The URL can be used to link to this page

Home My WebLink About01-2091 JAMEs T. ST/NE and DIANE ST/NE Plaintiffs, : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA VS. : · No. EDWARD D. BAKER, JR., ' CIVIL Defendant. : · IN ASSUMPSiT 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 enter/ng a wdtten appearance personally or by attorney and filing in wdting 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 Plainti You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPE YOU DO NOT HAVE A LA' R TO YOUR LAWYER AT ONCE. IF TELEPHONE THE OFFICE SET FORTH B-' NOT GET LEGAL HELP. ELOI/V TO FIND OUT WHERE YOU CAN CUMBERLAND COUNTY BAR ASSO Z J. E ~h~LISLE, PA 17013 (? 1 ?} 249.3166 JAMES T. ST/NE and DIANE ST/NE Plaintiffs, ~ IN THE COURT OF COMM CUMBERLAND CO ON.pLEAS OF vs. · UNTY, PENNSYLVANIA :NO. 2001. EDWARD D. BAKER, JR., : CIVIL Defendant. : · IN ASSUMPsiT AND NOW COME Plaintiffs by and through their attorneys, SAIDI$, SHUFF, FLOWER & LINDSAY, and state as follows. 1. Plaintiffs are JAMEs T. STINE and DIANE STINE, adult individuals, residing at 221 Comman Road, Cad/s/e, Cumberland County, Pennsylvania. 2. Defendant is EDWARD D. BAKER, JR., an adult individual, residing at 175 Sachs Road, Gettysburg, Pennsylvania 17325. 3. In October of 1994, Plaintiffs rented property at 498 Old Mill Road, Cad/s/e, CUmberland County, Pennsylvania, from Defendant. In due COurse, Defendant opened an account at Adams County National Bank, into which Defendant deposited the security deposit. SAIDIS ]~, Fi, OWE~ 4. On February 3 2000, Defendant liquidated the aforesaid account LINDsAy , ~ at the Adams County National Bank and withdrew the sum of $539.82, without notice W. High Street :~,~,~,. Pa to Plaintiffs. 5. In early Apr//2000, Plaintiffs advised Defendant that they Would be moving out on May 31, 2000. 6. Plaintiff, in fact, did move out prior to May 31, 2000, leaving the house in far better condition than when they moved in, having made many improvements to the property. 7. Plaintiffs repeatedly advised the Defendant of their new address at 221 Cornman Road Carlisle. 8. Defendant failed to provide tenant with a written list of damages within thirty (30) days, and consequently forfeited all rights to withhold any portion of the sums held in escrow. 9. In accordance with 68 P.S. §250.512(c), Defendant is liable in assumpsit for twice the amount deposited in escrow, including any unpaid interest thereon and any interest which would have continued to accrue had Defendant kept said escrow account on deposit. WHEREFORE, Plaintiffs demand judgment against the Defendant in the amount of $1,079.64, plus twice interest which would continue to accrue and costs. C__OUNT II 10. Paragraphs 1 through 9 are incorporated herein by reference. 11. Defendant repeatedly told Plaintiffs that he would sell the property that Plaintiffs were renting to Plaintiffs. In justifiable reliance upon Defendant's SAIDIS assurance that he would sell the property to the Plaintiffs in the future, Plaintiff made ~__LINDSAY many improvements to the real estate, including a new living room ceiling; improving W. High Street Carlisle, PA the downstairs bathroom by wallpapering, staining and varnishing the Woodwork and making and installing cabinet doom with knobs and hinges and adding a bath light above the sink; wallpapering the kitchen; installing crown molding; and adding fluorescent lights; improving the master bedroom by installing carpet and padding, painting the walls and ceilings and installing baseboard; making similar improvements to the second bedroom; painting the upstairs in all and installing baseboard; installing storm doors on the front and back of the house; building a deck with steps, putting in new clothes line posts; wallpapering the downstairs hall and adding missing moulding; and adding frosted plexiglas doors to the kitchen cabinets, and other improvements. 