HomeMy WebLinkAbout09-6281D
CHARLES W. SHUGHART, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION -LAW
DENNY FORTNEY, alkla DENNIS : NO. .r ?? C N r
A. FORTNEY, JR., and JAMIE
FORTNEY, a/k/a JAMIE N.
FORTNEY,
Defendants IN ASSUMPSIT
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST
THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE
ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE
ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY
AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOU DEFENSES
OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE
WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT
YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT
WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT
OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU
MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, 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 St.
Carlisle, Pennsylvania 17013
1-800-990-9108 OR
717-249-3166
CHARLES W. SHUGHART, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
DENNY FORTNEY, a/k/a DENNIS : NO. 6 q - 6 A. FORTNEY, JR., and JAMIE
FORTNEY, a/k/a JAMIE N. :
FORTNEY,
Defendants IN ASSUMPSIT
JURY TRIAL DEMANDED
COMPLAINT
AND NOW COMES, this f l*h day of September, 2009, comes Charles W.
Shughart, by and through his attorney, Anthony L. DeLuca, Esquire, who states the
following:
1.
The Plaintiff, Charles W. Shughart, is an adult individual, who resides at 10 Ridge
Drive, Carlisle, Cumberland County, Pennsylvania.
2.
The Defendant, Denny Fortney, a/k/a Dennis A. Fortney, Jr., is an adult
individual, who resides at 506 Steelstown Road; Newville, Cumberland County,
Pennsylvania.
3.
The Defendant, Jamie Fortney, a/k/a Jamie N. Fortney, is an adult individual, who
resides at 506 Steelstown Road, Newville, Cumberland County, Pennsylvania.
4.
The Plaintiff, Charles W. Shughart, is the owner of certain real estate with
improvements thereon situated at 42 Carlisle Road, Newville, Cumberland County,
Pennsylvania.
5.
On September 20, 2008, the Plaintiff and Defendants executed a lease for the
premises at 42 Carlisle Road, Newville, Cumberland County, Pennsylvania, wherein
Defendants leased the premises at 42 Carlisle Road, Newville, Cumberland County,
Pennsylvania from the Plaintiff and wherein Defendants agreed to the terms contained in
said Lease Agreement. A copy of said Lease Agreement is attached hereto, marked as
Exhibit "A", and incorporated herein by reference.
6.
The term of said Lease Agreement was for the period of thirty-six months
beginning on the first day of October, 2008 and ending on the 30'' day of September,
2011, with an option for the Defendants to extend the term of the Lease Agreement on a
month to month basis for a period up to 24 additional months.
7.
Defendants, as tenants, agreed to pay a rental of $1,500.00 per month which totals
the sum of $54,000.00 for the 36 month term.
8.
The rental payment of $1,500.00 was due on the first day of each month.
9.
The parties hereto, on September 20, 2008, also executed an Addendum to said
Lease Agreement. A copy of said Addendum to Lease Agreement is attached hereto,
marked as Exhibit "B", and incorporated herein by reference.
10.
On or about March 23, 2009, Defendants notified Plaintiff by email that they had
an opportunity to move back into their dream home and, therefore, would be moving out
of the leased premises at 42 Carlisle Road, Newville, Cumberland County, Pennsylvania.
A copy of the email sent to Plaintiff is attached hereto, marked as Exhibit "C", and
incorporated herein by reference.
11.
On or about April 8, 2009, the Plaintiff acknowledged by letter that he had
received their email dated April 1, 2009 wherein Defendants conveyed their decision to
go back to the home that they had built, namely their dream home. A copy of said letter
is attached hereto, marked as Exhibit "D", and incorporated herein by reference.
12.
The Defendants moved out of the leased premises on or about April 26,2009.
13.
An inspection was conducted by the Plaintiff after Defendants vacated the leased
premises and, on or about May 19, 2009, Plaintiff provided Defendants with a list
estimating the cost of materials and labor to make repairs, paint, and clean the leased
premises, as well as the cost of unpaid water/sewer bill and the replacement of fuel oil. A
copy of said letter is attached hereto, marked as Exhibit "E", and incorporated herein by
reference.
