HomeMy WebLinkAbout09-6437C6MMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of CUMBERLAND
NOTICE OF APPEAL
FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
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 Magisterial District
Judge on the date and in the case referenced below.
Robert Gray 09-1-03 I Hon. Richard S. Dougherty
ADDRESS OF APPELLANT CITY STATE ZIP CODE
72 Spring Lane Dillsburg PA 17019
DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)'
09-03-2009 Kristin Aldinger V5 Robert Gray
nnrr4(9=T Nn SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT
CV-0000247-09
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the Magisterial District Judge, will
operate as a SUPERSEDEAS to the judgment for possession in this case.
COMMON PLEAS No. ? ? - la Y 3 7 Gw, I
was
'. D. J. No. 1001(6) in action
before a Magisterial District Judge, A COMPLAINT MUST BE FILED
within twenty
(20) days after filing the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District
Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon Kristin Aldinger appellee(s), to file a complaint in this appeal
[ ?Name of appellee(s)
(Common Pleas No. C/ (O CT within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Sig fe of appellant or attorney or agent
John R. Beinhaur, Esquire
RULE: To Kristin Aldinger appellee(s)
Name of appellee(s)
(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: 2009
tS ro wDeputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-05
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CDIMERLAND
Mag. Dist. No.:
09-1-03
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rALDINGER, KRISTIN
9 PINE RIDGE CIRCLE
ENOLA, PA 17025
L -I
VS.
DEFENDANT: NAME and ADDRESS
[-GRAY, ROBERT
72 SPRING LANE
DILLSBDRG, PA 17019
L J
Docket No.: CV-0000247-09
Date Filed: 7/22/09
MDJ Name: Hon.
RICHARD S. DOUGHERTY
Address: 9 8 S ENOLA DR STE 1
ENOLA, PA
Telephone: (717 ) 728-2805 17025
ROBERT GRAY
72 SPRING LANG
DILLSBURG, PA 17019
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
® Judgment was entered for:
71 Judgment was entered against
in the amount of $
? Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
? This case dismissed without prejudice.
? 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 $? 00
Judgment Costs $ .05
Interest on Judgment $ .00
Attorney Fees $ • 00
Total $ .00
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, 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.
SEP 0 3 2009 Date
th of
71certily that this is a true and co ect copy
qgwd'
Date
My commission expires first Monday of January, 2012
(Date of Judgment)
(Name) ALDINGER, KRISTIN
(Names) GRAY, ROBERT
.01101
9/03/09
Magisterial District Ju
ngs containing the judgment.
, Magisterial District Judge
SEAL
AOPC 315-07
DATE PRINTED: 9/04/09 8:03:00 AN
'AlRy
2099 SEP 2 S U u
? -I Y: ?--v Pd u,7y at,?, d,aor 4 Ckrr,11o
ck-A 5-0116
Ate;-3103
*. ,
PROOF OF SERVICE PF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WI HIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
AFFIDAVIT: I hereby (swear) (affirm)
® a copy of the Notice of
designated therein on
(date of service) OCTOBI
sender's receipt attached
OCTOBER 2, 2009
sender's receipt attached
(SWORN) (AFFIRMED) AND SUBSCRIBED
THIS 2ND Y OF OCTOBER, 2009 /
Signature of official bef6re whom
4°
Title of official
My commission expires on
; ss
I served
Common Pleas No.09-6437 CIVIL TERM, upon the Magisterial District Judge
2, 2009, ? by personal service ® by (certified) (registered) mail,
eto, and upon the appellee, (name) KRISTIN ALDINGER, on
personal service ® by (certified) (registered) mail,
EFORE ME
ture of want
made X64
R. Bein
haur, Esquire
Lexington Street
Harrisburg, PA 17109
20
NOTARIAL SEAL
ANNE E. HOUSER, Notary Pu is
Lower Paxton Twp., Dauphin C unty
My Commission Expires September 5, 2011
AOPC 312A - 05
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OF THE P 0 H °N!4TARY
2009 OCT -6 AM IC0. 41
. .
In the Court of Common Pleas of Cumberland County, Pennsylvania.
Civil Action - Law
Kristin Aldinger, Plaintiff
Vs. No. *M@- CR-(Mq CvviI Terr,
Robert Gray, Defendant
COMPLAINT
1. Plaintiff, Kristin Aldinger, is an adult individual who resides at
undisclosed location.
2. Defendant, Robert Gray, is an adult individual who resides at 72 Spring
Lane Dillsburg, Pennsylvania 17019.
3. Defendant is the owner of the rental property located at 176 Wyoming
Avenue, Enola, Pennsylvania 17025.
4. Plaintiff rented the property located at 176 Wyoming Avenue, Enola,
Pennsylvania 17025 from February 2007 to May 2009.
5. A lease agreement for 176 Wyoming Avenue, Enola, Pennsylvania was
signed by Plaintiff and Defendant on or about February 10, 2007. See
copy of the lease attached hereto as Exhibit "A."
6. Plaintiff approached Defendant about repairs to the rental property,
including drywall, painting, carpet installation, counter top installation
and plumbing.
7. Defendant agreed to pay Plaintiff for materials and services and
instructed Plaintiff to save all receipts for subsequent reimbursement.
8. A contractor, Bob Breen, was contacted by Plaintiff to repair holes in the
drywall, to paint walls, ceiling and trim in the living room, dining room,
master bedroom, foyer, basement and front door. Plaintiff hired Stone's
Plumbing to repair a faulty toilet tank in the half bath on the first floor.
Plaintiff purchased a granite count top and installed it in the basement.
Creekside Carpet installed wall to wall carpet (12'x 21') in the basement.
9. All the materials and labor were paid for by Plaintiff.
10. The total amount of materials and services provided is $1956.81. See
copies of receipts attached hereto as Exhibit "B."
11. On numerous occasions Plaintiff requested Defendant to reimburse
Plaintiff for repairs and services
12. Defendant did not reimburse Plaintiff for repairs made to the property.
13. Defendant accepted all materials and services paid for by Plaintiff.
14. In December 2008, Plaintiff gave Defendant two checks for the $850 per
month rent in the amounts of $500 and $350.
15. Plaintiff requested Defendant to wait to cash the $350 check. Defendant
cashed the check for $500 and waited to cash the check for $350.
16. Within a few days Plaintiff called Defendant and informed Defendant
that Plaintiff had $350 in cash and could provide the cash to the
Defendant, who preferred cash, instead of the check.
17. Defendant came over to the rental property and Plaintiff gave him $350
in cash and Defendant told Plaintiff he would destroy the check for $350.
18. Seven months later, in July, 2009, Defendant deposited the check for
$350 resulting in four bank charges in the amount of $36 each to Plaintiff
due to insufficient funds. See attached bank statements attached hereto as
Exhibit "C." The total bank charge is $144.
19. On numerous occasions Defendant used his key or the code on the door
to enter property without knocking and announcing or notifying Plaintiff
in advance as stated in the lease. Numerous entries were made after 5:00
p.m. and during weekends.
20. Defendant entered the premises numerous times after normal business
times or on weekends without knocking or announcing while visibly
intoxicated and smelling of alcohol.
21. Plaintiff filed a complaint with the District Justice. On September 3,
2009, the District Justice entered a decision in favor of Plaintiff. See
copy of Decision attached hereto as Exhibit "D." Defendant appealed the
District Justice's decision.
