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HomeMy WebLinkAbout09-6135MM EALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 09- (, i35 CIV?? Ier M 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. 7121 Olde Scotland Road ATE OF JUDGMENT M THE 5A OF 09-3-01 1 Harold E. Bender Shi ve CV-189-09 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 100138. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. son tumorPm dwndwy-Dw* PA 17257 was Claimant (see Pa. R. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. 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 Ryan Helcoski, et al. appellee(s), to file a complaint in this appeal Name Of BAP"Ws) (Common Pleas No. ?? ?„ 135 CGV( I ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Trm ` Signature of appsa-t or allomey or agent RULE: To Ryan Helcoski, et al. , appellee(s) Name of appellWs) (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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: I , .200q S Pme mnotary or Depdy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE *. _ PROOF OF $ERVIG9 OflOWCE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED IArI?HrN EN'(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 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 of official before whom affidavit was made Title of official My commission expires on 20 lpv J,LLV Od st' &L VINVAIASNN3d hf.Nf1oo ct-ylv-NMO 8 s --Z did b- d3S 6W AW1 JO Signature of of ent COMMONWEALTH OF PENNSYLVANIA COUNTY OF: C0?=RLi1ttD Mag. Dist No.: 09-3-01 MDJ Name: Hai. 811>itOLD R. H83IDPR Addres: 35 K ORA1N0,>e 8T 88IPP=6BT=' PA Telephone: (717) 532-7676 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF. NAME and ADDRESS %M==1' RYAN, !T AL. 5 LAST =IM ST APT/BT= 21 BBIPPBRBBDRO, PA 17257 L VS. DEFENDANT: NAME and ADDRESS 17257-0361 %X9=R, DOOfi, ST AL. 7121 OLD! BCOTLUM ROAD BB;IPPRMVag, PA 17257 1 J TROY WX5ZR L J 7121 OLD= SCOTLAW ROAD Docket No.: CV-0000189-09 9XXW RS317m, PA 17257 Date Filed: 7/10/09 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAIII X" (Date of Judgment) 8110109 © Judgment was entered for: (Name) 8=LCO9XX, RYAN, !T AL. © Judgment was entered against: Name NX8=R, :TROY (4t6" ba? in the amount of $ 604.7) F] Defendants are jointly and severally liable. Damages will be assessed on Date & Time F]This case dismissed without prejudice. F]Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 480.00 Judgment Costs $--324775 Interest on Judgment $ Attorney Fees $ Total $ 604.75 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CML DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CML 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. Ala--69 Date , Magisterial District I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2012 AOPC 315-07 Magisterial District Judge SEAL DATA PR33MSD: 8/11/09 8:56:00 An ?r rw? `I *1ot? Postal Service U.S. Postal Service-r. CERTIFIED MAILT. RECEIPT CERTIFIED MAILT. RECEIPT r` (Domestic Only; (Domestic mail only, No insurance coverage Pro,, C11 11rZil: 11 1--=1 ir-71XV-1i r.ml7r-Tv AM. ?t it _ -- + --- - - [J?? 4 O O 9arle ? S , ? ? ? O Postage ?CU ,O d ee j SO certified Fee .1 D I + - F e 4 ;?eturn gecei t r-ee 4 0 Return Receipt Fee 30 O !Enr -sementRequiredi ! a • „JO - ?' v UryjT O (Endorsement Required) -? ^y t Fee i - Res •icted Delivery Fee r __ _ _--- 4w-Q Restricted Delivery iFn rsE men t Requiredt ! Ca•? 0 (Endorsement Required) M Total Postage & Fees L$ 5 r IT m Total Postage & Fees co S o FSe-n-- t To n E t-01 co s??p if A . No1',C ? eet, A . N or PO No. 3,? Y!./4`S .Box ?___ ..... ____ _ _ _____________City, StlRj 4 y, Stat, $1R+4 : ?, . See Reverse for Instructions PS Form ?0 PS Form 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 COUNTYOF Cumberland ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Plea 0 9 - 613 5 pon the District Justice designated herein on (date of service) Sept. 10 2009 , ? by personal service 0 by (certified)lfr mail, sender's receipt attached hereto, and upon the appellee, (name) Ryan H e 1 c o s k i on Sept. 10 20 09 ? by personal service ® by (certified) r mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFOR E T 10th p . F Sept . 20 Signature of a/fiant Signa a of offici be re it was ma Trtle o/ official My commissio xpires on COMMON vvt_1`t uP PEtvs'a9YLVANIA F ?j Jennifer S. Lin ;say, Notary Public+ ` t Carlisle Boo, Cunlberiand County ` -` -d M My Cixnnt e?; *I Expire Nov. 29, 2011 Member, Pear. .~ s W4on of Notaries : _ • pp.. i i IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA Ryan Helcoski : No. 09 - 6135 Plaintiff : Civil Action - Law Vs. Troy Wiser, et al 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 JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR ANY OTHER CLAIM FOR 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 BELLOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND BAR ASSOCIATION 32 SOUTH BEDFORD ST. CARLISLE, PENNSYLVANIA (717) 249 -3166 1 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA Ryan Helcoski : No. 09 - 6135 Plaintiff : Civil Action - Law Vs. Troy Wiser, et al Defendant COMPLAINT 1. Plaintiff is Ryan Helcoski, an adult individual, who resides at 5 East King Street, Apartment 21, Shippensburg, Cumberland County, Pennsylvania. 2. Defendants are Doug Wiser and Troy Wiser, an adult individual, who resides at 7121 Olde Scotland Road, Shippensburg, Cumberland County, Pennsylvania. 3. Defendant leased real property to Plaintiff; 27 North Earl Street, Shippensburg, Cumberland County, from the 4th of June 2008 to the 22nd of May 2009. 4. Plaintiff was required to pay a sum of $650 each month for rent and complied with terms set forth in the lease. Plaintiff was also required to pay a security deposit of $650 before the beginning of the lease. Security deposit was paid on the 7th of May 2008 (see last page of attached lease). 5. Before leasing property to the Plaintiff the mother of the Defendant made sure to alter one clause to allow Plaintiff to keep any number of pets. According to official lease, clause 4 does not apply (see second page of lease clause 4). Plaintiff and Defendant then signed said lease with altered clause (see last page of lease). 6. Upon beginning of lease, Plaintiff noted the property to be poorly kept. Carpets in particular were old, several guests commented on the musty smell of the apartment, building jacks were used to hold the basement up, exposed pipes broke several times, heat was not available in the bathroom, and sidewalks were rarely cleared of snow although it was specified to be part of the landlord's duty (see third page, clause 17 of attached lease). 7. During the term of lease, a sewage pipe from the Plaintiff's upstairs neighbors overflowed above the Plaintiff's hallway spilling raw sewage on the walls and floor twice. 8. Plaintiff left property on May 22nd 2009 in the same conditions that it was leased, however, the smell of sewage and damage done to the carpet by the sewer pipe were impossible to remove. This was in no way the fault of the Plaintiff or was in anyway something the Plaintiff could have prevented. The damage done to the carpet was the fault of the piping system set-up before the Plaintiff's arrival. Defendant was given a full Thirty one (31) days to respond to Plaintiff in regards to a security deposit, that was deposited by Plaintiff the beginning of the lease. Defendant refused to return any amount of the security deposit claiming the defendant had done committed over $1,200 worth of damage to the carpet and that all carpets needed to be replaced. 