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Home My WebLink About10-6830Gi TNEi'P OTNt3~1`~~'~~ 2D1D OCT 28 PM 2~ ?~ PRC}t~F OF SERVICE {~F N01~~1~~`I~-V~4'~f-~AL AND RULE Tt~ FILE COMPLAINT (This proof of service i~(JST BE FILED VVITNIf~ TEN (~~~ DAYS AFTER filing the notice of appea{, Dheck appficabie boxes) CC}MMONwE ~~~N~OF PENNSYLYANI~ ............._..._...__W_____......_..._....._...~_rr'!.~ AFFIDAVIT. 1 hereby swear or affirm that i serveb a copy of the Notice of Appeal, Common Pleas No. ~CS-~i'~~'~.~~' ,upon the District Justice designated therein on (date of sar~'~ce) _1_e~= ._ ____..~_. by personal service C~ by certified} {registered} mail, sender's receipt attached hereto, and upon the appellee, ;namej . ~ .. c....__~..v //>~ _ _ _~ .. ~` _.. ^ by personal service..( by {certified} {registered} mail, sender`s receipt attached hereto. ~ and fur er tha 1 serued the Rule to Fiie a Complaint accompanying the above Notice of Appea! upon the appellee{s} to whom the Rule was addressed on ~ d ..~. '1.. _, ._.______ , b i~rsonal service b certifiedt r €stered mail, sender's receipt attached herd otof `~i~~''~ ^ Y p ,~ Y { ( 9~ } S1~Vt~RN {AFiRt~ED) AND SUBSCRIBED BEPQRE ME ~ ` y , ~ _..__.._ __ ~ °>~ture cif afft`anf ~.^f~~,~~ ~ ~f olii~~a, ,,•e~or~ ~v! r~ at~`~fav,i ~ ~~;Erac~~ COMMONWEALTH OF PENNSYLVANIA ..~ .__. Notarial m O t1"I Certified Fee ~ 0 Retum Receipt Fee (Endorsement Required) O Restdcted Delivery Fee ~ (Endorsement Required) •-~ Total Postage & Fees irt.l o _MDJ Vivian Cohick O Street, Apt"No:; -------------'----- - ~ o~~eat?~i141n Drive MaiBta l Nosl, Notary Public Carlisle faoro, Cumberland County t Cdtrirte.~.~ Fires Sept. 18.2011 DGM -Caluir.l'oth' _ ;'i ~' :. Postage I $ a o n°i UNITS 0 mN-- S T ~ eT~ ~ ~ ~ Pld ~~ '~ .V 1' O N _N ~~ ~~ ~ ~ S ~I n ~ O y iji V ^ ..F~--< 0 0 ` m '• • ~ - ~ DGM -Calvin I;oth m ~ Postage $ ~ ' D o ° v UNITS r r7l Certified Fee m N ~ ~~ '~ ~ Retum Receipt Fee ~ ~ °i ~ P~k O (Endorsement Required) ~ au ere ~ Restricted Delivery Fee (Endorsement Required) ~ N 1 t I N CO ~ ~ ~ Total Postage & Fees ~ ~, ~ /~ C7 Q ~ I ~~ ~ y O Q= ~ M1o ant o Michelle Saville , V• m ~ orP~~oxlpgiY. field Street ----- ~ ~ C ------------------------------------------------- Clty, State, ZlP+4 ra.a.--~-~---- -------• Newville _PA 17241 ;. -~~--.._._ ._ __ NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS C1:TM~~F"L:AbiI~ COUNTX JUDICIAL DISTRICT 0893-02 FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Nw ~~ »~ NOTICE OF APPEAL Notice is given that the appellant hos filed in the above Court of Common Pleas an oppeal from the judgment rendered by the District Justice on the dote and in the case mentioned below Calvin Rath* and Lisa Roth S10 Uoublin:~ Gap Road 09-~--C):j. Newville 17L41 PA 9/2E/10 ~ Michelle L. Saville CV 0000110-10 ~L%1~~,. /~ . LT ~i~" This block will be signed ONLY when this notation is required under Pa. R CP.tJJ? No. 1008& This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case Calvin Roth and L;sa Roth GLUWI U( Hi At IVRI`iT VK A{.9CIV1 ~s~ ~S V i ~e~ /~a~ 60 Walt Pomfret Street ;,~ b _Cariisle~FPA 2'7fl13 H appellant was CL~111UA11~~ (see f~a. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT. within twenty (20) days after filing his 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.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Michelle L. Saville , appellee(s), to file a complaint in this upped Name of appeNee(s) (Common Pleas Na `~~ " ~~~~ `~''/''U""'t~ ~. )within twenty (20) days after of rule or suffer entry of judgment of non pros f ~~ of apps t or tHS attorney a agerN RULES To Michelle L. Saville appd~s) Name or appellpe(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) cloys after the date of service of this rule upon y~ ~'°pgllcl service or by certified or registered moil ~T~~ ~~ r ~+ ,Y~r (2) ff you ~ nol.Et,?t~dntplp~'ttf,`t~ritl-jn this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. ~'~ ,,,,i; a } ~ t ~~ (3) 4v~f b~ ~is~rii~tf;~eritjce was by mail is th ~ ~ >" ~. ~ ~n xM1 y.. y'f~aa ,,~„ ~ A f ~ ~- ~ .-. ! ~' r,~ F ,} :• 4 i ,/ courzT FILE AOPC 312-80 Calvin and Lisa Roth IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANI A Vs. r CIVIL ACTION - LAW Y «y+ y Michelle L. Saville NO. 10-6830 CIVIL TERM kr ?, Appellee CERTIFICATE OF SERVICE I hereby certify that on this 7th day of January, 2011, 1 mailed a copy of the Important Notice as captioned above to Calvin and Lisa Roth, Appellant and Douglas G. Miller, Attorney at the following addresses, by U.S. Mail to: 1) Calvin and Lisa Roth 510 Doubling Gap Road Newville, PA 17241 2) Douglas G. Miller West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Michelle L. Saville 14 Fairfield Street Newville, PA 17241 (717) 440-2433 Calvin and Lisa Roth . IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW Michelle L. Saville NO. 10-6830 CIVIL TERM Appellee 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 DEFENSE OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 MICHELLE L. SAVILLE Plaintiff, V. CALVIN ROTH and LISA ROTH, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010 - 6830 CIVIL TERM : CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. IRWIN & McKNIGHT, P.C. V •-1 W77- /Jk- V -LA.,t Dou as G. filler, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants Date: 1/18/11 r?n CO CD _ ?. CD Cl "` T t MICHELLE L. SAVILLE Plaintiff, V. CALVIN ROTH and LISA ROTH, Defendants. JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT AND NOW this 18th day of January, 2011, comes the Defendants, CALVIN ROTH and LISA ROTH, by and through their attorneys, Irwin & McKnight, P.C., and respectfully file this Answer with New Matter and Counterclaim to the Complaint of the Plaintiff, MICHELLE L. SAVILLE, and in support thereof aver as follows: 1. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph one (1) of the Plaintiff's Complaint so they are therefore specifically denied and strict proof thereof is demanded at trial. 2. The averments of fact in paragraph two (2) are admitted. 3. The averments of fact in paragraph three (3) are admitted. By way of further answer, Plaintiff signed a written lease on or about December 14, 2007, with regard to the apartment located at 50 North High Street, Apt. 1, Newville, Pennsylvania. A true and correct copy of the signed lease agreement is attached hereto and incorporated herein as Exhibit "A." 4. The averments contained in paragraph four (4) are admitted in part and denied in : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010 - 6830 CIVIL TERM : CIVIL ACTION - LAW part. It is admitted that Defendants received multiple letters in April 2010 from Plaintiff T T providing various dates when she would be moving from the apartment and requesting the return of her security deposit. The remaining averments in paragraph four (4), including the mailing date of April 1, 2010, which is not the date referenced in Plaintiff s Exhibit "A," are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff had previously been informed of damages and required maintenance that she had failed to perform in accordance with her signed lease agreement, particularly paragraph twenty-one (21). Furthermore, pursuant to paragraph twenty-nine (29) of Exhibit "A," Plaintiff was required to "quit and surrender the premises hereby demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the elements excepted." 