HomeMy WebLinkAbout04-3810GERALD E. VARNER, SR. and
EVELYN I. VARNER,
Plaintiffs
MICHAEL McCLEARY and
KlM McCLEARY,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
'NO. C,V L TERM
NOTICE
YOU HAVE BEEN SUED IN COURT. ff 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
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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
GERALD E. VARNER, SR. and
EVELYN I. VARNER
Plaintiffs
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v. :NO. 04- ,.~/~, CIVIL TERM
MICHAEL McCLEARY and
KlM McCLEARY,
Defendants
COMPLAINT
1. Plaintiffs are Gerald E. Yarner, Sr. and Evelyn L. Varner, husband and
wife, who reside at 407 Roxbury Road, Upper Mifflin Township, Newville, Cumberland
County, Pennsylvania, 17241.
2. Defendants are Michael McCleary and Klm McCleary, husband and wife,
who reside at 11018 Morgan Drive, Southampton Township, Franklin County,
Pennsylvania, 17257.
3. Plaintiffs are the owners of property located at 326 Doubling Gap Road,
Lower Mifflin Township, Cumberland County, Pennsylvania on which a two-story
dwelling is located.
4. On or about September 14, 1999, the Plaintiffs and Defendants signed a
lease agreement whereby the Plaintiffs leased the house at 326 Doubling Gap Road to
the Defendants for the period October 1, 1999 through September 30, 2001. See
Exhibit "A' attached hereto.
5. Pursuant to Paragraph 14 of the lease, "Tenant is responsible for, and will
take good care of, the leased premises and all of the property in and around the leased
premises." (Emphasis in the original).
6. On or about September 1, 2001, the Plaintiffs and Defendants signed a
lease agreement for the period of October 1, 2001 through September 30, 2004. See
Exhibit "B' attached hereto.
7. Paragraph 10 of the lease states, "Landlord is responsible for all damage
to property or injury to people caused by landlord intentional or negligent acts at the
leased premises. Tenant is responsible for all damage to the leased premises and
injury to people caused by tenant, tenant's family, dogs or guests." (Emphasis in the
original.)
8. Paragraph 14 of the lease states, "Tenant is responsible for, and will take
good care of, the leased premises and all of the property in and around the leased
premises. Tenant agrees to pay for any damage caused by tenant, tenant's family,
dogs and tenant's guests." (Emphasis in the original).
9. Paragraph 17 of the lease states, "Tenant agrees that landlord may
receive reasonable attorneys fees as part of a court judgment in a lawsuit against
tenant for violation of the agreements of the lease." (Emphasis in the original.)
10. On or about April 1, 2004, Plaintiffs notified the Defendants by a written
Notice of Termination of Lease that the subject lease would not be renewed at the end
of its current term. See Exhibit "C" attached hereto.
11. During the last week of April, 2004, Defendant Klm McCleary informed
Plaintiffs that the Defendants would vacate the leased premises by May 31, 2004.
Plaintiffs agreed to release Defendants from the remaining term of the lease.
12. On or about May 30, 2004, Plaintiff Gerald E. Varner, Sr. went to the
property to arrange for a final inspection of the property. The Defendant Michael
McCreary told Plaintiff that the Defendants intended to leave the keys in the house
when they departed because there was nothing wrong with the interior of the house and
a final inspection was not necessary.
13. No final inspection of the property was ever performed. The Defendants
Jeff the keys with a small note containing their forwarding address in the house when
they vacated it.
Count 1 - Rel~air Costs for Damacle to Prooertv
14. Plaintiffs hereby incorporate paragraphs 1 through 9 as if fully set forth
herein.
15.
On three occasions during the lease term, on Apdl 8, 2000, April 29, 2000
and June 15, 2003, the Plaintiffs were required to mow the lawn because verbal and
written notices from the Plaintiffs to the Defendants went unheeded. The Plaintiffs
verbally notified the Defendants that they would be charged for mowing the lawn. The
Defendants were later informed by Plaintiffs in the letter of June 1, 2004 that $225.00
(for 3 occasions ~ $75.00 per occasion) was being deducted from their security
deposit.
16. On or about May 31, 2004, when the Plaintiffs inspected the property, they
discovered damage well in excess of normal wear and tear to both the interior and
exterior of the house, as well as to the pool, swing set, and yard.
17. Plaintiffs promptly notified Defendants, by letter dated June 1, 2004, that
their security deposit of $725 would not be returned and that Defendants were
responsible for significant damage to the property. The Plaintiffs detailed the damage in
this letter and enclosed pictures of the damage. See Exhibit "D" attached hereto.
18. Defendants never responded to Plaintiffs' letter dated June 1, 2004.
19. The Plaintiffs promptly obtained estimates for labor and materials to repair
the damage caused by the Defendants. The repairs that were required to make the
house habitable for incoming tenants were undertaken immediately.
20. The total cost to repair or replace items damaged by the Defendants
totaled $8,902.88.
21. The amount due to the Plaintiffs from the Defendants for damage to the
premises, including the cost or repairs plus the costs of mowing during the lease term
minus the $725.00 security deposit plus interest at 2% for 2 years and 8 months equals
$8,388.38.
22. Plaintiffs sent Defendants another letter on June 18, 2004, which letter
reiterated the damage left by the Defendants and detailed the cost to repair and replace
damaged property, and included incidental costs caused by Defendants' damage to the
premises. Copies of all invoices and estimates were enclosed with this letter. See
Exhibit "E" attached hereto.
23. The Defendants never responded to Plaintiffs' letter dated June 18, 2004.
WHEREFORE, for all the above reasons, the Plaintiffs, Gerald E. Vamer, Sr. and
Evelyn L. Vamer, respectfully request judgment in their favor and against the
Defendants in the amount of $8,388.38 plus attorney's fees, interest through the date of
trial and cost of suit.
24.
herein,
25.
Count 2 - Costs to House New Tenants
Plaintiffs hereby incorporate paragraphs 1 through 19 as if fully set forth
At the time Defendants vacated the premises, the Plaintiffs had leased the
property effective June 1, 2004 to a six-member family.
26. Because of the damage caused by Defendants, the new tenants were
unable to occupy the premises until June 10, 2004.
27. Plaintiffs provided living accommodations to the new tenants for nine (9)
days at a cost of $50.00 per day.
28. The amount due to the Plaintiffs from the Defendants for this incidental
cost is $450.00.
WHEREFORE, for all the above reasons, the Plaintiffs, Gerald E. Vamer, Sr. and
Evelyn L. Vamer, respectfully request judgment in their favor and against the
Defendants in the amount of $450.00 plus attorney's fees, interest through the date of
trial and cost of suit.