22. The amount requested falls within the arbitration limits of Cumberland
County.
COUNTI
(BREACH OF CONTRACT)
23. The foregoing paragraphs are incorporated herein by reference as though
fully set forth below at length.
24. Defendant had refused and still does refuse to pay Plaintiff for materials
and services as agreed upon.
25. Wherefore, Plaintiff, Kristin Aldinger, respectfully requests this
Honorable Court:
a. Enter judgment in favor of Plaintiff and against Defendant for
breach of contract in the amount of $2297.50 for repairs made
to the rental property located at 176 Wyoming Avenue, Enola,
Pennsylvania 17025; and
b. Grant Plaintiff costs of the action; and
c. Grant any further such relief as the Court may deem just.
COUNT II
(UNJUST ENRICHMENT)
26. The foregoing paragraphs are incorporated herein by reference as though
fully set forth below at length.
27. Defendant accepted and used the materials and services as described
above. Materials and services were valuable to Defendant, without
providing full payment to the Plaintiff.
28. As a result, Defendant has been unjustly enriched based on the theory of
unjust incident or Quantum Merit, at the expense of the Plaintiff if
permitted to retain the value of Plaintiffs materials and services without
compensating the Plaintiff in the amount of 1956.8 1, plus interest to date
of judgment. See copies of receipts attached hereto as Exhibit "B."
29. Wherefore, Plaintiff, Kristin Aldinger, respectfully requests this
Honorable Court:
a. Enter judgment in favor of Plaintiff and against Defendant for
reimbursement by Defendant to Plaintiff for the work
performed and out-of-pocket expenses incurred by Plaintiff;
and
b. Enter judgment in favor of Plaintiff and against Defendant at
the legal rate of interest from ; and
c. Grant Plaintiff the costs of the action; and
d. Grant any further such relief as the Court may deem just.
COUNT III
(INTENTIONAL MISREPRESENTATION)
30. The foregoing paragraphs are incorporated herein by reference as though
fully set forth below at length.
31. Defendant misrepresented that he would tear up the $350 check after he
was paid $350 in cash.
32. Plaintiff justifiably relied on Defendant's misrepresentation.
33. Plaintiff suffered damages in justifiable reliance on Defendant's
misrepresentation.
34.Wherefore, Plaintiff, Kristin Aldinger, respectfully requests this
Honorable Court:
a. Enter judgment in favor of Plaintiff and against Defendant for
breach of contract for bank charges incurred by Defendant
intentionally misrepresenting that he tore up the $350 check
after he was paid $350 in cash; and
b. Grant Plaintiff the costs of the action; and
c. Grant any further such relief as the Court may deem just.
COUNT IV
(BREACH OF COVENANT FOR QUIET ENJOYMENT)
35. The foregoing paragraphs are incorporated herein by reference as though
fully set forth below at length.
36. Pursuant to the terms of the lease, Landlord may enter the premises only
during normal business hours, in the event of an emergency or after
providing at least a 24 hour notice before entering the premise. See copy
of the lease attached hereto as Exhibit "A."
37. Plaintiff was deprived of the beneficial enjoyment of the premises based
upon the Defendant's conduct.
38. Wherefore, Plaintiff, Kristin Aldinger, respectfully requests this
Honorable Court:
a. Enter judgment in favor of Plaintiff and against Defendant for
breach of covenant for Quiet enjoyment; and
b. Grant Plaintiff the costs of the action; and
c. Grant any further such relief as the Court may deem just.
Respectfully submitted,
Kristin Aldinger
Pro Se
21 OcT 0 q
VERIFICATION
I, Kristin Aldinger, have prepared and read the foregoing and hereby
affirm that it is true and correct to the best of my personal knowledge, or
information and belief. This verification and statement is made subject to
the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to
authorities. I verify that all the statements made in the foregoing are true
and correct and that false statements may subject me to the penalties of 18
Pa. C.S. section 4904.
DATE_ff)/?.
f
By.
Kristin Oe
Plaintiff
CERTIFICATION OF SERVICE
I hereby on this a l day of &&r , 2009, I served a copy of the
foregoing Complaint on the person and in the manner indicated below,
which service satisfies the requirements of Pa. R.C.P. No. 440.
Service by HMd addressed as follows:
DATE M1a/ 16 q
By:
KriistinA1d anger,
(6
Plaintiff
In the Court of Common Pleas of Cumberland County, Pennsylvania.
Civil Action - Law
Kristin Aldinger, Plaintiff
Vs. No. CI-09-
Robert Gray, Defendant
EXHIBITS TO COMPLAINT
Kristin Aldinger
Pro Se
9 Pine Ridge Circle
Enola, PA 17025
717-728-9795
Dated: October 21, 2009
Table of Contents
Description
Exhibit
Lease ............................................................................................................ A
Receipts ........................................................................................................ B
Bank Statements ...........................................................................................C
District Justice Decision ................................................................................ D
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EXHIBIT B
BOB BREEN CUSTOM PAINTING
Dillsburg, PA 17019
Phone 717-432-8013
INVOICE
INVOICE #1105
DATE: MAY 27, 2007
TO:
Kristin Aldinger
176 Wyoming Avenue
Enola, PA 17025
717-695-0136
For:
Painting / patch and repair - from previous nail holes and other
imperfections
DESCRIPTION AMOUNT
Foyer/ Hallway - Paint walls, ceiling, trim
Repair/patch previous nail holes $250.00
Patch and Repair 2 holes in wall ( by front door and one in hallway)
Living Room and Dining Room - Paint walls, ceiling and trim.
Repair/patch previous nail holes $300.00
Master Bedroom - Paint walls, ceiling and trim
Patch/repair previous nail holes $220.00
P C?. Vk
(00
r?? K ti
IV I AL: ; 770.00
Make all checks payable to Bob Breen.
Total due in 15 days. Overdue accounts subject to a service charge of 1% per month.
Thank you for your business!
Xt
u a`1
r ..
BOB BREEN CUSTOM PAINTING
Dillsburg, PA 17019
Phone 717-432-8013
TO:
Kristin Aldinger
176 Wyoming Avenue
Enola, PA 17025
717-695-0136
For:
Painting / patch and repair
INVOICE
INVOICE #1216
DATE: FEBRUARY 28, 2008
DESCRIPTION AMOUNT
Kitchen - Paint walls and ceiling
$180.00
Bedroom - Paint walls, ceiling and trim
Patch/repair previous nail holes $190.00
Front door - Paint $60.00
00
It,
TOTAL: $ 430.00
Make all checks payable to Bob Breen.
Total due in 15 days. Overdue accounts subject to a service charge of 1% per month.
Thank you for your business!
r . .
BOB BREEN CUSTOM PAINTING
Dillsburg, PA 17019
Phone 717-432-8013
TO:
Kristin Aldinger
176 Wyoming Avenue
Enola, PA 17025
717-695-0136
For:
Painting / patch and repair
INVOICE
INVOICE #1295
DATE: DECEMBER 7, 2008
DESCRIPTION AMOUNT
Basement - Paint walls and ceiling
Patch and repair hole in wall
$225.00
u
TAB. ? • _ i
1 V 1 AL: :W llb.UU
Make all checks payable to Bob Breen.
Total due in 15 days. Overdue accounts subject to a service charge of 1% per month.
