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HomeMy WebLinkAbout09-3997ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff TIMOTHY HOGG IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v PAUL DREES and ALICIA HOFFMAN Defendant(s) NO. 09 - 39g7 Civil term CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 Avlso USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 TIMOTHY HOGG v Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 1- 3997 (1?4 ?-'ef--r. PAUL DREES and ALICIA HOFFMAN Defendant(s) CIVIL ACTION - LAW COMPLAINT The Plaintiff, TIMOTHY HOGG, by its attorneys, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendants to recover the sum of TWO THOUSAND SIX HUNDRED ONE DOLLARS AND SIXTY-TWO CENTS ($2,601.62), along with interest thereon at the statutory rate from March 28, 2007, upon a cause of action of which the following is a statement: 1. The Plaintiff, TIMOTHY HOGG, is a an adult individual having a mailing address of PO Box 624, New Cumberland, PA 17070. 2. The Defendant, PAUL DREES, is an adult individual residing at 507 East Elmwood, Apt 4, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Defendant, ALICIA HOFFMAN, is an adult individual residing at 507 East Elmwood, Apt 4, Mechanicsburg, Cumberland County, Pennsylvania 17055. F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\HOGG PROPERTIES\HOGG PROPERTIES 33839.wpd 2 4. On or about December 30, 2005, Defendants entered into a written Rental Agreement with Plaintiff, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof, whereby Defendants would rent the premises known and numbered as 111 South Yd Street, Lemoyne, Pennsylvania, at the rate of Five Hundred Fifteen Dollars ($515.00) per month. 5. Thereafter, Defendants defaulted under their Lease Agreement with Plaintiff by vacating the premises before the agreed upon lease term, without notice, and intentionally causing damage to the leased premises. 6. After crediting Defendants' Security Deposit, Plaintiff incurred additional expenses for unpaid rent, NSF check fees, and repairs, including labor and materials, to the leased premises, to the total amount of Two Thousand One Hundred Sixty-Eight Dollars and Two Cents ($2,168.02) as set forth on Plaintiffs Statement of Account attached hereto, marked Exhibit "B" and made a part hereof. 7. Due to the default of Defendants, and pursuant to the terms and conditions of the Residential Lease Agreement executed by Defendants and attached as Exhibit "A" hereto, attorney's fees in the total amount of Four Hundred Thirty-Three Dollars and Sixty Cents ($433.60) have been added to said account. 8. Plaintiff frequently demanded payment from Defendants of said amount due and F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\HOGG PROPERTIES\HOGG PROPERTIES 33839.wpd 3 owing as aforesaid, but Defendants refused and neglected and still refuse and neglect to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendants the sum of TWO THOUSAND SIX HUNDRED ONE DOLLARS AND SIXTY-TWO CENTS ($2,601.62), together with interest as set forth herein. Respectfully submitted, KODAK & IMBU M, P.C. "Robert D. Kodak, Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\HOGG PROPERTIES\HOGG PROPERTIES 33839,wpd 4 .AUC 2-9,2007 1 0: 36RM HP LASERJE T FAX p.4 r RIMAL AGRXRPnj NT THIS IS A LEGAL DOCUMENT. By signing, the Tenant agrees that Tenant has read this lease and has had the opportunity to- ask questioz}s about the lease. Thy TQalQAt WWI L"dlard a " that THIS IS A LEASE. Timothy_ Hogg is 'e Landlord. ?!?Cu ?( T .. is the Te, rzar?t leaSse s o ??.. 4t rtment # 3 at This q, lase begins onj UAX This lease ends an Tenant must Notify Landlord in writing Sixth days befo the end of this moving out. lease that Tenant is if Tenant does not notify Landlord that he/she is moving out, the lease will automatically become a month-to-month lease. In order to end the lease during the month-to-month periods, the Tenant must notify Landlord in writing at least 60 days before Tenant intends to move out. A full month's rent shall be due for any partial month in which Tenant occupies the apartment. The total rent for this lease is $ 61 1 p4,W .. Payable in monthly installments of $ (yearly) 515.44 Rent is due in advance on or before the FIRST day of each month of this Lease- Rent is to be mailed to the following address: Tim Hogg PO Box 624 New Cumberland, PA 17070 Rent Checks or Money Orders are to be made out to "Tien Hogg„ only. SECURITY IWOSIT* The Tenant', has deposited an amount months rent K - equal to one month's c 5j.. as, a SIRCURITY DEPOSIT. This security posit is held by the Landlord, in full throughout the term of the lease regardless to the amunt of the. da-it and- applied to any damages to the apartment caused by Tenant, his/her family, guests or pets. The security deposit can also be used for any damages from breaking the lease, Tenant's unpaid bills, or not paying part of the rent due. At no time during the tenancy will any part of the deposit be refunded. Security deposit shall be refunded within tlzirty clays -af the and of the nm5uth in which the lease terminates, EXHIEWT ?g 19U.9 -9.2007 10:3GAh1 HP LASERJET FA}{ p.5 Tenant MAY NOT USE SECURITY DEPOSIT AS RENT 1-mk;xm--.