Re~ully Submitted
~or~"~ro, Esquire
~8 South Pitt Street
,/Carlisle, PA 17013
v (717) 245-9688
Attorney for Plaintiff
EXHIBIT "A'
LEASE
THIS IS A RESIDENTIAL LEASE. IT IS A LEGALLY BINDING CONTRACT BETWEEN THE
LANDLORD AND EACH TENANT. EACH TENANT SHOULD READ THIS LEASE CAREFULLY.
THIS RESIDENTIAL LEASE CONTAINS WAIVERS OF YOUR RIGHTS AS A TENANT. EACH
TENANT SHOULD NOT SIGN THIS LEASE UNTIL EACH TENANT UNDERSTANDS ALL OF THE
AGREEMENTS IN THIS LEASE.
1. NAMES OF LANDLORD AND TENANT:
Name of the landlord(s): Gerald and Evelyn Varner
Name of the tenant(s): Michael and Klm McClear¥
2. LEASED PREMISES:
The leased premises is the place that landlord agrees to lease to tenant. The leased pretenses is:
326 Doubling Gal~ Rd, Newville, PA. 17241
3. STARTING AND ENDING DATES OF LEASE AGREEMENT:
This lease starts on: 01 October 1999
This lease ends on: 30 Sel~teraber 2001
4. RENT:
The amount of rent is: $725.00 each month; total rent due for the 2_. year period: $17,400.00.
Tenant agrees to pay the monthly rent in advance on or before the Ist day of the month, Landlord does not
have to ask (MAKE DEMAND UPON) tenant to pay the rent. Tenant agrees to pay rent by first class mail
postage prepaid or in person to landlord at the place specified by landlord.
Tenant agrees to pay a LATE CHARGE of $10.00 per day if tenant does not pay the rent by the sth. of the
month. If tenant mails the rent to landlord, the date of payment will be the date the letter is postmarked. Mail to:
Gerald Varner, 407 Roxbur¥ Rd, Newville, PA. 17241, ohone 776°3833.
5. SECURITY DEPOSIT:
Tenant agrees to pay a security deposit of $ 725.00_ (one months rent) to hold property.
Tenant agrees to pay the security deposit to landlord before the lease starts and before landlord gives
possession of the leased premises to tenant. Landlord can take money from the security deposit to pay for any
damages caused by tenant, tenant's family and tenanffs guests. Landlord may take the security deposit to pay for
any unpaid rent. After tak/ng out for damages and unpaid rent, landlord agrees to send to tenant any security
deposit money left over. Landlord will send the remaining security deposit money to tenant no later than 30 days
after the lease ends and tenant leaves. Landlord also agrees to send to tenant a written list of damages and
amounts of money taken from the security deposit.
Tenant agrees to give landlord a written forwarding address when tenant leaves and the lease ends.
Tenant may not use the security deposit as payment of the last month's rent.
6. LANDLORD'S DUTY AT THE START OF THE LEASE:
Landlord agrees to give tenant possession of the leased premises on the starting date of the lease. The lease
will start even if landlord cannot give tenant possession of the leased premises because the prior tenant is still in
the leased premises or The leased premises is damaged. IF LANDLORD CANNOT GIYE TENANT
POSSESSION, TENANT DOES NOT HAVE TO PAY RENT UNTIL THE DAY LANDLORD GIVES
POSSESSION OF THE LEASED PREMISES TO TENANT.
7. DAMAGE TO LEASED PREMISES:
Tenant agrees to notify the landlord immediately if the leased pretrdses are damaged by fire or any other
cause. Tenant agrees to notify the landlord if there is any condition in the leased premises that could damage the
leased premises or ham~ tenant or others. If tenant cannot live in the whole leased premises because it is damaged
or destroyed, tenant may:
l) live in the undamaged part of the leased premises and pay less rent until the leased premises is mpa'tred
OR
2) end the lease and leave the leased premises.
Tenant agrees that if the leased premises is damaged or destroyed and tenant ends the lease, landlord has no
further responsibility to tenant.
8. INSURANCE:
Landlord agrees to have insurance on the building where the leased premises are located. Tenants own
property is not insured by landlord's insurance. Tenant is responsible for tenant's own property that is
located in the leased premises.
Tenant is required to carry his or her own RENTERS INSURANCE to cover his or her own property
located within the home. Landlord is not responsible for tenant's personal property if it becomes damaged by
way of fire, flood, etc.
9. ASSIGNMENTS OR SUBLEASES BY TENANT:
ASSIGNMENT (OR ASSIGN) is the legal term for a transfer of the lease from the tenant to another person.
This other person then becomes the landlord's new tenant and takes over the lease.
Tenant agrees not to transfer (assign) this lease to anyone else without the written permission of the landlord.
A Sublease is a separate lease between the tenant and another person who leases all or a part of the leased premises
from the tenant.
Tenant agrees not to lease (sublease) all or any part of the lease premises to anyone else without the written
consent of landlord. Tenant agrees that if tenant transfers this lease or leases all or a part of the leased premises to
another, tenant has violated this lease.
10. RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE:
Landlord is responsible for all damage to property'or injury to people caused by landlord intentional or
negligent acts at the leased premises. Tenant is responsible for all damage to the leased premises and injury to
people caused by tenant, tenant's family or guests.
Tenant agrees that landlord's is not responsible to tenant, tenant's family or guests for damage or injury
caused by water, snow or ice that comes on the leased premises unless landlord was negligent.
11. USE OF LEASED PREMISES:
Tenant agrees to use the leased premises only as a residence. Tenant agrees to obey all federal, state and local
laws and regulations when using the leased premises. Tenant agrees not to store any flammable, hazardous, or toxic
chemicals or substances in or around the leased premises.
Tenant agrees not to do any activities in or around the leased premises, which could harm any one or damage
any property.
Tenant agrees that tenant will not allow more than ~4 people to occupy the leased premises without
written permission of landlord,
12, RULES AND REGULATIONS:
Tenant a~'ees to obey all rules and regulations for the leased premises. If tenant violates any rules or
regulations for the leased premises, tenant violates this lease.
13. LANDLORD'S RIGHT TO MORTGAGE THE LEASED PREMISES (SUBORDINATION):
Subordinate and subordination are legal terms that mean that this lease does not have any effect upon the
rights of the landlord's mortgage company. In other words, tenant's rights under this lease are subordinate to
landlord's mortgage company. If landlord does not make the mortgage payments, the mortgage company may
have the right to end the landlord's ownership of the leased premises. If the mortgage company sells the leased
premises at a mortgage foreclosure sale, the lease my end.
Tenant agrees that landlord has the right to mortgage the leased premises. If landlord has a mortgage on
the leased preraises now, or if landlord gets a mortgage in the future, tenant agrees that this lease is subordinate to
the landlord's mortgage.