10. Plaintiff took Defendant to the District Court of Shippensburg (Mag. No. 09 - 3 - 01) on August 10th 2009 and ruling was granted in Plaintiffs favor for a sum of $604.75 (see attached Notice of Judgment) 11. While in court it was discovered Defendant had been using his mother a Doris L. Heberlig as a landlord without any official licensing. District Judge stated her signing the lease and acting as landlord was illegal and did not allow Doris L. Heberlig to make statements against Plaintiff considering she did not own the property or have a real-estate license. Troy Wiser also admitted in court that Tenants were forbidden to have access to their own breaker box in the basement. District Judge stated this was also illegal and that according to PA law, all tenants must have access to their own breaker boxes. 12. Defendant refused to pay the sum set forth by the District Court of $604.75 and made an appeal to the Court of Common Pleas. WHEREFORE, Plaintiff prays your Honorable Court enter judgment in his favor and against the Defendant in the amount of $604.75 Date:3? / t Ryan Helcoski VERIFICATION Ryan Helcoski herby states that he is the plaintiff in this action and that the statements of fact are true and correct to the best of his information and knowledge. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unssworn falsification to authorities Date: / J ` 27/Q ?? Ryan Helcoski v4-tagq Landlord Phone: 479'-prg6 a -1.I,eB Address: 7Y,?/ &dtl vat al-1 -1146 - Troy LEASE THIS LEASE made this 7-d? day of e&1-4k , 20Q&__ BETWEEN, 7rqu L . \0,.& I bnz s L- 0-c6rt t R hereinafter called the Landlord AND Hereinafter called the Tenant, WITNESSETH, that the Landlord, in consideration of the rents and covenants hereinafter mentioned, does demise and lease to the Tenant to be used as a residence only, the following premises: TO HAVE AND TO HOLD unto the said Ter&t, subject to the conditions of this Agreement for the term beginning on the -qtb day of -r , 20p _, And ending on the $I day of , 200 IN CONSIDERATION OF WHICH, the Tenant agrees to pay to the Landlord, for the use and occupancy of the above described the full sum of $ gGL7.'° payable as follows: +h. 14t 1l?., of PAIRL .......?L AS A FURTHER CONSIDERATION for the use and occupancy of the said premises, the Tenant hereby agrees to keep faithfully and to be bound by the following covenants, conditions and agreements: Each person signing this Lease as Tenant covenants and agrees to be jointly and severally liable for the full amount of the agreed upon rental referred to above. 2. The Tenant shall, upon execution hereof, d osit with the Landlord as security for the performance of all terms, covenants and conditions of this lease, the full sum of $_ (pwo This deposit is to be retained by Landlord until the expiration of this lease, up to a period of 30 days thereafter, and shall be returnable to Tenant provided that 1 Premises have been vacated Landlord shall have inspected the premises after such vacation and Tenant shall have complied with all the terms, covenants and conditions of this lease, in which event the deposit so paid hereunder shall be returned to Tenant; otherwise, said sum deposited hereunder or any part thereof may be retained by Landlord at his option, as liquidated damages, or may be applied by Landlord against any actual loss, damages or injury chargeable to Tenant hereunder or otherwise, if Landlord determines that such loss, damage or injury exceeds said sum deposited. Landlord's determination of the amount, if any, to be returned to Tenant shall be final. It is understood that the said deposit is not to be considered as the last rental due under the lease. 3. , The said premises are to be kept and maintained in as good repair and condition as at present and at the expiration of this lease, they are to be surrendered in like repair and condition, natural wear and damages happening by fire, storm or other casualties, only accepted. 4 Os Tenant agrees to keep no pets of any kind upon the premises without the oo? P 4N,{ expressed written consent of the Landlord. 'Q.+. The Landlord covenants and agrees to provide and pay for the following utilities: Q-1edrie.._ 4-Ajafir,k¢a4 }tra4 sewer The cost of any other utilities is to be borne solely by the Tenant herein. 6. Tenant agrees to keep the premises, including the yard in front and back of the X premises, in a ciM and sat ?tary condition, and all tra or other garbage which may accumulate thereon during the term are to be removed, and in the case of failure to remove the same the Landlord may collect as rent due and in arrears double the cost of removal. 7. Nothing shall be done upon said premises contrary to the conditions of the policies of insurance upon the building thereon whereby the hazard may be increased or the insurance invalidated, neither the whole nor any portion of the said premises shall be sublet, nor shall this lease or any interest therein be assigned, nor shall the Tenant remove or attempt to remove from said premises during the term of this lease, without the expressed written consent of the said Landlord. 8. The Landlord covenants and agrees to make any necessary repairs to the premises during the term of this lease. Tenant agrees not to contract for the making of repairs without the expressed written consent of the Landlord. 9. The Landlord expressly reserves the right to enter upon the premises at reasonable times for the purpose of making necessary inspection, repairs or to show the same to prospective purchasers or tenants, and may display "for rent" cards thereon. 10. The removal of any goods from the premises, whether by day or by night, without the written consent of the Landlord, shall be deemed a clandestine and fraudulent removal and such goods shall remain liable to distress for a period of thirty days after such removal, whenever they may be found. 11. If default shall be made in the payment of any part of the said rent after the same becomes due, or in the case of a breach or evasion or any attempt to break or evade any other covenants or conditions of this agreement, the entire rent reserves for the full term of this lease remaining unpaid shall become due and payable at once and may forthwith be collected by distress or otherwise, and at the same time the Landlord may forfeit and annul the un-expired portion of this lease and enter upon and repossess the said premises with or without process of law, and without giving any notice whatsoever. 12. Acceptance by the Landlord of any of the said rent at any time after the same shall become due, after default has been made in payment thereof, Or any failure to enforce any of the rights herein reserved to the Landlord, or any of the penalties, forfeitures or conditions herein contained, shall not in any way be considered a waiver of the right to enforce the same at any time without any notice whatsoever, and any attempt to collect the rent by one proceeding shall not be considered as a waiver of the right to collect the same by any other proceeding, but all rights of the Landlord and all forfeitures, penalties and conditions may be enforced together or successively at the option of the Landlord. 13., The Tenant agrees that no other erson or persons shall occupy and live on the premises witfiotit tthe expressed written consent of the Landlord. 