5. The averments contained in paragraph five (5) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff did not remedy the damages she caused, did not perform the required maintenance, and failed to leave the apartment in as good state and condition as at the start of the lease agreement, reasonable use and wear excepted. 6. The averments contained in paragraph six (6) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, within thirty (30) days Defendants did send notice of the damages to Plaintiff at the apartment address and informed Plaintiff that the damages exceeded the amount of the security deposit. 7. The averments contained in paragraph seven (7) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 2 T 8. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eight (8) of the Plaintiffs Complaint so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff did not remedy the damages she caused, did not perform the required maintenance, and failed to leave the apartment in as good state and condition as at the start of the lease agreement, reasonable use and wear excepted. 9. The averments contained in paragraph nine (9) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 10. The averments contained in paragraph ten (10) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 11. The averments contained in paragraph eleven (11) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, the Defendants have appealed the judgments entered in the Magisterial District Court because they did send written notice of the damages to the Plaintiff, and the amount of the damages exceeded the security deposit paid by Plaintiff. Furthermore, pursuant to Magisterial District Judge Civil Procedure Rule 1007(A), "The proceedings on appeal shall be conducted de novo in accordance with the Rules of Civil Procedure that would be applicable if the action was initially commenced in the court of common pleas," and the filing of the appeal acts as a supersedeas pursuant to Rule 1008(A). 3 IF t 12. The averments contained in paragraph twelve (12) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, within thirty (30) days Defendants did send notice of the damages to Plaintiff at the apartment address and informed Plaintiff that the damages exceeded the amount of the security deposit. 13. The averments contained in paragraph thirteen (13) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendants' legal counsel did properly send notice of the appeal and timely filed the appropriate Proof of Service in this matter. WHEREFORE, Defendants Calvin and Lisa Roth respectfully request that this Honorable Court enter a judgment in their favor and against Plaintiff in this matter, together with the amount of the unpaid damages to the leased premises, and such other and further relief as this Court deems just. NEW MATTER 14. The averments contained in the Answers to the Complaint are hereby incorporated by reference and are made part of this New Matter to the Complaint of the Plaintiff. 15. Plaintiff had previously been informed by Defendants of multiple violations of her signed lease agreement, which is attached hereto as Exhibit "A." 16. The violations included the failure to pay the full monthly rental amount, the failure to notify the Defendants of any damages caused to the premises, keeping a pet cat, 4 It permitting additional persons to live in the apartment, and failing to maintain and repair the premises. 17. The amount of rent to be paid according to the written lease agreement was $575.00, with a discount of $50.00 if the rent was paid in advance of the fifteenth day of each month. 18. Plaintiff did not always pay the rent in advance each month and therefore is responsible for the full monthly payment of $575.00 for each month that the rent was not paid in advance. 19. Furthermore, Defendants also received an ordinance violation notice from the Borough of Newville because of the Plaintiff's failure to maintain the premises prior to her vacating the premises. A true and correct copy of the violation notice and picture from the Borough of Newville dated May 13, 2010, is attached hereto and incorporated herein as Exhibit «B 20. Pursuant to the notice attached as Exhibit "B," the weeds and grass at the leased premises exceeded a height of ten (10) inches. 21. Plaintiff sent various letters to Defendants notifying them that she was moving by a certain date, that she needed additional time and would be moving later, and identifying multiple addresses to contact her. 22. The addresses referenced by Plaintiff included both 27 Mount Rock Road, Newville, Pennsylvania, and 14 Fairfield Street, Newville, Pennsylvania, and were sent prior to the Plaintiff moving out of the leased premises. 5 T 23. Plaintiffs accordingly did not know the exact address where Plaintiff was located, and sent written notice of the lease violations, rent owed, and itemized damages to Plaintiff at the apartment address. A true and correct copy of the letter, itemized rent owed to Defendants, and invoices for repairs and maintenance are collectively attached hereto and incorporated herein as Exhibit "C." 24. The letter, itemized notice of unpaid rent, and copies of the receipts were mailed to the Plaintiff at the apartment address within thirty (30) days of the end of the lease. 25. The remaining rent owed to Defendants is $900.00, and the invoiced repairs and lawn care expenses total $2,100.00, for a total of $3,000.00. 26. The remaining rent owed to Defendants along with the invoiced repairs and lawn care exceeded the amount of the Plaintiffs security deposit. 27. Defendants therefore informed the Plaintiff that she was not entitled to a refund of her security deposit, but in fact owed Defendants the difference in funds. 28. Defendants have appealed the judgments entered in the Magisterial District Court because they did send written notice of the damages to the Plaintiff, and the amount of the damages exceeded the security deposit paid by Plaintiff. 29. Pursuant to Magisterial District Judge Civil Procedure Rule 1007(A), "The proceedings on appeal shall be conducted de novo in accordance with the Rules of Civil Procedure that would be applicable if the action was initially commenced in the court of common pleas," and the filing of the appeal acts as a supersedeas pursuant to Rule 1008(A). 