14. CARE OF LEASE PREMISES:
Tenant is responsible for, and will take good care of, the leased premises and all of the property in and around
the leased premises. Tenant agrees to pay for any damage caused by tenant, tenant's family and tenant's guests.
Tenant agrees to turn over possession of the leased premises to landlord when the lease ends.
15, LANDLORD'S RIGHT TO ENTER LEASED PREMISES:
Tenant agrees that landlord and landlord's representatives have the right to enter the leased premises at
reasonable times. Landlord and landlord's representatives have the right to inspect, to make repairs, to do
ma/mtenance, and to show the leased premises to others. Landlord will make an appointment 24 hours in advance
unless there is an emergency.
16. UTILITY SERVICES:
Landlord and tenant agree to pay for the charges for utilities and services supplied to the leased promises as
follows:
Charge or Service: Paid By:
TV Cable/Satellite ...................... Tenant
Electric to Prenfises .................... Tenant Adams Electric (Shippensburg) 1-888-232-6732
Refuse Collection ...................... Tenant
Lawn Maintenance ..................... Tenant
Snow and Leaf Removal ............... Tenant
Pest Control Charges ................... Tenant
Wood for Wood-stove ................. Tenant
Water/Sewer ............................ Landlord
Landlord has the right to turn off temporarily any utility or other service to the leased premises in order to
make repairs or do maintenance.
Tenant is responsible for snow/ice removal only on sidewalks; Landlord will take care of the
driveway/parking lot.
17. VIOLATIONS OF THIS LEASE:
When Tenant does not do something that they have agreed to do, it is a violation of this lease. If tenant violates
this lease, tenant may lose tenant's security deposit. If tenant violates this lease, landlord also can sue tenant for
other expenses and may sue to evict tenant. If rent falls 30 days past due, landlord can evict immediately and
security deposit will be forfeited.
Each tenant should not sign this lease unless each tenant has read and clearly understands the information in this
section about lease violations.
THIS IS A JOINT AND SEVERAL LEASE
THIS IS NOT A JOINT AND SEVERAL LEASE
If this is NOT a joint and several lease, then the landlord can only sue one tenant for that tenant's violation of
the lease.
If this is a joint and several lease it means that al/the tenants as a group and each of the tenants as an individual
are responsible to landlord for all of the agreements of this lease. For Example, if the rent is not paid, landlord can
sue all of the tenants (jointly) for any unpaid rent. OR, landlord can bring a suit against any one tenant separately
(severally) for all of the unpaid rent,
TENANT VIOLATES THIS LEASE IF TENANT:
I) Fails to pay rent or other charges to landlord on time or,
2) Leaves (abandons) the leased premises without the landlord's permission before the end of the lease or,
3) Does not leave the leased premises at the end of the lease or,
4) Does not do all of the things that tenant agreed to do in the lease.
If tenant violates the lease, each tenant agrees to waive NOTICE TO QUIT. This means that the landlord may
file a complaint in court asking for an order evicting each tenant from the leased premises without giving each tenant
NOTICE TO QUIT first. Landlord does not have the right to throw tenant out of the leased premises (self-help
eviction). The landlord can only evict tenant by court action.
The landlord does not have the right to sue in the court for eviction unless a tenant has violated the agreements
in this lease. Even though each tenant is waiving NOTICE TO QUIT, each tenant will have a chance in court to
challenge the landlord's claim for eviction.
If tenant violates the lease agreement, the landlord may sue each tenant in court:
1) To collect overdue rent, late charges and money damages caused by tenant's violation of the
agreements in the lease.
2) To recover possession of the leased promises (eviction).
3) To collect for unpaid rent until the end of the lease or until another person takes possession of the
leased premises as a new tenant.
Tenant agrees that landlord may receive reasonable attorneys fees as part of a court judgment in a lawsuit
against tenant for violation of the agreements of the lease.
18. OTHER AGREEMENTS BETWEEN LANDLORD AND TENANT:
Landlord and tenant agree that the additional agreements marked with a "yes" are part of this lease
agreement.
YES--- CHECK-IN AND CHECK-OUT PROCEDURES
Walk-thru of residence will take place upon checking in and out of these premises.
appointment must be made with the landlord for this walk-thru.
An
YES--- RULES AND REGULATONS
Use of home, front and back yard plus swimming pool; tenant responsible for maintenance of pool
in opening and closing.
YES-- TENANT'S RIGHT TO CONTINUE LEASE
Tenant has the right to continue the lease providing no rules and regulations have been broken
within the years lease and rent has been paid on time.
YES~ PET AGREEMENT
Outside pet is permitted (dog/cat) Inside pet negotiable. (1 dog al~oroved)
Tenant is responsible for any damage caused by the pet.
YES-- SINGLE FAMILY RESIDENCE AGREEMENT
Tenant's family only will reside in the home (4 occupants).
YES--- OTHER:
If woodstove is used, tenant is responsible to purchase wood supply/cleaning of pipes and
chimney and is responsible for safety of using the woodstove. Any damages caused by the woodstove will
be at the tenant's expense.
The tenant has no authority to make any alterations to the premises or to incur any dept or make
any charge against the landlord or create any lien upon the leased property for any work done or materials
furnished without the express consent of the landlord in writing.
All reoairs $25.00 or less will be at the tenant's exl~ensel excel~t the following:
The tenant shall promptly repair at his own expense any damage to the property which may occur
by reason of his own negligence or the negligence of any member of his family, invitees and guests but
shall not be responsible for ordinary wear and tear.
19. TERMINATION BY DEATH:
If the landlord or tenant, husband or wife, should die dm'lng the term of this lease the surviving spouse of the
deceased or the Executor or Administrator of the deceased may terminate this lease by giving at least 1 month's
written notice.
20. TERMINATION BECAUSE OF DEFAULT:
After occupancy under this lease ha~ begun if either party fails to comply timely with any of the terms of this
lease and such default continues without reasonable justification for 1 month after notice to cure the default, except
that only a 5-day notice shall be required if the default consists of a failure to pay rent when due, then I month after
notice, or 5 days in the case of rent, the injured party shall have the option of declaring this lease terminated and
shall be entitled to immediately vacate the premises, or have immediate possession thereof as the case might be,
without forfeiting whatever further right the injured party may have to damages for breach of the lease. Notice
provided for in this paragraph shall begin to run on the date delivered in all cases and without exception.
21. USE, QUIET ENJOYMENT AND LOCAL LAWS:
The tenant shall keep the driveway, sidewalks adjacent to the premises clear of filth, refuse and obstructions;
the steps and sidewalks free from ice and snow; and will use the premises in compliance with all laws and
ordinances applicable thereto and in a manner which will not increase the fire insurance rate applicable thereto. The
landlord covenants that the tenant, on payiiag the rent and complying with the terms of this lease, shall peaceably
and quietly have, hold and enjoy the premises for the term of the lease.