14.
On or about August 9, 2009, Plaintiff, by letter, notified Defendants that he had a
new one year residential lease on the premises situated at 42 Carlisle Road, Newville,
Cumberland County, Pennsylvania which would reduce the liability for rent owed by
Defendants to Plaintiff under the lease executed by them on September 20, 2008. A copy
of said lease is attached hereto, marked as Exhibit "F", and incorporated herein by
reference.
15.
Plaintiff believes and, therefore, avers that the Defendants breached the terms,
conditions and covenants of the original lease and addendum to lease, all of which
resulted in Plaintiff suffering substantial damages.
16.
Plaintiff believes and, therefore, avers that Defendants owe Plaintiff the sum of
$19,390.00 for unpaid rent and rent owed on the remaining balance of their lease with
Plaintiff, all of which is contingent upon the new tenants complying with the terms of the
new lease.
17.
The actual cost of materials and labor to make repairs, paint, and clean the leased
premises, as well as the cost of unpaid water/sewer bills, the replacement of fuel oil, and
locksmith services amounted to $3,508.65. Copies of said bills are attached hereto,
marked as Exhibit "G", and incorporated herein by reference.
18.
Plaintiff believes and, therefore avers that the total amount due and owing him as
a result of Defendants failure to comply with the terms of said lease is $22,898.65.
19.
Although demand has been made for payment, Defendants have failed and
willfully refuse to pay Plaintiff for the amount owed on said obligation.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
Judgment in favor of the Plaintiff and against the Defendants in the amount of $22,898.65
together with costs and interest.
DATED: odd ?' Respectfully submitted,
Anthony L. uca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(717) 258-6844
ID #18067
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Complaint
are true and correct to the best of my knowledge, information, and belief. I understand
that any false statements contained herein are subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unworn falsification to authorities.
Dated: Cl C- t v S ltiv lc?l: '
Charles W. Shughart
I-EASE AGREEMENT
"PHIS LEASE AGREEMENT made this 201" day of September, 2008 , by and between Charles
W. Shughart, 10 Ridge Road, Carlisle, Pa 17015 as Landlord, and , Denny Fortney and Jamie
Fortney as Tenant.
Landlord herby leases to Tenant, 42 Carlisle Road, Newville, PA 17241 (the "premises"), upon
the following terms and conditions, to wit:
1. RENTAL TERM: The term of this lease shall be thirty-six (36) months beginning the 1st day
of October, 2008 and ending the last day of September, 2011. Thereafter, the Tenant shall have
to option to extend the term of this lease agreement on a month-to- month basis for a period of
up to twenty-four (24) months, providing the Tenant is complying with the terms of this lease
and the Option to Purchase Agreement dated September 20, 2008.
2. MONTHLY RENTAL: Rental for the initial 36-month term shall be paid in the total amount
of Fi/iyfour Thousand and 00/100 ($54, 000.00) Dollars, payable in advance of the monthly
anniversary date in equal monthly installments of Fifteen_Hundred and 00/100 (1, 500.00)
Dollars. All such rental payments shall be due without demand therefore, mailed or delivered to
the above-mentioned Ridge Drive address. All checks shall be made out to Charles W. Shughart.
Monthly rent after the initial 36-month term shall be payable in advance of the monthly
anniversary date by the l st day of each month in the amount of $1,500 each month.
3. USE OF DEMAND: Tenant leases the demised premises for residential purposes for single
family residence and for no other purpose. Nothing shall be done upon said premises contrary to
the conditions of the policies of insurance upon the building whereby the hazard may be
increased or the insurance invalidated, no unlawful business shall at any time be carried on upon
said premises and no activity or condition shall exist on the premises that is in violation of any
township, county, state or federal law, code or regulation.