-j U RM1T IF PAI17 AFTER THE FIRST DAY OF THEE MOMS: Increased rent begins the FIRST DAY of the month. A ten dollar rent charge begins on the first day, and five dollars for every day after the first day of the month. These charges cover increased administrative Costs and damages. ACCEPTANCE OF PROPERTY: The Tenant has examined the apartment and the apartment is in satisfactory condition. The apartment is leased in AS-IS condition. In the event that repainting, repair or other work to be performed in the apartment has not been completed, by the time the tenant is to move in, this lease will remain in full farce and tenant shall still be responsible for all rents. Tenant agrees that no agreement is made to redecorate, repair or improve the apartment unless specifically written here: If tenant, for whateVdr reason, fails to take posession of the apartment, tenant is still respoiiaible for all rents and obligations until Landlord can reasonably find a replacement tenant for the apartment. SMALL REPAIRS DURING TH14ANCY: Tenant is responsible for small repairs such as stuck windows, loose screws, backed up toilets/bathtubs/sinks. Tenant is also responsible for lightbulbs and fuses as they become necessary. Landlord shall decide what repair is considered "small." MMXSCLOSBD REPAIR - It is the Tenant's responsibility to report any condition that could be dangerous or wasteful immediately to Landlord. In the event Tenant has not notified Landlord of a needed' repair or condition, any liability and/or financial responsibility shall be assumed by Tenant, CLEANLmasa: Tenant agrees to keep apartment clean, avoid a garbage build-tip and place garbage in outside receptac2es'. Tenant agrees that any pest infestation as a result of his/her apartment's not being kept clean is breaking the, lease. Any pest control services will be charged to the Tenant. OCCUPANCY A1W UBBs The apartment is for use as a residence by the named Tenants who have signed this lease and their children. Tenant will not use this apartment for any type of business. Tenant will not use the apartment for disorderly or unlawful purposes, or in any manner offensive to others. Tenant will obey all Federal, State, County and Local laws. 2 A,j,g :?9,2007 10:36RM HP LRSERJET FAX P.6 A8P=ANC98: Arry appliances which are in the apartment are there at the convenience of the Landlord. Landlord agrees to remove appliances if the Tenant asks for removal. The repair and maintenance of all appliances is the responsibility of the Tenant. RVLBS: "Rider A" contains a list of rules that the Tenant shall follow. If Tesiatlt Breaks any of these rules, he/she is breaking the lease. UTILITIES - Landlord is re. PDOnsible for paying the following: Wkka,,,garbage, sewer, Tenant is responsible for'paying the following: Electric, cable, telephone, gas, plus any other service acquired whether by law or otherwise, not mentioned as a Landlord responsibility. if tenant in the sole disgression of the landlord overuses or uses wastefully a utility that is. paid by landlord, the excess cost shall be assumed by tenent. Tenant SXPEMRS: Landlord will not allow any deductions from the rent or charges to any account of the landlord for any purpose by the Tenant. mums: No changes will be made, and no painting or redecorating is done to the apartment without written permission from Landlord. Tena- t will not drive nails or screws into the walls or the woodwork. XBROSINx BzATpAtS No kerosine heaters are allowed in the apartment. INCBNSS AM cAMMZSs Tenant understands that candles and incense cause soot to build up on walls and surfaces. In the event that landlord or landlord's employees determine that candles or incense .has been burned in the apartment, the cost of any and all, painting, cleaning, etc, shall be paid by tenant. CRAMS Op Teaants: Only the Tenants named in this lease may use the leased apartment, Tenant may not give the apartment to anyone else to use. Tenant must request a new lease if different people are In the apartment than those named on,.the lease. If Tenant is transferred during mid tenancy, Landlord grill reasonably loolc for a new Tenant for the apartment in order to relieve Tenant of lease responsibility. Landlord reserves the right to charge tenant for time spent acquiring new tenant $1,00.00 flat fee and cost of advertising. PETS: Pets are not allowed is the apartraeut Without the written permission of the Landlord. 3 A??g _29 2007 10:37AM HP LASERJET FAX P.7 IN8PLC710Kz Landlord or his employees may enter the apartment at any time for the following reasons: 1_ To inspect the apartment 2. To make necessary repairs 3. To protect the apartment from damage 4. To show the apartment to prospective Tenants or buyers 144V=G OUT t Tenant will leave- the apartment and all property of the Landlord in good clean and operating. condition, except for ordinary wear and tear. Tenant will clean the apartment, including any appliances, cabinets, baseboards, bathrooms, and remove all trash from the apartment. Tenant to steam clean carpets before move-out date and a receipt is to be turned in with the keys. if cleaning and trash removal is not done by Tenant, the Landlord will clean the apartment and remove trash at the expense of the Tenant. A service fee of $25.00 per contractor shall be aplied to the secuity deposit if tenant does not steam clean or properly clean the apartment. Tenant. will bring all keys to the Landlord within 24 hours of moving from the apartment. LIABILITY OF Landlord, - Tenant agrees that Landlord shall not be liable for property damage or personal injury occurring in or around the apartment unless the damage or injury results directly from the Landlord's gross negligence. BREAKING THE LWWZ; If the rent is not paid when due, and/or the Tenant does not perforce in a manner consistent with this lease, he/she shall have broken the lease. The entire gent due for the rest of the lease is due and payable immediately. Any court fees, attorney's fees, collection fees, fees for paying rent after the first of the month, plus an amount equal to two =k th's rent for damages and administrative costa shall also be due. NOTICE TO QUITr Tenant understands. that he/she is giving up the right to any ten day,,- fifteen day, thirty day, or ninety day. notice to quit lease. IF Tenant BREAKS THIS LEASE, EVICTION PAPERS CAN HE