14. Tenant agrees to refrain from painting any part of the rental premises and agrees not to use nails, tacks, hooks, tape or any other harmful object on the walls, ceilings or floors of the rental premises without the expressed written consent of the Landlord. 15. Tenant shall not make or permit any disturbing noises to be made in the building by themselves, members of their family, guests, visitors, agents, servants or licensees nor do or permit anything to be done that will interfere with the rights, comforts or conveniences of other persons in the surrounding neighborhood. 16. Tenant agrees that there shall be no assignment or subletting of this lease without the expressed written consent of the Landlord. 17. The Landlord covenants and agrees to keep the lawn mowed and to clear the walkways from snow and debris when necessary. 18. No kerosene or gas heaters of any kind are permitted on said premises. 1 The Tenant is required to obtain renters insurance and show proof of certificate for such, and maintain said insurance for the duration of their lease. 20. The Prothonotary or any attorney of any-Court of Record of Pennsylvania is hereby authorized to appear for and confess a judgment against the said Tenant and in favor of the said Landlord for the whole amount of said rent as hereinbefore set forth with costs and attorney's commission of five percent (5%) and without stay of execution and waiving inquisition and exemption laws. Tenant further agrees to reimburse Landlord for any additional cost incurred by Landlord due to Tenant's late payment of rental of any other costs called for under the lease agreement, said payments to be considered as additional rental due and paid for. 21. The said Tenant hereby waives the usual notice to quit, and agrees to surrender said premises at the expiration of said tern, or the termination of this lease without any notice whatsoever, and upon any proceeding instituted for the recovery of said rent, either distress or otherwise the said Tenant waives the benefit of all appraisement, stay and exemption laws, the right of inquisition on real estate, and all bankruptcy or insolvency laws not in force or hereafter passed. 22. Upon the breach of any of the covenants or agreements of this lease or upon its termination by forfeitures, default or attorney expiration the Prothonotary or any attorney as aforesaid is hereby authorized to appear for and to confess judgment in an amicable action or ejectment against the said Tenant and in favor of the said Landlord for the premises herein described, and to direct the immediate issuing of a writ of habes facias possessionem with clause of fieri facias for costs and attorneys commission, waiving all irregularities, without notice and without asking leave of the court. 23. It is further agreed that the terms and conditions of this agreement and lease shall in no way be changed or altered except by a writing signed by all parties hereto, and if the said Tenant shall continue in possession of the said premises after the expiration of said term, at the option of the said Landlord such holding over may be held and deemed a renewal of agreement for another like term, the same as though a new agreement of leasing, identical with this, had been executed and delivered by the said parties hereto for a succeeding term. 24. The conditions of this Agreement shall extend to the administrator and executors of all parties hereto. 11 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seal the day and year first above written. WITNESS: t ?•?? (SEAL) J L Landlord ?C??2i 5 L • I7?///`Ii`-- 05- a?cri (SEAL) 17 4 Landlord (SEAL) Tenant Tenant (SEAL) Tenant (SEAL) Tenant (SEAL) Tenant Tenant A "`E pes.s PL 'k X70 6 E - 7c?SS3 ri^mk#., MoJtl, color i4ohV a fLtAl5t x Ir=var.6 { ;cewaa # P, 7 9 5 1 E1q H (SEAL) 3' 01,0S r COMMONWEALTH OF PENNSYLVANIA • COUNTY OF: CMMZRIJM Mag. Dist. No.: 09-3-01 MDJ Name: Hon. HAROLD B. BBNDBR Address: 3.5 N ORANGE ST SHIPPENSBURG, PA Telephone: (717 ) 532-7676 17257-0361 RYAN HBLCOSKI 5 BAST KING ST APT/STE 21 SHIPPENSBURG, PA 17257 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS RYAN, BT AL. FEBLCOSKI , 5 BAST KING ST APT/STS 21 SHIPPERSBURG, PA 17257 L -? VS. DEFENDANT: NAME and ADDRESS r*XSER, DOUG, BT AL. 7121 OLDS SCOTLAND ROAD SHIPPENSBURG, PA 17257 L J Docket No.: CV-0000189-09 Date Filed: 7/10/09 Ala THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) ® Judgment was entered for: (Name) HBLCOSKI, RYAN, BT AL. 8/10/09 ® Judgment was entered against: (Name) WISER, TROY in the amount of $ 04.7 F] Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. F1 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ $ 480.00 $124.75 $ .00 $' .00 Total Post Judgment Credits Post Judgment Costs $ 604.751 Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OME COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 7 1Q-Oq Date , Magisterial District J I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2012 AOPC 315-07 DATE PRINTED: 8/11/09 , Magisterial District Judge 8:56:00 AN SEAL r QT 7N: 2G99 sEP I9 F ic: 2 f ry t ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ryan Helcoski : No. 09 - 6135 Plaintiff : Civil Action - Law Vs. Troy Wiser, et al Defendant CERTIFICATE OF SERVICE On Tuesday, September 29, 2009, at 3:58 at 4:15 PM I, Ryan Helcoski, Plaintiff herby certify that I have this day sent a copy of complaint by depositing a copy certified by the Prothonotary office of Cumberland County of the same through certified mail by the United States Postal Service, postage paid at the Shippensburg Post Office, Shippensburg, Pennsylvania, 17257 to: Troy Wiser 7121 Olde Scotland Road Shippensburg, PA 17257 Certified mailing copies attached Date Ryan Helcoski Post U al Service . IPT ERTIF IED MAIL . RECE ce Cov erage Prov ided) mestic M ail Only: No Insuran r wetsrte at w t ww.usps dam' in 'Alf ou formation visi :i ?c.? - r i--- w. of ?t C3 Postage $ s. Certified Fee ru C3 Return Receipt Fee (Endorsement Required) C3 C3 Restricted Delivery Fee (Endorsement Required) C3 -0 Total Postage & Fees r-1 0r C3 C3 f? M N O Y ? 1. f 1 F? £g FH/S SECTION item 4 .Q nmrrs r L, 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 back of the maiiplece, or on the front if space permits. 1. Art icle Addressed to: Tro? Uj ser 71 Z 5? ?d kid, s1'W P-hs bvry I oA- f 1 2.5 $0.40 Postmark Here A. Signature X ? Agent ? Addre B: Received by ? Na.?re) , C. to of Deis 14: 10 D. is delivery address dnnnt from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type ? Certified Mail ? Express Mail C3 Registered ? Return Receipt for Merchandise O Insured Mall ? C.O.D. 4. Restricted Delivery? (Exba Fee) ? Yes ?..unris rrftm 7004 1680 0002 4067 3771 P5 Form 3811, February 2004 Domestic Return Receipt 102595.0244-1540 m 0.n 1 09129nm x RYAN HELCOSKI, Plaintiff V. TROY WISER, et al Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6135 CIVIL TERM CIVIL ACTION-LAW NOTICE TO PLEAD TO: Ryan Helcoski 5 East King Street, Apt. 21 Shippensburg, Pennsylvania 17257 You are hereby notified that you have twenty (20) days in which to plead to the enclosed Answer To Complaint and Counterclaim or a Default Judgment may be entered against you. O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire Date: October 20, 2009 I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 P RYAN HELCOSKI, Plaintiff V. TROY WISER, et al Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6135 CIVIL TERM CIVIL ACTION-LAW ANSWER TO COMPLAINT WITH COUNTERCLAIM AND NOW, come the defendants, by and through their attorney, Michael A. Scherer, Esquire, and respectfully answer the complaint as follows: 1. Admitted. 