12. Defendant advised Plaintiffs early in 2000, that he would not sell them the house because he believed it would result in adverse tax consequences for himself. 13. As a direct result of being advised that they could no longer purchase the house, Plaintiffs decided to move out and to purchase another home. 14. As a result of the numerous improvements which Plaintiffs made to the home, Defendant was unjustly enriched, and Plaintiffs were damaged, to the extent that the value of the home was substantially increased as a result of their efforts. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000.00, an amount requiring submission to a board of arbitration for determination. SAIDIS SAIDIS, SHUFF, FLOWER & LINDSAY ~HO~, F[X)W~ Attorneys for the Plaintiffs & LINDSAY 26 W. High Street Carlisle, PA By~ ,' ]J~nesD. lelo~r,~..-- ~' i/I.D. #27742 ~,,/ 26 West High Street Carlisle, PA 17013 (717) 243-6222 VERIFICATION I, JAMES T. STINE, one of the Plaintiffs in the. within action, hereby vedfy that the statements made in the within instrument are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~] James T. Stine - Date: April ,2001 JAMES T. STINE and DIANE STINE, · IN THE COURT OF COMMON PLEAS OF Plaintiffs, · CUMBERLAND COUNTY, PENNSYLVANIA v. · NO. 2001-2091 CIVIL EDWARD D. BAKER, JR., ' Defendant. · IN ASSUMPSIT 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. Ma~k D. Schwartz, Esquire ( Supreme Court I.D. No. 70216~- 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Edward D. Baker, Jr. Date' May 24th, 2001 JAMES T. STINE and DIANE STINg : IN THE COURT OF COMMON PLEAS OF . PLAINTIFFS, : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-2091 CML EDWARD D. BAKER, JR., · DEFENDANT- : IN ASSUMPSIT AND NOW, this 7-2~'~' day of _~~ __, 2001, comes Defendant, Edward D. Baker, ~r., by and through his attorneys, IRWIN, McKNIGHT & HUGHES, and makes the following Answer With New Matter and Counterclaim to Plaintiff's Complaint: 1. Admitted. 2. Denied as stated. Defendant, Edward D. Baker, ~r. resides at 200 Lon§street Drive, Gettysburg, Pennsylvania 17~25. ~. Denied as stated. On October 27, 1994, Plaintiffs signed a Lease Agreement for the property located at 498 Old Mill Road, Carlisle, Cumberland County, Pennsylvania, from Defendant. On November 1, 1994, the Lease was commenced. 4. Denied as stated. For purposes of removing a Social Security number from the already established account, on February ~, 2000, Defendant transferred $$~9.82 from an account at Adams County National Bank in which he held the security deposit into a newly opened savings account at Adams County National Bank on the same day. 5. Admitted. 6. Denied as stated. By way of fin~er answer, Defendant received notice that Plaintiffs would be moving out on May 31, 2000 and believe that they left the residence on that day. No key was returned to Defendant prior to May 31, 2000. 7. Denied as stated. By way of furth~ answer, Plaintiff did not advise Defendant of their new address in writing at any time prior to vacating the premises. Additionally, Defendant was aware that they were purchasing a farm in Carlisle but never knew the exact street address. 8. Denied. By way of fin~er answer, Defendant mailed a letter to Plaintiff on or about June 29, 2000, which comained a written list of damages. Said letter was mailed to the address of the rental because Defendant had never been notified of the Plaintiff's new address. 9. This allegation is a conclusion of law to which no response is required. To the extent that a response may be required, the allegation is specifically denied. 10. Answers in paragraphs 1 through 9 above are incorporated herein by reference made thereto. 