Thank you for your businessi
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EXHIBIT C
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EXHIBIT D
98 South Enola Drive, Suite 1
Enola, PA 17025
District Court 09-1-03
RICHARD S. DOUGHERTY
Magisterial District Judge
t(Dl1
September 3, 2009
RE: KRISTIN ALDINGER (pro se)
PLAINTIFF (Defendant in counterclaim.), herein after "plaintiff".
VS.
ROBERT GRAY (pro se)
DEFENDANT (Plaintiff in counterclaim), herein after "defendant".
ADDENDUM: DOCKET NO: CV-247-09 and CV-247-09 C0001.
HEARING HELD ON 1$` OF SEPTEMBER 2009 AT 9:30 AM
HISTORICAL NOTATION
Tel. (717) 728-2805
Fax (717) 728-2808
On or about February, 2007 the parties entered into a lease agreement for the
property located at 176 Wyoming Avenue, Enola, PA. The lease was eventually
terminated. Such resulted in the defendant (Mr. Gray / landlord) filing a landlord tenant
action against the plaintiff (Ms. Aldinger / tenant) in This court on or about May 22, 2009
and docketed as LT-168-09. On June 4, 2009 a hearing by this court resulted in judgment
in favor of Mr. Gray in amount of $850.00. The parties had stipulated this was an
amount owed and represented one months rent. The court, at request of the parties,
deducted $500.00 security deposit from the judgment amount which left a balance
judgment remaining as $350.00 plus costs.
Prior the June 4`h, 2009 hearing, Ms. Aldinger had attempted to file a
counterclaim which was denied because it was not filed within 5 days (Pa.R.C.P.M.D.J.
315a) of the scheduled June 4`h hearing. Ms. Aldinger then filed a separate civil action to
assert her claim(s) which was previously denied counterclaim status. This is docketed as
CV-247-09 and is the matter to now be resolved by this court.
SUMMARY OF FACTS
The plaintiff testified that shortly before occupying the rented premises she noted
the interior of the property needed fresh paint and described its condition as "hideous".
She avers the defendant agreed to paint the interior provided that she (plaintiff) purchase
the paint. The plaintiff agreed to these terms.
The plaintiff avers the defendant said he would return within 30 days to paint the
premises. After several months the plaintiff, a single mother with 3 children, finally
resorted to hiring a contractor (Bob Breen Custom Painting) to paint the interior. The
plaintiff, who had limited financial resources, had the job completed in three segments
over a few months. She paid a total of $1,425.00 which was evidenced by 3 invoices
entered as exhibits. She said the defendant visited the property several times and told
her to "hold onto my receipts".
In July, 2008 Ms. Aldinger said she received a telephone call from Mr. Gray. Mr.
Gray had apparently been notified by the water company of unusually high water usage at
the apartment. Ms. Aldinger had to hire a plumber (Stone's Plumbing) who repaired a
faulty toilet tank at a cost of $100.00. The plaintiff provided an invoice for such amount
and noted that she was also responsible for paying utilities, including water, at the
premises.
Sometime in September, 2008 the plaintiff purchased, and installed a granite
countertop in the basement. She paid $31.81 for the item but testified that she could not
recall any agreement with the defendant for reimbursement of this item.
In January, 2009 the plaintiff installed new wall-to-wall carpet (12' x 21') in the
basement of the home. She provided an invoice in amount of $400.00 from Creekside
Carpet as evidence of this purchase. She also said when she called the defendant and
inquired if she could deduct this amount from her rent the defendant replied "No... but
keep your receipts." Plaintiff "assumed" she would be reimbursed.
Plaintiff testified in December, 2008 she did not have sufficient funds to pay her
$850.00 rent. She went to the defendant and give him $500.00 in cash and a personal
check (#1997) in amount of $350.00 and post dated December 12, 2008. The defendant
accepted such. Within a few days the plaintiff obtained the $350.00 in cash (knowing
defendant preferred payment in cash) and telephoned the defendant telling him that she
now had cash. The defendant stopped at the plaintiff s home where she gave defendant
$350.00 in cash in lieu of the post dated $350.00 check. The defendant assured plaintiff
that he. would "tear up" (destroy) the post dated check.
Months later Ms. Aldinger left the rented property which resulted in the
previously described judgment ($350.00) against her. The defendant (Mr. Gray), who
was still in possession of the previous check, which he should have destroyed 7 months
earlier, then uttered the check to satisfy the judgment for which he had not been paid.
Such resulted in some of the plaintiff's personal checks now being returned NSF and
bank charges totaling $36.00.
The testimony and exhibits narrowed requested judgment amount down to
$1,992.81, exclusive of court costs. The plaintiff agreed and rested.
The defendant, Mr. Gray, said he never promised to paint the apartment, he did
not authorize the installation of the carpet or countertop, and "believes" the plaintiff had
deducted $100.00 from a rental payment resulting from the plumbing repair. The
defendant introduced a copy of the written lease agreement to call to the court attention
various sections of the lease which require "written permission" for alterations to the
premises.
The court inquired as to why he did not tear up (destroy) the $350.00 post dated
check and he responded "I guess I should have."
The defendant rested without offering any testimony or exhibits in support of his
counterclaim judgment request of $2,297.50. The court notes that such amount is exactly
equal to the amount originally requested by the plaintiff in this matter.
DISCUSSION AND JUDGMENT
In reviewing the testimony, and exhibits submitted the court finds the following in
regards to each of the plaintiff s requests for judgment award:
It is the experience of this court that tenants and landlords often discuss and reach
agreement over last minute cosmetic repairs to be made to a rented property. The court
also finds the testimony of the plaintiff to be credible with respect to the mutual verbal
agreement of the parties regarding this matter. The court awards judgment to plaintiff in
amount of $1,140.00. Such amount reflects a court determined deduction of 20% ($285)
for materials which plaintiff said she had previously agreed to pay.
The court shall award judgment to the plaintiff in amount of $100.00 for the
plumbing repair to the toilet. Such was initially reported to the plaintiff by the defendant
himself who then failed in his responsibility to fix or otherwise remedy the problem.
The court then turns its attention to the uttering of the $350.00 post dated check,
which the defendant promised to destroy seven months earlier, and resulted in at least
$36.00 in bank charges being assessed to the plaintiff. Without discussing issues relating
to potential criminality, the court finds the action of the defendant, in this aspect of the
case, to be grossly deceptive and fraudulent. It is to such degree that the court shall
exercise its discretion and take judicial notice to TITLE 73 (Trade and Commerce) § 201-
2 (4)(xvii) Unfair Trade Practices and Consumer Protection Law. As such the court
shall award the plaintiff three times the actual damages ($36.00) and shall therefore
award $108.00, as provided in § 201-9.2 of the act.
Judgment award for the carpet ($400.00) and countertop ($31.81) is denied as
plaintiff failed in her burden to prove the defendant agreed to permit or authorize these
installations. These alterations, as per the lease, would require specific authorization of
the defendant. Plaintiffs assumption of anticipated reimbursement, based upon vague
statements of the defendant, is insufficient in establishing an agreement beyond the terms
of the lease.
Therefore net judgment is in favor of the PLAINTIFF (Kristin amount of $1,348.00 plus costs of $96.50. Total Judgment: $1,444.50Aldinger) in the
In resolving the counterclaim the court finds that Mr. Gray completely failed in
his burden in demonstrating any measurable degree of damages in support of his
judgment request for an award of $2,297.50. The court therefore finds the counterclaim
to be completely without merit and shall award judgment to Ms. Aldinger.