2. Admitted as to defendant Troy Wiser. Denied as to defendant Douglas Wiser, who resides elsewhere in Shippensburg. 3. Admitted. Sarah Dombroski was also a tenant as per the lease which is attached to the Complaint. 4. Admitted that the monthly rent was $650.00 per the lease. Admitted that plaintiff paid $650.00 each month rent was due. Admitted that plaintiff paid the security deposit of $650.00. 5. Denied. When plaintiff leased the property he had two cats, which he stated he would not have when he moved into the apartment. Plaintiff was advised that if he were to have pets, the rent would be $25.00 additional for each pet, up to the two pets (2 cats) that plaintiff then had but intended not to have when he moved in. However, plaintiff was concerned that he may not be able to find a place for his cats so he wanted the lease amended to allow for animals, which was done with the understanding that the rent would be $25.00 extra per month per animal, up to a total of two cats. ir 6. Denied. The apartment was clean and all systems worked properly. Plaintiff did not direct landlord to make any changes or repairs at the time of move-in. The carpets were the same carpets in place when plaintiff viewed the premises when considering to lease it; any musty smell may have been from the apartment being closed up between rentals. Denied there were any structural problems in the basement. The pipes broke in the bathroom of plaintiffs apartment in March, 2009 when plaintiff was away and left the bathroom door closed against the directions from the landlord. The pipes were fixed by the landlord immediately upon notification from tenant. A tenant in the unit above Plaintiff had a toilet that overflowed and some water ran into Plaintiffs apartment and made his carpet wet but there was no broken pipe or other plumbing repair required as a result of this toilet overflow. Admitted that there is not a heat source in the bathroom in Plaintiffs unit; nothing prevented Plaintiff from using a space heater in that room if he desired. Denied that the sidewalks were not cleared of snow. 7. Denied. See answer to paragraph six above. Defendant is unaware of a toilet overflow on more than one occasion. Plaintiff did complain of a water leak under the kitchen sink, which landlord's plumber promptly investigated, and determined that there was no leak to fix. 8. Denied. The smell Plaintiff is referring to was cat urine. Several prospective tenants who viewed the property after Plaintiff vacated it would not rent the apartment because of the cat urine smell. 9. Admitted. In addition, several other items needed replaced after Plaintiff vacated. 10. No responsive pleading is required. 11. No responsive pleading is required. 12. Admitted. COUNTERCLAIM 13. At least five prospective tenants refused to lease the property after Plaintiff vacated because of the cat urine smell. 14. Plaintiff had five cats in the apartment during his occupancy. Plaintiff was directed to reduce the cat population to two in accordance with Plaintiff's representations at the commencement of the lease. In addition, Plaintiff was notified that he would have to pay $25.00 per month extra for each cat and after tenant complained that he couldn't afford it he was not made to pay extra for the cats. 15. As a result of the Plaintiffs cats urinating on the carpets within the apartment, landlord was forced to replace the carpets in the apartment at a cost estimated at $1,537.00. 16. Landlord purchased three new blinds for the apartment at a cost of $50.00 because the cats destroyed the existing blinds. 17. The Plaintiffs cats had defaced two doors within the apartment and the cost to repair the doors is estimated to be $100.00. 18. The curtain in the kitchen window was covered with cat hair, and it was impossible to wash the cat hair out of the curtain. The new curtain cost the landlord $20.00. 19. Plaintiff did not remove the trash from the apartment when it was vacated and landlord was forced to do so. Also, landlord was forced to replace two trash cans that plaintiff used which were smashed. The cost for these items was $55.00. 20. Landlord was required to pay $180.00 for cleaning for the apartment when Plaintiff vacated. Landlord had to replace the sink stoppers in the kitchen sink and all four burners on the stove, which is included in the cost of cleaning. WHEREFORE, Defendant respectfully requests that judgment be entered against plaintiff in the amount of $1,942.00 for the damages he caused to the rental unit during his occupancy. Respectfully submitted, O'BRIEN, BARIC & SCHERER 4 lfw"6ex-l Micha A. cherer, Esquire I. D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 1. P VERIFICATION The statements in the foregoing Answer are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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 falsifications to authorities. DATE: (y O GT 6 J !:?' f '?q' Troy Wiser CERTIFICATE OF SERVICE I hereby certify that on October 20, 2009, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, did serve a copy of the Answer To Complaint and Counterclaim by first class U.S. mail, postage prepaid, to the party listed below, as follows: Ryan Helcoski 5 East King Street, Apt. 21 Shippensburg, Pennsylvania 17257 2009OCT 20 PH 2: 3?? cu! j I RYAN HELCOSKI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-6135 Civil TROY WISER and DOUG WISER, Defendants Civil Action -Law PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Evan C. Pappas, Esquire, and the law firm of Shumaker Williams, P.C., as counsel for Plaintiff, Ryan Helcoski, in the above-captioned matter. S IAMS, Dated: tk q(e>7 By van C. Pappas, I.D. #200103 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff :226000 CERTIFICATE OF SERVICE I, Evan C. Pappas, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Praecipe for Entry of Appearance by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Michael A. Scherer, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, PA 17013 Attorneys for Defendants Troy Wiser and Doug Wiser SHUMAI ILLI C. Dated: f b`? By l van C. Pappas P.O. BOX 88 Harrisburg, PA 17108 (717) 763-1121 FILED-CIF I'DE OF TN- Pc,I. }TARY 2009 NOY -5 Pty I: 48 CU?r, i" RYAN HELCOSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. TROY WISER and DOUG WISER, Defendants : No. 2009-6135 Civil Term CIVIL ACTION -LAW STIPULATION TO AMEND COMPLAINT NOW COMES Plaintiff, Ryan Helcoski, and Defendants, Troy Wiser and Doug Wiser, by and through their counsel, who respectfully file this Stipulation to Amend Complaint and in support thereof aver that: 1. Counsel for the Plaintiffs and counsel for the Defendants have agreed and stipulated pursuant to Pa.R.C.P. 10-33, that the Plaintiff is permitted to amend his Complaint and that such Amended Complaint shall be filed on or before December 11, 2009. SHUMAKER WILLIAMS, P.C. By Evan C. appas, I.D. 00103 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 O'BRIEN, BARIC & SCHERER By i Michael A. Scherer, I.D. #61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorneys for Plaintiff Attorneys for Defendants :226389 2009 NOV 24 "i'3 1: 2 6 V .