6 1 e 30. As a result of the appeal, therefore, Plaintiff does not have a final, executable judgment against Defendants, but instead Plaintiff is stayed from any further activity with regard to the judgment that has been appealed. 31. Upon information and belief, and in violation of the legal supersedeas, Plaintiff has reported or caused the report of the judgment to appear on the credit reports of one or both of the Defendants. 32. Upon information and belief, Plaintiffs actions with regard to the appealed judgment violate applicable state and federal law, including but not limited to the provisions of the Fair Credit Reporting Act, 15 U.S.C.A. § 1681, et seq., (the "FORA"). WHEREFORE, Defendants Calvin and Lisa Roth respectfully request that this Honorable Court enter a judgment in their favor and against Plaintiff in this matter, together with the amount of the unpaid damages to the leased premises, and such other and further relief as this Court deems just. COUNTERCLAIM 33. The averments contained in the Answers and New Matter to the Complaint are hereby incorporated by reference and are made part of this Counterclaim to the Complaint of the Plaintiff. 34. Plaintiff did not always pay the rent in advance each month and therefore pursuant to the signed lease agreement she is responsible for the full monthly payment of $575.00 for each month that the rent was not paid in advance. 7 35. Plaintiff also neglected to report repairs as required by signed lease, did not maintain the leased premises, and caused damage to the premises beyond ordinary wear and tear. 36. The remaining rent owed to Defendants is $900.00, and the invoiced repairs and lawn care expenses total $2,100.00, for a total of $3,000.00. 37. On October 21, 2010, Defendants timely and properly filed a Notice of Appeal with the Court of Common Pleas of Cumberland County which was duly served upon Plaintiff and the District Justice. 38. Pa.R.C.P.D.J. 1007(A) provides that proceedings on appeal from a District Justice decision shall be conducted de novo. 39. Furthermore, Pa.R.C.P.D.J. 1008(A) provides that receipt by the District Justice of the Notice of Appeal operates as a supersedeas. 40. Despite these clear rules of civil procedure and the ongoing litigation, the credit reports of Defendants contain or have contained adverse notations indicating that Plaintiff has a valid judgment against Defendants in the approximate amount of $1,050.00. 41. Upon information and belief, either Plaintiff or her agents, representatives, or assistants intentionally caused the placement of the adverse notation against Defendants' credit. 42. Defendants have been denied loans and/or credit on the basis of the adverse notation directly placed or caused to be placed by Plaintiff against Defendants' credit. 43. The actions by Plaintiff or her agents, representatives, or assistants violate the requirements of the Fair Credit Reporting Act, 15 U.S.C.A. § 1681, et seq., (the "FORA") 8 T 44. 15 U.S.C.A. § 1681s-2(a) provides that furnishers of information have a duty to provide accurate information, and are prohibited from providing information that the person knows or consciously avoids knowing is inaccurate. 45. 15 U.S.C.A. § 1681s-2(b) provides that furnishers of information have a duty to conduct an investigation following notice of a dispute as to the accuracy of reported information, and to report the results of that investigation to the consumer reporting agency. 46. Defendants have attempted to dispute the adverse information directly with one or more of the consumer reporting agencies. 47. 15 U.S.C.A. § 1681n provides that persons who willfully fail to comply with the provisions of the FCRA may be liable for actual damages or damages of not less than $100.00 nor more than $1,000.00, in addition to punitive damages, costs, and reasonable attorney fees. 48. 15 U.S.C.A. § 1681o provides that persons who negligently fail to comply with the provisions of the FCRA may be liable for actual damages, costs, and reasonable attorney fees. 49. The actions by Plaintiff or her agents, representatives, or assistants also violate the requirements of the Fair Credit Extension Uniformity Act, 73 P.S. § 2270.1, et seq., (the "FCEUA"). 50. 73 P.S. § 2270.3 defines a creditor to include a person to whom a debt or an alleged debt is owed. 51. 73 P.S. § 2270.4 (b)(5) provides that a creditor may not use "any false, deceptive or misleading representation or means" regarding the collection of an alleged debt, which 9 conduct includes but is not limited to the "false representation of the character, amount or legal status of any debt." 52. 73 P.S. § 2270.5 provides that violations of the FCEUA are violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et. seq., which statute allows for the recovery of treble damages, costs, and reasonable attorney fees. WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment in their favor and against Plaintiff in this matter to include damages for unpaid rent and repairs of $3,000.00, any other actual damages, statutory damages, punitive damages, costs, and/or reasonable attorney fees in an amount less than the arbitration limit of $50,000.00, together with such other and further relief as this Court deems just. Respectfully Submitted, IRWIN & McKNIGHT, P.C. By: c. Douglas G. killer, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants Dated: January 18 , 2011 10 VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. CAL N ROTH LISA ROTH Date: January 14, 2011 EXHIBIT "A" ease Pennsylvam-ma-Resi tW L ..................................................................................................................................... APARTMENT - CONDOMINIUM HOUSE BY THIS made and ent between a leases to Lessee the,;!!?ses situated in the City of N r J I nt'C State of Pennsylvania, and more partit into on k r (G?i: r described as follows: . 14 County ofi 20D--T, n referred to as lessor- and red to -W 1 r2. Form of Payment. lessee agrees to rent each rnon in the one personal check, OR one cashlees check, OR W to one money order made out to C ;fix rV I V 1 .or 3. late . 3ny payment not paid by the date due, Lessee shaltpay a late fee i6the amount of Dollars f$ SO ). 4. Retuned Checks.. If, f a reason, a check used by Lessee to pay Lessor is return ed i out having been paid, lessee will pay a charge of I t?Cll Dollars (# _) as additional rent AND take whatever other aonsequenees thek might'be in making a late payment After the second time a-Lessee s ched? is retumed, Lessee must thereafter secure a cashier's check or money orderfor payment of rent. 5. ' execution of this lease, lessee deposits with Lessory r 11(1i(°t l wf?ill]'?IV Sea Dollars (# receipt of which is acknowledged by Lessor, as security for the faithful perhxnranee, by Lessee of the terms hereof, to be returned to lessee, without interest except as`provided for in The Landlord and 10nant Act of 1951, on the full and faithful performance by him of the provisions hereof. 