22. PERSONAL PROPERTY LEFT IN PREMISES:
Window A/C, Electric Range and Refrigerator, Electric Hot Water Heater, Wood-stove
BY SIGNING THIS LEASE AGREEMENT, EACH TENANT AGREES THAT THE TENANT HAS READ
AND UNDERSTANDS ALL OF THE AGREEMENTS 1N THIS LEASE.
DATE SIGNED BY LANDLORD(S):
LANDLORD(S) SIGNATURE:
DATE SIGNED BY TENANT(S):
SIGNATURE:
EXHIBIT "B'
LEASE
THIS IS A RESIDENTIAL LEASE. IT IS A LEGALLY BINDING CONTRACT BETWEEN THE
LANDLORD AND EACH TENANT. EACH TENANT SHOULD READ THIS LEASE CAREFULLY.
THIS RESIDENTIAL LEASE CONTAINS WAIVERS OF YOUR RIGHTS AS A TENANT. EACH
TENANT SHOULD NOT SIGN THIS LEASE UNTIL EACH TENANT UNDERSTANDS ALL OF THE
AGREEMENTS IN THIS LEASE.
1. NAMES OF LANDLORD AND TENANT:
Name of the landlord(s): Gerald and Evelyn Varner
Name of the tenant(s): Michael and Klm McClearv
2. LEASED PREMISES:
~The leased premises is the place that landlord agrees to lease to tenant. The leased premises is:
326 Doublin~ Gao Rd, Newville, PA. 17241
3. STARTING AND ENDING DATES OF LEASE AGREEMENT:
This lease starts on: 01 October 2001
This lease ends on: 30 Seotember 2004
4, RENT:
The amount of rent is: $775.00 each month; total rent due for the 3_. year period: $27~900,00.
Tenant agrees to pay the monthly rent in advance on or before the 1st day of the month. Landlord does not
have to ask (MAKE DEMAND UPON) tenant to pay the rant. Tenant agrees to pay rent by first class mail
postage prepaid or in person to landlord at the place specified by landlord.
Tenant agrees to pay a LATE CHARGE of $10.00 per day if tenant does not pay the rent by the 1st of the
month. If tenant mails the rent to landlord, the date of payment will be the date the letter is postmarked. Mall to:
Gerald Varner, 407 Roxbur¥ Rd, Newville, PA. 17241, phone 776-3833.
5. SECURITY DEPOSIT:
Tenant has paid a security deposit of $_725.00 _in 1999.
Tenant agrees to pay the security deposit to landlord before the lease starts and before landlord gives
possession of the leased premises to tenant. Landlord can take money from the security deposit to pay for any
damages caused by tenant, tenant's family and tenant's guests. Landlord may take the security deposit to pay for
any unpaid rent. After taking out for damages and unpaid rent, landlord agrees to send to tenant any security
deposit money left over. Landlord will send the remaining security deposit money to tenant no later than 30 days
after the lease ends and tenant leaves. Landlord also agrees to send to tenant a written list of damages and
amounts of money taken from the security deposit.
Tenant a~ees to give landlord a written forwarding address when tenant leaves and the lease ends.
Tenant may not use the security deposit as payment of the last month's rent.
6. LANDLORD'S DUTY AT THE START OF THE LEASE:
Landlord agrees to give tenant possession of the leased premises on the starting date of the lease. The lease
will start even if landlord cannot give tenant possession of the leased premises because the prior tenant is still in
the leased prenfises or The leased premises is damaged. IF LANDLORD CANNOT GIVE TENANT
POSSESSION, TENANT DOES NOT HAVE TO PAY RENT UNTIL THE DAY LANDLORD GIVES
POSSESSION OF THE LEASED PREMISES TO TENANT.
7. DAMAGE TO LEASED PREMISES:
Tenant agrees to notify the landlord inm~ediately if the leased premises are damaged by fire or any other
cause. Tenant agrees to notify the landlord if there is any condition in the/eased premises that could damage the
leased premises or harm tenant or others. If tenant cannot live in the whole leased premises becanse it is damaged
or destroyed, tenant may:
1) live in the undamaged part of the leased promises and pay less rent until the leased premises is repaired
OR
2) end the lease and leave the leased premises.
Tenant agrees that if the leased premises is damaged or destroyed and tenant ends the lease, landlord has no
further responsibility to tenant.
8. INSURANCE:
Landlord agrees to have insurance on the building where the leased premises are located. Tenants own
property is not insured by landlord's insurance. Tenant is responsible for tenant's own property that is
located in the leased premises.
Tenant is required to carry his or her own RENTERS INSURANCE to cover his or her own property
located within the home. Landlord is not responsible for tenant's personal property if it becomes damaged by
way of fire, flood, etc.
9. ASSIGNMENTS OR SUBLEASES BY TENANT:
ASSIGNMENT (OR ASSIGN) is the legal term for a transfer of the lease from the tenant to another person.
This other person then becomes the landlord's new tenant and takes over the lease.
Tenant agrees not to transfer (assign) this lease to anyone else without the written permission of the landlord.
A Sublease is a separate lease between the tenant and another person who leases all or a part of the leased premises
from the tenant.
Tenant agrees not to lease (sublease) all or any part of the lease premises to anyone else without the written
consent of landlord. Tenant agrees that if tenant transfers this lease or leases all or a part of the leased premises to
another, tenant has violated this lease.
10. RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE:
Landlord is responsible for all damage to property or injury to people caused by landlord intentional or
negligent acts at the leased premises. Tenant is responsible for all damage to the leased premises and injury to
people caused by tenant, tenanPs family, dogs or guests.
Tenant agrees that landlord's is not responsible to tenant, tenant's family or guests for damage or injury
caused by water, snow or ice that comes on the leased premises unless landlord was negligent.
11. USEOF LEASED PREMISES:
Tenant agrees to use the leased premises only as a residence. Tenant agrees to obey all federal, state and local
laws and regulations when using the leased premises. Tenant agrees not to store any flammable, hazardous, or toxic
chemicals or substances in or around the leased premises.
Tenant agrees not to do any activities in or around the leased promises, which could harm any one or damage
any property.
Tenant agrees that tenant will not allow more than . 4 people to occupy the leased premises without
written permission of landlord.
12. RULES AND REGULATIONS:
Tenant agrees to obey all rules and regulations for the leased premises. If tenant violates any rules or
regulations for the leased premises, tenant violates this lease.