~ RYAN HELCOSKI, Plaintiff v. TROY WISER and DOUG WISER, Defendants ~e 2 z Zoo ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2009-6135 Civil Term CIVIL ACTION -LAW ORDER AND NOW, this ~2~ day of 2010, upon consideration of Plaintiff s Petition to Make Order/Rule to Show Cause Absolute, IT IS HEREBY ORDERED that Plaintiff is granted leave to file an Amended Complaint and that the caption of this action shall be amended to reflect the joinder of Sarah Helcoski as a Plaintiff, the joinder of Doris Heberlig as a Defendant and the removal of Doug Wiser as a D a J. D~ bution: ~C. Pappas, Shumaker Williams, P.C., P.O. Box 88, Harrisburg, PA 17108 ichael A. Scherer, Esquire, O'Brian, Baric & Scherer, 19 West South Street, Carlisle, PA 17013 3 n r~ rU a -- =--, ..~ 1,~, , -~ ---~ r a 3 ~ ~ ~ ~:;, ~„ ate ~~ , ( ~~ ~; ~- ,, ,. ~ -~ --~ : ' ~ :~ -- c~ ;.5 r..~ ~_': a ~,~ ~ ;~ -- ~.. A :.c ORIGINq~ RYAN HELCOSKI and SARAH IN THE COURT OF COMMON PLEAS OF HELCOSKI, f/k/a SARAH DOMBROSKI, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. TROY WISER and DORIS HEBERLIG, Defendants n r_w 'U !~ T? No. 2009-6135 Civil Term ~4' ~.~ u~` ~,~ CIVIL ACTION -LAW ~;' ~ ~ NOTICE N s r -~, n~ m ~, -., ~~ ~." ~~ .~ ~ :~ c~~ ~- ._,; r~7 c=> m --c 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 (800) 990-9108 AVISO 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 comparecencia 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 action 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 reclamation 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. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED 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 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 S KER WI , P.C. Dated: March 1, 2010 By van .Pappas, I.D. #200103 P.O. Box 88 Harrisburg, PA 17108 (717)763-1121 Attorneys for Plaintiffs RYAN HELCOSKI and SARAH IN THE COURT OF COMMON PLEAS OF HELCOSKI, f/k/a SARAH DOMBROSKI, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No. 2009-6135 Civil Term TROY WISER and DORIS HEBERLIG, :CIVIL ACTION -LAW Defendants SECOND AMENDED COMPLAINT NOW COME Plaintiffs, Ryan Helcoski and Sarah Helcoski, f/kla Sarah Dombroski (hereinafter collectively referred to as "Plaintiffs") by and through their attorneys, Shumaker Williams, P.C., and respectfully state and aver the following against Defendants, Troy Wiser and Doris Heberlig: PARTIES 1. Plaintiff Ryan Helcoski is an adult individual with a current residential address of 5 East King Street, Apt. 21, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Plaintiff Sarah Helcoski f/k/a Sarah Dombroski is an adult individual with a current residential address of 5 East King Street, Apt. 21, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Defendant Troy Wiser is an adult individual with a last known address of 7121 Olde Scotland Road, Shippensburg, Cumberland County, Pennsylvania 17257. 4. Defendant Doris Heberlig is an adult individual with a last known address of 7121 Olde Scotland Road, Shippensburg, Cumberland County, Pennsylvania 17257. FACTS 5. On or about March 7, 2008, a Lease was entered into between Ryan Helcoski and Sarah Dombroski (as Lessees) and Troy L. Wiser and Doris L. Heberlig (as Landlord(s)), for the premises located at 27 North Earl Street, Shippensburg, PA 17257 (the "Premises") from June 4, 2008 through May 22, 2008. A true and correct copy of the Lease is attached hereto as Exhibit «A ,~ 6. It is believed and therefore averred that Defendant Doris Heberlig is not an owner of the Premises, but at all times was acting as an agent of the owner and was at all times acting as the Landlord. 7. Pursuant to the terms of the Lease, Plaintiffs provided Defendants with a security deposit in the amount of $650.00 at the time of execution of the Lease, which amount was to be returned to Plaintiffs within thirty (30) days following the expiration of the Lease. 8. According to the Lease, the Premises was to be "kept and maintained in as good repair and condition as at present and at the expiration of this lease, they are to be surrendered in like repair and condition." See Exhibit "A" at ¶3. 9. The Lease also provided that natural wear and other damages are acceptable. See Exhibit "A" at ¶3. 10. When initially discussing rental of the Premises with the Landlord, Plaintiffs disclosed that they owned two cats. 11. At that point the Landlord stated that no animals would be permitted in the Premises. 2 12. Sometime later, Plaintiffs learned that Landlord would be willing to rent the Premises to Plaintiffs despite the fact that Plaintiffs owned cats. 13. Based in part on the fact that Plaintiffs owned cats, the Landlord increased the monthly rent to $650.00. 14. Consistent with the Landlord's representation that cats would be permitted in the Premises, Landlord expressly noted that paragraph 4 of the Lease (the "no pets clause") would not apply to Plaintiffs. See notation on Exhibit "A" at ¶4. 15. Contained nowhere in the Lease is a provision requiring Plaintiffs to pay a monthly fee of $25.00 per cat. 16. Prior to the beginning of the Lease, Plaintiffs noted that the condition of the Premises was poor. 17. The poor conditions of the Premises included old carpeting, a damp, musty smell, exposed pipes, basement supported by jacks, lack of insulation, painted duct tape on walls, and a locked thermostat casing, among other things. 18. Plaintiffs have also had conversations with prior tenants of the Premises who confirm that the Premises was in deplorable condition and had an odor. 19. Although Plaintiffs were aware of these substandard conditions, they entered into the Lease because they were permitted to have their cats on the Premises. 20. Because Plaintiffs were not able to access their thermostat, they had to live without heat in their apartment until Defendants agreed to turn on the heat. 21. Therefore, the Premises had no heat until the Landlord agreed to turn on the heart and, in fact, the bathroom of the Premises did not initially have any heat. 3 22. When Plaintiffs noted to Defendants that they did not have any heat in the bathroom, they were instructed to purchase a space heater to keep in the bathroom to prevent the pipes from freezing and bursting. 23. In addition, Plaintiffs were not authorized to enter the basement of the Premises where the breaker box was located and were instructed to call Defendant Wiser in case of a power outage or emergency. 24. During the term of their Lease, Plaintiffs also experienced leaking pipes, pipes exploded in the bathroom, the sink in the kitchen leaked constantly, and a stove burner exploded. 25. Plaintiffs were informed by Defendants not to fix or attempt to fix anything in the Premises until after contacting the Landlord, however, Defendants were generally unresponsive and at one point told Plaintiff Sarah Helcoski not to call because Defendant Wiser was too busy. 26. Plaintiffs were instructed to only call Doris Heberlig or her husband with any problems unless there was a "real emergency," at which time they could contact Defendant, Troy Wiser. 27. In addition to the problems inside the Premises leased by Plaintiffs, Plaintiffs also experienced leaking from the apartment above them on at least two separate occasions, which leakage was outside of their control. 28. The leakage from the apartment above them was brown and yellow and appeared to be fecal matter from the bathroom above their apartment. 29. Such fecal matter leaked down the walls of the Premises and soaked into the carpet. 4 30. Plaintiffs attempted to remove the smell from the carpets, but were unable to completely do so. 31. The Landlord was notified of this leakage also and attempted to clean the carpets without success. 