IMMEDIATELY FILED Ik COURT. ITRKS LEFT IN THE "ARTMENT BY Tenant: If the Tenant moves out of the apartment and leaves belongings in the apartment, the ownership of these belongings shall be given to Landlord. Landlord may do whatever he wishes with these items. PAYING LATE RENT: If Landlord allows Tenant to pay rent late or break any rule at any time for any reason, this does not give 4 Hs?g 29 2007 10:37RM HP LRSERJET FAX P.8 Tenant permission to pay late agaln or break the rules again. NOTICE: This agreement is the Notice to Tenant of all rents due and obligations of the Tenant. Tenant AGREES THAT NO ADDITIONAL, NOTICE OF RENT DUE IS NECESSARY. STORAGE: No storage rights are given under this lease. The Tenant agrees that neither the Landlord or his employees has any responsibility for loss of any kind to-the Tenant's property. INSURAIWN: Tenant agrees that Landlord requires that Tenant buy RENTER'S INSURANCE to cover damages to his/her personal property and cover liability for other people's property and casualty. Landlord shall be named as wadditional insured", and insurance agent shall provide proof of insurance to landlord for aLl renewals. Tenant understands that in the event that tenant allows insurance to expire or otherwise lapse,. Landlord shall have the right to purchase renters insurance policy at tenants expense. Landlord further reserves the right to charge a fee for this service in the, amau= Of $100.0G over and above the cost of insurance. Tenant's Initials: Qn /i1 _ SEPARATE SECTIONS: The sections of this lease are separate. If a court finds that any part of this lease is illegal for any reason, that finding will not affect the remaining parts of the lease. LEAD PAINT: Tenant acknowledges that he/she has been given a copy of the US EPA booklet "Protect Your Family From Lead in Your }come", and given time to read the information it contains. Landlord has no knowledge of lead paint in the apartment although Lead paint was commonly used before 1979. Any cracking or pealing paint must be reported to Landlord immediately. Tenant's Initialss-P414- RIDERS (SPECIAL PROVISI4M9) : Special provisions in the attached Riders are part of this lease. B2MRB AGRSBMENTs This lease contains the ENTIRE AGREEMENT between the Landlord and the Tenant. Neither the Landlord nor the Tenant has agreed to do an?thing that is not written in this lease.. RSPAIRS BY Landlord: If Landlord is to make repairs to the apartment for damages that are not caused by normal wear and tear he. will be paid $25.00 per hour plus the cost of materials to Landlord- PARKING: Tenant shall abide by all parking signs around apartment 5 Aug '29,2007 10:38AM HP LASERJET FAX P.9 22. These rules and regulations shall constitute conditions to nahcy, and violation thereof shall be a default under this lease. It is further assumed that these rules do not violate Local, State or Federal Law. In the aforementioned event, the regulation stated herein will become null and vofd, thus rendering precedence to the law. Date t11 is . Timothy, H?38 i Tenant Termnt Tenant 9 Dec 04 2008 8:44AM HP LRSERJET FAX Hogg Properties, LLC Tim Hogg PO Box 624 New Cumberland, PA 17070 Paul Draw 111 South Third Stnwt3 Lemoyne, PA 17043 Security Deposit Statement Exrneir a- p. 2 y-26-2009 07:43 KODAK AND IMBLUM P.C. VERIFICATION 717 238 7158 P.07 I,- TIMOTHY HOGG, verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. ?r Timothy Hogg Dated: d) /0 f 33839 DREES/HOFFMAN TOTAL P.07 Fi? ""c op l , J Luu9 zu 15 1: 21 ? 419.5D PO ATN C'dc, 8813 2,2U7a7 HA605 RRisBu cp?pyCni ?, ILySAw CC+muc HAPmmuRG IPA 17110 `I[°n. (717) 541-0320 TIMOTHY HOGG, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-3997 CIVIL TERM PAUL DREES AND ALICIA HOFFMAN, : CIVIL ACTION - LAW DEFENDANTS NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. TIMOTHY HOGG, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-3997 CIVIL TERM PAUL DREES AND ALICIA HOFFMAN, DEFENDANTS : CIVIL ACTION - LAW DEFENDANTS' ANSWER AND NEW MATTER AND NOW COMES, Paul Drees and Alicia Hoffman, by and through their attorneys of the Widener Civil Law Clinic, filing the instant Answer and New Matter, and in support thereof, avers as follows: 1. Admitted. 2. Denied. Paul Drees resides at 124 West Portland St., Apt 11, Mechanicsburg, PA 17055. 3. Denied. Alicia Hoffman resides at 124 West Portland St., Apt 11, Mechanicsburg, PA 17055. 4. Admitted. 5. Denied. The defendants gave written notice of their intent to vacate upon the conclusion of the lease (January 31, 2008) and therefore specifically deny the allegations of vacating without notice, defaulting under the lease agreement, and intentionally causing damage to the leased premises set forth in paragraph 5 of Plaintiffs Complaint. 6. Denied. After reasonable investigation, the party is without knowledge or information sufficient to form a belief as to the truth of the averment. 7. Denied. Defendants specifically deny being responsible for Plaintiff s attorney's fees as Defendants specifically deny defaulting on lease agreement with Plaintiff. 8. Admitted in part, denied in part. Defendants admit refusing to pay full amount demanded by Plaintiff but deny refusing or neglecting to pa:y any part thereof to settle matter. Defendants' present letter dated March 16, 2009 marked as Defendants' Exhibit "F" indicating offer to settle matter for $500, which was more than half of the settlement figure of $970.89 originally sought by plaintiff. This offer was refused by the Plaintiff in letter dated May 14, 2009, marked Defendants' Exhibit "G," although, according to the rental agreement, a full month's rent ($515) is all that is due any month in which the Defendants occupy the premises. Defendants' Exhibit "E". WHEREFORE, the Defendants respectfully request that this Honorable Court dismiss the Plaintiff's Complaint. NEW MATTER 9. Paragraphs 1 - 8 are incorporated herein. By way of further answer and defense, Defendants aver New Matter as follows: 10. The lease agreement between the Defendants and Plaintiff was to run from January 14, 2006, until January 31, 2007. Defendant's Exhibit "E". 