11. Denied as stated. By way of Rtrther answer, Defendant and Plaintiffs informally discussed the possibility of the sale of the rental property to Plaintiffs. No offer was ever made by Plaintiffs nor was any price ever discussed between the parties. No sales agreement, whether verbal or written, was ever reached between the parties. Defendant was not informed of the improvements and Plaintiffs were not authorized to perform the improvements as required by the Lease Agreement. 12. Admitted in part, denied in part. It is admitted that Defendant advised Plaintiff early in 2000 that he would be subject to capital gains tax on the sale of the rental property. Any inference that there was a prior agreement between the parties to purchase this property is specifically denied. 13. Defendant is without sufficient knowledge to form a belief as to the troth of this allegation and strict proof is hereby demanded. By way of fimher answer, any inference that there had been any prior agreement to sell the house is specifically denied. 14. This allegation is a conclusion of law to which no response is required. To the extent that a response may be required, this allegation is specifically denied and strict proof is hereby demanded. NEW MATTER 15. Defendant incorporates Answers 1 through 14 incorporated by reference. 16. On or about April 4, 2000, the Defendant received a hand-written letter from Plaintiff indicating that they would be vacating the premises on May 31, 2000 because they were in the process of purchasing a fan~. · 17. After Plaintiffs moved out on May 31, 2000, Defendant inspected the property and discovered that several items of upkeep and maintenance were not completed by Plaintiffs in accord with the Lease Agreement signed by the parties. The grounds desperately needed mowing and trimming; carpets had to be cleaned; trash had to be removed from the surrounding grounds as well as from the shed; walls needed refinishing; the tub and shower units needed cleaning; a baseboard heater had to be replaced; and fuel oil had to be replenished. 18. The parties signed a Lease Agreement and Addendum dated October 27, 1994. A copy of said Lease Agreement and Addendum are attached hereto as "Exhibit "A" and incorporated therein by reference thereto. 19. Under said Lease Agreement and Addendum, tenant agreed to pay for all utilities, snow removal and yard maintenance. 20. Under said Lease Agreement and Addendum, tenant agreed that no painting, wall papering, or other alterations to interior or exterior shall be made without written consent of the owner. 21. Under said Lease Agreement and Addendum, tenant agreed to fill the heating oil tank upon vacating the premises. 22. Under said Lease Agreement and Addendum the parties agreed that owner may apply all or part of the tenants' security deposit as reimbursement for damages or any other expenses as a result of tenants default of Agreement. 23. The cost of said repairs, maintenance or goods performed or purchased .by Defendant exceeded the security deposit held in escrow by Defendant. 24. Defendant is not liable in assurnpsit for twice the amount of deposit in escrow including any unpaid interest under 68 P.S. Section 250. 512(c) because Defendant did provide a written list of damages within thirty (30) days and due to the fact that Defendant was not provided with written notification by Plaintiff of Plaintiffs' new address. WHEREFORE, Defendant demands judgment in his favor and against Plaintiffs on all counts of Plaintiffs' Complaint. COUNTERCLA~ _ 25. Defendant incorporates Paragraphs 1 through 24 herein by reference made thereto. 26. As a result of Plaintiffs' breach of the Lease Agreement and Addendum, the Defendant has suffered the following damages in the amount of $708.49. Attached as Exhibit "B" is a calculation of the damages incurred and is incorporated herein by reference thereto. 27. In that the damages incurred by Defendant exceed the amount of the security deposit plus accrued interest, $539.82, Defendant is entitled to reimbursement in the mount of $175.67 under the Lease Agreement and Addendum. WHEREFORE, Defendant demands judgment against Plaintiffs in the amount of $175.67 plus interest which would continue to incur and costs. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Mark D. Schwartz, Esquire 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Supreme Court I.D. No: 70216 Attorney for Defendant, Edward D. Baker, Jr. Dated: ,2001 VERIFICATION I have read the statements made in the foregoing Answer with New Matter and Counterclaim and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. EDWARD D. BAKER, JR. Date: May ~ 2001 EXHIBIT "A" 23f-Ar--l. ea:~r Ileal F. slale---Ju(Igmeltl Clatjsn. Ilar..75. Ilenly Ilall, I,c., Indla,a. Pa. , ARTICLI O1:: A®RI EMI NT Made this - '~. ~~ (Jay O¢ f~ o be r Belwee, Edward D. Baker, Jr. ^. o. 19 94 -. hereinafter styled the party of the first part, and James and Dianne Stine herei,afler styled the party of the second part. WII'NESSETH, that the said party of the fiwst part, in co,sideration or the rents and covenants hereinafter mentioned, dolh demise and lease milo the said party of tl~e second part to be used as PrJ. vat:e re$idezlce 498 Old Mill Road, Carlisle, Pennsylvania , the premises situate and Commonwealth of Pennsylvania, dP~sclibed as follows: County of Cumberland ~ House and immediate surrounding lawn excluding all pole build ngs and sheds. I TO tlAVE AND TO HOLD unto the said party o! tile second part, subject to the condiUons o! this agreement for " the term beginning on the November ~) 94 , and endi,g on the 3la t 'iS I: day of day ~r October 19 95. IN CONSIDERATION OF WItlCII the said party of the second part agrees.lo pay to the said .party o! the first part lot the use an(J occupa,cy o! the said premises~ tile sum of Five Thousand~ Seven Hundred (~;~,7oo) · dollars payable as follows~ Twelve (12) of Four Hundred Seventy Five Dollar$.(i.$~475), in 'advance without demand on the First(lst) day of each'month. Rent' payments will be mailed to: Edward D. Baker, Jr., 175 Sachs Road, Gettysburg, PA 17325. If payment is mailed~ the envelope's postmark will be used to determine the date when rent is actually paid. .. · AS A FURTHER CONSIDERATION for [he use and~occupa,cy, of,said premises [he said party of the seco, d !... part hereby ailrees to faithfully keep and be bound by' the"fo!lowing covenants, co, ditions, and agreements.. . The said prelnisel are to be kepi end Inai.lelned in as seed l"epnir'a.d coltditio. 'as at present and al the expiration of tills lease, Ihey are lo be surrendered in like repair and co. dillon, .al.roi wear a.d 'dalnagel happe.ing by fire, storm or olher casuallles only excepted. , The premises are lo be kept in · clean and sanllary condition e.d all ashes or other garbage which may accumulate thereort during the term me to be removed, and lit case of Failure lo remove ,the softie lite parly of the first pad may collect as rent due a,d in arrears the cost of refnoval; Ihs water, Ilghti,g or Other:service'for'the'uso of Ihs occupanls of tho said premises furnished by any Public Service Company during life ,aid term shall be.' paid,'for' by lite laid party of the second peri unless otherwise provided herein, or the same may be collected by Ihs said Party of the'first.peri,as real'due end ill arrears. Nothing shall be dine upon said premise ' ':' ' ' ' '" whereby Ihs hazard may 4. Increased or Ihs I s contr.ery Io lhm'co.dllio., o! Ihs policies o! insur sublet nor shall thl~ I .... 7~__ . . n,urmnce Invmlidmled .alu .... once upon the bulldin s Ih tree said premi .... :.~_-._=~p..r .n.y Interest tlmreln' be .,,lllned l.....? ..... t.or Ih, .whole. nor any ,o,l,on o! the said r, remi--8- _..~.re.o, bu--lnese-,- .... ~':-,,-.;,-qms term o! Ihil;lelse"wiUlo..,--,,."_?;'.."J...~'"~"_me party o! the seco,d part remove --- -~'; ..... -.,~; ~,,-'.- ue - .-,,,., ut n11¥ llm41ha .... a_., .... ' ;: u~ ,llla~lfl~l,l&lQn~....COl~lefl~ 'el Ih- , _ _ v. atlglllpl [0 remove · ' l["~.'qll.gl~U~].fg._ upon Iai= premises. "' ~. "'; '.'