32. Trash cans provided to Plaintiffs for the Premises were smashed by neighbors of Plaintiffs. 33. Plaintiffs reported the smashed trash cans to Defendants, but the trash cans were not replaced. 34. Despite the trash cans being smashed by Plaintiffs' neighbors, Landlord attempted to charge Plaintiffs for new trash cans from their security deposit money. See copy of handwritten itemization dated June 23, 2009 attached hereto as Exhibit "B." 35. Due to the floors in the Premises not being level, the doors inside the Premises scratched the floors when they were opened and/or closed. 36. It was necessary for Plaintiffs to open and close the doors in the Premises in order to retain heat in rooms in the Premises. 37. An inspection of the Premises was conducted between Plaintiffs and Defendant Doris Heberlig upon the expiration of the Lease term. 38. During the term of their Lease, Plaintiffs' cats did scratch one area of a wall, which blemish was pointed out to Defendant Doris Heberlig during the inspection of the Premises upon the expiration of the Lease. 39. Defendant Doris Heberlig indicated that Plaintiffs could either fix the scratched area or forfeit their security deposit. 5 40. With the help of Plaintiff Ryan Helcoski's father, the scratched area of the wall was fixed in order that their security deposit would be returned to them. 41. A final inspection of the Premises was conducted by Defendant Doris Heberlig before Plaintiffs vacated the Premises. 42. During that final inspection, Defendant Doris Heberlig indicated that the Premises "looked good," however, she refused to tell Plaintiffs when or if their security deposit would be returned. 43. Prior to vacating the Premises, Plaintiffs provided Landlord with a written notice of their new address. 44. Plaintiffs completely vacated the Premises on May 22, 2009. 45. Following Plaintiffs leaving the Premises, the Landlord sent a written itemization of reasons for the withholding of Plaintiffs' entire security deposit. See Exhibit "B." 46. Said written itemization was dated June 23, 2009. See Exhibit "B." 47. Said written itemization was received by Plaintiffs at the address provided to Landlord. 48. Defendants falsely allege that Plaintiffs had five cats in the Premises. See Exhibit «B „ 49. Defendants falsely allege that four "unnecessary trips" for repairs were made to the Premises, however, such trips were only requested for repair and/or services from Landlord. See Exhibit "B." 50. No provision in the Lease permits the Landlord to charge Plaintiffs or withhold the security deposit due to "unnecessary trips." 6 51. Although Defendants were aware that Plaintiffs' trash cans had been damaged by Plaintiffs' neighbors, Defendants allege those trash cans were damaged by Plaintiffs and, without any notice prior to receiving the June 23, 2009 itemized list, relied on the same as justification for not returning Plaintiffs' security deposit. See Exhibit "B." 52. Defendants allege that blinds in the Premises had to be replaced and such was also a justification for not returning Plaintiffs' security deposit. See Exhibit "B." 53. Plaintiffs allege that such replacement of the blinds was caused by normal wear and tear. 54. Defendants allege that excessive cleaning needed to be performed to the Premises, and such was a justification for not returning Plaintiffs' security deposit. See Exhibit "B." 55. Plaintiffs allege that such cleaning was only due to normal accumulation of dirt following Plaintiffs' vacancy of the Premises, is incident to any vacancy of a tenant, and is not a "damage" which justifies withholding of Plaintiffs' security deposit. 56. Defendants allege damages for replacement of carpeting, padding and labor, and that such was a justification for not returning Plaintiffs' security deposit. See Exhibit "B." 57. Plaintiffs allege that said carpet "damages" were either not caused by Plaintiffs or were caused by normal wear and tear to the carpet as the carpet was already in a used and poor condition when Plaintiffs moved into the Premises. 58. Defendants allege damages to the doors in the Premises, which damage was not caused by Plaintiffs nor known by Plaintiffs. See Exhibit "B." 59. Defendants allege that the curtains in the Premises had to be replaced, which replacement was caused by normal wear and tear. See Exhibit "B." 7 60. Plaintiffs vacated the property and left it in the same condition as it was at the commencement of their Lease term. 61. Plaintiffs believe and therefore aver that no changes were made to the carpet and that no new carpet has been installed. 62. Any need to change the carpet in the Premises was either due to normal wear (as the carpet was not new when Plaintiffs commenced the Lease) or due to the leaking pipes from the upstairs apartment. COUNTI VIOLATION OF LANDLORD TENANT ACT OF 1951 63. Paragraphs 1 through 62 above are incorporated herein by reference as though fully set forth at length. 64. Defendants violated the Landlord Tenant Act of 1951, 68 P.S. §250.512 (2009) by failing to either return Plaintiffs' security deposit andJor provide Plaintiffs with a list of reasons for not returning said security deposit within thirty (30) days. 65. Plaintiffs vacated the Premises on May 22, 2009. 66. Defendants, by way of Defendant Doris Heberlig, provided to Plaintiffs a list dated June 23, 2009, of the damages alleged to have been caused to the Premises by Plaintiffs. 67. Pursuant to the Landlord Tenant Act of 1951, such written list must have been provided to Plaintiffs within thirty (30) days of the termination of the Lease, i.e., June 21, 2009. 68. Because Landlord did not provide a written list of damages to Plaintiffs by June 21, 2009, Defendants forfeit all rights to withhold any portion of Plaintiffs' security deposit and all of Plaintiffs' security deposit was due to be returned within 30 days of Plaintiffs' vacating the Premises. 8 69. Landlord failed to return any amount of the security deposit to Plaintiffs within 30 days. 70. Furthermore, Defendants also forfeit their right to bring a suit, which would include any counterclaims against Plaintiffs for any damages which Defendants may allege have been caused to the Premises. 71. Plaintiffs demand the return of double the amount of their $650.00 security deposit. WHEREFORE, Plaintiffs, Ryan Helcoski and Sarah Helcoski, f/k/a Sarah Dombroski, request that this Honorable Court enter judgment in their favor and against Defendants, Troy Wiser and Doris Heberlig, in the amount of $1,300.00 plus attorneys' fees, interest, costs and such other relief as the Court may deem necessary and appropriate. COUNT II VIOLATION OF UNFAIR FAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 72. Paragraphs 1 through 71 above are incorporated herein by reference as though fully set forth at length. 73. Defendants violated the Unfair Trade Practices Consumer Protection Law, 73 Pa.C.S. §201-1 et seq. ("UTPCPL"), by engaging in fraudulent or deceptive conduct. 74. Pursuant to the terms of the Lease, Plaintiffs paid Defendants a security deposit in the amount of $650.00. 75. Defendants failed to return Plaintiffs' security deposit based on alleged damages to the Premises caused by Plaintiffs. 9 76. Defendants also attempted to add terms to the Lease after the same was executed by the parties in an attempt to justify and impose a monthly charge of $25.00 per cat, per month, which clause was not in the Lease when executed by the parties. 