11. The Lease Agreement required 60 days notice of intent to vacate the premises. 12. Plaintiff sent the Defendants an addendum to the lease agreement on December 1, 2006 which changed the terms of the agreement marked as Defendants' Exhibit "A". Defendants ' Answer and New Matter - Page 2 13. Upon receipt, the Defendants promptly returned the addendum to the Plaintiff with a written note stating their intent to vacate the premises by the end of their existing lease, January 31, 2007. 14. On or about January 15, 2007, the Defendants vacated the rental apartments owned by the Plaintiff and relocated to 507 East Elmwood, Apartment 4, Mechanicsburg, PA 17055. 15. The Plaintiffs kept the Defendants' security deposit in the amount of $515.00. ARBITRATION AND AWARD 16. Defendants incorporate by reference paragraphs 1 through 15 herein. IT On February 7, 2008, Plaintiff filed a complaint against the defendants with this Court under docket number 08-899. (Defendants' Exhibit "H") 18. On July 23, 2008, the Plaintiff petitioned this Court to have the matter resolved through arbitration. (Defendants' Exhibit "I"). 19. The Court approved the petition on July 31, 2008, and the claim was referred to a panel of arbitrators of the American Arbitration Association. (Defendants' Exhibit J" 20. A hearing was held before the arbitrators on October 2, 2008. 21. The arbitration panel with due notice and attended by both parties, rendered its decision and award in favor of Defendants and against Plaintiff on October 2, 2008. (Defendants Exhibit 'W"). Defendants' Answer and New Matter - Page 3 22. The arbitration panel in rendering its decision, considered the same claims raised in the instant action, including the default, and found in favor of the Defendants. 23. On October 3, 2008, the Court confirmed the arbitrators' award and entered judgment for Defendants. (A true and accurate copy of this award is attached as Defendants Exhibit "K".) WHEREFORE, the Defendants request that the Court affirm the unappealed decision of the arbitration panel and dismiss the instant action with prejudice. RES JUDICATA AND COLLATERAL ESTOPPEL 24. Defendants incorporate by reference paragraphs 1 through 34 herein. Following the arbitrators award, on October 29, 2008, the Plaintiff served the Defendants with notice of an appeal of the arbitrator's decision and the appeal was filed under the same Docket No. (2008-0899.) 25. This appeal was not pursued. 26. Thirty days having expired from the October 2, 2008, decision of the panel of arbitrators, Plaintiff lost the right of appeal thereby making the arbitration award final and binding. 27. Under the guise of a new action, the Plaintiff has filed another complaint under the above-captioned docket number to relitigate the same matters that have been legally arbitrated although the Plaintiff had an opportunity to be heard, present evidence and appeal. WHEREFORE, the Plaintiff is estopped and barred from relitigating by the doctrines of Defendants ' Answer and New Matter - Page 4 res judicata and collateral estoppel. The Defendants respectfully request this Honorable Court dismiss the Plaintiffs complaint. BREACH OF WARRANTY OF HABITABILITY 28. Paragraphs 1-27 are incorporated herein. 29. On a tour of the premises prior to moving in, Plaintiff made verbal promises to the Defendants that considerable renovations and cleanings would be done to the property prior to the date of move-in including: a. recarpeting or professional steam cleaning of carpeting promised due to extreme pet allergy suffered by Defendant Drees b. overall pre-move-in cleaning of apartment c. general maintenance to ensure the apartment was fully functioning 30. Plaintiff failed to perform on these promises. 31. As a result, Defendant Drees suffered greatly from his allergic reactions to the pet hair and dander in the carpet and sought medical attention. 32. In vacating the apartment prior to the termination of the lease, the Defendants incurred considerable expense improving the condition of the premises to a status superior to that of which they had received it. 33. As a result of the poor state of the of premises upon move-in, Defendants incurred expenses and losses including: a. $125 First-time cleaning done by Plaintiff charged to defendant b. $125 cleaning of kitchen and bathroom after repairs made Defendants ' Answer and New Matter - Page 5 C. $45 Steam cleaning d. $60 for six hours of necessary painting e. $240 repairs on wooden front door f. $60 repairs on screen door g. Personal time and labor expended to continuously attempt to remove cigarette stains on walls left by previous owner h. Food spoilage due to broken freezer Doctor bills incurred and emotional distress suffered by Defendant Drees due to allergic reactions to pet residue and stains in the carpets left untreated by the Plaintiff WHEREFORE, the Defendants owe the plaintiffs no monies or alternatively, the Plaintiff had a duty to mitigate their damages given the breach of Warranty of Habitability and Defendants request a setoff. The Defendants respectfully request this Court dismiss the Plaintiffs complaint. DEFENDANTS' COUNTER CLAIM UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION ACT 34. Paragraphs 1 through 33 are incorporated by reference herein. 35. In addition to the New Matter set forth in paragraphs 1 through 37 above, Defendant avers that Plaintiff, Timothy Hogg, violated the Unfair Trade Practices and Consumer Protection Act, (hereinafter, the "Act"), 73 P. S. § §201-1 -- 201-9.3. 