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Home My WebLink About09-7341HAROLD S IRWIN 111 ESQ SUPREME COURT ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 11013 ATTORNEY FOR PLAINTIFFS VINCENZO MAZZAMUTO and GERARDA MAZZAMUTO, Plaintiffs vs. TAMMY DARHOWER and TAMMY DARR, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009 - WYL CIVIL TERM :LANDLORD/TENANT 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 your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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, Pennsylvania 17013 717-249-3166 VINCENZO MAZZAMUTO and GERARDA MAZZAMUTO, Plaintiffs Vs. TAMMY DARHOWER and TAMMY DARR, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2009 - 3Y/- CIVIL TERM : LANDLORD / TENANT COMPLAINT NOW come the plaintiffs by their attorney, Harold S. Irwin, III, Esquire, and file this complaint, representing as follows: 1. The plaintiff are VINCENZO MAZZAMUTO and GERARDA MAZZAMUTO, adult individuals residing at 501 Limestone Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendants are TAMMY DARHOWER and TARA DARR, adult individuals whose last known address is 70 North Middleton Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. At all time relevant hereto, plaintiffs were and remain the owners of real property located at 230 York Road, Apartment B, Carlisle, Cumberland County, Pennsylvania 17013. 4. On or about February 2, 2008, plaintiffs leased to the defendants the aforesaid apartment. Since that time, however, defendants vacated the apartment following a hearing before District Judge Susan K. Day on July 21, 2009. 5. Said hearing resulted in an award to the plaintiffs of the amount of unpaid rent, late charges and court costs in the total mount of $2,573.25 due and owing from the defendants to the plaintiffs as of the date of the hearing. 6. At the time of the hearing, plaintiffs had been unable to inspect the subject property to determine what, if any, damages needed to be resolved by he defendants and how much, if any, of the security deposit should be returned to defendants. 7. Subsequent to defendants vacating the apartment, plaintiffs did perform an inspection and have obtained an estimate for all of the work that must be done to restore the premises to its pre-lease condition. 8. The estimated cost for the repair and restoration of the premises is $7,071.77, as shown on Exhibit "A", attached hereto and incorporated herein by reference. 9. In addition, said lease provided that the defendants are required to reimburse to plaintiffs the all court costs and attorney fees incurred in enforcing the terms of the lease by the plaintiffs. Those costs are presently $750 and are expected to increase due to the litigation and collection proceedings which may be required in this matter. 10. At the time of the lease, defendants paid a security deposit of $690.00 for which they should be given credit in this matter. WHEREFORE, plaintiffs demand judgment against the defendants in the amount of $7,131.77, itemized as follows: Property Repairs/Restoration $7,071.77 Attorney Fees to Date 750.00 Total $7,821.77 Less Security Deposit -690.00 Net Due Plaintiffs $7,131.77 plus court costs, additional attorney fees, and interest as may accrue through the date of the judgment and collection thereon. October19, 2009 HAROLD S. IRWI , ll Attorney for plaintiffs 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION I verify that facts contained in the foregoing complaint are true and correct to the best of my knowledge, information and belief. To the extent that the content of the complaint is that of counsel, I have relied upon counsel in making this verification. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. - It Octoberl% 2009 EXHIBIT "A" Construction Estimate File Name: 230 York St apartment B (Vinny) Qty Craft@Hours Unit Material Page 1 Labor Equipment Total TDHI Services David Blackburn - Owner 913 Wakefield Ave Mechanicsburg, PA 17055 PA# 001524 Phone: 576-8953 Fax: 795-9773 Date: 08/10/09 Project: Apartment damage repairs Location: 230 York St. Job #:09-0143-b Owner: Vinny Mazamuto ESTIMATE Brief Job Description: Repairs needed to bring apartment back to re%We shape Brick entry step and landing repairs: 1.00 C4@6.750 Ea 35.00 258.30 0.00 293.30 **Subtotal: Brick entry repairs 6.8 35.00 258.30 0.00 293.30 Replacement screens Storm door and windows Screens for vinyl-clad wood windows 8.00 BC c@12.45 Ea 272.00 464.08 0.00 736.08 **Subtotal: replacement screens 12.5 272.00 464.08 0.00 736.08 Pressure wash Pressure washing gas powered and detergent 1200.00 PA@2.400 SF 84.00 **Subtotal: Pressure wash 2.4 84.00 120.00 0.00 204.00 120.00 0.00 204.00 donstruction Estimate Page 2 File Name: 230 York St apartment B (Vinny) Qty Craft@Hours Unit Material Labor Equipment Total Handrail installation w/ (3) brackets secured into wall framing: Handrail 1-1/2" x 2-1/4" 8.00 BC@.8560 LF 38.16 31.92 0.00 70.08 **Subtotal: Handrail 0.9 38.16 31.92 0.00 70.08 Sanitize/sterilize floors and kitchen K, 1.00 131@8.000 Ea 123.40 242.80- 0.00 366.20 **Subtotal: Sanitize 8.0 123.40 242.80 0.00 366.20 Acrylic latex interior Sealer/primer Acrylic latex interior primer and sealer, for entire sub-floor for odor lockdown - Urine smells 4.00 131@25.00 Gal 85.54 758.80 0.00 844.34 **Subtotal: Seal subfloor 25.0 85.54 758.80 0.00 844.34 Install new carpet and pad - Entire house Carpeting, subcontract Medium quality, 35 to 50 oz. face weight nylon carpet Including a 1/2" (6 lb density) rebond pad 133.00 131@26.60 SY 1,423.10 807.31 0.00 2,230.41 **Subtotal: Carpeting 26.6 1,423.10 807.31 0.00 2,230.41 Construction Estimate Page 3 File Name: 230 York St apartment B (Vinny) Qty Craft@Hours Unit Material Labor Equipment Total Re-Painting: Interior surfaces walls and ceiling 3500.00 PT@17.50 SF 140.00 665.00 0.00 805.00 **Subtotal: Re painting 17.5 140.00 665.00 0.00 805.00 Replacement of french door exterior brick molding and seal door: 21.00 BC c@1.050 LF 16.80 39.06 0.00 55.86 *'"Subtotal: Exterior bdckmolding replacement 1.1 16.80 39.06 0.00 55.86 Replace missing grills, receptical and switch cover and damaged trim: 1.00 D1 x@3.400 Ea 45.00 108.80 0.00 153.80 **Subtotal: Missing grills,etc 3.4 45.00 108.80 0.00 153.80 Install new smoke alarms: Smoke detector installation 5.00 E4@1.750 Ea 62.50 78.65 0.00 141.15 **Subtotal: smoke detectors 1.8 62.50 78.65 0.00 141.15 Install new toilet tank parts (guts) 1.00 P1@1.000 Ea 14.00 32.55 0.00 46.55 *"Subtotal: Toilet repairs 1.0 14.00 32.55 0.00 46.55 Construction Estimate Page 4 File Name: 230 York St apartment B (Vinny) Qty Craft@Hours Unit Material Labor Equipment Total Service and clean heating and A/C system - inside air handler and outside unit Heating and A/C service 1.00 SN@4.000 Ea 23.00 137.10 0.00 160.10 **Subtotal: Heatand A/C service 4.0 23.00 137.10 0.00 160.10 Window replacement Replacement of damaged wood window in bedroom 1.00 BC@2.013 Ea 123.00 **Subtotal: window replacement 2.0 123.00 75.00 0.00 198.00 75.00 0.00 198.00 General debris, trash and hauling yard maintenance - Dumpster rental 1.00 131@11.00 Ea 433.00 333.90 **Subtotal: Clean-up 11.0 433.00 333.90 0.00 766.90 0.00 766.90 ** Please call (717)576-8953 to request scheduling ASAP ou for the on job. David Blackburn - ";TDHf_ Total Manhours, Material, Labor, and Equipment: 123.8 2,918.50 4,153.27 Subtotal: 0.00 7,071.77 7,071.77 Y Construction Estimate File Name: 230 York St apartment B (Vinny) Qty Craft@Hours Unit Material Labor Equipment Page 5 Total Estimate Total: 7,071.77 %Mxe4%Qw 0 7e. ?? aaz sad Sheriff s Office of Cumberland County R Thomas Kline nn ~'~~~E..