~..'.:' . ::..,' .' ?... :7 .... .,aid POlly of the first pad/ Slid ,o u, lawlul makln,Tnh:c::;:~.y°:n:~:cft~nt :~arrte;:~l.es:~Ytore:~we, tho ri,hi to e,,ler upo,, Ih. Premises 'at ,easonabl " Sale cards Ihereon. . . the same t~ pr.ospactive purchasers or lessees and m~-e-- ~.n,e.s lo,r_ the purpose of " ~ , , ay display "For Refit" or "For If default shall be made ht the payment o! a.y part of the said ro.I alter Ute same becomes due, or i. case of a breach or · evasion or any atiempl to break or evade m.y.of the cove.sillS' nr co-dillons el Ihls a~reofont term o! this lease renmi.in~ unpaid'shall'become'due a.d 'l~a-'able' -'~ .. .~ , Ihs e-lire rani rosorv et once illl~l ma~.rforlh...,., .......... ed for life full ' party of the first pad may f~rfei! and ml.ul tile " - -,-, ue COlleCloo, and at the same lime Ihs · uliexpired;porlioll of 'lhls ,lease nltd e,lor upon mid re-possess tile said Premises with or without process el law, and wilhout '~ivi,8 eny'noUl~O'~liatsoovor. - .. .~ ·. ,... . .... ;:., : ... . . '. bo:et~, AcCeemcaodne;tance .by the party of Ute first'part'of any'of lite'; Sold:re,! ri, any time after tho same shall become due. niter default has . , ., ,. . Io .,enlorce. forty.el.ihs rlglllj herein, reserved to the' parly o! the firs! part, or any.. i n contained, shall'not 'hi o,y* wise ~ be ,.?Co,$jdor'ed .Ii waiver of:ribs ~i1~1~1 Io enlorco lbo same nl a,y time wilhou! any noUce whatsoever, and;amy littempl lo *collect the'rent,by 'one~*Ploceadlns ehall ,et be co,sidereal as a waiver of the riKht Io collecl * Ihs same by any other proceeding, but ~11 o! tl~e Ilgltts'of the party o! the "lirll, pa~l, ,,d all condlUong may be e,lorced IoEether or successively mt tile option of Ihs party of the Iirll peri. . , iff bankrUPlcy be filed alla.ls! Ihe said' Parly ol Ihe SeCond Parl, all lira re.I, -,. ,, ,. ,,,., ,, ,,,. ""%, '" ,o. ,,, . osli;ll Iv~nl, makobecotne ~ny allO.~ey ol nny Courl ol fiecor~ ol Peu,sylvQ~l~ is hereby nl~lhori~e~ Io ~Pl)e~r Ior ~d Io conless G jud8~enl ol Ihe secmld Pare and i1~ laVor o( Said ~a~ly ol the Iirsl parl lot Ihe amounl ol Said renl Ihen due and UnPaid as betel,. before sel forlh .... And Ihe said Parly of Ihe Second PAil hereby walvos the ".~m of Illis lease femainin e~phollon of said le.n, or Iho Iormhlnllon of Ibis lease WllllouI 1ny lmllce Whnlsoever. Arid Upon any Proceedi. E Inslllulwl for lira , USunl ~lollce Io quit, mid a~roes Io sUrre.der Said Premises 81 elm Aecovery ol said renl, Ihe said Parly of Iho SeCo.d P~rl Walvol Ihe benelll ol nil N)P~alse.tm~l, slay mid exemplion laws, i'quisiliou on real eslale, and u!I baukruplcy or i.solvency laws now hi IOrce or Iterealler Passed. Upon Ihe breach of any of lite covenanls any allor.ey as aforesaid Is hereby aulhorized or agAeemenls of Ibis lease or Upon ils said Pa~y of Ihe second Parl a~ld in favor of lite Said Parly of Ihe Iitsl Parl lot I1~o ler;1;iimlion by Iorleilur ~el~,ull. or exphalioll Io appear for and Io coatless medtale Issuin~ of a w;it of POSSQSSio;i I0 hmlude a clause for cost a.d renl due, wa/vin~ all ifregularilies, Wilhoul nolice and Willmul asklne leave of coral. In aft nmicnlJIo nclio~'. , Pfemises llerel, described, and Io direcl ' e/eClme~tl a~ah;sl Il is /u~l;er agreed Ihal Ihe lerms and Condilions of lilts agreemenl and lease Shall in no Way be cl~anged or altered except by a Wriling signed by all of Ihe parlies llerelo; and if Ihe said Parly of Ille second parl shall conlh;ue such holding Over may be held and dee, led in possession of II~e said premises after tile expiration of said lerm, a~ lire oplioll of II~e said Parlv o[ II~e /irsl Pa~t so o, from ~0~ Ch * a renewal of Ibis agreemenl f removal, eacli re,ewal being sub'e ~o . ~0~ Ch ' or mlolher. ~]o~ Ch ' Tim condili ,. _, ... Jcl lo I/le co~dilio,s of Ibis lease u~llil lea I mid . of..., u,s agreemenl si,all qxlel~dlplhe admiuislralors a.d execulols of all~ :en°l~e is given for See addendum [o: add'iCionai ~ecf~s and ConditiOns o[ ~his lease. IN WITNESS WIIEREOp, lira Pmlies almesaid Imve I~e~eU~llo scl Illeir hands m~d Seals lira day and Yem Ihsl above Wrillen, I parl!es Imrelo. . ' ............................................... . ~ ~'~" ~. ~ :..