13. LANDLORD'S RIGHT TO MORTGAGE THE LEASED PREMISES (SUBORDINATION):
Subordinate and subordination are legal terms that mean that this lease does not have any effect upon the
rights of the landlord's mortgage company. In other words, tenant's rights under this lease are subordinate to
landlord's mortgage company. If landlord does not make the mortgage payments, the mortgage company may
have the right to end the landlord's ownership of the leased premises. If the mortgage company sells the leased
premises at a mortgage foreclosure sale, the lease my end.
Tenant agrees that landlord has the right to mortgage the leased promises. If landlord has a mortgage on
the leased promises now, or if landlord gets a mortgage in the future, tenant agrees that this lease is subordinate to
the landlord's mortgage.
14. CARE OF LEASE PREMISES:
Tenant is responsible for, and will take good care of, the leased premises and all of the property in and around
the leased premises. Tenant agrees to pay for any damage caused by tenant, tenant's family, dogs and tenant's
guests. Tenant agrees to turn over possession of the leased premises to landlord when the lease ends.
15. LANDLORD'S RIGHT TO ENTER LEASED PREMISES:
Tenant agrees that landlord and landlord's representatives have the right to enter the leased premises at
reasonable times. Landlord and landlord's representatives have the right to inspect, to make repairs, to do
maintenance, and to show the leased premises to others. Landlord will make an appointment 24 hours in advance
unless there is an emergency.
16. UTILITY SERVICES:
Landlord and tenant agree to pay for the charges for utilities and services supplied to the leased premises as
follows:
Charee or Service:
TV Cable/Satellite ...................... Tenant
Electric to Premises .................... Tenant
Refuse Collection ...................... Tenant
Lawn Maintenance ..................... Tenant
Snow and Leaf Removal ............... Tenant
Pest Control Charges ................... Tenant
Wood for Wood-stove ................. Tenant
Water/Sewer ............................ Landlord
Paid By:
Adams Electric (Shippeasburg) 1-888-232-6732
Landlord has the right to turn off temporarily any utility or other service to the leased premises in order to
make repairs or do maintenance.
Tenant is responsible for snow/ice removal.
17. VIOLATIONS OF THIS LEASE:
When Tenant does not do something that they have agreed to do, it is a violation of this lease. If tenant violates
this lease, tenant may lose tenant's security deposit. If tenant violates this lease, landlord also can sue tenant for
other expenses and may sue to evict tenant. If rent falls 30 days past due, landlord can evict immediately and
security deposit will be forfeited,
Each tenant should not sign this lease unless each tenant has read and clearly understands the information in this
section about lease violations.
wXX
THIS IS A JOINT AND SEVERAL LEASE
THIS IS NOT A JOINT AND SEVERAL LEASE
If this is NOT a joint and several lease, then the landlord can only sue one tenant for that tenant's violation of
the lease.
If this is a joint and several lease it means that all the tenants as a group and each of the tenan~ as an individual
are responsible to landlord for all of the agreements of this lease. For Example, if the rent is not paid, landlord can
sue all of the tenants (jointly) for any unpaid rent. OR, landlord can bring a suit against any one tenant separately
(severally) for all of the unpaid rent.
TENANT VIOLATES THIS LEASE IF TENANT:
1) Fails to pay rent or other charges to landlord on time or,
2) Leaves (abandons) the leased prem/ses without the landlord's permission before the end of the lease or,
3) Does not leave the leased premises at the end of the lease or,
4) Does not do all of the things that tenant agreed to do in the lease.
If tenant violates the lease, each tenant agrees to waive NOTICE TO QUIT. This means that the landlord may
file a complaint in court asking for an order evicting each tenant from the leased premises without giving each tenant
NOTICE TO QUIT first. Landlord does not have the right to throw tenant out of the leased premises (self-help
eviction). The landlord can only evict tenant by court action.
The landlord does not have the right to sue in the court for eviction unless a tenant has violated the agreements in
this lease. Even though each tenant is waiving NOTICE TO QUIT, each tenant will have a chance in court to
challenge the landlord's claim for eviction.
If tenant violates the lease agreement, the landlord may sue each tenant in court:
1) To collect overdue rent, late charges and money damages caused by tenant's violation of the
agreements in the lease.
2) To recover possession of the leased premises (eviction).
3) To collect for unpaid rent until the end of the lease or until another person takes possession of the
leased premises as a new tenant.
4) To collect for damages to home by tenant and tenant's dogs.
Tenant agrees that landlord may receive reasonable attorneys fees as part of a court judgment in a lawsuit
against tenant for violation of the agreements of the lease.
18. OTilER AGREEMENTS BETWEEN LANDLORD AND TENANT:
Landlord and tenant agree that Ibe addilional agreements marked wilh a "yes" are purl of this lease
agreement.
YES--- CliECK-IN AND CIIECK,OUT PROCEDURES
Walk4hra of residence will take place upon checking in and ou! of Ihesc premises.
appointment must be made with the landlord for this walk-thru.
All
YES-- RULES AND REGULATONS
Use of home, front and back yard plus swimming pool; tenant respunsible fin' ~naimenance of i~:ufl
in opening and closing, landlord will not be responsible for replacemenl uf liner, pump, filler or vactmm
system for pool if it is damaged or quits working,
YES--- TENANT'S RIGHT TO CONTINUE LEASE
Tenant has the right to continue the lease providing no rules and regulations have been broken
within the years lease and rent has been paid nn t/me.
YES--- PET AGREEMENT
Outside pet is permitted (dog/cat) Inside pet negotiable. (2 does maoroved)
Tenant is responsible for any dama~ caused by the pet, may nol
neighbors property.
YE.'¢-.- SINGLE FAMILY RESIDENCE AGREEMENT
Tenant's family only will reside in the home (4 occupants).
YES--. OTIIER:
If woodstove is used, tenant is responsible to purchase wood supplylcleaning of pipes and
chimney and is responsible for safety of using the woodstove. Any damages caused by thc wt~dstove will
be at the tenant's expense. Damages to yard when bringing in wood will be at the lenanl's expense to
repair.
The tenant has m) authority Io make any allcrations to the premises or to incur any dept or make
any charge against the landlord or create any lien upon the leased property for any work done or materials
furnished without the express consent of the landlord in writing.
All reoairs $50.00 or less will be at the tenant's exoense; exceot the followine:
The tenant shall promptly repair at his own expense any damage to the properly which may ~:cur
by reason of his own negligence or the negligence of any member of his family, dogs, invilees and guests
but shall not be responsible lbr ordinary wear and lear.
19. TERMINATION BY DEATII:
If the landlord or tenant, husband or wife, should die during the term of Ibis lease the surviving spouse of the
deceased or the Executor or Administrator of the deceased truly terminate this lease by giving at least I month's
writlen notice, tf both tenants d/e, the lease will be governed by thc tenants chi/dian.