36. Section 201-2 of the Act defines "unfair methods of competition" and "unfair or deceptive acts or practices" as "engaging in any other fraudulent or deceptive conduct which create the likelihood of confusion or of misunderstanding." 73 P.S. Defendants ' Answer and New Matter - Page 6 §§201-2(4)(xxi). 37. Plaintiffs actions set forth in paragraphs 1 through 33 above constitute deceptive conduct which creates a likelihood of confusion or of misunderstanding, specifically the introduction of the addendum which changed the terms of the lease agreement. 38. By and through Plaintiff's failure to keep promises made prior to move-in regarding the condition and habitability of the apartment set forth in paragraphs 28 through 33 above, Plaintiff created a likelihood of confusion, misunderstanding, deception and/or fraud. 39. By and through Plaintiffs addendum, Plaintiff created a likelihood of confusion, misunderstanding, deception and/or fraud regarding the terms and conditions set forth in the lease signed by Defendants Drees and Hoffman and Plaintiff Hogg. 40. As a direct and proximate result of Plaintiff's violation of the Act, Defendants Drees and Hoffman incurred consequential damages and expenses related to payment of an additional security deposit, additional rents, and multiple credit check fees, as well as relocation of their personal property to a new residence. WHEREFORE, Defendants pray for judgment against Plaintiff as follows: Actual damages and legal costs in an amount to be proven at trial as allowed by law under the Unfair Trade Practices and Consumer Protection Act, 73 P.S. §§201-1 -- 201-9.3. Consequential damages arising as a result of the highly ambiguous terms of the addendum to the lease incurred by Defendants Drees and Hoffman related to moving expenses, additional rents, Defendants' Answer and New Matter - Page 7 security deposits, credit check fees and other such costs in an amount to be proven at trial. The amount in controversy described above does not exceed the jurisdictional amount of $50,000.00 requiring compulsory arbitration pursuant to R.C.C.P.D.C. 1301(1). Date: Respectfully submitted, 1 ? a heW Se ey Certified Legal Intern Monica D. Cliatt, Esq. ID #84848 Widener University School of Law Harrisburg Civil Law Clinic 3605 Vartan Way, 2nd Floor Harrisburg, PA 17110 Tel. (717) 541-0320 lawclinichbnmail widenenedu Defendants' Answer and New Matter - Page 8 VERIFICATION I verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: I J ZU , ?? ?? Paul rees, Defendant Alicia Hoffman, Defendant IHIA IUSIBU G (CPIM LAW (ClLRZC HAMSIBURG PA 17110 TEL. (717) 541-0320 lawclinichb@maill wide er. edu TIMOTHY HOGG, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-3997 CIVIL TERM PAUL DREES AND ALIaA HOFFMAN, : CIVIL ACTION - LAW DEFENDANTS CERTIFICATE OF SERVICE I, Matthew Seeley, Certified Legal Intern for the Defendants in the above-captioned matter, do hereby certify that I have this day served the Plaintiff with a true and correct copy of the Answer and New Matter upon the Plaintiff by placing same in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed as follows: Robert D. Kodak, Esq. Kodak & Imblum, PC P O Box 11848 407 No. Front St. Harrisburg PA 17108-18, R Date: 3 o a Matthew Seeley Certified Legal Intern LAW OFFICES OF KODAK & IMBLUM, P.C.'- Robert D. Kodak CAMERON MANSION Telephone 407 NORTH FRONT STREET 717.238.7152 Gary J. Imblum POST OFFICE BOX 11845 Facsimile HARRISBURG, PA 17108-1848 717.238.7158 www.kodak-imblum com May 14, 2009 PATRICK DALEY CERT LEGAL INTERN WIDENER UNIVERSITY SCHOOL OF LAW HARRISBURG CIVIL LAW CLINIC .? 1 3605 VARTAN WAY 2ND FL ; HARRISBURG PA 17110 MY RE: Timothy Hogg Co./Hogg Properties, LLC. VS: Paul Drees/Alicia Hoffman Our File No. 33839 Dear. Mr. Daley: Thank you for your letter of March 16, 2009. Unfortunately, my client has dug his heels in and wants to be paid in full on this file. That will entail our filing a second action as per mine of November 6, 2008 (copy enclosed). I also enclose for you my client's revised security deposit Statement. When this matter first went to suit, my client did not insist on pursuing two (2) month's rent reimbursement as allowed in the Agreement. Your clients were advised of this but, nevertheless, they chose not to recognize the Agreement and take their chances with expanded litigation. Would you please advise if your office would have authority to accept service of a new Complaint which will be filed in this matter. I look forward to hearing from you. Thank you. Very truly yours, KODAK M UM, P.C. Robert D. Kodak RDK/bjh robert.koduk@kodak_imblum.com enclosure(s) cc CARLA BELLAVANCE A&S COLLECTION ASSOC INC POST OFFICE BOX 395 WILLIAMSTOWN VT 05679 Ex hibit [--7 962697 1s RENTAL AGREEMENT THIS IS A LEGAL DOC Tenant has read UMENT' BY signing, the Tenant this l questions about the lesease and has had the opportunity agrees that The meant and?1®$ THIS IS A LEASE. Timothy Hogg is the c? Landlord . se is' f?']'i? AK is the Tenant . AtWiireea' 4?o?xE, ^/ ff? Apartment # This ase be ` 'O? gins an l,rCte zo"p . asre!e that at N I 3oU&IyodSj This lease _ ' ends on=- jb*e j A6'j-r ` , writing Sixty days befor 31 Tenant must Notif moving out. the end of this Y Landlord in lease that Tenant is If Tenant does not lease will automaticalify Landlord that he/she is moving to end the lease during y become a month-to-month lease. out, the notify Landlord g the month-to-month In order in writing at least 60 days periods, the Tenant must to move out. A full month s Ys before Tenant intends month in which Tenant Occupies tit shall be due for an apartment. Y Partial The total rent for this / /?D Payable in lease is $ 6 ? ) 8O. W monthly installments of $ (Yearly) .Rent is due in advance on or before ?'