4. CONDUCT OF TENANT: Tenant agrees not to do or permit any act which shall cause
damage to the premises or shall interfere with or disturb the peaceful enjoyment of the premises
by the other tenants and to comply with all obligations imposed upon tenants by state, county or
local codes, regulations, ordinances or statutes. Tenant shall keep leased premises in a good state
of repair and maintenance as at present and at the expiration of this lease shall surrender the
premises in like repair and condition, normal wear and tear alone excepted. The premises are to
be kept in a clean and sanitary condition and all trash or other garbage which may accumulate
thereon during the term are to be removed promptly, and in case of failure to remove the same,
landlord may have the same removed and collect as rent due and in arrears double such cost of
removal, upon presentation of satisfactory proof.
5. LANDLORD'S REPAIRS: In accordance with the terms of the option to purchase agreement
dated September 20, 2008. Landlord shall make necessary repairs to maintain stove, refrigerator,
heating, electrical and plumbing systems in working order unless such repairs are required as a
result of damage by conduct of the Tenant, in which even Tenant shall be responsible for such
repairs.
6. SECURITY DEPOSIT: This lease agreement is made in conjunction with an option to
purchase agreement dated September 20, 2008. Tenant has paid option fee money in the amount
of Four Thousand Four Hundred Seventy-Five and 00/100 ($4,475.00) Dollars, Landlord is not
requiring the payment of a security deposit.
EXHIBIT "A"
71. t ' l 1111 Y AND SERVICE AND MAINTENANCE CHARGES: The utility and service
charges shall be paid as follows:
Electric: Tenant Snow Removal: Tenant
Heat: Tenant Trash Removal: Tenant
Water & Sewer: Tenant Telephone: Tenant
Hot Water: Tenant Lawn Maintenance: Tenant
8. LATE CHARGES: A late charge of $15.00 shall be due and payable for each rental payment
that is received by landlord more than ten (10) days after the due date thereof. An additional late
charge of $30.00 (total $50.00) shall be due and payable for each rental payment that is received
by landlord more than 30 days after the due date, and also for each month thereafter that the
rental payment is unpaid.
9. LANDLORD WARRANTY: Landlord has rented the premises in its present "as is"
condition and without any representations other than those stated in this lease. Landlord is under
no duty to make repairs, alterations or decorations except as set forth in paragraph five (5)
herein.
10. INSPECTION: Landlord reserves the right to enter upon the premises upon giving 48 hours
notice of such intended entry to inspect the demised premises and to determine if repairs are
needed or at any time without notice to Tenant in the event of an emergency. A voice message
or e-mail shall be considered sufficient notification to Tenant.
11. LANDLORD'S LIABILITY: Tenant agrees that landlord shall be liable for property
damage or personal injury occurring in the leased premises or elsewhere on landlord's premises
only where such damage or injury results from the negligence of landlord or his agents and/or
employees.
12. LANDLORD'S REMEDIES: In the event tenant shall fail to comply with any term or
condition of this lease, landlord shall have the right to: a) bring a lawsuit to recover possession of
the leased property; b) bring a lawsuit to recover the entire balance due of the rent reserved for
the full term thereof and any other charges hereunder together with any and all damages caused
by and incurred as a result of tenant's default including reasonable attorney's fees and court
costs; c) to exercise any and all rights accruing to him under the Pennsylvania Landlord and
Tenant Act, as amended. All rights and remedies of the Landlord shall be cumulative. Tenant
shall be responsible for and pay all reasonable attorney's fees and costs incurred by Landlord in
the event of Tenant's breach of this Lease Agreement.
13. NOTICE TO QUIT: If an action is instituted by landlord to recover possession of the leased
premises, or for non payment of rent, or breach of this lease, tenant specifically waives his right
to three months' notice to quit and/or the fifteen or thirty days' notice to quit required by the
Landlord and Tenant Act of April 6, 1951, as amended, and agrees that ten (10) days' notice to
quit shall be sufficient. If Tenant shall hold over in the premises after the expiration of this lease
and after any notice to quit is given, Tenant shall be responsible for paying Landlord, until
Tenant is removed fi-om or vacates the premises, monthly rent as provided in Paragraph 2.