6. Quiet Enjoyment. lessorcovenants that on paying the recd and performing.the covenants herein contained, lessee' shall peacefully and quietly have, hold, and enjoy the demised premises for the agreed term. ?. s s .Me &mised premises'shaN be used and'vocupied-by Lessee exclusively as a private single family resi- dence, and neither the premises nor any part thereof shalk.be used at.any.time .during the term of this :lease by Lessee for• the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family residence. Lessee shall comply with alt the sanitary :laws, ordinances,, rules, and orders of appropriate govemmentai authorities affecting the-cleanliness, occupancy,, and pmser ftt of_the demised-premises, and the sidewalks connected thereto,*during the term of this lease. rays r M10PA•WOW S. Number of Ocuqmirits. Lessee rees that the demised premisesshal be occu pled, by. no more than consisting of adults and children` under the *of; years, "without the written consent of Lessor. 9. nditim of Premises. Lessee stipulates that he has examined the demised;premises, including the grounds and all ildings and improvements, and that they are, at the time of this lease, in good order, repair, and a"safe; idean, and lea"seable ` condition. ?'? Keys. Lessee will be given) key(s) to the premises and' . mailbox key(s). `If all keys ar not returned t Lessor fol- 7i ? termination of lease, Lessee shall be charged botlars ($ ' ). 11' Locks. Lessee agrees not to change locks on any dooror mailbox without first' obtaining'tewes written permission.. Having obtained written permission, lessee agrees to pay for changing the locks and to provide lessor with one duplicate bey per lock. 12. Lockout. If Lessee becomes locked out of thepremises after management's regular stated business hours, Lessee will be required to secure a private locksmith to regain entry at Lessee's sole expense. 13. Parking. Any parking that may be provided is strictly self-park and is at owner's risk. Parking fees are fora license to park only. No bailment or ballee custody, is intended. Lessor is not. responsible for, nor does lessor assume any liability for damages caused by fire, d eit; casualtyror any,o0w.cause whatsoever with respect to any cm or its conteift:Snow removal is the respon- sibility of the car owner. Any tenant who wishes to rent- parking space or garage-must sign a Parking :Space or Garage Rental Agreement. 14. Ass*ment;arW Subletting: W" the prior written consent of Lessor, Lessee shall not assipth lease, or, sublet or grant any: concession or li¢emm to use the. premises or any part thereof. A; consent by. Lessor to one assignment, subletting, conces- sion, or license shall not be deemed to be a consent to any subsequent assignment, subletting, concession, or, license. An assign- meet, subletting, concession, or license without the prior written consent of Lessor; or an as or subletting by operation of law, shall be void and shall, at lessor's option, terminate this lease. 15. Alterations and Improvements. Lessee shall make-no alterations to the buildings on the demised premises or construct any building or make other improvements on the demised premises without the prior written consent of Lessor. All alterations, changes, and improvements built, constructed, or placed.on the derailed premisesby lessee, with the exce?on;of ;fixt?sres re- movable without damage to the premises and movable personal property, shall, unless otherwise provided bey written agreement< between Lessor and Lessee, be the property of lessor and remain on the demised premises at the expiration or sooner termina- lion of this lease. 16. Damage to Premises, if the demised lxe 0 es, or any;pan thereof, shall be pardally damaged by Are or other casualty not due to lessee's negligence or willful act or that of his employee, family,.agent, or visitor, the premises shall be promptly repaired by lessor and there shall be an abatement of rent corresponding with the.time during which, and the extent to which, the leased premises may have been untenantabie, but, if the l ased premises should be damaged otter than by Lessee's negli- gee or willful act or that of his empt*e family, agerrtt or visitor to the extent that Lessor shall decide not to rebuild or repair, the term of this lease shall end and the refit shall be prorated up to the time of the damage. 17. Dangerous Materials. Lessee shall not keep or have on the leased premises any article or thing of a dangerous, inflam- mable< or explosive character that might unreason abfy.sncrease the danger of fire on the leased premises or that, might be considered hazardous or extra hazardous by any respohsible. insurance company. 1 at ?LesV?sbafl responsible for arranging.for and paying:.for alt utility services required on the,premises, except shall be provided by Lessor. 19.: Righi: of Irspecthm Lessor and his agents shall have .9* dgM. at all reasonable times during-the term ol'this lease and any renewal thereof to enter the demised preen' ises for the purpose of inspecting the.'prernises and al[building and improves ments thereon. Page 2 W WSOUSt" M 0 200A.SWSW MWk LLC 1810PA - Am 04M 20. Maintenance and'iRepair. Lessee will; 'at his sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this leaseand any renewal thereof. In-particular, Lessee shall keep the fixtures in the house or on or about the leased premises in good order and repair; keep the furnace dean; keep the electric' bells in order; keep the walks free from dirt and debris; and, at his sole expense, shall make all required repairs to the plumb- ing, range, heating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from- >Lessee's misuse, waste, or neglect or that of his employee, family,.agent,-or visitor. Major maintenance and repair of the leased premises, notdue - to Lessee's misuse, waste, or neglect or that ofbis-emploM family, agent, or visitor, shall be the responsibility of Lessor or his assigrrslessee agr"s.that no signs shall be;p*0 or painting done on or about the {eased premises by lessee or at his direc- lion without the. prior written' consent of Lessor. 21. Pets. linis. l be w e r; ` the l r. Atthe timetof signing fhls lease, .Le;see shall pay to of Dollars M". to be held and disto t mi Co any) pr is deposit is in addition to any other security deposit statle . A essee wh wish p a in the rented u. must sign a Pet Agreement Addendum. 