repair $100.00
- Trash removal $200.00
- Cleaning throughout house (due to smoking in the
and failure to clean in accordance with lease)
house $600.00
,
- Lawn repair and seeding (Due to vehicle travel) $300.00
- Removal of lights from top roof spouting $100.00
- Mailbox replacement $200.00
00
$50
- Replacement of front porch light .
- Bundle of 10' lumber $15.00
$100.00
- Replacement of kitchen faucet
TOTAL $6,235.00
Below is a breakdown of the security deposits you paid and the interest earned on
those deposits:
INTEREST ON INITIAL. (2004) SECUR-ITY DEPOSIT
- August 2004 - Initial security deposit paid by you $1,200.00
- Interest for August 2004 thru July 2005 None
- Interest for August 2005 thru July 2Q06 None
- Interest for August 2006 thru July 2007
(2.85% x $1200.00) $34.20
- Interest for August 2007 thru July 2008
(2.85% x $1234.20) $35.18
Total interest for August 2006 thru July 2008 $69.38
Lessl% Administrative fee for August 2006 thru July 2008 $24.12
Interest due you (difference) $45.26
`TEST ON ADDITIONAL (2008) SECURITY POSIT
January 2008 - Additional security deposit paid by you $300.00
n_teret far January x}08 thruJul? . 2008 $4.28
Interest due you $4.28
TOTAL INTEREST DUE $49.54
The total interest on the security deposits to be `paid to you is $49.54. A check for
that amount is enclosed. The total security deposit that is being withheld and to be
subtracted from costs is $1,500.00. You owe the difiference.between $1,500.00
and $6,235.00, a total of $4,735.00.
Please provide me with your payment within ten days.
,Sincerely,
\V ( T
Charles W. Shughart
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EXHIBIT "I"
CHARLES W. SHUGHART, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
MICHAEL LEE, NO.: 09-1498
Defendant IN ASSUMPSIT
DEFENDANT'S ANSWER TO PETITIONER'S COMPLAINT
JURY TRIAL DEMANDED
AND NOW, this U? day of July, 2009, comes the Defendant, Michael
Lee, by and through his attorney, Paul Bradford Orr, Esquire, and files the within
Answer to Plaintiff's Complaint as follows:
1. Admitted.
2. Admitted.
3. Neither Admitted nor Denied. Defendant is without sufficient information
to form a response to this averment. Therefore, strict proof is required at
Trial.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Admitted in part. Denied in part. It is only admitted that an inspection
was conducted by Plaintiff on or about June 30, 2008. It is denied that
"Substantial damages" were as a result of Defendant's leasehold. To the
contrary, Defendant asserts that majority of the alleged damages are
normal ware and tare that any landlord should be responsible for under
the provisions of the previously referred to lease. It is further denied that
alleged damages attributed to Defendant totaled $6,865.00. Therefore,
strict proof of said damage is required at Trial.
12. Admitted in part. Denied in Part. It is only admitted that correspondence
dated July 27, 2008, was received by the Defendant. All other allegations
within this averment, specifically the dollar amounts of damages, is strictly
denied. Therefore, strict proof is required at Trial.
13. No answer is required as this is a conclusion of Law for the fact finder to
render determination at Trial.
14. Denied. Again, Defendant denies that any dollar amount owed to Plaintiff
rises to $6,658.84. To the contrary, numerous items listed in this
averment are as a result of normal ware and tare and furthermore,
includes substantial dollar amounts for labor and travel time that should be
considered in the normal course of landlord maintance expenses.
Therefore, strict proof of all individual items listed in Exhibit "I" are
demanded at Trial.
15. Admitted. It is admitted that Defendant paid Plaintiff a security deposit of
$1,500.00. By way of further answer to this averment, it is asserted that
Defendant is also owed interest on his security deposit as required by law.
16. Admitted in Part. Denied in Part. It is only admitted that Defendant is
owed a $1,500.00 credit, plus interest, for his security deposit. The rest of
this averment is strictly denied and strict proof is required at Trial.
17. Admitted in Part. Denied in Part. It is admitted only that demand for
payment has been made. It is denied that Defendant has failed and
willfully refused to pay Plaintiff in that offers of reasonable damages of
$2,100.00 were made by Defendant to Plaintiff, Thus, strict proof is
demanded at Trial of the alleged $5,158.84 still owed to Plaintiff by
Defendant.
Attorney for Defendant
50 East High Street
Carlisle, PA 17013
(717) 258-8558
PA ID # 71786
ATTORNEY VERIFICATION
The undersigned, Paul Bradford Orr, Esquire, hereby verifies and states that:
1. He is the attorney for the Defendant;
2. He is authorized to make this verification on his behalf;
3. The facts set forth in the foregoing Motion to Modify Sentence are known to him
and not necessarily to his client;
4. The facts set forth in the foregoing Motion are true and correct to the best of his
knowledge, information and belief; and
5. He is aware that false statements herein are made subject to the penalties of 18
Pa. C.S. 4904, relating to unsworn falsification to authorities.
6. Defendant is currently employed out-of-state and gave telephone approval of this
Answer to Petitioner's Complaint.
Respectfully
RD ORR
Date: I- & 7J
Paul Bradford Orr, Esquire
50 East High Street
Carlisle, PA 17013
(717) 258-8558
Attorney for Defendant
ID# 71786
CERTIFICATE OF SERVICE
I, Paul Bradford Orr, Esquire, attorney for Defendant, do hereby certify that a true
and correct copy of the within Defendant's Answer to Petitioner's Complaint, Jury Trial
Demanded, was served upon the following individuals on the below date, by First Class
Mail as follows:
Anthony L. DeLuca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
Date: --I- ? fJ-ag BY:
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David 1D. Bud' e Q Renee X Simpson
Prothonotary 1st Deputy Prothonotary
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Sofionage, ESQ _ . 4 4v, Irene E. SI'Iorrow
Solicitor „so 2nd Deputy Prothonotary
Office of the Prothonotary
Cum6erCand County, <Pennsy(vania
9 .. !'7 9E CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fax(717)240-6573