The parties are advised of their right to appeal within thirty (30) days of this
judgment date.
QF TNc z a - :' vt :, Y
2500, 0 21 F? " 1: 0 j
John R. Beinhaur, Esquire
Supreme Court I.D. #55631
BEINHAUR & CURCILLO
3964 Lexington Street
Harrisburg, PA 17109
(717) 651-9100
Attorney for Defendant Robert Gray
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KRISTIN ALDINGER,
PLAINTIFF
: CIVIL ACTION -LAW
vs.
ROBERT GRAY
DEFENDANT
: NO: 09-6437 CIVIL TERM
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 Answer and New Matter
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 Answer and New Matter or for any other claim or
relief requested by the Defendants. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Lawyer Referral Service
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
Respectfully submitted,
BEINHAUR & CURCILLO
Dated
/(/ !? q b?' L-
By:_
qUz6a1a1r---I-
Jol? R. Beinha , Esquire
Supreme Court I.D. #55631
3964 Lexington Street
Harrisburg, PA 17109
(717) 651-9100
Attorney for Robert Gray
John R. Beinhaur, Esquire
Supreme Court I.D. #55631
BEINHAUR & CURCILLO
3964 Lexington Street
Harrisburg, PA 17109
(717) 651-9100
Attorney for Defendant Robert Gray
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KRISTIN ALDINGER,
PLAINTIFF
CIVIL ACTION -LAW
VS. : NO: 09-6437 CIVIL TERM
ROBERT GRAY
DEFENDANT
ANSWER AND NEW MATTER
AND NOW, comes the Defendant, Robert Gray, through his attorney John R. Beinhaur,
Esquire, and files the following Answer to the Complaint of Plaintiff:
1. Denied. Plaintiff resides at 310 Pitt Street, Enola, Pennsylvania.
2. Admitted.
3
4.
Admitted in part. Denied in part. The property located at 176 Wyoming Avenue, Enola,
Pennsylvania, is jointly owned by Defendant and Roberta M. Hill, his wife.
Admitted in part. Denied in part. Plaintiff has never paid the May, 2009 rent. The Plaintiff
was issued a Notice to Quit on May 13, 2009, due to repeated late rent payments, returned
checks and rent currently past due. A Judgment was entered on June 4, 2009 at Docket
Number LT-0000168-09, Magisterial District Judge Number 09-1-03, in the Defendant's
favor in the amount of $474.00. A Writ of Execution was served on the Plaintiff on
September 16, 2009, by the Cumberland County Sheriff. Payment for this Judgement was
made to the Sheriff and is still pending in the office according to the Sheriff.
5. Denied. The lease agreement referenced is a written document which speaks for itself. No
Exhibit "A" has been attached to the Complaint served on Defendant and thus the allegation
is without proof and is denied.
6. Admitted in part. Denied in part. It is denied that landlord consented to, or even had
knowledge of, tenant's actions except for a toilet repair. There was painting and carpet done
by landlord at or about the time of move-in. The remaining items referenced in the allegation
were done by Plaintiff tenant without notice and the consent of landlord. There was
subsequent re-painting and carpeting of the linoleum and concrete basement floor and
installation of a countertop in the basement which was also done without notice and the
consent of Defendant. Drywall changes in the basement were done by tenant without notice
and the consent of landlord and amounted to spackling a hole. The plumbing was a repair to
a running toilet in the half bath which tenant had repaired by her plumber on July 26, 2008
(See Exhibit "A" herein) and for which she deducted said $100.00 bill from the next
month's rent as agreed.
7. Denied. To the contrary, Plaintiff admits in her May 13, 2009, email, attached as Exhibit
"A", that no such "subsequent reimbursement" was contemplated or anticipated.
8. Admitted with clarification. With the exception of the plumbing repair (See Answer to
Paragraph 6 above), none of the items were agreed to or consented to by the landlord
Defendant despite the implication to the contrary by Plaintiff.
9. Denied. Defendant landlord paid for the toilet repair by one-time rent reduction as agreed. It
is unknown by Defendant whether any of Plaintiff's unauthorized undertakings were paid for
by her.
10. Denied. No Exhibit "B" has been attached to the Complaint served on Defendant and thus the
allegation is without proof and is denied. Such receipts would be, if they exist, written
documents which speak for themselves. To the extent the allegation implies any consent or
knowledge by Defendant of such "materials and services," such is specifically denied.
11. Denied. Defendant had no knowledge of any such desire for reimbursement for Plaintiff's
voluntary actions which she terms "repairs and services" and never authorized or had
knowledge of such exception the referenced toilet repair, which as paid by landlord. To the
contrary, reference is made to email Exhibit "B" hereto wherein no "subsequent
reimbursement" was contemplated or anticipated.
12. Admitted with the exception of the above-referenced toilet repair as no such "reimbursement"
was required or anticipated for the reasons set forth above.
13. Denied. To the contrary, these items were done without consent or knowledge. To the
contrary, Defendant specifically told Plaintiff that they wanted no changes to the basement
and she did so anyway over their objection.
14. Admitted in part. Denied in part. In December of 2008, Plaintiff gave Defendant a check in
the amount of $850.00, check number 1994. Defendant took the check to the bank and it was
dishonored. Defendant contacted the Plaintiff and the Plaintiff remitted $500.00 in cash and a
post dated check in the amount of $350.00.
15. Denied. See answer to Paragraph 14 above.
16. Denied. Defendant landlord attempted to negotiate the post-dated check for $350.00 for
which there were insufficient funds. Thus, the $350.00 tendered was to make good on
insufficient funds.
17. Admitted as to the receipt of $350.00 cash. Denied as to telling Plaintiff he would destroy the
check as she never asked for its destruction or return.
18. Denied. The bank statements referenced are written documents which speak for themselves.
No Exhibit "C" has been attached to the Complaint served on Defendant and thus the
allegation is without proof and denied.
19. Denied. Defendant always provided advance notice at least 24 hours to Plaintiff before
entering the property. Further, the Plaintiff changed the front door lock without permission or
the knowledge of the Defendant causing damage to the door when she removed the electronic
lock.
20. Denied. See the answer to Paragraph 19 above. By way of further answer, Defendant
considers this allegation not only untrue, but slanderous, vexatious, and without merit, validity
or relevancy and Defendant demands this allegation be stricken in its entirety.
21. Denied. No Exhibit "D" has been attached to the Complaint served on Defendant and thus the
allegation is without proof and denied. By way of further answer, it is admitted that this
Complaint is the result of an appeal from Magisterial District Justice.
22. Admitted.
COUNTI
(BREACH OF CONTRACT)
23. The Answers to Paragraphs 1 through 22 are incorporated herein by reference as though more
fully set forth herein.
24. Admitted as to the refusal to provide payment to Plaintiff for the reasons set forth in the
answer to Paragraphs 1 through 22 above. Denied as to any implication that such payment
was ever agreed to by Defendant also for the reasons set forth in the answers to Paragraphs 1
through 22 above.
25. WHEREFORE, Defendant respectfully requests this Honorable Court:
A. Dismiss the Count/Complaint of Plaintiff, or
B. Enter Judgment for Defendant, granting Defendant such costs and fees as the Court
deems appropriate, including legal fees which are provided for under the original
lease.
COUNT II
(UNJUST ENRICHMENT)
26. The Answers to Paragraphs 1 through 25 are incorporated herein by reference as though more
fully set forth herein.