22. Painting Lessor reserves the right to determine when the dwelling will be painted unless there is any law to the contrary. 23. Incurudes`t=ngasairesuItofwp has obtained. insurance.to cover firedamage to the building. itself and liability insurance to cover certain al erty defects or Lessor negilgence.,lessor's insurance does not rover Lessee's pos- sessions or Lessee'sneglopce: Lessee.shall obtain a lessee's insurance:policy to cover damage or loss of personal possessions, as well as losses resulting from their negligence. 24. Olsplay of Signs.. During the,last:. days of this. lease, Lessor orhis-agent shall. have the privilege of displaying the usual "For Sale," or "For Rent,' or "Vacancy" signs on the demised premises and of showing the property to prospective purchasers or lessees 25. Rules and Regulations. lessor's existing rules: and regulations,: if any, shall be signed by Lessee, attached to this agree- ment. and incorporated into it. Lessor may adopt other rules and regulations at a:later#ime provided that they.have a legitimate purpose, not modify Lessee's rights substantially!and=not become effective without notice of at least two (2) ,weeks. 26. Subordination of Lease. This lease and Lessee's leasehold interest hereunder are and shall be subject, subordinate; and inferior to any liens or encumbrances now or hereafter placed on the demised premises by lessor, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 27. Holdover by lessee. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month-try-month tenancy shall be createdbetween lessor and Lessee which shall be subject to all the terms and conditions hereof but shall be terminated on days' written notice served byeither Lessor or lessee on the other party. 28 Notice of Intent to Vacate. [This paragraph. applies only when this Agreement is or has become a month-to-month Agreement.] Lessor shall advise Lessee of arry changes in tennis of tenancy with advance notice of at least 30 days. Changes may include notices of termination, rent adjustments or other reasonable changes in the terms of this Agreement. 29. Surrender of Premises. At the expiration of the lease tern, lessee shall quit and surrender the premises hereby demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the elements excepted. 30 iltJf any default is made in the payment of rent, a any,part thereon at the times. hereinbefore specified, or if any efault &i s- inthe performance of or compliance with any other term or condition heredt the lease, at the option of Lessor, shall terminate and be forfeited, andlessor may re-enterthe premises and remove all persons therefrom. Lessee shall be given Page 3 wwwao630MMM o 2004, Swats Ma k u[ LF310PA • rtN 04004 written notice of any default or breach, and termination and forfeiture of the lease shalWot result if; :within . days of receipt of such notice, Lessee has corrected the default orbreach or has taken action reasonably likely to effect such correction withina reasonable time. - 31, Aban nit. If at any time during the term of this lease lessee abandonsthe --dernised premises or any part thereof, may,,at his option, , enter the demised premises by any means without being doablefor any prosecution therefor, and without becoming liable to Lesseefor: damages or for any payment of any kind whatever, and may; at his discretion, as agent for Lessee, relet the demised premises; or any part thereof, for the whole or any part of the then unexpired: term; and may receive and collect all rent payable by virtue of such reletting, and, at lessor's option, hold Lessee liable' for any difievence, between the rent that would have been payable under this lease during the balance of the unexoired term. If this lease had continued in Lessor 32. Binding Effect. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed `as conditions of thislease. 33. Radon Gas Disclosure. As required bylaw, (lessor) (Seiler) makes the following di.scclosure: "Radon Gas" b a naturally occurring radioactive gas that, when it has accumulated in a :building in sul ident quan8des, may present health risks to persons who are exposed to it overtime. LeA of rddonthat eiweed federal and stale-quideliines have been'land in but ft in Pennsylvania. Additional information regarding radon and radon testing may be obtained from your county public health unit 34. Lead- Paint' Disclosure. "Every purchaser or lessee of any interest in residential reap property on which a residential dwell- ing was `buift prior to 1,978 is notified that such property may present exposure to ieadfrom lead=based paint that may place young children at risk of developing lead poisoning. teadpoisoning in-young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient; behavioral problems and. impaired memory. Lead poison- ing also poses a particular risk to pregnant women. The seller orlessor of any. interest in residential real `estate is required to provide the buyer or lessee with any information on lead=based paint hazards from risk assessments or inspection in the seller or lessor's possession and notify the buyer`or lessee of any known lead=based paint hazards. A risk assessment oHnspection for possible lead-based paint hazards is recommended prior to purchase.' 35. SeveraMity:. ' If any portion of this lease shall" be held to be invalld or unenforceable for any reason, the remaining provisions shalt continue to be valid and enforceable: If a tourt finds that any provisidn ofthis lease is invalid or unenforceable, but that by limiting such provision it would: become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. 36. Governing Law. This Agreement shall be governed, construed and interpreted by; through and under the Laws of the Commonwealth of Pennsylvania. Page a O zoo, Swaim Me* Lle 1F310PA • Rev. 004 IN WITNESS WHEREOF, the parties have executed this lease the day and year first above written. Lessor: Lessee: r Lessor. C Lessee: NOTICE: State law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act or the applicable Lessor/Lessee Statute or code of your state. If you have a question about the interpre- tation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person. NOME: Contact yotu bcal cotmty real estate boom for additional forms that may be mgbed to meet your specific heeds, Page 5 O 2004, soaates Mew, LLC LF310PA a Rw.04104 EXHIBIT "B" BOROUGH OF NE' ALE CUMBERLAND COUNT Y BOROUGH OPRCE: 4 WEST STREET, NEWiTILLE, Mq_KSYLVAMA 17241 TELEPHONE (717) 776-7633 FAX CM) 776-9317 May 13, 2010 Calvin & Lisa Roth PO Box 22 Newville, PA 17241 Dear Calvin & Lisa Roth: Upon inspection, the following violations of the ORDINANCE NO. 2009-08 an ordinance of the Borough of Newville. Cumberland County, Pennsylvania was found at 50 North High Street, Newville, PA. on May 12, 2010 at 9:17 