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Home My WebLink About09-507217 GARY DAVIS and MAUREEN : IN THE COURT OF COMMON PLEAS OF DAVIS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CAROLE HELY : NO. 2009 -507 CIVIL ACTION - LAW Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 GARY DAVIS and MAUREEN : IN THE COURT OF COMMON PLEAS OF DAVIS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CAROLE HELP : NO. 2009 - Defendant CIVIL ACTION -LAW COMPLAINT AND NOW, this day of'3 L'R , 2009, comes Gary Davis, by their attorney, Jacqueline M. VO ey, Esquire and bringhisacont acct acMau tion reen against the defendant for non-payment of rent in the above-captioned action to recover the sum of $8952.00 with interest from May 1, 2009 and in support thereof represents the following: 1 • The plaintiffs are Gary Davis and Maureen Davis, adult individuals, sui juris, who reside at 172 Faith Circle, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant is Carole Hely, an adult individual, sui juris, who resides at 8 Rockwell Court, Carlisle, PA 17015. 3. The plaintiffs are the owners of real estate located at 21 Dannah Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 4. On or about June 19, 2007, the Plaintiffs and Defendant entered into a lease agreement for the property located at 21 Dannah Drive, Carlisle, PA. 5. Under the terms of the lease agreement, Defendant was to pay the plaintiffs, $3,600.00 per month for rent. 6. Defendant vacated the premises on July 15, 2009. 7. Defendant had a contractual obligation to pay the rent in accordance with the lease agreement. 8. Defendant has breached the lease agreement by failing to pay rent for May, June, and fifteen days of July, 2009. 9. Defendant presented a check in the amount of $3,600.00 on June 12, 2009 for payment of June's rent. Said check was returned by Plaintiffs' bank for insufficient funds. Plaintiffs' bank charged the Plaintiffs $10.00 for the returned check. 10. As a result of Defendant's breach of contract, the Plaintiffs have suffered a loss of $8952.00. 11. Plaintiffs have demanded payment of said amount, but the defendant has refused to pay plaintiffs. 12. Paragraph 47 of the lease agreement requires the Tenant (Defendant) to pay all legal fees, court costs, sheriff's fee and other costs that the Landlord has to pay as a result of a breach. 13. Plaintiffs have incurred costs to pursue this matter and seek payment of actual costs and fees in accordance with the lease agreement. WHEREFORE, plaintiffs request: L Judgment against defendant in the amount of $8952.00 with interest on such amount as allowed by law from the date of May 1, 2009 until paid; 2. Attorney's fees; 3. Filing Fees; 4. Sheriff's costs; 5. Such other and further relief as the court deems just and proper. Respectfully submitted, Date: ? -.2 $acViinee M. Verney, Esquire #231 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiffs VERIFICATION I verify that the facts included in the within Complaint are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to authorities. Dated: '7 P- /DQ G is Mau en Davis E=11.??a ,?1 ?? OF THE ^:?t?Y 2009 JUL 24 Fiji 1.4 6 Lv; PO AIT4 CAI,W oil-SO PIT # .12-3413 Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ??tr ?ti?a?br/ te. OFFitE OF 7,'E SwERIFF FILL J.. , OF T_;Y 2009 JUL 31 P; N 2: 01 C! tr e Gary Davis vs. Carole Hely Case Number 2009-5072 SHERIFF'S RETURN OF SERVICE 07/28/2009 05:10 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 28 2009 at 1710 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Carole Hely, by making known unto herself personally, defendant at 8 Rockwell Court Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.84 SO ANSWERS, July 29, 2009 R THOMAS KLINE! GHERIFF uty S GARY DAVIS and MAUREEN DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CAROLE HELY, : NO. 2009- 5072 CIVIL ACTION - LAW Defendant DEFENDANT'S ANSWER TO COMPLAINT AND NOW, this day of August, 2009, comes the Defendant, Carole Hely, by and through her attorney, Lindsay D. Baird, Esquire, and avers the following in support of her answer: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part and denied in part. Admitted that Defendant has been unable to pay the rent due. Denied that it is an intentional breach. 9. Admitted and Defendant is willing to pay service charge. 10. Admitted that Defendant owes Plaintiffs past rent. 11. Admitted in part and denied in part. Admitted that Plaintiffs have sought payment. Denied that defendant refuses to pay, Defendant is unable to pay at this time as her income is in the nature of spousal support which her husband is not paying. Ib 12. Admitted in part and denied in part. Admitted that paragraph 47 owes said fees and costs if lease is "broken". Defendant denies intentional breach of contract. Defendant is unable to pay until her spousal support is received. Once received, Defendant will have well in excess of amount owed Plaintiffs. 13. Admitted that Plaintiffs seek payment. WHEREFORE, Defendant respectfully requests this Honorable Court grant her an extension of time in which to pay Plaintiffs the money owed. Respectfully submitted, GLC Y SI?CC G -- indsay D. Ba'r , Esquire D# 72083 37 South Hanover Street Carlisle, PA 17013 717.243.5732 i I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS §4904 relating to unsworn falsification to authorities. Carole S. Hely, Defendant i CERTIFICATE OF SERVICE I hereby certify that on this &?' day of August, 2009, a true copy of the foregoing was to be delivered in person or by first class mail to: The Prothonotary One Courthouse Square Carlisle, PA 17013 Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 For the Plaintiffs ;ts1C?CZL ndsa D. y Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 Attorney for the defendant FILL D =i ;ICE OF TE {IE 1; [, 'CA , 10TARY 20,39 AUG 26 P ii 2: 10 CU"r,; I iY