27. Denied. Defendant could not possibly "accept" and "use" the "materials and services" of
Plaintiff as they apply to the Property in that, with the exception of a toilet repair, no such
"materials and services" were contemplated, requested, noticed, consented to or authorized in
any way by Defendant. Such unauthorized "services" includes floor coverings which must be
removed in the basement area, which was always intended to be unfinished as it was provided.
It also includes obnoxious and unusual (as well as dark) paint colors which are not that which
Defendant applied at the start of the lease. Such paint-over will require several coats in
several rooms - certainly not a benefit or value to Defendant. As such, these "materials and
services" are of no value to Defendant. Further, as to payment, no payment from Defendant to
Plaintiff was contemplated or agreed to for those reasons set forth in Paragraphs 1 through 22
above.
28. Denied. Plaintiff states a conclusion of law to which no response is required. To the extent a
response is deemed necessary, the allegation is denied. By way of further answer, Plaintiff
references no less than two (2) separate "damages" amounts with no correlation between them
and no proof supporting them by way of attachments or exhibits, let alone any agreement for
payment or provision for the payment of interest.
29. WHEREFORE, Defendant respectfully requests this Honorable Court:
A. Dismiss the Count/Complaint of Plaintiff, or
B. Enter Judgment for Defendant, granting Defendant such costs and fees as the
Court deems appropriate, including legal fees which are provided for under
the original lease.
COUNT III
(INTENTIONAL MISREPRESENTATION)
30. The Answers to Paragraphs 1 through 29 are incorporated herein by reference as though more
fully set forth herein.
31. Denied. See answer to Paragraph 17 above. No such representation was made.
32. Plaintiff states a legal conclusion to which no response is required. To the extent a response is
necessary, the allegation is denied. By way of further answer, no such representation was
ever made.
33. Plaintiff states a legal conclusion to which no response is required. To the extent a response is
necessary, the allegation is denied. By way of further answer, no such representation was
ever made.
34. WHEREFORE, Defendant respectfully requests this Honorable Court:
A. Dismiss the Count/Complaint of Plaintiff, or
B. Enter Judgment for Defendant, granting Defendant such costs and fees as the
Court deems appropriate, including legal fees which are provided for under
the original lease.
COUNT IV
35. The Answers to Paragraphs 1 through 34 are incorporated herein by reference as though more
fully set forth herein.
36. Despite no exhibit being provided by Plaintiff, the answer to Paragraph 19 above is re-averred
herein. Landlord always provided at least 24 hours notice before visiting and most of such
visits were to collect delinquent rent, which would account for the apparent venom but not the
deliberate mis-truth of this statement.
37. Denied. No such deprivation was incurred as no such lack of notice was ever exercised by
Landlord. To the contrary, by appearances after the Plaintiff removed from the property,
with the number and extent of the unauthorized changes made, it appears that the Plaintiff had
serious enjoyment of the premises, to the detriment of the Defendant property owner.
38. WHEREFORE, Defendant respectfully requests this Honorable Court:
A. Dismiss the Count/Complaint of Plaintiff, or
B. Enter Judgment for Defendant, granting Defendant such costs and fees as the
Court deems appropriate, including legal fees which are provided for under the
original lease.
NEW MATTER
39. Plaintiff requested, over the course of several months, via email, three separate repairs
concerning carpet throughout the house, linoleum floors and dishwasher replacement. Each
item was replaced entirely and paid for by Landlord during the occupancy by Plaintiff of the
property at 176 Wyoming Avenue, Enola.
40. Plaintiff chose the paint color (neutral off-white) when she moved in because she did not like
the existing paint color. Plaintiff tenant agreed to pay for the paint if Defendant landlord
would do the work. Since the entire house had just been freshly painted white, tenant paid for
the paint and landlord did the work. The painting was done before move-in.
41. Plaintiff tenant informed Defendant landlord that she did not like the newly installed carpet.
Defendant landlord actually agreed with Plaintiff tenant that new carpet would be installed
and it was, for the second time, about two (2) months after move-in.
42. The lease, attached hereto and incorporated herein by reference as Exhibit "C," requires
written approval of Defendant (landlord) for any changes to the property.
43. No such written approval for any changes to the property was ever obtained by tenant or given
by landlord.
44. Plaintiff tenant called Defendant landlord to inquire whether she could make improvements in
the basement.
45. Plaintiff wanted to install carpet, add a granite countertop, and repair an insignificant hole in
the drywall - all in what was unfinished space.
46. Plaintiff asked Defendant if she could make these changes and deduct same from the monthly
rent payment.
47. Defendant landlord stated in no uncertain terms that this was not agreeable, was an unfinished
space which he did not wish to finish, and suggested that the effort instead be placed into
paying the rent in a timely manner, which was a serious and continuous problem.
48. Plaintiff tenant continuously paid the rent due late and never paid a late fee.
49. Plaintiff tenant executed a lease (See Exhibit "C" attached hereto and incorporated herein by
reference) which contained a clause acknowledging that she had inspected the premises before
moving in. She inspected the premises before moving in and paint and wall-to-wall carpet in
the living areas were the only items addressed in such inspection.
50. Plaintiff tenant acted on her own to make unapproved and undesired changes to the property
of Defendant landlord.
51. Plaintiff tenant did not obtain the written consent of Defendant landlord for changes she
undertook and now seeks to be paid for.
52. Plaintiff tenant's lease (See Exhibit "C," attached hereto and incorporated herein by
reference) states specifically (on Page 2) as follows:
Alterations: Tenant shall not make any alterations to the premises, including but not limited
to installing aerials, lighting fixtures, dishwashers, washing machines, dryers or other items
without first obtaining written permission from Landlord. Tenant shall not change or install
locks, paint or wallpaper said premises without Landlords prior written consent. Tenant shall
not place placards, signs, or other exhibits in a window or any other place where they can be
viewed by other residents or by the general public.
53. Plaintiff tenant did not obtain the written consent of Defendant landlord for any of her
voluntary and unapproved and undesired changes to the property of landlord.
54. Landlord did not provide any oral consent to tenant for such voluntary and unapproved and
undesired changes to the property of landlord.
55. WHEREFORE, Defendant respectfully requests this Honorable Court:
A. Dismiss the Count/Complaint of Plaintiff, or
B. Enter Judgment for Defendant, granting Defendant such costs and fees as the
Court deems appropriate, including legal fees which are provided for under the
original lease.