AM. Weeds and grass over allowed 10 inches. See photo. YOU ARE HEREBY NOTIFIED THAT YOUR PROPERTY REFERENCED ABOVE IS IN VIOLATION OF NEWVILLE BOROUGH ORDINANCE 2009-08 by permitting grass, weeds or any vegetation whatsoever not edible or plantgd for some useful or ornamental purpose, to grow or remain on your premises so as to exceed a height of ten (10) inches, or to emit any unpleasant or noxious odor, or conceal any filthy deposit, or to create or produce pollen. You are to remove, trim, or cut such grass, weeds or other vegetation so as to conform to the requirements of:this ordinance within five (5) days after the issuance of this notice. If you fail or refuse to comply with this notice within the time period specified, the Borough of Newville will remove, trim, or cut such grass, weeds or other vegetation, and the costs thereof with an additional amount of twenty five (25) percent, which may be collected from you in a manner provided for by law. In addition, penalties for violation of this ordinance are set at $1,000. This is the onhr notice,that'vou ollmeceive cort - miina this violation Respectfully: Dale Gettel Code Enforcement Officer for Borough of Newville BOROUGH COUNCIL. NEWVMLE WATER AND SEWER AUTHORM ZOMNG HRAMG BOARD PLANNING COMNITON IAIl+ITENNANCE BUMDI NG WASTEWATER TREATMENT PLANT WATER PLANT (717) 776-6601 (717) 776-5633 f71'T 77? j<Z!?: p t F L. ? h .k Y ?.?+{? ? - ACV s) h 3 r? l: -i^ ..??"^ yL S4 .D ?f a 7 i r rajS? f,+wz E? 2k `? ? G `ewia { [ 4 ! ? r ? ' T §. , s t ? ? t. 4 Y ? r ?(? I. EEE i >r i r% t t a$ I t ? t` s i a I EXHIBIT "C" &each of cioiWact 50 S 9110 &rwt 9Spt i (717)440-2458 9 mAls. 9a 17241 Seas no &WHIS 940weoce Is made to a oersds agrranast baarra us dated: Owend a 14, 2007(rw), "A mast Poaddaa d wb 1. 948b $678.00 due 18th of each mouth dbcoust of $60.00 esb ff pald is advance 8. rate Vayssaw continuously 2008: %a% $aptandw as October 200sit'Fohmasy, 9Wdh. 9lpell, 99q, 9asa, Say, Oust, 8eptembar. October, Xwember do Secembee 2010: 9anwry, Irabewry, YW& ik Spi 8. $aaft%podt: -IF M lad3amant for ftit hl peffermance 7. 9Taa of 9fnmisass abg n haft of 2 8. 9ocupenta so swra than 2 parsons: 1 9bdt famab 5 1 96b child (asaudewl ad adult mab/whits Subaru Outback wades) 10. qys: 5 hqs to p udw bssed (Dent door, back deer # stoeada/basemast), sera - I-, .d to lessor homing t@Mhwtios of lase 18. Canada to %Smbm entrance datso rear screw door. seat covrrrd walls hoes aecosdaey bessing source 17. Caager s 91aarbi: secondary beating source that might bckrase the dander of Are (rrmovd of 2 snoia detectors 4 batteq hoss 8rd d actor by lessee) 18. %Mdam 9kw provided by bow. 20. 99ds6 enasce It pair: gasses sedbebd to report rep:kh needed wIdd 24 hose time period. each as: baking reef In basdey arm cooled holed down, phmrbbe p r o b l e m s is b a t h ( t e i b t !!spurs miabd, o ff fi:aras looking 4 dogged aMh) 21. Oats: keenest only at diving of base ( 1 cat) 80. SaMhlb: °fou an lades advised that we ab" bold you reapondbb hr all actual and ooosagwatial damages added firm year breach. 9a.ly To Q)" za "gCS?,?v;??e t? n 24l 9"llcbells $avme 6o 9s 9110 Street 91pt ! 9SewvMe, Qa 17 841 Date 9"lonth Dec 14, 2007 Sec 9"Welt Dec 14, 8007 December San 18, 2008 Sanuary 8008 'Feb 14, 2008 February 9Urcb 14, 2008 9larcb Xp& 14, 8008 91prU 9"lay 15, 8008 glay Sane 16, 8008 Sine Suly 14, 8008 July %ug 14, 2008 %ugust Sept 16, 2008 September Oct 16, 2008 October .%ov 15, 2008 9sovember Dec 14, 2008 December San 15, 2009 Sauaary 8009 tFeb 17, 2009 Tabraary %arch88, 8009 %arch Apr11 18, 2009 Sprll Shy 19, 8009 91aay Swe 18, 8009 Iwo Su1y 80, 8009 Suly 56g 17, 8009 %o gust Sept 18, 2009 September Oct 17, 2009 October 9lov 17, 2009 9ovember Dec 17, 2009 December San 17, 8010 Sauaary 8010 cfeb 17, 8010 Tebrwn 9"larcb 17, 8010 Xamb Sprit 19, 8010 91pra 9lay 18, 8010 crentant moved out 717-440-8458 .7r mot 'Dlsaount 'Paid ad Sae 686.00 * * * 686.00 575.00 -50.00 686.00 .00 575.00 -50.00 686.00 .00 575.00 -50.00 686.00 .00 575.00 -50.00 686.00 .00 575.00 -50.00 686.00 .00 575.00 -50.00 686.00 .00 576.00 Late 686.00 +50.00 575.00 -50.00 686.00 .00 575.00 -50.00 586.00 .00 675.00 'Late 686.00 +60.00 675.00 'Late 685.00 +50.00 575.00 -50.00 686.00 .00 575.00 -50.00 586.00 .00 575.00 -50.00 586.00 .00 575.00 Late 686.00 +50.00 675.00 'Late 585.00 +50.00 575.00 Late 586.00 +50.00 575.00 Late 686.00 +50.00 575.00 'Late 686.00 +50.00 575.00 Late 586.00 +60.00 576.00 Late 586.00 +60.00 575.00 'Late 586.00 +60.00 575.00 Late 685.00 +60.00 675.00 'Late 585.00 +50.00 576.00 'Late 686.00 +60.00 576.00 Late 685.00 +50.00 575.00 'Late 585.00 +50.00 575.00 'Late 585.00 +50.00 575.00 'Late 685.00 +50.00 +900.00 m_'v°I ?uNNY??n? LaWNcarzE C O N T R A C T 717-816-7976 ,WB,MITTED TO. CALVIN F, UbA ROTC! PO 15ox 22. NEWVILL. PA 17241 PERFORMED AT-. 50 N. Uiq. bTar--LT APT I. NE\VVILLE PA 17241 DATE. MAY 19.2010 5ER ICE CALL 100.00 ..... o C, Ro\ LAM N. METAL ObJECT6.12 I C t.6 OF C, RA56 AERVICIa. CLIAIZ4L 4100.00 RATE PER IZ 25.00 ..... 7 OARS MOX I S 8 CLEANUP MOWING 3175.00 REMOVAL PER 34G. 310.00 ...... 12 1541q6 GRASS AND/OR TR.A-5-W R.EMOVG.D REMOVAL $120.00 TOTAL 3395.00 ACCLPTANCL F.UL A6oVE PRICES. SPECIFICATIONS AND CONDITIONS ARE 6ATI6FACTORY AND 11ER-BY 54CEPTED. PAYMENTS WILL 3E MADE AS OUTUNED A60VE. Z -- OUISITIONER'S 610ATURE APPROVED BY Wor!.- /o be 50 Koh Street P'r;t Services Rendered : * Trash removal from basement & laundry area. * Cleaning of apartment. (suet covered walls & windows) * Primer & paint: 2 bedrooms, foyer, bathroom, living room & kitchen (walls & ceilings). * Replaced kitchen sink fixtures , shower head, toilet interior & exterior fixtures. * Remove & replaced kitchen floor tile (12) * Repaired ceiling & roof in laundry area. All material is guaranteed to be specified, and the above work to be performed in accordance with and specifications submitted for above work, and completed in substantial workmanlike manner for the sum of, thirty ($30.00) dollars per hour and forty (40) hours labor performed at said address above. Total due upon completion:one thousand two hundred 1200.00) dollars. Respectfully submitted by: 30--?? 4 y v. c. CUSTOM MADE REPLACEMENT WINDOWS & DOORS SIDING & ROOFING He: Re VILL KS 165 Youngs Church Road Shermans Dale, PA 17090 ESTIMATE SHEET Home: 582-7584 Custo Name and Date:- TOTAL PRI - DOWNPA BALANCE AZ TERMS: c ltr'a.QQ • °ei '=&I-i PIQ? f t 11 t f p0 .1 3m-?