?-? this Lease. Rent is to be mailed to the following Y of each month of address: Tim Hogg PO Box 624 New Cumberland, pA 17070 Rent Checks or Money Orders are to be made out to "Tim Hoggri only. SECURITY DEPOSIT A ! The Tenant month s rent 6)6 _? has deposited an amount SECURITY equal security deposit is held b as a to one term of the lease regardless he Landlord in full h roughout Tthe applied to any damages to the apartment the amount of the family, guests or caused b deposit and pets. The Security deposit can Tenant, his/her any damages from breaking the lease Paying Tenant's also be used for g part of the rent due_ ? Paid bills any part of the deposit be At no or not refunded within refunded .time during the tenancy will lease terminates. d Security deposit shall be ms's of the end of the Month in which the 4?? -.- IL I 'ytgt? E5 Tenant MAY NOT USE SECURITY INCREASED RENT ')EPOSIT AS RENT IF PAID rent begins the FIRST AFTER THE FIRST DAY OF THE begins on the DAY of the month. MONTH Increased first day of first day, and five dollars A for dollar rent charge the or ever da administrative month. These - y Z- Y after the costs and damages charges cover increased . ACCEPTANCE OF PROPERTY: the apartment is The Tenant has examined the leased in in satisfactory condition. apartment and AS-IS condition. The In the work to be event that repainting, is by the time performed in the apartment painting' repair or other full the tenant is to move has not been completed, force and tenant shall in, this lease Tenant agrees that still beres will remain in improve no agreement Ponsible for all s maw' rents. here. the apartment ui ess m de to Zedecorate, repair or specifically written If tenant, for whatever apartment, reason, tenant fails to take is still responsible Posession of obligations until Landlord can reasonably the for the apartment. find a replacement tenant SMALL REPAIRS repairs such DURING TENANCY: Tenant is toilets/bathtubs s as inks stuck windows, loose responsible for small backed and fuses as . Tenant is also responsible they become for up repair is considered " necessary. Landlord lightbulsmall," shall decide what at UNDISCLOSED REPAIR any condition that - It is the Tenant's Landlord. responsibility to report In the ecould e vent Tenantgerous or wasteful immediately to needed repair or condition has not notified responsibilit any Iiabilit Landlord Of a y shall be assumed by Tenant, y and/or financial CLEANLINESS: Tenant a arees a bui i d-up and pl a gee garbage keep apartment clean, g that any pest infestation gin outside receptacles avoid a not being kept as a result of hiap Tenant services wikep clean is breaking the lease. / apartment's l be charged to the Tenant. Any Pest control ?aA?CYaAND USE: The apartment who have partment is for use as signed this lease a residence by the Tenant will not and their children. Tenant will not use this apartment for purposes use the apartment any type of business. all Federalr in any manner for disorderly or State, Count offensive a others, unlawful County and Local laws. Tenant will obey 2 • rt ?f APPLIANCES: Any the convenience appliances which are in the a of the Landlord. partment are there at appliances if the Tenant Landlord removl maintenance of asks for agrees to remove all appliances is the responsibility of the Tenant , follow A contains a list of rules that the Tenant shall If Tenant Breaks any of these rules, he/she is the lease, breaking UTILITIES - ij -LOiti is Wj tC2,garbage ?responsible for paying the following: Tenant is ? sewer responsible telephone, gas, for paying the following otherwise Plus any other service ' Electric, cable, . not mentioned as a acquired whether b th sole dinot Landlord responsibilit by law or the st of the landlord overuse s ?s If tenant in utili tenenthat is paid by landlord, the excess Jr uses wastefully a by cost shall be assumed Tenant EXPENSES: Landlord will not allow an rent charges to a account of the Landlord for Y deductions from the the Tenant. any Purpose by CCHANGES: No changes will be made done to the apartment without , and no Painting Tenant will written permissi n°fromdLandlord not drive nails or screws into the s woodwork. wall or the KEROSINE HEATERS; apartment. No kerosine heaters are allowed in the INCENSE AND cause soot tCoANbD?gd' Tenant understands that landlord or landlord'sp on walls and surfaces. Candles and incense In the e that has been b employees determine that candles oreincense ux'ned in the apartment, cleaning, etc. shall be the cost of an paid by tenant. Y and all Painting, c.HANC3E OF Tenants : Onl the leased a y the Tenants named in else eased Tenant this lease may Tenant must re may not give the apartment to y use are in the apartment than re uest a new lease if anyone transferred named on the lease. If Tenant people a new Tenant dfor he 2d tenancy, If Tenant is Landlord will reasonabl responsibilit apartment in order to relieve y look for time s y. Landlord reserves Tenant of lease pent acquirin the right to charge advertising. g new tenant $100.00 flat ge tenant for fee and cost of PETS= Pets are not allowed permission of the Landlord, in the apartment without the written 3 IN3PECTIOW: Landlord any time for or his employees may the following reasons: y enter the 1' To inspect the apartment at 2- To make apartment necessary repairs 3- To protect the apartment from 4• To show the apartment damage to prospective Tenants or buyers MOVING OUT: Tenant will the Landlord good leave the apartment ordinary wear and g clean and operatin and all property of tear. Tenant will clean he ndition, except any appliances, cabinets, for trash from baseboards, bathrooms rtment, including the apartment. Tent to and, move-out date and a recei steam all