14. ASSIGNMENT AND SUBLETTING: Tenant shall not assign or sublease the demised
hrcnliscs or any part thereof without prior written consent of landlord; which shall not be
unreasonably withheld.
1 S1 VERABILITY: In the event any provision of this lease shall be declared invalid by any
court of the Commonwealth of Pennsylvania only such provision declared invalid shall be null
and void and all other provisions not inconsistent therewith shall remain binding and in full
force.
16. MISCELLANEOUS: Tenant and each of them shall be jointly and severally responsible for
the payment of rent and the performance of all obligations under this Lease Agreement.
17. INSURANCE AND INDEMNIFICATION: Tenants shall obtain and keep in force
throughout the lease terms tenants' insurance including a minimum of $500,000 coverage for
tenants liability and coverage for all contents. Tenants further hereby agree to indemnify and
save harmless landlord from any liability arising out of the use of the leased premises for any
reason or cause whatsoever except for the negligence of landlord or their agents and/or
employees.
18. PARKING: Parking shall be restricted to the stone driveway area.
19. PETS: Pets may only be permitted by the parties signing of a separate written "pet
agreement".
?0. STORAGE: Fire Marshall and insurance regulations prohibit storage or plocement of any
items or rubbish in the hallways, balconies, fire escapes and common areas of the building.
1. LEAD WARNING: This housing was built before 1978 and may contain lead-based paint.
Lead from paint, paint chips and dust can pose health hazards if not taken care of properly. Lead
exposure is especially harmful to young children and pregnant women. Before renting pre 1978
housinii. landlords must disclose the presence of known lead-based paint and lead-based paint
hazards in the dwelling. Tenant must also receive federally approved pamphlet on lead poisoning
prevention.
' LANDLORD DOES NOT KNOW OF ANY LEAD BASED PAINT OR LEAD
BASED PAINT HAZARDS (DANGERS) ON THE PROPERTY
C LANDLORD HAS NO REPORTS OR RECORDS ABOUT LEAD BASED PAINT
OR LEAD BASED PAINT HAZARDS AT THE PROPERTY
TENANT ACKNOWLEDGES THAT TENANT HAS RECEIVED THE PAMPHLET
"PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME".
TENANT READ THE INFORMATION LANDLORD GAVE IN PARAGRAPH 21
ABOVE.
?. SMOKE DETECTORS: TENANT WILL MAINTAIN (INCLUDING REPLACEMENT
()I B!N,FFERIES) AND TEST MONTHLYANY SMOKE DETECTOR IN THE LEASED
PREINIISES. TENANT WILL NOTIFY LANDLORD IMMEDIAELY OF ANY BROKEN
SMOKE DETECTOR IN THE LEASED PREMISES. TENANT WILL PAY FOR ANY
DAN/Iz1GE- TO THE PROPERTY IF TENANTS FAIL TO MAINTAIN SMOKE DETECTORS.
? THIS LEASE IS A LEGAL CONTRACT AND IF TENANT HAS LEGAL QUESTIONS,
I-ENANT IS ADVISED TO TALK TO A LAWYER BEFORE SIGNING THIS LEASE.
?-I. See "ADDENDUM TO LEASE".
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seal the day and
vear first above written.
BY: C,1,? -?. ,. \,u, S
Charles W. Shughart.. Landlord
BY:
Denny 1"orttlley. Tenant: ..
BY: C\/1 ff\r,
date
J
date yi ,?r
i
date q " ao ?U
?date B Y: Wi ess
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
KATHRYN E. BERILLA, Notary Public
Boro of Carlisle, Cumberland County
IlRy Commission Expires Oct. 20, 2010
ADDENDUM TO LEASE
42 Carlisle Road, Newville, Pa
It is understood and agreed that:
The lessee will not paint any walls or woodwork without the written permission of the
lessor.
Except for picture hangers, the lessee will not place any nails in the walls without
permission. Nails may never be placed in the woodwork trim. Nails may not be placed
on the exterior of the house in vinyl siding or aluminum trim.
Lessee will not place any plants, vases, etc on the windowsills or heat registers.