- 1-0 4 .? .a y, • J '-- CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Michelle L. Saville 14 Fairfield Street Newville, PA 17241 Date: January 18 , 2011 IRWIN & McKNIGHT, P.C. ?A- Douglas G. Mr, Esquire Supreme Co # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendants MICHELLE SAVILLE IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANI A Vs. CIVIL ACTION - LAW £' w r i r; 1 ;2-1 F r, CALVIN ROTH and LISA ROTH, NO. 10-6830 CIVIL TERM ? Defendants . E5 A ANSWER TO DEFENDANT S NEW MATTER AND COUNTERCLkie v? AND NOW this 9th day of February, 2011, come the Plaintiff, MICHELLE SAVILLE, respectfully file this Answer to New Matter and Counterclaim to the Defendants, CALVIN ROTH and LISA ROTH, and in support thereof aver as follows: 14. The averments contained in paragraph fourteen (14) are conclusions of law to which no response is required. 15. The averments of fact in paragraph fifteen (15) are specifically denied and strict proof thereof is demanded at trial. By way of further answer„ Defendants claim of notification of multiple violations of signed lease were not given until magisterial court on September 28, 2010. Plaintiff made a change of address with USPS and is currently still receiving forwarding mail from the apartment address. Upon further investigation, Defendant's never sent notification via the USPS. 16. The averments of fact in paragraph sixteen (16) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, as stated in paragraph fifteen (15), Defendant's claim of notification of multiple violations of signed lease were not given until magisterial court on September 28, 2010. Prior to magisterial court on September 28, 2010, Plaintiff was never notified of the alleged violation of the signed lease agreement. Plaintiff did notify Defendants of alleged damage to premises by phone, with Defendant never returning her phone calls; Plaintiff never owned nor kept a cat; Plaintiff never permitted additional persons living in the apartment - said individual visited on a consistent basis but lived elsewhere; Plaintiff did maintain apartment to landlord's lease agreement. 17. The averments of fact in paragraph seventeen (17) are specifically denied and strict proof thereof is demanded at trial. 18. The averments of fact in paragraph eighteen (18) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, paragraph three (3) of signed lease agreement states, "Late Payments. For any rent payment not paid by the due date, Lessee shall pay a late fee in the amount of fifty dollars ($50.00)." Plaintiff consistently paid rent on time, by the due date, never once being notified of late rent payment. 19. The Plaintiff has no knowledge of the averments of fact in paragraph nineteen (19) and therefore specifically denied and strict proof is demanded at trial. 20. The Plaintiff has no knowledge of the averments of fact in paragraph twenty (20) and therefore specifically denied and strict proof is demanded at trial. 21. The averments contained in paragraph twenty-one (21) are admitted. By way of further answer, Plaintiff did notify Defendant's she was vacating the premise and provided her parent's residence of 27 Mount Rock Road, Newville, PA and the Plaintiffs current address of 14 Fairfield Street, Newville, PA. Plaintiff wanted to ensure her security deposit was returned and received by Defendant's. 22. The averments contained in paragraph twenty-two (22) are admitted. 23. The averments of fact in paragraph twenty-three (23) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendants claim of alleged notification of multiple violations of signed lease were not given until magisterial court on September 28, 2010. Plaintiff made a change of address with USPS and is currently still receiving forwarding mail from the apartment address. 24. The averments of fact in paragraph twenty-four (24) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff never received said notifications allegedly sent to apartment address within thirty (30) days of the end of the lease. 25. The averments of fact in paragraph twenty-five (25) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff does not owe past due rent of $900; Plaintiff consistently paid rent on time, by the due date, never once being notified of late rent payment; Invoiced repairs are not the responsibility of Plaintiff. 26. The averments of fact in paragraph twenty-six (26) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial 27. The averments of fact in paragraph twenty-seven (27) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendants claim of alleged notification of multiple violations of signed lease were not given until magisterial court on September 28, 2010. Plaintiff made a change of address with USPS and is currently still receiving forwarding mail from the apartment address. 28. With the exception of the admission that Defendant's did not send written notice of alleged damages to the Plaintiff, the averments of fact in paragraph twenty-eight (28) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendants claim of alleged notification of multiple violations of signed lease were not given until magisterial court on September 28, 2010. Plaintiff made a change of address with USPS and is currently still receiving forwarding mail from the apartment address. 29. The averments of fact in paragraph twenty-nine (29) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 30. The averments of fact in paragraph thirty (30) are specifically denied and strict proof thereof is demanded at trial. 31. The averments of fact in paragraph thirty-one (31) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff never reported nor caused the report of the judgment to appear on the credit reports of one or both of the Defendants. 32. The averments of fact in paragraph thirty-two (32) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff never reported nor caused the report of the judgment to appear on the credit reports of one or both of the Defendants. 33. The averments of fact in paragraph thirty-three (33) are conclusions of law to which no response is required. 34. The averments of fact in paragraph thirty-four (34) are specifically denied and strict proof thereof is demanded at trial By way of further answer, Plaintiff does not owe past due rent of $900; Plaintiff consistently paid rent on time, by the due date, never once being notified of late rent payment. 35. The averments of fact in paragraph thirty-five (35) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff did report the need for repairs to Defendant. Plaintiffs voicemail(s) were never returned. 36. The averments of fact in paragraph thirty-six (36) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff does not owe past due rent of $900; Plaintiff consistently paid rent on time, by the due date, never once being notified of late rent payment; Invoiced repairs are not the responsibility of Plaintiff. 37. The averments of fact in paragraph thirty-seven (37) are conclusions of law to which no response is required. 38. The averments of fact in paragraph thirty-eight (38) are conclusions of law to which no response is required. 