pt is to clean carpets before be turned in with the keys. If cleaning and trash removal is not done b will clean the apartment and Tenant, remove trash by Tenant" the Landlord A service fee of $25.00 at the the secuity deposit if per contractor expense shall or of the clean the a tenant does not steam clean prope to within h 24 hours mof Tenant will bring all ]ce Properly moving from the apartment. liable for ancllord - Tenant. propert agrees that Landlord shall not be around the a y damage or personal from the the apart ent unless the damage injury occurring or lnj ury result s in or s gross negligence. directly BREAKING THE LEASE: Tenant does not if the rent is not he/she shall of perform broken the Iease_ paid when due, and/or the a manner consistent have rest of the lease is The entire rwith ent this lease, rest e due and payable immediate) rent due for the first attorney's fees, collection costfees, fees for y Any court fees, of the damages and month' plus an amount e paying rent after the administrative Qua) to two month?s s shall also be due. rent for NOTICE TO QUIT. Tenant right to an understands that he/she is to quit any ten day, fifteen y" IF Tenant B da thirty da giving up the IMMEDIATELY FILED REAKS THIS LEASE Y? C ninety day notice lease. , IN COURT. EVICTION PAPERS CAN BE ITEMS LEFT IN THE APAR the apartment and leaves TMENT BY Tenant: If the of these el belongings in the Tenant moves out of whatever hbeongings shall be apartment, wishes with these given to Landlord, the ownership items. Landlord may do P AYING LATE RENT: If Landlord all any rule at any time for any sreasont to pay rent late or n. this does not give 4 Tenant permission to pay late again or break the rules again. NOTICE: This agreement is obligations s the Notice to Tenant NOTICE OF of the Tenant. Tenant If all rents due RENT DUE IS NECESSARy. AGREES THAT NO ADDITIONAL STORAGE: No Storage rights are given under this lease. agree sit at neither the Landlord The Tenant y for loss of an or his employees has any kind to the Tenant' any INSURANCE; Tenant s property. RENTER'S agrees that Landlord re and coverINSURANCE 1tO cover damages to hisguires that Tenant buy andd2ord y for people's /her personal property shall be named ash additionalproperty and casualty. agent shall provide proof insured" renewals. Tenant understands that insurance to landlord insurance ord for all insurance to expire or in the event that tenant allows right to otherwise lapse, Landlord Landlord f urchhear e renters insurance shall have the reserves the Policy at tenants expense. service in the amount of right to charge a fee for this over and above the cost of Tenant`s Initials: SEPARATE SECTIONS: court finds that The sections of this lease are se that finding will any Part of this lease is ill Parate. not affect illegal for an If a the remaining parts of y reason, LEAD pAI"T: the lease. of the Tenant acknowledges US EPA booklet 9es that he/she has been protect Your Family From given a copy and given time to read the information it Lead in Your „ no knowledge of lead ur Home , paint in contains. Landlord has commonly used before 1979, the apartment althou reported to Landlord i Any crackin `3h Lead paint was ?ediately, g or pealing paint must be Tenant's Initials: RIDERS (SPECIAL PROVISION9) : Special Riders are part of this lease. provisions in the attached ENTIRE AGREBpKgpT; This lease contains the the Landlord and the AGREEMENT has agreed d Tenant. Neither the Landlord between do anything that is not written nor the Tenant in this REPAIRS By Landlord: lease. apartment for If Landlord damages that are not causedtb make repairs he will be paid $25.00 by normal wear to the ord. Per hour plus Landl the cost and tear of materials to PARKING: Tenant shall abide by all parking signs around apartment 5 buildings_ Tenant from between shall be res vehicles and ponsible for removal of snow keepting the area tenant shall and ice oil t other around the clear also be responsible fluids to be of debris and for spilled onto the shall not allow S ecial Parking lot. p _Parking_Instructions: /? - THIS IS A LEGAL DOCUMENT. Tenant has read this By signing Landlord lease, has gone and has had the opportunity lease. Landlord TT Wrnmr? Tenant the Tenant agrees that the through the lease with the to ask questions about this DATE -A 60-- DATE 6 Rider A This rider is attached to and forms a part of the lease beginning between Timothy Hogg, the Landlord /?U ( the Tenant(s). and t 1 ' C?"enLS?of rent and of payable to Landlord and due e on charges payable by Tenant shall be received after the 1st day the 1st dy of the month. penalt Y of the month, include a if y plus $5.oo for each additional da $10-00 initial la. Y this reflects. Rent payments are to be made to Tim Ho New Cumberland, PA I7070_0624. Please gg' PO Box 624, Hogg" only, make checks payable to "Tim 2- Tenant agrees that the famzl consisting of premises are leased for use b and children. Persons which consists of 1' Tenants .? adults 3. Tenants are reminded that they should carry adequate renter's during y losses or damage that may occupancy of the above apartment. ?' be sustained 4• No motorcycles, motor bikes shall be permitted on the truck caps, or snow mobiles premises. 5• No boisterous parties or unnecessary noise permitted. 6. No antennas allowed on the premises. outlets provided shall be used. Only the Cable Tv 7- Nothing that including but not sticks to walls or cielings may limited stencils,tack tO scotch tape wallpaper, borders, 8. Pictures shall be Under no circumstances shall bl' using standard picture hangers. anything. scotch tape be used to fasten 9. Tenant shall not Park property. boat, trailer, or disabled vehicles on 10. Tenant shall have two ke s changed or altered and ke s y Issued. Locks shall y shall not be duplicated. not be 7 ?P 11. Tenant shall improvements without not make any alterations prior written consent additions, or 12. Tenant shall be responsible for sm of the Landlord. screws, stuck window, backed u all repairs (loose p toilets etc_). 