Lessee will not have any unlicensed vehicles on the premises for more than 60 days,
unless kept in the garage.
Motor homes, travel trailers and/or campers may not be parked on the premises for more
than 20 days during any calendar year.
Upon termination of the lease, the lessee will be responsible to wash all walls, ceilings,
floors. woodwork, windows, shower, bathroom fixtures, refrigerator, stove top, shelves,
closets and furnishings. In the event the lessee fails to sufficiently clean the apartment, a
cleaning charge of no more than $500.00 will be paid to the lessor and withheld from the
security deposit.
- All windows and screens were in place and not tom or cracked when the lessee moved in.
They will be in the same condition when the house is vacated
- All carpets will be professionally steam cleaned when the lessee moves out at the cost of
the lessee. If lessee is permitted to have a dog(s), carpets will be professionally steam
upon written notice by the lessor, but not more often than annually.
SMOKING IS NOT PERMITTED inside the house. In the event it is determiined
(by smoke, smell, butts or other obvious signs) that the lessee or any guest has failed
to adhere to the no smoking policy the rent shall increase by $25.00 per month for
the remainder of the lease agreement.
- The house may be inspected by the lessor from time to time with reasonable notice.
At least one smoke alarms will be located on each floor of the house. Smoke alarm
batteries must be replaced annually.
(.)mess otherwise agreed in writing, the total number of persons who will reside at the
property shall not exceed two adults and three children.
EXHIBIT "B"
-l"he Fuel oil tank was confirmed full on the effective date of this lease. Upon termination
of this lease, the tank will be filled and verified full by the fuel oil company.
Ilie lessee is responsible to maintain the water softener, remove snow from the driveway,
mow the grass. trim shrubs and otherwise maintain the yard. Paper and trash that
accumulates in the yard should be picked up as needed. If the lessee fails to mow the
lawn a fee of $85.00 shall be charged by the lessor to perform the work.
It is agreed that the lessee may have one dog as a pet while residing at the premises. The
dog shall not be left unattended for extended periods of time. When the dog is
unattended inside the house, it shall be restricted to the kitchen by closing the door to the
livincy room or by using a gate. Dog waste shall be removed from the yard weekly. It is
agreed that the lessee will maintain a personal liability policy in the amount of no less
than $500.000.00
Signed this 20`x' day of September. 2008.
Denny Foctney
Jamie o tnev
Charles Shughart
'? 20 ^ es
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From: "Denny Fortney" df111rtn :,/90- cot icast.net> Save Address I Headers
To: <cshughart@paonline.com>
CC:
Date: Mon, 23 Mar 2009 21:01:54 -0400
Subject: RE: opportunity
We are willing to walk away and let all option monies. Jamie and I would
just like to take this once in a lifetime opportunity. Our payment there
will actually be less than here.
-----Original Message-----
From: cshughart [mailto:cshughart@paonline.com]
Sent: Monday, March 23, 2009 6:15 PM
To: Denny Fortney
Subject: Re: opportunity
Got your phone message. Sorry for not responding to your email earlier. I
only check my messages once or twice per week. Mostly, I use my email at
work.
As you might expect and as you would likely feel if you were in my
situation, we have a lease agreement with a purchase option that the parties
have agreed upon. While the purchase is an option, the lease isn't . If
Burger King came along tomorrow and offerd me $600,000 for the property, I
wouldn't expect you to be understanding and forgo your option to purchase.
The other problem is that I have made some financial decision that are, in
part, based on our agreement.
I wish I could tell you what you want to hear, but I cannot.
---------- Original Message ----------------------------------
From: "Denny Fortney"
Date: Sat, 21 Mar 2009 11:18:57 -0400
>Chuck,
>I was contacted this week by our lender for our home that we were eligible
>to restructure our mortgage. This came totally out of the blue, but is the
>opportunity of a lifetime. That was our dream home and to have the chance
>to get it back is unbelievable. For us to enter the program they require
>a payment by the 29th of this month. We definitely want to pursue this but
>we financially cannot make 2 payments to both you and IndyMac. I'd like to
>know your thoughts on this and how Jamie and I are to proceed from here.