Respectfully Submitted
BEINHAUR & CURCILLO
By:
John . Bsquire
Supreme Court ID No. 55631
3964 Lexington Street
Harrisburg, PA 17109
(717) 651-9100
Attorney for Defendant, Robert Gray
Date:
John R. Beinhaur, Esquire
Supreme Court I.D. #55631
BEINHAUR & CURCILLO
3964 Lexington Street
Harrisburg, PA 17109
(717) 651-9100
Attorney for Defendant Robert Gray
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KRISTIN ALDINGER,
PLAINTIFF
: CIVIL ACTION -LAW
vs. : NO: 09-6437 CIVIL TERM
ROBERT GRAY
DEFENDANT
CERTIFICATE OF SERVICE
AND NOW, this day of Aj" , 2009 I, John R. Beinhaur, Esquire,
hereby certify that a true and correct copy of the foregoing Answer and New Matter will be served by
the undersigned by United States first class certified mail, return receipt requested, postage prepaid,
addressed as follows:
Kristin R. Aldinger
310 Pitt Street
Enola, PA
Respectfully submitted,
BEINHAUR & CURCILLO
By: P,Esquire
John . BeinhSupreme Court I.D. #55631
3964 Lexington Street
Harrisburg, PA 17109
(717) 651-9100
Attorney for Robert Gray
VERIFICATION
I have read the foregoing Document and hereby affirm and verify that it is true and correct to
the best of my personal knowledge, information and belief. I verify that all of the statements made in
the foregoing are true and correct and that false statements made therein may subject me to the
penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
Robert Gray
DATE: (f N q161
EXHIBIT A
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EXHIBIT B
his entering your house and he said he waited a good three minutes for you
to answer the door and decided to put the paperwork inside your door in the
foyer and two hands grabbed it. He was very upset because he thought it was
one of the girls. I agree, uncalled for. Again, address that with him, not
me. And yes, you have taken excellent care of the place. I have no
complaints about that. In fact, other than your paying your rent on time, I
have NO complaints about you AT ALL. I would be happy if you paid your rent
now and I'd increase your grace period to the first five days of every month
if that made it easier for you, and you and your girls and dog could
continue staying there for as long as you want. THAT'S WHAT I'D LIKE.
-----Original Message-----
From: kristin.aldinger@gsa.gov
Sent: Wednesday, May 13, 2009
To: Hill, Roberta M (DDSP)
Subject: RE: Townhouse
Bobbi,
[mailto:kristin.aldinger@gsa.gov)
11:47 AM
My rent HAS ALWAYS been a priority to me. I am a single mother raising 3
children w/out any help from their father. I am doing the very best I can,
sorry that wasn't good enough. I know (as Bob told me.... and embarrassed me
in front of my neighbors) "This is a business to us" and I get that but he
had no right to humiliate me like he did.
At no time did you tell me you would return the checks. When were they sent
certified because I have not yet received a notice? You in fact stated " I
will rip them up, once I receive 1 check for $850". My mom offered to give
it to you on May 4th in the amount of $850 so the question is- why didn't
you take her up on that? You or Bob told my mother " No, we're not
accepting a check from you because you're not our tenant". Just so you
understand, IT IS NOT FREE for me to set up a direct deposit with my bank.
PNC charges a fee of $25 per transaction. I could set it up with a Credit
Union w/out a fee IF I WAS A GOVERNMENT EMPLOYEE which I am not- this was
explained to you and Bob. I am a contracted employee for the Government.
And at no time did you tell me (or put in my lease) that any extra deducted
from my account would be put back w/ interest?? That is the news to me.
[I fear you will never again have a landlord who will allow you to pay your
rent late without penalty, allow you to have a dog without an extra fifty
dollars being tacked on to your rent every month, or allow you to make the
changes to the their property without the consent of the owner, (which is
stated in your lease). Changing locks without our prior knowledge was
unacceptable, paying your rent late and bouncing rent checks is
unacceptable.)
In response to your above comments, I have paid late fees for being late ( a
few days) and have only had 1 return check (over a year ago). I am a damn
good tenant-- you both have told me that so many times. I told Bob (called
his cell phone) and told him about the lock on the door and gave him the
code. He at no time told me this was an issue. He stopped by the townhouse
shortly after and commented on the lock and in fact told me he wanted to get
one for your house. Bob was to come back and fix the weather strip on that
door and the handle (was entirely too loose). He never did and I didn't
complain about that .... I took care myself. How many tenants would do
tktat? [Not to mention, putting the amount f money I have into that place
w/out asking for a DIME of it to be taken ut of my rent? I can not think of
w n myself). I took pride in that
townhouse.... it was our home. Regarding the paint/improvements, I was
given verbal permission from Bob to do...when I signed the lease. Again, he
commented on how nice the place looked. -
I understand Bob did what he was advised to do per the Sheriff's office but
2
4
EXHIBIT C
'NOV-12-2009 12:26 From:MDJ DOUGHERTY 7177282808
Residential Lease/Dental Agreement
Page I of 4
RF.N'I AI. / I.F,ASF• A0RP+.MkN'1'
LANDLORD: Robert M. Gray
TENANT: Kristin R. Aldirlgcr
PROPERTY ADDRESS- 176 Wyoming Ave Enola I'A.17U275
To:7176519200 P.2/5
It.I_N fAL AMOUNT- Comnrr:ncing March 1.2008 ".tenant agrees to pay Landlord Ilrt::,unr of$850.00 per nimo r
Rent must be actually reccivul by Landlord, der de.si'unated agent, on or by the firs( ddiy of the month, to urdcr
to be considered in compliance witb the temis of this agreement.
"fr,RM: The premises are on s I .ease tenancy of mo.nth to niontlh.
DEPOSITS: Tcnunt shall pay the Landlord the following Deposits, which may or not be rc('undable. To climitly its a
Refundable Deposil, lhc:- prerriisc?', rnust be 1Cll iu llic same condition (considering reasonable w(-nr and teas), ;?s when
TC(i rnt nrovcrl in
SECURITY I)Fa't STI: $500, which is refundable.
Said Deposits arc to be held acrd disbur sod Ajr Tenant. dmitagcs to the premises (if any) I1S provided by law. l enaio
may NOT tome All of Airy Prat orf'said deposits fr)r rem owuil. Willtirt 20 days of the Tenant vacatiirl; the premises,
.U.1ri (lord shall fumish Tenant a written statement indicating any t?lrrounts deducted, as pennitted by lrrw. and retur?ring
the 1),dance to the Tenant. Tenant agrees that no interest whatsoever w(lI accrue on said deposits. If Tenant nails to
furnish a forwarding address to Landlord, then Landlord shall mail said statement and dory dcposi( refunded, to the
leased p,ertiises.
INITIAL PAYMENT: Tenant shall pay, in the form of guaranteed funds, and pric.),r ra occupancy the following-
Total of all Deposits $ 500/P aid
Est Month Rent $ 850
Total of al) Money Due $ 850
OCCUPANTS: The prc? mw shall nut be occupied by any person other than those desigrnitcd above as T'cnant(s) with
the exception of the following napped persons: daughters. 11 L ndlcntl, wil1i writtCn consent, allows tar addrt lonal
persons to occupy the premises, the rent shall be increased by $200 for each such person. Any porson staying 10 (lays
cumulative or longer, without the Landlord's written consent, shall be considered as occupying the premises in
viol.16011 of tllis ngreetcrerrt.
tiI)IiI,F_`1"L'LLV(_: OR Atitil(:NI.N(_.: Tonant ayrecs not to assign or sublet the pieanism. or any part thereat; without
first obtaining written permission from landlord.
r/ f, 11
NOV-18-2009 12:26 From:MDJ DOUGHERTY 7177282808 To:7176519200 P.3/5
Residential (,ease/Rental Agreement
Pagc 2 of 4
UT11,ITiES: Tenant shall pay for all ut111t1CS arlcl/or vtrvices `upplicd to tl.le prumises with Lilt fb. Howing;
exception: sewer and trash.
PARKINC' I enamt is assigned two barking spaces. Tl•assigncd a parking; stance it shall be desigriaic;d as space #176.
Tenant may only park a vehicle that is registered in their riarnu. Tenant may not nrm n, sublet, or allow any other
person to ut;c this space This space is exclusively used for the parking of passenger autornobr Icti by the Tenant. No
other type of vehicle or item may be stored in this abase wolioul prior written ccmsent of Landlord. I enant may nut
wish, rrpair, or paint ui tlds space of at arty other common area on thu premises.