~L, [~_., ~)J~ !~ t"' [-~,'r~ ...... r ......... .- ~r~. b ~.[.1~,I , dete~.min-. 1'.he dal, e w]~,n z'e"rj.'t J ": ac:t~]al ] y pa j d 1i' TENANT t["a.i ] ~ OWNER Lhe ['en' by 'Lhe [:'st-~ ,"].ay ,_,E the m,-','r~'t:]~, "[~en T~.NANT ag~"e~:,.,~: ~.,,~ ..... ' .... ' .... z,,~_.. ¢~J~: ~}...._.~, 5 ) . '~ '""' 2. (.}[~N~R ~.~.~ col] ~:::.:::~ ,--:.,_I 't:r'ou~?~NA.N~' ,~ :;ec'ur~ ~y. del:)os~ L iii t;}.~, al,,:.,unt · - . . .. 1 ]-, .. .... · , . .. .- ..... f..l .l:a ~. ,-,f TENANT's se,-'.~-~i..,.,, deposj, t. as ~"e~],bur~;~,men~ for any ~;,est. ~ " ' .. i. ~ ' ~"~'b':~ ~ ~a~de~ Liquid. age:cl, d. au,z~.~'e i'ees, 1,'.,:5~'~, damagec,c a.r~y ,.')f./,r:~.t.. ti::'; a re:stl}l; Of TENANT'sdefault...TENANT shall reimbuz, se OWNER ':'f all "~xpe~lse._z, darnage:.~ and '[o.tzse:~; 'bha.'b exceed b~e araoun-6 ,-:,f ~_' e n t, pa yrn e r'~'b. , ' , -,. No pa.i.n'6ing, ~a!lpape.~-.ing, or' oLtie~ al'ber.r~[,ions f,c, irlkeri,;,c ,.t.. 4. ["'k" ern i :;, ':s w :[ 1 .! b e :..i .:~ ~e, l a,. ,..~ '(;h-':l l;}lz'ec: p~.'J.v;',, r,e re~; [de.rice for a fain [ J.).. ,',t' rio l,'~,.'.,t'c, 5 TENANT 'agree:~bo Pal.' fo~' a.L..L lit',ii.i[,ies, an,.':,w uem,-,val a~'~,J ~ .. - ~.ENAN'I' aaree~.; i:,o c.a.rr~ re'~;e.c s 'i-n~s~r'an.~.:e L,.~ cover. '~t~ei~. P~' ":' 'D c: :- t'. y' .. ,-, · - ' ~.['~ 'l'z'on~ I iabi'l:L by ~:'~..,,... ;.'t [.]. in.juc~ or c. lau, ag.- TENANT, 7I~NAlqT, ~z pr',.:',pel-~;>,. :~b,-,,,~ , TENANT's family, guests and enq:,l,:.,yee.-. ,"~n ol'- '-'" 'Pre~nises ar'isiag fr'on-~ ne~liZeace or unin'6ea't, iona.1 ac'ts ~'r' ....O~"INI~R e,_.::.z by t.l~ird parties. O~';NE~ will no~ be liable whaLs,,ever, f'or in,.iury c,~' damage cauaed by wa'bar 'kha~ aay leak Jato the PREH.I;.;ff:;; '" , 8 TE'NANT will n,.:~t, keep any pet on PREMISES wit',hour written con:~enl, ,,f ,-,f,N,:R.. NO F'E ~,il]. ~),.~ a.ilowod inside ~.:,.~ h,.'.',u:-~e ,.-,r' basemen.6. ' TENANt' agrees t,., J'i!]. l;]'lo }~.eat. ing oil 'La. nit Ul:,c,n vac'al;i, ng /',rerai Th:f..z ;a'-f'!er~dum is PPro'ved and en'bered in'to 'this ~~cfay of Oct,.,~,,:.,. (' q "~ Ti a s ... ' ~- ~e undersigned TE'NANT(s) Jointly and severally unde~'s:'f, at, t[ds agz-ee~ '~o and acce~%s a11 conditions imposed. DAT~ --- - .......... T~:NANT ...... EXHIBIT · · ,, EXPENSES Mowing and trimming ......................... $150.00 Fuel Oil ................................................................ 46.88 Carpet cleaning .................................................. 116.61 Trash removal from wooded area ........................ 30.00 Trash removal from shed ................ 30.00 Refinishing of walls ........................................... 200.00 Cleaning of tub and shower units ........................ 60.00 Replacing baseboard heater ................................. 75.00 Total ................................................................. $708.49 ~ I 0£ I ~d 'oIs.tIx~D ~oox~S qg.tH ~sO/~A /~spu.t~I T :ton',oI~I ~nqs 's.tp.ms o:t.mbs~[ ":t£ 'Jon~oltI 'ti sou~£ :gu.t,~oIIo~ oql uodn e.me*I,(SUUOcI 'OlS.tI~eO u.t I.rem solelS pal.roll p.redo:tcl o:~elsod 'ssel°-ls.~ ~Cq po,uos se,~ u~. IO~lunoD ptre aolleIhI ,~oN ~,~suv oql ,lo ~doo e 'I OOE ',(eIhI ~o ,(ep ql~E s.rql uo leql ~!1.~o ,(qoaaq pou~!szopun oql I ~[DIAH~S dO · · · JAMES T. STINE and DIANE STINE 'IN THE COURT OF COMMON PLEAS OF Plaintiffs, :CUMBERLAND COUNTY, PENNSYLVANIA · : NO. 2001- 2091 CIVIL · EDWARD D. BAKER, JR., ~ · Defendant. : IN ASSUMPSIT AND NOW COME Plaintiffs by and through their attorneys, SAIDIS, SHUFF, FLOWER & LINDSA¥, and make the following reply to Defendant's new matter and Answer to Defendant's Counter-claim: REPLY TO NEW MA TTER reference. 