~.r ;~-r ' "'L nrw Sheriff i ~` ~ ~ ~ ...~~`~~~~, ~1 Liiiut>rr(.ri~tS #~ Ronny R Anderson Z~u~ ~~av'~ _ 3 ~#k 1 ~~i; L Chief Deputy _ Jody S Smith ~i ,; ,,~~r~~ ~:~ I~ Civil Process Sergeant ~'~ ~ ` ` ~ ~ ~ ~~- ~~ '~~~~ Edward L Schorpp Solicitor Vincenzo Mazzamuto Case Number vs. 2009-7341 Tammy Darhower SHERIFF'S RETURN OF SERVICE 10/28/2009 03:35 PM -Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on October 28, 2009 at 1535 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Tammy Darhower, by making known unto herself personally, at Harvon Motel 851 N. Hanover Street Apt. 23 Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/28/2009 03:35 PM -Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on October 28, 2009 at 1535 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Tammy Darr, by making known unto herself personally now known as Tammy Darhower, at Harvon Motel 851 N. Hanover Street Apt. 23 Carlisle, Cumberland County, Pennsylvania 17013 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 ANSWER ~..+ October 29, 2009 R THOMAS KLINE, SHERIFF ~' Depu heriff Vincenzo& Gerarda Mazzamuto K',r 1 501 Lime Stone Rd 2 Carlisle, PA 17013 ?.13 OCT f 5 Pe. 2 Plaintiff In Pro Per ±+ f 3 PENNSYLVANIA 4 Cumberland County Courthouse 5 6 ) Case No.: 09-7341 Vincenzo& Gerarda Mazzamuto, 7 ACKNOWLEDGMENT OF ASSIGNMENT Plaintiff, OF JUDGMENT 8 vs. ) 9 Tammy Darhower& Tara Darr, <) 10 ) Defendant ) 11 12 COMES NOW, Vincenzo & Gerarda Mazzamuto,Plaintiff in the within matter and hereby 13 provides the following in support of an ASSIGNMENT OF JUDGMENT: 14 1) THAT judgment was entered by this court on or about 10/28/09. 15 2) THAT Plaintiff Vincenzo& Gerarda Mazzamuto was awarded against Defendant 16 Tammy Darhower& Tara Darr the sum of$7,131.77. 17 3) THAT there have been no renewals since the entry of said judgment by this court and that 18 Plaintiff Vincenzo& Gerarda Mazzamuto has received$0.00 of judgment from 19 Defendant Tammy Darhower& Tara Darr. 20 4) THAT Vincenzo& Gerarda Mazzamuto of 501 Lime Stone Rd Carlisle, PA 17013 is the 21 judgment creditor of record. 22 5) THAT the last address of record for the judgment debtor is 70 N Middleton Rd Carlisle, 23 PA 17013. 24 6) THAT I hereby transfer irrevocably, without recourse, and assign all title, right, and 25 interest in the within judgment to the following person: 26 Michael Carducci 27 q.sorQ/ M • C D/B/A MDC Judgment Recovery 28 eas 4 PO BOX 52 Mount Holly Springs, PA 17065 12-#-02464 6 "Acknowledgment of Assicmment of Judampnt" - 1 1 717-609-0178 2 7) THAT I hereby authorize Assignee, Michael Carducci DB/A MDC Judgment Recovery, 3 to recovery, compromise, settle and enforce said judgment and I withdraw all right and 4 claim to same. 5 6 Signed this a day of (0 °D6Pi(., , 2013 at and PA. 7 8 Swo VC.N 7a 4 w-.0 Sta-ssc,ce/k..2) 9 r36 j e "--e- 7V-1S 7 in.°nzo : to. ,rda M. u 10 c��62 2vi3 , 11 �/ 12 � 16111 13 NOTARIAL SEAL 14 HAROLD S IRWIN Iii Notary Public 15 CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Feb 6,2015 16 17 18 19 20 21 22 23 24 25 26 27 28 "Acknowle.dnment of Assicmment. of Judrnnent" - 2