EXHIBIT "C"
http://webmail.paonline.com/Xaedecf9e9bcc9ec8c8efe2d64d/rmail. I 305 3 . cgi?&mbx=Main... 4/8/2009
J
Charles W. Shughart
10 Ridge Drive
L'
s? Carlisle, PA 17015
717-243-9007 / cshughart'u paonline.com
? yv
April 8, 2009
Denny and Jamie Fortney
42 Carlisle Road
Newville, PA 17241
Ref: 42 Carlisle Road, Newville
Dear Denny and Jamie:
I received your e-mail dated April 1, 2009. I'm disappointed to
hear of your decision to default on our agreement. I am certain
that you have considered the legal aspect of this matter and
realize that financial liability will result from your decision. 1 am
willing to work with you to reduce that liability to some degree,
however, nothing in this letter should be considered to be my
consent to your defaulting on our agreement.
You should advise me when you will have all your property
removed from the house. After the house is empty, it should be
cleaned top to bottom, including windows, bath fixtures, wood
trim, floors, cabinets, appliances, etc. Any room that was
painted should be returned to the original color. The paint
manufacturer and color code of the original paint is available.
After the general cleaning is done, the carpet should be
PROFESSIONALLY STEAM CLEANED by Stanley Steemer or a
similar company. Any trash, dog waste, etc. should be cleared
from the yard. Do not remove, change or undo anything inside or
outside the house that was modified or added to the property
without my written permission. The oil tank will need to be filled
and topped-off. When everything is complete, the water meter
will need to be read by the Borough and you will need to pay for
the water/sewer usage.
EXHIBIT "D"
Upon receiving your notification that the house is clean, 1 will
accompany you on an inspection. After the house is returned to
me, I will meet with you to discuss the various options to rent
sell the house.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Charles Shughart
CHARLES W- SHUGHART
10 Ridge Drive
Carlisle, Pa. 17015
May 19, 2009
Denny and Jamie Fortney
506 Steelstown Rd
Newville, Pa 17241 you with
m required to provide y
address, pm You did not
you with your new d
By law, after y provide me corrected or reimburse. You sill
week, y
y paired return ' the keys. As of last our address
a list and cost of items that nenarrd d you
provide me with that address, Below is that list. 1 obtained y
had furniture in the upstairs bedroom.
will rthouse records. The below estimates are what I onev act al cos
from County Cou
to have a professional perform the work. Actual cost will be based receipt or company estimate.
_ $75.00
Repair bedroom light in northeast bedroom - $50,00
Replace/repair screen door closer and latch "
_ $150.00
Paint northeast bedroom - $700.00
Clean walls, windows, floors, cabinets and woodwork
- $660,00
Fill oil tank to level that existed when you moved-in - -
(275 Gallon @ $2.40 per gallon) -
$170.90
Unpaid water 1 sewer bill - - - $240.00
Steam clean carpet-
- $2045.90
Sub -total - - - $3,000.00
Rent for April and May -
($1,500.00 per month)
$5,045.90
Total - -
ionall you will owe future mitigated rent, maintenance costs and the
Addit y
remainder of the unpaid "good faith money.
Sincerely,
Charles Shughart
EXHIBIT "E"
Charles W. Shughart
10 Ridge Drive
Carlisle, PA 17015
717-243-9007 / cshughart(a paonline.com
August 9, 2009
Denny and Jamie Fortney
506 Steelstown Road
Newville, PA 17241
Ref: 42 Carlisle Road, Newville
Dear Denny and Jamie:
As of August 1, 2009, 1 have a new one-year residential lease on the above
referenced property. That will reduce the liability that you owe me under the lease
dated September 20, 2008, however a claim of $24,398.65 exists. Please note that
this stated claim assumes that the new tenant continues the lease for additional
eight months beyond the original one-year term to a date of September 30, 2011.
That is the expiration date of your lease.