77. Defendants withheld Plaintiffs' security deposit by falsely representing that repairs and/or damages were caused to the Premises by Plaintiffs, which repairs and/or damages were caused by normal wear and tear, were not damages, or were not authorized by the Lease. 78. Defendants withheld Plaintiffs' security deposit by fraudulently misrepresenting that Plaintiffs owed additional money for unauthorized cats in the Premises. 79. The Lease entered into between Defendants and Plaintiffs contained a confession of judgment clause in violation of the UTPCPL. See Exhibit "A" at ¶¶20 & 22. 80. Plaintiffs are consumers of housing services. 81. Defendants' conduct was unfair, deceptive and misleading. 82. Defendants violated the UTPCPL by engaging in fraudulent or deceptive conduct which creates likelihood of confusion or of misunderstanding. 83. Specifically, Defendants have violated the UTPCL, 73 Pa.C.S. §201-2(4), (xv), (viii) and (xxi). 84. Plaintiffs have suffered an ascertainable loss of money as a result of Defendants' unfair and deceptive conduct. 85. Plaintiffs demand the return of $650.00 security deposit, plus treble damages and attorneys' fees. WHEREFORE, Plaintiffs, Ryan Helcoski and Sarah Helcoski, fik/a Sarah Dombroski, request that this Honorable Court enter judgment in their favor and against Defendants, Troy 10 Wiser and Doris Heberlig, in the amount of $650.00 plus treble damages, attorneys' fees, interest, costs and such other relief as the Court may deem necessary and appropriate. COUNT III BREACH OF CONTRACT 86. Paragraphs 1 through 87 above are incorporated herein by reference as though fully set forth at length. 87. A written Lease between the parties exists, whereby Defendants agreed to the return of Plaintiffs' security deposit upon the vacation of the Premises in exchange for the Premises being kept and maintained in as good repair and condition as at the time of execution of the Lease. 88. Defendants breached the Lease by failing to return Plaintiffs' security deposit. 89. As a result of Defendants' breach of the Lease, Plaintiffs are due the return of their security deposit in the amount of $650.00. 90. The Lease also states that any changes shall be in writing and signed by all parties. See Exhibit "A" at ¶23. 91. Landlord attempted to change the Lease after the fact by changing the Lease to add a fee for cats. WHEREFORE, Plaintiffs, Ryan Helcoski and Sarah Helcoski, f/kla Sarah Dombroski, respectfully request this Court to enter judgment in their favor and against Defendant, Troy Wiser, in the amount of $650.00 plus attorneys' fees, costs, and any other relief this Court may deem necessary and appropriate. 11 COUNT IV UNJUST ENRICHMENT 92. Paragraphs 1 through 91 above are incorporated herein by reference as though fully set forth at length. 93. Plaintiffs provided Defendants a benefit by paying a security deposit to Defendants in the amount of $650.00. 94. Defendants accepted and retained such benefit and have refused to return Plaintiffs' $650.00 security deposit. 95. Defendants have been unjustly enriched in the amount of $650.00 based on their failure to return said funds. WHEREFORE, Plaintiffs, Ryan Helcoski and Sarah Helcoski, f/k/a Sarah Dombroski, respectfully request this Court to enter judgment in their favor and against Defendants, Troy Wiser and Doris Heberlig, in the amount of $650.00 plus attorneys' fees, costs, and any other relief this Court may deem necessary and appropriate. Respectfully Submitted, SHU KER WILLIAMS, P.C. Dated: March 1, 2010 By van C. Pappas, I.D. #200103 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiffs :226807 12 '3/'l• rov9 landlord Phone: ~7yO!8~~•ra,~P Address: 711/Q~.~`~flo R~S~~NS6('~~~A. ,~ss7 aaL -i99b - •r.oy LEASE - THIS l.l•;.aSF. made this •_Z_' day of _ /TjQ,t~ _ , 2t)p ~ _ BCT'~~`tLN, _ Tr~,--'~,~Q~_ /__~~,_~ _~_ ~~,bor~ hereinafter called the Landlord,atiD Hereinafter calicd the 'Conant, 1~VITNL'SSE"CH, that the Landlord, in consideration of thy; rents and covenants hereinafter mentioned, does demise and lease to the Tenant to be used as a residence~o~nly, the follo~~~ing premises: TO NAVE AND TO HOLD unto the said Ten t, subject to the conditions of this A~rcemcnt fur the tcnn beginning on the _~*b _`_ day of_,j uue. ______ __. ?t1pFf _ _. And ending on the _~,a,"-b_ day of _L~~a~__ __^.__ , 20Qq__. , t'~i C'UNSID)/R,~ITION O1~ ~V1 [1Cl-i, the Tenant agrees to pay to the Landlord, for the use and occupancy of the above described the full sum of $_7~LY~.1O__ payable as follows: AS .~ FURTHER CUNSIDER.aTION for the use and occupancy ofthe said prerltiscs~ the Tenant Hereby agrees to keep faithfully and to be bound by the following covenants. conditions and agr~emcnts: Each person signing this Lease as Tenant covenants and agrees to he jointly and scverall}• liable for the full amount of the agreed upon rental referred to above. ?. "1 he "Ccnant shall, upon execution hereof, de°osit with the Landlord as sccurit fur the performance of all terms, covenants and conditions of this lease, the fu{I sum of $_~:,qdO ____ This de:posil is to be retained by I_.andlord until the expiration of this (case, up to a period of 30 days thereafter, and sha{I be returnable to "Conant provided that I :. Premises have been vacated ~2~: Landlord shall have inspected the premises after such vacation and `.3-' 'Tenant shall have complied with all the terms, covenants ~rnd conditions of this (ease, in which event the deposit so paid hereunder shall be returned to Tenant; otherwise, said sum deposited hereunder or any part thereof may be retained by Landlord at his option, as liquidated damages, or may he applied by Landlord against any actual loss, damages or injury chargeable to Tenant hereunder or otherwise. if l.andlorcl dctcmiines that such loss, damage or injury exceeds said sum ~.leposited. Landlord's determination of the amount, if any, to be rcturnccl :o Tenant shall be final. It is understood that the said deposit is not to he considered as the last rental clue under the lease. EXHIBIT "A" ~„ 3. ; The said premises are to be kept and maintained in as good repair and condition as at present and at the expiration of this lease, they are to be surrendered in like repair and condition, natural wear and damages happening by )ire, storm or other casualties, only accepted. 4~t Tenant agrees to keep no pets of any kind upon the premises without the ~~4rt~ expressed written consent of the Landlord. o• 5. The Landlord covenants and agreees to(tprovide and pay for the following UtllltleS: Q~Q~~i~• C,~aftr~ Y1•Qq'f i I CQi~, StWCr The cost of any other utilities is to be borne solely by the Tenant herein. 6. ; Tenant agrees to keep the premises, including the yard in front and back of the ~' premises, in a cl~ and sa ' ary condition, and all tr or other garbage which may accumulate thereon during the term are to be removed, and in the case of failure to remove the same the Landlord may collec~ t~as rent due and in arrears double the cost of removal. 7. Nothing shall be done upon said premises contrary to the conditions of the policies of insurance upon the building thereon whereby the hazard may be increased or the insurance invalidated, neither the whole nor any portion of the said premises shall be sublet, nor shall this lease or any interest therein be assigned, nor shall the Tenant remove or attempt to remove from said premises during the term of this lease, without the expressed written consent of the said Landlord. 