CONDITION OF P.REIVUS.ES: Tumant acknowledges that t:he prenuscs havc been inspeclud l cnant acknowle(ig!cs
that said pi-crrrises have bcori cleaned aril all i(ems, fixtures, appliances, nacl appurtenances are in complete; working
order. Tenant promises to keep the premises in a near And can.itary cunditron and to immediately reimburse 1 andlord
1"or arty surrrs ncccs,"ry to repair any item, fixture or appurtenance that needed scrvice due to I 'entuits, or Tenant:;
invitee, misuse or negligence. Tenant shin) he responsrhlc for the cleaning or repair to any plumbing: fixtu,c wh.tre a
xiopp;igu stns occurred. I't:nant sh;hll also be responsible for repair or replacerncrt( of the garbage clrspusal where the
cause: has been a result of bones, grease, pits, or any other item, which normally causes blockage of the mechallisirr
ALTERATIONS: Tenant shall not rrtakc any alterations to the premr,es, including but not limned to tustalltltg aerials,
lighting fixtures, dishwashers, washing ntaehines, dryers or tither items wttlhuut first obtaining wr inert permis.aon from
Landlord. Tenant shall not change or install locks, paint or wnllpaper Stud prom iscs wlthoui I nndlo,dr, prior written
consent, Tenant shall not place placards, signs, or tither exlnbrbs in a window or any other phut where they Call be
viewed by other residents or by the general public.
LATE CUARCE / BAD CHECKS: If Landlord has.not received any rent payrrwrit within 2 days ;rtter rent becomes
clue pursuant ire the provisions of this Icasc, :I. cnarrt shall pay to Landlord a late flee of $20 00 per day in addition to the
monthly rent then due. This LATE FUX shall commence on the 2nd of the month and accrue until payment and
accumulative late ices arc received by Landlord. If Milt is nut paid when. due acid landlord issues a (Notice To Pay
Rent Or Quit), Tenant must tender cash or casluers check only. If 1 enant tenders a check; which is dishurwr d by a
Nanking inttrhhhpn, than Tenant shall only tender cash o> cashiers chuck for all future payntecit.s. This shall continue
until such time as written consent is obtained from Landlord. in addition, -1't:nar11 shall be liable in the stall of $50.00
for each check issued by "Tenant than is teturned to Landlord, from Landlords hank, not paid for any reason.
NOISE AND DISRUPTIVE ACTIVITIES: Tcjiuat or their guests and invitees shall not disturb, annoy, ertdam,t:r or
inconvenience other tenants of the building, nerghhors, tltc: I,Mrldlord or his agents, or workmett nor violate any law,
nor commit or permit waste or nuisance in or about the premises. 1•urther. Ton tit shall not do or keep anything in or
about the prt;Tniscs that will obstntct the public spaces available to other residents. Loung, ng or unnecessary loitecrng
oil the front steps, public. balconies or the ooninion hallways that intcrferes with the convenience of other residents is
prohibited.
LANDLORD RIGHTOF ENTRY: Landlord may enter and insprcl lltc premises during normal business hours and
upon reasonable advance notice of at least 24 hours to Tenant. Landlord is permitted tv make all alterations, repairs
and maintenance that in Landlord's iudg,'ment is necessary to perfomi. In addition Landlord has all rights to enter
pursuant tr., laws c,fthe Jurisdiction If the work peifoirned requires that Tenant temporarily vacate the unit, then
Tenant shall vacate fur this lcmporary period upon being served a notice by Landlord. Tenant agrees that. in such event
'i'crlant will be solely ex-mipcnsated by a correspochding reduction in rout for those many stays that Tenant was
temporarily displaced. If the work to be performed rcyuirevs the cooperation of Tenant to pertotnl certain tasks, then
those tasks shall be performed upon serving 24 hours written notice by Landlord..
REPAIRS BY I:A.NIWORi): Where a rc-parir is t.hc responsibility of the Landlord, Tena w rrtuSl notify Landlord with
a written nrnicr stating what item need: servicing: or repnlr. terrain tuust give Landlord a rea:xrnable oppurtunity to
service or repair said item. Under no circumstances may Tenant withhold rent unless said item constitutes a substantial
breach of the warrantee of habitability as stated in laws of thejurisdletloll
'NOV-12-2009 12:26 From:MDJ DOUGHERTY 7177282808 To:7176519200 P.4/5
Rusiclcntial 1-case/Rental Agreeniciit
Page 3 of 4
PETS: One small "no larger than 15 lbs." dog may he kept on or about the promises.
FURNISHINGS: No liquid tilled furniture of any land may be kepi on. the premises without f .andlords written
Consent.
INSURANCE: Tenant shall maintain Renters Insurance including Itabil.ity Lulus oh ,it lust
5100,000 and property damage with a minimum limit of al least $30,111111. 1 cil<lrtl shall deLYC'1" ill)l)I"trill tfIIC CVrdNI1Ce t0
Landlord as proof that adctluale insurance is in k1rec. Landlord shall have the right to IN1.11rc that the. Landlord rreeive
nol wt: of any 10111111;111011 01 MICII I11S111i1 ICO:lIr1TICl( C
TERMINATION OFLEASE / RENTAL AGREEMENT: If this lease is haticd on a Fixed date, putswint le,
paragraph 2, their at the expiration of said fixed date this lease shall become a month to mr.,ntl, tcrtjncy upon the
approval of Landlord. Where said date is a month-to-month tenancy, e1l:iler pkir(y may terminate this tcrlanCy by the
serving of a 30-day written nudge.
POSSESSION: If premises cannot be delivered to Tenant on the agreed clate clue to loss. total or partial destruction of
the premises, or failure of previous tenant to vacate, either party may terminate this agrccriiertl upon written notice to
tire. other party at their last Liown address It is acknowledged that either party shall have 110 habdify to each caller
exc_c:pl Ihat all surd, !laid to T.andlclyd will be immediately refunded to l crawl
ABANDONMENT: It shall be deemed a reasonable belief by the Landlord that an abaiidoriment of the premicec has
occurrul where rent ha; beer, unpaid for 30 consecutive days grid lbc Tenunl has been absent from unit for 30
cunscc urivc: (lays. In that event, Landlord may serve written 11011ce pursu.nll to the Civil Cody; of thejurisdictic)n If
'T'enant does not comply with the requirements of said notice, the prernlses shall be deemed :abandoned.
WAIVER; L andlurds lailulr to requile earlrpli,nCe with the coudILAnis of lttis agreement, of to cxcrc:tsc any right
pluVI(IL- l ht-1011, shrill not he deemed a waiver by Landlord of such condilion ur right- Landlord's nccPptanee of roll.
with knowledge of any default under agreement by Tenant shall not be deemed a wallvcr of such drlault, nor shall it
limit Landlords rights with respect to that or any subscduent right. It is further agreed hetween the panties that the
payrricat cy1, rent at any t(mc shall not be a waver to any Icgal action.. unless Lauidloid spCClhCidly 1&110WICNIVI-, lrl
wilting that this constitutes a waiver to said legal action.
VA1,lft)CTV / S'FVERARTT,TTV: Tfatiy provision of this agreement is held If_1 be invalid, such invalidity shall out
affect [tic vr111r ily of enforceability of any other provision of this agreement.