Since the amount of this claim exceeds the jurisdiction of a District Magistrate
Judge, the claim will need to be filed in the Cumberland County Common Pleas
Court. This will require me to hire an attorney and the cost of that attorney will be
added to my claim against you. Additionally, you will likely need to be represented
by legal counsel to file the appropriate responses with the Court.
1 remain willing to discuss a settlement to this matter that would be outside of the
Courts. I understand that you do not have a lot of unbudgeted money and I realize
that any settlement will need to take this into consideration. As part of a
settlement, I would require the same guarantees that I could expect from a Court
decision. I would require that any agreement be "secured" and payments would
need to be made by payroll deduction.
If you are interested in discussing a settlement to this matter, you should contact
me by August 31, 2009. In early September, 1 will turn the matter over to an
attorney.
A chart describing the costs is enclosed.
Sincerely,
?t-
Charles Shughart
EXHIBIT "F"
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KOUGH1 OIL SERVICE
P.O. BOX 116
NEWVILLE, PA. 17241
776-3533 or 77x6-5683
PHOHE:22099
A DATE
SOLD TO
ADDRESS 412,
TERMS: NET 15 DAYS. INTEREST OF 1 Ya% PER MONTH ADDED TO ALL
ACCOUNTS OVER 30 DAYS, OR 15% ANNUALLY.
PAYMENT ? CHECK ? CASH ? THIS DELIVERY ? C.O.D. ? CHARGE
RECEIVED
Is I ? A/C OL,Q BALANCE CJ FULL ? NOT FULL
THIS INVOICE HAS BEEN ACCURATELY COMPUTED
AND AUTOMATICALLY PRINTED.
L FUEL OIL ? KEROSENE
REMARKS
CUSTOMER
SIGN HERE
r) f4 T E T"301`0e?0
Gals. Reading - Start
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Sales Sequence Number
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Product Cost
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Total Price
TIME 7136
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Driving Directions from l_U RWge Dr, Carlisle, Y A to Zt2 -an,s;e !{C, ivewv'1,T, ?'I-\ rage !
Start out gong SOUTHWEST on RIDGE DR toward S MIDDLESEX RD 0 0 mi
2: Turn LEFT onto S MIDDLESEX RD. 04 mi
Tum RIGHT onto TRINDLE RD/PA-641. 1 8 mi
4-, 4: Turn LEFT onto FAIRFIELD ST. 0.4 mi
5Turn LEFT onto YORK RD/PA-74. 0.0 mi
Merge onto 1-81 S toward CHAMBERSBURG. 3.8 mi
;: Take the PA-465 exit, EXIT 44, toward PLAINFIELD, 0.2 mi
8: Turn RIGHT onto PA-465/ALLEN RD. 0.4 mi
9: Turn LEFT onto RITNER HWY/US-11. 4.7 mi
,,.,;..
r .0: Turn RIGHT onto MT ROCK RD. 3.8 mi
11: Turn SLIGHT RIGHT onto SCHOOLHOUSE LN. _ 0.3 mi
4- 12: Turn LEFT onto CARLISLE RD/PA-641. 0.1 mi
13: End at 42 Carlisle Rd Newville, PA 17241-9405
Estimated Time: 23 minutes Estimated Distance: 15.97 miles
http://www.mapquest.com/maps? l c=Carlisle& i s=PA& l a=10+Ridge+Dr& 1 z=17015-9721... 2/13/2009
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FLED Q7FT,F
'T THE
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2019 SEP 18 Pa `'
5 7Y. Y0 pd- `?fiy
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Sheriffs Office of Cumberland County
R Thomas Kline ALED-'0)E
Sheriff ?? i r ,°.,, .-? It T!^T IRY
tir of +?utabrr?
O,
Ronny R Anderson ?
CO
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Deputy 1 ,
.a
Jody S Smith
Civil Process Sergeant OFFICE OF T14E €,MIFF
-
Edward L Schorpp
Solicitor
Charles W. Shughart
vs. Case Number
Denny Fortney 2009-6281
SHERIFF'S RETURN OF SERVICE
09/22/2009 05:35 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on
September 22, 2009 at 1735 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Denny Fortney, by making known unto himself personally, at 506
Steelstown Road Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time
handing to him personally the said true and correct copy of the same.