8. The Landlord covenants and agrees to make any necessary repairs to the premises during the term of this lease. Tenant agrees not to contract for the making of repairs without the expressed written consent of the Landlord, 9. The Landlord expressly reserves the right to enter upon the premises at reasonable times for the purpose of making necessary inspection, repairs or to show the same to prospective purchasers or tenants, and may display "for rent" cards thereon. 10. The removal of any goods from the premises, whether by day or by night, without the written consent of the Landlord, shall be deemed a clandestine and fraudulent removal and such goods shall remain 1sable to distress for a period of thirty days after such removal, whenever they may be found. tip: I If default shall he made in the payment of any part of the said rent after the same becomes due, or in the case of a breach or evasion or any attempt to break or c.-ado any other cotenants or conditions of this agreement, the entire rent reserves for the full term of this Icasc remaining unpaid shall hecorne due and payahle at once and may forthwith be collected by distress or othenvisc, and at the same tune the Landlord may forfeit and annul the un-expired portion of this lease and enter upon and repossess the said prcmiscs with or without process of law, and without giving any notice whatsoever. 1 _'. Acceptance by the Landlord of any of the said rent at any tune after thr same shall become due, alter default has heen made in payment thereof, Or any failure to en(orce any of the rights herein reserved to the Landk)rd, or am• of the penalties, forfeitures or conditions herein contained, shall not in any way be cvnsidered a waiver of the right to enforce the same at any time without any notice whatsoever, and any attempt to collect the rent by one proceeding shall not be considered as a waiver of the right to collect the same by any other proceeding, but all rights of the Landlord and all forfeitures, penalties and conditions may be enforced together or successively at the option of the (_3ndlOfd. 1 ~. "I'he Tenant agrees that no other person or persons shall occupy and live on the premises «'itf~otitihe expressed written consent of the Landlord. l-t. Tenant agrees to retrain from painting any part of the rental prcmiscs and a~zrees not to use nails, tacks, hooks, tape or any other harmful object on the walls. ceilings or (loots of the rental prcmiscs without the expressed written consent of the Landlord. 1 ~. 1'cnant shall not make or permit any disturbing noises to be made in the building by themselves, members of their family, guests, visitors, agents, servants or licensees nor do or pemlit anything to he done that will interfere with the rights, comforts or conveniences of other persons in the surrounding neighborhood. _1G. Tenant agrees that there shall he no assignment or subletting of this Icasc without the expressed written consent of the Landlord. t ~ •I'hc 1.anc)lord covenants and agrees to keep the lawn mowed and to clear the walkways from snow and debris when necessary. 1 S. iVo kerosene or gas heaters of any kind arc permitted on said premises. 19. The Tenant is required to olitain renters insurance and show proof of certificate for such, and maintain said insurance for the duration of their tease. `- ~- --- _ ~ t'' , i ... -,, 2U. "the Prothonotary or <tny attorney of any•Court of Record of Pennsylvania is hereby authorized to appear for and confess a judgment against the said Terumt and in favor of the said Landlord for the whole amount of said rent as hereinbefore set forth with costs and attorney's conunission of five percent (~°v) and ~~~iihout stay ofexecution and ~~aiving inquisition and exemption laws. "Tenant further agrees to reimburse Landlord for any additional cost inew-red by Landlord due to Tenant's late payment of rental of any other costs called for under the }ease agreement, said payments to be considered as additional rental due and paid for. 2 } . The said Tenant hereby waives the usual notice to quit, and agrees to surrender said premises at the expiration of said term, or the termination of this lease without any notice whatsoever, and upon any proceeding instituted liar the recovery of said rent, either distress or otherwise the said Tenant ~{aives the benefit oi•all appraisement, stay and exemption taws, the right of inquisition on real estate, and all bankruptcy or insolvency laws not in force or hereafter passed. 22. l.~pun the breach of any of the covenants or agreements of this lease or upon its termination by forfeitures, default or attorney expiration the Prothonotary cx• any attorney as aforesaid is hereby authorized to appear for and to confess judgment in an amicable action or ejectment against the said "tenant and in favor of the said Landlord for the premises herein described, and to direct the immediate issuinb of a writ of babes faeias possessionem with clause of Seri facias for costs and attorneys commission, waiving all irregularities, without notice and ~~~ithout asking (cave of the court. 23, It is further agreed that the terms and conditions of this agrci;ment and }case shall in no way be changed or altered except by a writing signed by alt parties hereto, and if the said Tenant shall continue in possession of tlrc said praniscs after the expiration of said term, at the option of the said Landlord such ho}ding over may he held and deemed a reneti-al ofagreemcnt for anc~tha• like term, the same as though a new agreement of leasing, identical with this, had been executed and delivered by the said parties hereto for a succeeding term. 24. The conditions of this .~greemcnt shall extend to the administrator and ~sccutors of all parties hereto. ~~ ,~ jr/r'- ~ ~ __ ....._ .._ ..__ ... _ _ _ ~,c~ °_ -- _ . .. .• i \~ ~ ; ~ ~ ., y~ -_ ._ _ ___.. _ ._ ~ ---- _. ._._. _. __ .._ _._ ._ _. . _ ._ ._. XHIBIT Brr SOD , ._ _..~ ___-_.~._- 'ice .~' VERIFICATION The undersigned, Evan C. Pappas, hereby verifies and states that: 1. He is lead counsel for Plaintiffs in the within action; 2. The facts set forth in the foregoing Second Amended Complaint are true and correct to the best of his knowledge, information and belief; 3. Facts were communicated to him by Plaintiffs. 4. Both Plaintiffs are outside of the jurisdiction of the Court and verification could not be obtained prior to the filing of the Second Amended Complaint; and 5. He is aware that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: March 1, 2010 Evan C. Pappas, Esquire CERTIFICATE OF SERVICE I, Evan C. Pappas, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the Second Amended Complaint on this date by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 S ILL .C. Dated: March 1, 2010 By van .Pappas, I.D. #200103 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 RYAN HELCOSKI and SARAH IN THE COURT OF COMMON PLEAS OF HELCOSKI, f/k/a SARAH DOMBROSKI, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. c-~ No. 2009-6135 Civil Term ~ ~~., ~ _ TROY WISER and DORIS HEBERLIG, ~ :CIVIL ACTION -LAW ~" ~' -~- "~ ~~-~ t Defendants ~ ?~ ~ ~ om, TOINT PRAECIPE TO DISCONTINUE AND END ~ ~ ~ ~' ~ :; ;,; .-; v~ TO THE PROTHONOTARY: _~ f Please mark the above-captioned matter as discontinued and ended with prejudice. SHUMAKER WILLIAMS, P.C. 'r B y '' , Evan appas, LD. 103 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiffs E Dated: ~ ~ ~`~ ~ r ,y BARK SCHERER, LLC By Michae A. Scherer, I.D. #61974 19 West South Street Carlisle, PA 17013-3432 (717)249-6873 Attorneys for Defendants Dated: ~ (I ~ ~ ~ Z :247990