39. The averments of fact in paragraph thirty-nine (39) are conclusions of law to which no response is required. 40. The averments of fact in paragraph forty (40) are statements of which the Plaintiff has no knowledge. 41. The averments of fact in paragraph forty-one (41) are specifically denied and strict proof thereof is demanded at trial. 42. The averments of fact in paragraph forty-two (42) are specifically denied and strict proof thereof is demanded at trial. 43. The averments of fact in paragraph forty-three (43) are specifically denied and strict proof thereof is demanded at trial. 44. The averments of fact in paragraph forty-four (44) are conclusions of law to which no response is required. 45. The averments of fact in paragraph forty-five (45) are conclusions of law to which no response is required.. 46. The averments of fact in paragraph forty-six (46) are conclusions of law to which no response is required. 47. The averments of fact in paragraph forty-seven (47) are conclusions of law to which no response is required. 48. The averments of fact in paragraph forty-eight (48) are conclusions of law to which no response is required. 49. The averments of fact in paragraph forty-nine (49) are specifically denied and strict proof thereof is demanded at trial. 50. The averments of fact in paragraph fifty (50) are conclusions of law to which no response is required. 51. The averments of fact in paragraph fifty-one (51) are conclusions of law to which no response is required. 52. The averments of fact in paragraph fifty-two (52) are conclusions of law to which no response is required. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's New Matter and Counterclaim and enter a judgment in Plaintiffs favor and against the Defendants in this matter, together with the amount of double the security deposit, court costs, and such other and further relief as this Court deems just. Date: February 9, 2011 Respectfully submitted, Michelle (717) 440-2433 14 Fairfield Street Newville, PA 17241 MICHELLE SAVILLE Plaintiff, Vs. CALVIN ROTH and LISA ROTH, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-6830 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that on this 9th day of February, 2011, 1 mailed a copy of the answer to defendant's new matter and counterclaim as captioned above to Calvin and Lisa Roth, Dependant and Douglas G. Miller, Attorney at the following addresses, by U.S. Mail, postage to: 1) Calvin and Lisa Roth 510 Doubling Gap Road Newville, PA 17241 2) Douglas G. Miller West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Michelle L. Saville 14 Fairfield Street Newville, PA 17241 (717) 440-2433 91 MICHELLE L SAVILLE Plaintiff, Vs. CALVIN ROTH AND LISA ROTH Defendants. . IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-6830 CIVIL TERM PETITION FOR APPOINTMENT OF ARBITRATIONS TO THE HONORALBE, THE JUDGES OF SAID COURT: C" Michelle L. Saville, Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $ 1,184.50 and further relief as this court deems just. The counterclaim of the Defendant's in the action is $ 3,000.00. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Douglas G. Miller. Esquire WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Resp tf ly bmitt Date: March 4, 2011 Michelle L. Saville 14 Fairfield Street Newville, PA 17241 (717) 440-2433 ORDER OF COURT AND NOW, , 2011, in consideration of the foregoing Petition, , Esquire, , Esquire, and Esquire, are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT: MICHELLE SAVILLE Plaintiff, Vs. CALVIN ROTH and LISA ROTH, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-6830 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that on this 4th day of March, 2011, the Court of Common Pleas of Cumberland County Pennsylvania, Office of the Prothonotary, mailed a copy of the Petition for Appointment of Arbitrators as captioned above to Michelle Saville, Plaintiff, Calvin and Lisa Roth, Defendant and Douglas G. Miller, Attorney at the following addresses, by U.S. Mail, postage to: 1) Calvin and Lisa Roth 510 Doubling Gap Road Newville, PA 17241 2) Douglas G. Miller West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 zda4?ce Michelle L. Saville 14 Fairfield Street Newville, PA 17241 (717) 440-2433 r ! # MICHELLE L SAVILLE Plaintiff, Vs. CALVIN ROTH AND LISA ROTH Defendants. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-6830 CIVIL TERM PETITION FOR APPOINTMENT OF ARBITRATIONS TO THE HONORALBE, THE JUDGES OF SAID COURT: ?= c A Michelle L. Saville, Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. _;)y xC fJ , f'G`i;' >k•f ,-2 5-4,03?7 2. The claim of the Plaintiff in the action is $ 1,184.50 and further relief as this court deems just. The counterclaim of the Defendant's in the action is $ 3,000.00. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Douglas G. Miller, Esquire WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Date: March 4, 2011 Resp tf !y bmitt Michelle L. Saville 14 Fairfield Street Newville, PA 17241 co (717) 440-2433 - , ORDER OF COURT AND IOW, 2011, n consider tion of the foregoing Petition, Esquire, squire, and Esquire, are appointed arbitrators in the above-capti ed action as ayed or. ? ???Q s G ? •???r, X56 Co p, Ps rKa .'I?or 3/a,k BY THE COURT: c.r P_ /-L t ,' MICHELLE SAVILLE IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW CALVIN ROTH and LISA ROTH, NO. 10-6830 CIVIL TERM Defendants. CERTIFICATE OF SERVICE I hereby certify that on this 4th day of March, 2011, the Court of Common Pleas of Cumberland County Pennsylvania, Office of the Prothonotary, mailed a copy of the Petition for Appointment of Arbitrators as captioned above to Michelle Saville, Plaintiff, Calvin and Lisa Roth, Defendant and Douglas G. Miller, Attorney at the following addresses, by U.S. Mail, postage to: 1) Calvin and Lisa Roth 510 Doubling Gap Road Newville, PA 17241 2) Douglas G. Miller West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Michelle L. Saville 14 Fairfield Street Newville, PA 17241 (717) 440-2433 MICHELLE L. SAVILLE : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010 - 6830 CIVIL TERM : CIVIL ACTION - LAW CALVIN ROTH and LISA ROTH, - Defendants. : JURY TRIAL DEMANDED s? ?m NOTICE OF APPEAL <r FROM AWARD OF BOARD OF ARBITRATORS C, c n TO THE PROTHONOTARY: Notice is given that Defendants, Calvin Roth and Lisa Roth appeal from the award of the Board of Arbitrators entered in this case on May 25, 2011. A jury trial is demanded U (check box if a jury trial is demanded. Otherwise jury trial is waived) I hereby certify that (1) the compensation of the arbitratos has been paid, or (2) tin - ioem aaoda axla ?syoai ? cf t?t? rike out the inapplicable clause.) IRWIN & McKNIGHT, P.C. Douglas G' Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants Date: 6- %,4111 13"N. Od Pd a.#y