20, TERMINATION BECAUSE OF DEFAULT:
After occupancy under this lease has begun if either party fails to comply timely with any of the terms of this
lease and such default continues without reasonable justification for 1 month after notice to cure the default, except
that only a 5-day notice shall be required if the defanit consists of a failure to pay rent when due, then 1 month after
notice, or 5 days in the case of rant, the injured party shall have the option of declaring this lease terminated and
shall be entitled to inunediately vacate the premises, or have immediate possession thereof as the case might be,
without forfeiting whatever further right the injured party may have to damages for breach of the lease, Notice
provided for in this paragraph shall begin to run on the date delivered in all cases and without exception.
21. USE, QUIET ENJOYMENT AND LOCAL LAWS:
The tenant shall keep the driveway, sidewalks adjacent to the premises clear of filth, refuse and obstructions;
the steps and sidewalks free from ice and snow; and will use the premises in compliance with all laws and
ordinances applicable thereto and in a manner which will not increase the fire insurance rate applicable thereto. The
landlord covenants that the tenant, on paying the rent and complying with the terms of this lease, shall peaceably
and quietly have, hold and enjoy the promises for the term of the lease.
22. PERSONAL PROPERTY LEFT IN PREMISES:
Window A/C, Electric Range and Refrigerator, Electric Hot Water Heater, Wood-stove
(will not replace A/C or woodstove if they stop functioning)
BY SIGNING THIS LEASE AGREEMENT, EACH TENANT AGREES THAT THE TENANT HAS READ
AND UNDERSTANDS ALL OF THE AGREEMENTS IN THIS LEASE.
DATE SIGNED BY LANDLORD(S): ..~//--~ .2~0~ / LAN0/~ORD(S) SIGNA~I~RE:
DATE SIGNED BY TENANT(S): ~A~ )~/~d~/
TENANT(S) SIGNA~RE: ~ ~"
EXHIBIT "C"
01 April 20O4
Notice of Termination of Lease
To Mike and Kim, Lessee of the property at 326 Doubling Gap Rd, Newville, PA 17241:
Take notice that pursuant to the end of your current lease under which you hold possession of
the hereinafter described premised, we have elected not to renew your lease. The property has been
sold effective the end of your lease O0 September 2004) and needs to be vacated by this date. You
are responsible for the rent thru 30 September 2004 unless other arrangements are made with us to
vacate earlier. You are responsible for all damages beyond fair wear and tear of the property
(inside and out).
At the time of release fi.om the property you wilt need to make an appointment for a walk
thru of the property. The house must be cleaned and ready for turn over to us at the time of
inspection. The outside of the property must be cleaned up and lawn must be mowed. All trash
burnings behind the house must be removed and all damages to the lawn must be repaired.
A forwarding address for the purpose of returning your security deposit must be provided to
us. Failure to provide a forwarding address will result in the forfeit oftbe security deposit.
If planning on vacating before the end of the lease, we need a 30 day notice to make
arrangements with the new owners.
Gerald and Evelyn Varner
Owners
717-776-3833
EXHIBIT "D"
Upon entering the house today, 31 May 2004, we were devastated. The following damages
have been recorded with photos and video and are your responsibility to pay for:
Outside Area:
1. Burning pile was still burning with all kinds of trash that needs to be hauled away including
springs from furniture that you burnt before you left and trash you piled up there over the 4
years that you lived there. There will be a charge for hauling this pile of trash away.
2. Grass was not mowed property, no trimming was done, no weeds were pulled.
3, Beer cans were thrown in the shrubs.
4. Old picnic table left in back yard with beer cans and glasses sitting on it.
5. Swimming pool not cleaned up around, ladder was not replaced when you broke it last
summer.
6. Swing set swings were not replaced that your children broke.
7. Side walks written over with chalk.
8. Dog had been tied outside to the tree (which was In the lease as a no go), and ruined the trunk
of the tree.
9. Grass in front yard has been killed from your dogs urinating there every time they were put
outside.
10. Toys left laying under shrubs, broken ball stuck up in tree.
11. Garbage piled at end of driveway that if the garbage man doesn't take you will be charged to
have It removed also.
12. Tarp laying In I~ack yard.
INSIDE THE HOUSE (upstairs):
Entrance door completely ruined from dogs urinating on it and scratching it to get in or out.
2. Hard wood floor inside front door is completely ruined from your dogs urinating on it and the
whole house reaps of dog urine and dog hairs.
3. Nothing was cleaned in the house, walls, ceilings, woodwork, doors, cupboards, ceiling lights,
fans, refrigerator, range, etc. The wooden walls and doors were filthy with grease/smoke and
dog urine where they urinated against them. All walls, ceilings and woodwork must be cleaned
and wiped down from smoke and dirt. An estimate for cleaning the house is being obtained as I
write this letter.
4. A 3°x3' sq area of carpet and padding was ripped up by either your dogs or I)y your neglect In
the living room area, also a 3'x$' sq area of carpet and padding was torn up In the hallway by the
bathroom door. {Caroet and r)addlnq must be ret)laced) When the carpet and padding was
removed the entire floors along with the carpet and padding were damaged severely with urine
spots some still wet beneath.
5. Water from bathroom leaked down thru the floor and damaged the ceiling In the family room at
the spot where the carpet was torn up and this was pure neglect on your part.
6. Range which was new when you took possession of the house was completely destroyed, oven
door broken, top of range and oven burnt black even though the stove was a self cleaning stove
the cleaning procedures were never used. (Range has to be replaced) When range was moved
from the wall the filth behind the range was disgusting.
7. Kitchen sink stoppers are missing and the frame to the back door in the kitchen Is completely
destroyed from your dogs clawing at the woodwork trying to get outside. Garbage was left sitting
on counters in kitchen. Kitchen tile floor has three holes cut In it. Refrigerator was filthy inside
and outside and behind with paper towels stuck up inside the back of the refrigerator which could
of caused a fire.
8. NEW back screen glass door was being held shut with a concrete block which you were given
the lock mechanisms last summer to install which was never done, again neglect on your part.
9. Bathroom was disgusting. The commode looked like it had never been cleaned and the bath
tub is so black it will never become white again. The white wall paper is now yellow and filthy.
The wooden linen closet that you tore down right after you moved In by hanging on It and we
fixed It, is now completely gone with the back side of the cupboard still nailed to the wall. The
sink and commode have to be replaced due to filth that will never come clean. The heat register
also is damaged in the bathroom from excess water damage.
10. Heating registers have dog urine all over them in living room.
11. All window blinds and window treatments must be replaced due to never being cleaned.
12. Dogs chewed the entire length of the drywall along the stair steps to the basement family
room.