09/2212009 05:35 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on
September 22, 2009 at 1735 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Jamie Fortney, by making known unto herself personally, at 506
Steelstown Road Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time
handing to her personally the said true and correct copy of the same.
SHERIFF COST: $55.24 SO ANSWERS,
POOA*-C4WdCe!%e
September 23, 2009 R THOMAS KLINE, SHERIFF
Deput Sheriff
C) r.�
CHARLES W.SHUGHART, : IN THE COURT OF COMMON PLEAS ..c•-• —.,
Plaintiff : CUMBERLAND COUNTY,PENNSYL NIA = f
:x.+. r •
• Z73 ;€7 rwr',,
VS. : CIVIL ACTION-LAW cn 3'?c _t.
DENNY FORTNEY,a/k/a DENNIS A. FORTNEY, : NO. 09-6281 Civil ` T5
JR.,and JAMIE FORTNEY,a/k/a JAMIE N. c, "'
FORTNEY, c- `
Defendants : IN ASSUMPSIT --
-< __4
PRAECIPE FOR DEFAULT JUDGMENT
To the Prothonotary:
Please enter judgment by default for want of an answer in the above captioned
matter in favor of the Plaintiff and against the Defendants, and assess damages as
follows:
Principal: $9,508.65
Less Credit: 7,470.76
TOTAL $2,037.89
I hereby certify that:
1. The attached notice of intention to file this praecipe was mailed to all
parties against whom judgment is to be entered and to their record attorneys, if any, after
the default occurred, and at lease ten days prior to the date of the filing of this praecipe.
JUDGMENT BY DEFAULT ENTERED
AND DAMAGES ASSESSED AS ABOVE. 2
NOTICE GI N E R.C. P. 23,' By: -.cam_ . -�e /' �`€ ,c i ,
Anthony L. De ca, Esquire
�-� Attorney for Plaintiff
Proth
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
ID# 1590158
This is an attempt to collect a debt, and any information obtained will be used for that
purpose. This communication is from a debt collector. 411 a (5//9/j
C /V0/
p7 34i i
IV; e. 4 "/'c?/
October 31, 2013
Dennis A. Fortney, Jr.
14060 Crest Ave.
Waynesboro, PA 17268-9472
Charles W. Shughart Vs.
DENNY FORTNEY, a/k/a DENNIS A.FORTNEY,JR. and
JAMIE FORTNEY, a/k/a JAMIE N.FORTNEY
Dear Mr. Fortney:
Pursuant to the Rules of Civil Procedure in the Commonwealth of Pennsylvania, I
enclose herein a Notice of a Praecipe to Enter Judgment by Default.
Very truly yours,
Anthony L. DeLuca
ALD:mad
Enclosure
CHARLES W. SHUGHART, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
VS. : CIVIL ACTION-LAW
DENNY FORTNEY,a/k/a DENNIS A. FORTNEY, : NO. 09-6281 Civil.
JR.,and JAMIE FORTNEY,a/k/a JAMIE N.
FORTNEY,
Defendants : IN ASSUMPSIT
To: DENNY FORTNEY, a/k/a DENNIS A. FORTNEY, JR.
Date of Notice: OCTOBER 31,2013
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford St.
Carlisle,Pennsylvania 17013
717-249-3166
or 1-800-990-9108 in PA only
1
Anthony L. De a, .quire
Attorney for Plainti`°
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(717)258-6844
CHARLES W. SHUGHART, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION - LAW
DENNY FORTNEY, a/k/a DENNIS A. FORTNEY, : NO. 09-6281 Civil
JR., and JAMIE FORTNEY, a/k/a JAMIE N.
FORTNEY, •
Defendants : IN ASSUMPSIT
PRAECIPE
To the Prothonotary:
Kindly satisfy, discontinue and end the action in the above captioned matter.
By:
Anthony L. De a, Esquire
Attorney for Plaintiff
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
ID # 18067