ATTORNEY FEES: In the event action is brought by any party to enforce any trtuiis of this agreement or to recover
possession of the premises, the prevailing party shall recover from the other party reasonable oltorney fees.
NOTICES: All notices to the tenant shall be deemed served upon mallrng by first class mail. addressed to the Tenant.
at the subject premises or upon personal delivery to the prcrniscs whether or not Tenant is actually present at the time
of said delivery. All notices to the Landlord shall br scrvccl by mallin>< first class mail or by per"onrll delivery to. 72
Spring Uric Road. Dillsbur& Pa
PERSONAL PROPERTY OF TENANT; Once; Tenant vacates the premises; all personal property lent by the lonant
shall bc stored by tie Landlord fie 30 days. If withal that time period. Celina does nut churn said property, Landlord
may d1sposc (if-,rlitd items in any manner Landlord chooses.
APPLICATION: All statements in Tenant's application must be true or this will constitute a material h,e;lc)t of this
lease.
NOU-12-2009 12:26 From:MDJ DOUGHERTY 7177282808 To:7176519200 P.5/5
Residential lxase/Rental Agreerent
Page4 oC4
ENTIRE AGIMEM.RN.T. This A.greetneAt cotitallis the critirr agrmMmit of the pal I ic.N, and there are no ether
pi onuses or conditions in any other agreement whether oral m wi itlen The Agreement m;ry be mudilicd or amendEd n,
writing, if it is signed by the party obligated under the amendment. Tenon( acknowledges that Tenant. I?as read and
understood this agreement and has beam famished a duplicate original.
/?
Dated ?y
Landlord
Address. 72, _2ring Lane Road, Uillsbury Pa.
Dalcd
TEN
Addre
Phone-717-502-9940
(3
AN" , 1'hone-
10-3Z
ss. 176 W omin , Ave Enol PA
1GQ9 NO V 2 5 Asp I0-. 3 {
r
John R. Beinhaur, Esquire
ID# 55631
BEINHAUR & CURCILLO
3964 Lexington Street
Harrisburg, PA 17109
717-651-9100
Attorney for Plaintiff
~lL~~r
~,
2Q1~ J~~# 29 ~F~ 2~ I ~
CU,*'J~.I int. $Li~ ~../~y'~Ili l
~E.fiJ~`1`t2tlfa~`dlA
KRISTIN ALDINGER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 09-6437 CIVIL TERM
ROBERT GRAY
Defendant CIVIL ACTION -LAW
To: Ms. Kristin Aldinger
310 Pitt Street
Enola, PA 17025
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
Dauphin County Lawyer Reference Service
213 North Front Street
Harrisburg, PA 17101
(717) 232-7536
Date: ~ Z ~ f~
BEINHAUR & CURCILLO
John einha Esquire
Supr e Court ID No.: 55631
3964 Lexington Street
Harrisburg, PA 17109
(717) 651-9100
s
John R. Beinhaur, Esquire
ID# 55631
BEINHAUR & CURCILLO
3964 Lexington Street
Harrisburg, PA 17109
717-651-9100
Attorney for Plaintiff
KRISTIN ALDINGER,
Plaintiff
vi.
ROBERT GRAY
Defendant
To: Ms. Kristin Aldinger
310 Pitt Street
Enola, PA 17025
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-6437 CIVIL TERM
CIVIL ACTION -LAW
NOTICIA IMPORTANTE
USTED HA NO COMPLIDO ON EL AVISO ANTERIOR PORQUE HA FALTADO EN
TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA
DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN
FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PORIA
PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR
ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO
TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA
OFICINA ESCRITA ABAJO PARR AVERIGUAR A DONDE USTED PUEDE OBTENER LA
AYUDA LEGAL.
Dauphin. County Lawyer Reference Service
213 North Front Street
Harrisburg, PA 17101
(717) 232-7536
BEINHAUR & CURCILLO
Date: 6/ L--C) /l a
John R emhaur, Es. uire
Supre e Court ID No.: 55631
3964 Lexington Street
Harrisburg, PA 17109
(717)651-9100
y
John R. Beinhaur, Esquire
ID# 55631
BEINHAUR & CURCILLO
3964 Lexington Street
Harrisburg, PA 17109
717-651-9100
Attorney for Plaintiff
KRISTIN ALDINGER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vii. NO. 09-6437 CIVIL TERM
ROBERT GRAY .
Defendant CIVIL ACTION -LAW
To: Ms. Kristin Aldinger
310 Pitt Street
Enola, PA 17025
CERTIFICATE OF SERVICE
I, John R. Beinhaur, Esquire do hereby certify that the foregoing Notice was sent
by first class, postage prepaid certified mail, return receipt requested, this date to the
following last known address of the Defendant:
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 9914 6123
To: Ms. Kristin Aldinger
310 Pitt Street
Enola, PA 17025
Date: E7 z~ `~
BEINHAUR & CURCILLO
John einhaur, uire
Supreme Court ID No.: 55631
3964 Lexington Street
Harrisburg, PA 17109
(717) 651-9100
KRISTIN ALDINGER : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. ;DOCKET NO. 09-6437 CIVIL TERM
c~
~` J r'^~
ROBERT GRAY ` - ~ ~,~. _
r.~ `~
Defendant ;CIVIL ACTION-LAW _~~'~~~'
c~ -~
~ C.~.? ~_`J Ca 1
.. "°d
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT `~ ~~~`.
TO THE PROTHONOTARY:
Please enter a Judgment by Default in the above matter as the Plaintiff has
failed to respond to the New Matter asserted in Defendant's Answer and New Matter
served despite notice. Notice pursuant to Pa. R. Civ. P. 237.1 (a)(2) was mailed by both
regular First Class U.S Mail (not returned) and Certified Mail to the Defendant, and more
than ten (10) days have passed since notice.
Respectfully submitted,
BEINHAUR & CURCILLO
e>~v~'~,~r~.
John Reinhaur l""
Supre Court LD. #55631
3964 Lexington Street
Harrisburg, PA 17109
(717) 651-9100
Attorney for Defendant
DATED:_~ (~~ 0
~' / y,QO p ~ ~7
c~~
~~ ~~~ ~~~
~af IGG yw-w ~Pl~
h
KRISTIN ALDINGER
Plaintiff
v.
ROBERT GRAY
Defendant
TO: Kristin Aldinger, Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 09-6437 CIVIL TERM
CIVIL ACTION-LAW
You are hereby notified that on ~ ~~t~- ~ , 2010, a Judgment
by Default for failure to respond to the New Matter contained in Defendant's Answer and
New Matter was entered against you in the above-captioned case.
DATE: V.Cr%ot/t-(_.19~c~1Q ~c~~.wr~C ~. ~,~~
Prothonotary
~~
YOU SHOULD TAKE THIS PAPER T YOUR LAWYER AT ONCE. IF YO
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or (800)990-9108
CERTIFICATE OF RESIDENCE
1 hereby certify that the following is the last address of the Plaintiff stated herein:
Kristin Aldinger, 310 Pitt Street, Enola, PA 17025
I hereby certify that the following is the last address of the Defendant stated herein:
Robert Gray, 72 Spring Lane, Dillsburg PA 17019
BEINHAUR & CURCILLO
By:
J a/i%O
up. Ct. .D. 55631
3964 Lexington Street
Harrisburg, PA 17109
(717) 651-9100
Attorney for Defendant
R. Beinh ,Esquire
I
Rule 236 Notice