13. Carpet on stair steps to basement bottom step completely destroyed by your dogs.
14. Bedroom carpets were filthy and the bedroom carpet across from the bathroom has two areas
damaged that can't be repaired. The walls have nails all over them and the back small bedroom
has gouges in the wall with holes in the drywall that looks like someone hit the wall with a
hammer. The back small bedroom has the door knob broken offand the small bedroom beside
the bathroom has the closet door broken. Also, the new curtains that were purchased and on the
windows when you moved in are missing.
15. The hallway wood plank boards and the entrance doors to all bedrooms and bathroom are
damaged with gouges and stickers which is not normal wear and tear.
16. Whole house must be fumigated for fleas and odors.
17. House CAN NOT be occupied by the new owners due to the condition you left the property in
for health and welfare state regulations, therefore we are holding you liable for each day until the
house is brought up to living standards. If we loose the sale of the home do to the condition you
have left It, you will also be held responsible.
INSIDE THE HOUSE (downstairs):
1. Basement floor has dog vomit and dog feces dried all over the brick family room floor which
will have to be physically scrubbed by hand to get it off.
2. New windows that were Installed last summer have so much dirt In them they won't lock.
3, The wood room was never cleaned out.
4. Wood stove was never cleaned out and the handle to the wood stove is missing, The chimney
was not cleaned.
$. Electricity is not working on the laundry room side of the basement.
OTHER CHARGES NOT STATED ABOVE:
1. Mowed grass three times due to your neglect to mow: 4/8/2000, 412912000 and 611612003.
2. Dog tied to tree ruined trunk of tree.
3. Dog tied out in front of the house and killed grass, needs re-seeded.
4. Hole that was dug In the front of the Video Store this winter when KIm's car was sunk Into the
axle.
5. Hole in the front yard from a guest's car that was pulled into the yard and sunk into the axle
which there was a note left on the vehicle that the damages were to be repaired.
6. Gouges in the back yard over septic system where your truck delivering wood cut into the yard
and left ruts which you were also told at the time had to be repaired..
The lease stated that you were responsible for all damages other than fair wear and tear which
were made by you, your dog(s) or your guests. The lease also stated that the dogs were not to be
tied outside or left run loose which was never obeyed and you were warned about It several times.
We fill that everything we have identified above was done intentionally or by negligence on your
part by you, your dogs or your guest.
Your security deposit of $725 will NOT be returned to you and you will be responsible for the
remaining damages. You have 7 days from the day this letter is picked up to contact us for a
settlement price for damages or we will have no choice but to contact our Attorney and sue you
for all damages not covered by your security deposit plus court cost and attorney fees.
Gerald and Evelyn Yarner
Owners of Property listed above
CF: District Justice
Attorney
Enclosures:
Copy of Lease you signed
Copy of Termination letter
Copy of a few of the pictures
item 4 If Restricted Delivery is de~ired. X ~'~/~.~// /~_/////.~ /,x,~-lD Addressee
ur name and add,ss on the reverse ~
Pdnt yo . ~~' ~. Oate of ~Jive~
so that we can re~um the card m you... , ~'~ //I -',--'-~' ~ ~/'
A~ach this card to the back of the medipren, ~/ ~ ~ ~ ~
or on the front if spece.permit~. - ' D. ~s delive~ addr~dlfferent fm~item 1 ? ~ Yes
if YES, enter deJive~ address below: ~ No
3. SerVice Type
{.j~Certifled Mall i"1 EXpress Mall
~~ Registered [] Retern Rece)p~ for ~erchandiee
/[] insured Mall i-I C.O,D.
p. Restricted Delivery? (Extra Fee) ~ Yes
2, Article Number
(Transfer from se~lce label) ,
PS Form 3811, August 2001
7002 2030 0003
Domestic Return Receipt
7923 33t5
2ACPRI-O3-P-4081
IFirst-Class Mall
Postage & Fees Paid
USPS
Pe~TnJt No, G-10
· Sender: Please print your name address, and ZIP+4 in this box ·
EXHIBIT"E-
Gerald and Evelyn Vamer
407 Roxbury Rd
Newville, PA 17241
717-776-3833
June 18, 2004
Michael and Kim McCleary
11018 Morgan Drive
Shippensburg, PA 17257
This is the final list of damages and repairs along with cost that we are required to furnish
you according to Pennsylvania Tenant and Landlord Laws within 30 days of you terminating
your lease and vacating the premises at 326 Doubling Gap Rd, Newville, PA. 17241
NOTE: This house was Never Rented Before, this was our home and was in very good
condition when you moved in.
As your lease stated you were responsible for all damages beyond fair wear and tear of our
property caused by you, your dogs and your guest. You also were responsible for repairing any
Deficiencies inside and outside the home with a cost of $50.00 or less, all deficiencies by fair wear
and tear above the cost of $50.00 were to be brought to our attention so we could correct the problem.
You also were given a notice on how the condition of the property had to be at the time of the walk
thru that you were to schedule with us before leaving, which was not done even though Gerald was at
the house the day you were moving out and told Michael that we had to do a walk thru before you could
turn the keys back to us.
During your lease the only problems reported to us are as follows: broken outside water faucet
that was broken offby Michael, (we repaired it at our cost); oak cabinet pulled down from the wall in
the bathroom that again was Michael's fault for hanging on it as we were told by Klm, (again repaired
at our expense); cable company drilling holes across the front of our house to install cable tv mining the
aluminum siding which we had to replace to cover up damages that couldn't be repaired; water heater ha{
to be replaced on Labor Day due to going out at our expense; electrical problem within kitchen area whic
a breaker had to be replaced, again we repaired at our expense; pool pump was not working which we als
replaced and a call of when our we going to plow the snow from your driveway (March 2004), even thou
your lease stated that you were responsible for snow and ice removal. Also we did receive a note from
Michael telling us that we couldn't use his hose/water (in which was used to put out a fire) again. Other
than the items mentioned above you never reported any other damages or repairs that needed attention.
The followinR damages and cost due to your negligence are in the amount of:
$8902.88 Cost of Repairs or replacements
+450.00 (9 days 650.00 day to put up new tenants, family of 6 in our home)
9352.88
+225.00 mowing grass 3 times during your lease for failure to mow
9577.88
-739.50 security deposit plus interest at 2% for 2 yrs 8 months minus 1% admin fee
$8838.38 Total cost of damages and repairs you owe
We are willing to settle this matter with full payment before midnight 30 June 2004. After this da
we will be turning this matter over to our Attorney to handle it collecting the full amount plus his fees an
filling costs. After this date you will need to be talking to our attorney, Mr. Ron Turo, Turo's Law Offic
in Carlisle.