13. Upon vacancy of apartment, 13 cleaned thorou the appliances and cabinets must ghly before Tenant vacates said Premises- 14- Upon vacancy of apartment, carpet must be steam p must be turned in with the keys. cleaned and 15. Tenants are res charged batte ponsible for maintaining smoke detector with responsible ry at all times (where applicable) 1Or rzporting an - Tenants are also immediately to Landlord. Y non working smoke detector 16. It is unrstood amount of and agreed that the securit lease for this S-00 dollars ?' Payment the premises has been Provided for under the the Tenant apply the securit paid. Under no circumstances may y deposit to their last months rent. 16a. The securit years y deposit will accrue interest at a rate of 1_75% Y, accrued yearly, beginning after the first tenancy has been completed. full year of 17. In the event I° Tenant has not notified Landlord of re air or condition shall be assumed b ` any liability and/or financial responsibility a needed by Tenant_ 18. In the event that Landlord i to m that under the terms and ondit onssof thiseleas to normal wear and repairs to apartment tear, Landlord e are not related spent in the amount of is to be compensated for to Landlord. $25-00 Per hour, and materials time at their cost 19- Tenant will be fees will be charged $25.00 for any returned check. check. applied to the date of restitution for said returnLat ee d 20_ Extraordina appliances' garbage (tires, etc.) is the responsibilit furniture' mattresses, removed at Tenant's expense. y of the Tenant to have 21. Additional Tenant responsibilities: 8 22. These rules and regulations shall constitute conditions of tenancy, and violation thereof shall be a default under this lease. It is further assumed that these rules do not violate Local, State or Federal Law. In the aforementioned event, the re herein will become null and void, law. thus rendering precedence to the Date ^ 1b Timothy Hogg Tenant Tenant Tenant 9 March 16, 2009 Robert D. Kodak, Esquire 407 N. Front St. P.O. Box #11848 Harrisburg, PA 17108 RE: Alicia Hoffman & Paul Drees Dear Mr. Kodak: I have reviewed the $970.89 settlement figure offered by your client and am this letter to inform you that my clien$do not accept the offer of settle en Writing They are willing, however, to pay an amount of $500 to extinguish this dispute. Please contact me at your earliest convenience to inform me of your response to this settlement counter-offer. Thank you. Sincerely, Patrick Daley Certified Legal Intern PD:jh Certified a True and Co ay ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7159 for Plaintiff HOGG PROPERTIES, LLC IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Te r«• NO. OR- 9" civt I. PAUL DREES and ALICIA HOFFMAN Defendant(s) CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. ff you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 TNM COPY FROM RECORD in Testimony whereof, I here unto set my tan s VW tt ow Of Said C Ill at CKWA, Pa. ;1h A CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I served a true and correct copy of the PETITION FOR APPOINTMENT OF ARBITRATORS in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: PAUL DREES ALICIA HOFFMAN 507 E ELMWOOD AVENUE #4 MECHANICSBURG PA 17055 KODAK $ IMBLUM, P.C. /X? - e- Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney I.D. No. 18041 Attorney for Plaintiff Dated: July 23. 2008 T..- HOGG PROPERTIES, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2008-0899 PAUL DREES and ALICIA HOFFMAN Defendant(s) i CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D Kndak that: Fsauire, counsel for the plaintiffAdefendant in the above action, respectfully represents 1. The above-captioned action(s) i&%m at issue. 2. The claim of plaintiff in the action is 511.165 07 ulus nterest and costs. The counterclaim of the defendant in the action is: N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: ROBERT D. KODAK, ESQUIRE (KODAK & IMBLUM, P.C.) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respe ubmitted, Robert D. Kodak, Esquire Kodak & Imblum, P.C. PO BOX 11848 Harrisburg, PA 17108-1848 (717) 238-7152 AND NOW, ORDER OF COURT 2008, in consideration of a foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. BY THE COURT: COT F-a NOFFERrP NOGG PROPERTIES r LLC, PAUL DREES and Plamttff HOFFMAN, ALICIA Defendants a In The Court of Common Pleas of Cumberland County, Pennsylvania N0.2008 - 0899 Civil Action - Law. We do solemnly swear or oath affim States and the Consiituti( )that we will SuPPOrk obey and defend on of this Commonwealth and that we th ? e Constitution of the United delity. Will discharge the duties of our, nice S' Marlin R. McCaleb 1 Law Offices - Marlin R. McCaleb Law Fum TIN 23-2393754 219 East Main Street Address Mechanicsburg, PA 17055 citm zip Susan A. Confair Name Law Firm 2331 Market Street Addttas Camp Hill, PA 17011 City, 4 Geor a J. Nam Co t u oulos Law Fitm 10 E, Loather St. Address 1st Fl, Carlisle, PA 17013 COY, 7,ip We, the undersigned afii Award following award: atom' having been duly appointed and swom (or affirmed We find in favor (o otehefd?ge ? delay are awarded, they Shall be s,,,,IY stated.) and a ainst the Date ofHearing_ 10/02/08 Date Of Award: 10/02/08 name if ' Notice of Entry of Award -` Now, the ?L day-of the do? kct entered and at ? nd notice thereof given 2? by mail to the'-' - L•M the above award was ArbitrWrs- co Patties or their attorneys, mPensatio/?]to be paid upon appeal: $ *V, if BY. rt cop)r_HQM' ?.a ?E; .3, Pit Ih THC ! i. 1, r.