15. Plaintiffs incorporate Paragraphs 1 through 14 of its Complaint by 16. Admitted. 17. Denied. The property had been improved by Plaintiffs enormously during their tenancy. The lawn did need to be mowed, but it was lower than it was when they took occupancy, and they were hindered in their desire to mow the lawn by frequent rains around that time. The carpets had been vacuumed and only reflected normal wear and tear. SAJD~S The Plaintiffs removed substantial trash and did not leave any ~ LINDSA¥ significant trash on the property. The walls did not need refinishing, on the contrary, &~-~~'AT,~' . 26 tV. High Street Defendant approved of Plaintiffs' efforts to improve the property with painting and Carlisle, PA wallpapering, and consented to Plaintiffs' wallpapering of the premises. The tub and shower units were clean but reflected a red stain from the well water which Defendant had been well aware of. The baseboard heater did not have to be replaced, but was, in fact, sanded and painted and in better condition than when Plaintiffs moved in. The fuel oil had been replenished by Plaintiffs. 18. Admitted. 19. Admitted. 20. Admitted in part and denied in part. It is admitted that such a term appeared on the Lease. By way of further answer, however, Defendant told Plaintiffs that this clause did not apply to them, and that it was just a standard form cl use. Defendant emphatically approved of Plaintiffs' improvement of the property by painting and wallpapering, and told Plaintiffs that they should go right ahead and continue the improvements since he would permit Plaintiffs to buy the property from him. 21. Admitted. 22. Admitted. 23. Denied. No repairs, maintenance, or purchase of goods was required by Plaintiffs' occupancy of the property. On the contrary, Plaintiffs improved the property enormously during the time of their tenancy. 24. Denied. Defendant is liable for twice the amount of deposit in escrow, including any unpaid interest under 68 P.S.§250.512(c). Defendant failed to provide a written list of damages within thirty (30) days in spite of the fact that he had SAIDI$ repeatedly been notified by Plaintiffs of Plaintiffs' new address. HUFF, & LINDSAY 26 W. High Street Carlisle, PA ANSWER TO COUNTER. CLAiM 25. Plaintiffs incorporate Paragraphs 1 through 14 of its Complaint and Paragraphs 15 through 24 of/ts Reply to New Matter by reference.. 26. Denied. Plaintiffs in no way breached the Lease Agreement and Addendum, and Defendant suffered no damage as a result of any breach by Plaintiffs. 27. Denied. Defendant incurred no damages. WHEREFORE, Plaintiffs demand that the relief sought by Defendant be denied. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for the Plaintiffs " / James D. Flower, Jr. ~/ 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNBYS,AT,LA~ 26 W. High Street Carlisle, PA VERIFICATION I, JAMES T. STINE, one of the Plaintiffs in the within action, hereby verify that the statements made in the within instrument are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. · Stine Date: ~ SAIDIS SHUFF, FLOWER & LINDSAY ATTO~oAToLAW 26 W. High Street Carlisle, PA JAMES T. STINE and DIANE STINE 'IN THE COURT OF COMMON PLEAS OF Plaintiffs, :CUMBERLAND COUNTY, PENNSYLVANIA · · NO. 2001- 20~ CIVIL · F:~W^RD D. B^KF:R, ,JR., : Dofendant. : IN ^SSUMPSIT CERTIFICATE OF SERVICE AND now, this C;~,,~"~ day of ~~2 7/"~ ., 2001, I, James D. Flower, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that l served the within Answer to Counter-Claim this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to' Mark D. Schwartz, Esquire IRWIN, MCKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By:/ ~Llames D. Flower, Jr. /// ( /I.D. #27742 v/ V 26 West High Street SAIDIS Carlisle, PA 17013 SHUFF, FLOWF_,R (717) 243-6222 & LINDSAY ATrO~.AT.LAW 26 W. High Street Carlisle, PA