Copies of all estimates/damages are enclosed in this letter as required by law.
Gerald and Evelyn Vamer
Enclosures
Estimate for reoairs include the following damages found after tenants
iust left the keys on the counter; all damages are considered as neglect and beyond fair wear and
property. Tenant was responsible for fixing anythin~ that was broken or damaged while livin~ th~
of their default.
Removal of 65 sq yards of carpet and padding and disposal of due to torn up and urine stained
Replace new range, Installation charge for installing new range/hook up, burnt beyond cleaning and oven door broken
Replace two sink stoppers that were missing from kitchen sink
Install new door handles on kitchen cnpboard, bent off and hanging
Install new bathroom vanity/commode/oak wall cabinet, damaged beyond cleaning w/cabinet missing
Remove wallpaper and replace w/new in bathroom and small bedroom, torn, written on and dirW beyond cleaning
Remove electric wall heater units tn bathroom and living room and replace with new, ruined by dog urine and
excess water damage
Remove and replace three bedroom doors that are split and will not close from being kicked open when locked
Replace three bedroom and one closet door knobs/accessories that were broken and hanging from doors
Remove and install new bathroom tile flooring, beyond cleaning, smell and yellowing from urine
Repair sliding closet door ia small bedroom
Remove and replace door jams in front and back doors from being damaged by dogs clawing at doors
Sand and re-stain all wood paneling, scratching and damages beyond normal wear and tear
Repair and re-stain front door from dog scratches
Clean wood stove/pipes and chimney
Replace window blinds in (6) windows, were new when you moved in and due to grease/dirt/dog hairs beyond cleaning
Replace 2 screens in basement windows, were pushed out of the windows and damaged
Remove and replace kitchen linoleum due to 3 holes cut in floor, floor not worn just torn
Remove and replace bard wood flooring inside front door due to dog urine stains and scratches
Replace ceiling fan in basement doe to be being torn apart and not working
Repair basement white ceiling from water leaking down thru from upstairs
Remove and replace banister due to broken pedestals within railing going up steps that were scotch taped back togeth~
must replace the entire section in order to get it to match
Mow/trim/weed/gather up trash throughout the entire yard surrounding the home and pool areas
Fill in holes in front yard from a guest swamping in it a few months ago and the yard of old Video Store where Kim's
car was tight this past winter due to not shoveling snow in driveway
Re-seed grass where it has been killed due to dogs being tied out there and urinating on it constantly killing the grass
Removal of two truck loads of trash left burning in back yard and old wooden picnic table left in yard
Replace pool liner that you stuck something thru thc liner and then duck taped it together and filled with a small
amount of water which was dirty so we wouldn't see it
Refill the pool with water once liner is replaced
Replace inside pool ladder that is missing from the pool
Damages to New Tenant who could not move into the property for 9 days after their move in date due to the condition
property was left
Replace two swings that were missing from the swing set
Repair plaster down basement steps that your dogs chewed off
Page 2
Kathy Foster Cleaning Services
1085 Grahams Wood Rd
Newville, PA 17241
717-243-4944
Gerald and Evelyn Varner
407 Roxbury Rd
Newville, PA 17241
Statement of Charges for Cleaning 326 Doubling Gap Rd, Newville, PA.:
Clearfing include the following (inside of house only):
Whole house was scrubbed down with disinfectant (grease/dirt/dog urine and vomit) on
ceilings, walls, floors, cupboards, woodwork, windows, cur~Jn rods, light fixtures,
banls~ers, ceiling fans, counter tops, wood work, doors/screen doors, bdek floor in
basement really needed scrubbed due' to dog urine and dog vomit, laundry room.
Carpets in the three bedrooms were cleaned and shampooed (very, very dirty) carpet did
not come clean
Wiped down wall paper in small bedroom, but writing.on wall will not come off.
Walls in 2 small bedroom was wiped down, but walls have dent marks over them
Cleaned refrigerator (very dirty)
Cleaned bathtub, can't get yellow stain out of it
Cleaned wood stove inside and outside
*****Recommend home be fumigated due to the smell of the home and flees since I
cleaned it.
Total of 40 hours worked on the horn9 plus cleaning su0olies that [ used
$550.00
Total Cost of Cleaning
6/7/2004
$1orc 7{7)
GUYER POOLS CO.
Pools · Sales * Service
495 C~mt~'tie Rd
l{ewville, Pa
ESTIMATE TO RE-RU. POOL 2gX4~"
Truck hauls ~ gallon per kmad ~ $95.00 {oad plus milealle ~.50 pe~ mile from Catisie,
PA,
Viii{ need 3 loads - 13ilS.00 + 27 mite ~$1,50 = $4l{.~ = ~25.50 Total
Helshman Water Se~ce
405 C.ltm, illo Rd
Newvtlle, Pa 17241
717.776-4001
ESTIMATE TO RE-FILL POOL 24'X48"
Truck hauls 4000 gallon per load ~ $95.00 load plus mileage @1.50 per mile from Carlisle,
PA,
Will need 3 loads = $285.00 + 27 mile ~$1.50 = $40.50 = $325.50 Total
Call the day you are instafling the new liner to make arrangement for next day deliver/.
Thank you for your business.
6~RLISLE, P~
(717)258-7700
-SALE-
SRLE$ a: $1?$OTN~ 13 06-~5-04
9~IRG SER[-PLR¥ST 28.92~
2 a 14.46
SUOTOTRL: 28.92
fOX 38550: 1.74
INVOICE 20710 TOTAL: 30.55
6aLRNCE DUE: 30,66
VZSR XXXXXXXXXXXXS037 041966
30.65
l?lO TERmINaL: 20 06/1§704 11:39:47
YOU EUELYN L ORRNER
FOR SHeRPIN8 LO~E'S
RECEIPT REQUIRE~ FOR CRSU REFUNO.
$ ,lu~ i ~oc, ulpt
Description
7 7~- 3.~ o 7
Check No, Payment Method
Qty Rste
Project
Amount
1'7,16,58
2a ,/O. o o
,Sales Tax (6.0%)
Repairs Needed:
Remove and replace (2) 30x80 exterior wooden door jams, stain/paint
Refinish pine grooved wood paneling, 352 sq ft (hallway)
Removal and replace bathroom vanity, oak wall cabinet, commode, 3' electric
baseboard heater, wallpaper (192 sq fi) and tile flooring (48 sq fi)
Repair (2) Electrical Sockets hanging fi.om wall in dining area
Remove and replace ceiling fan in basement, 52" w/light
,~Remove and replace wallpaper in small bedroom (392 sq fD
Remove and replace 8' baseboard wall heater in living room
Remove and replace hardwood flooring inside front door, 24 sq fl
Remove and replace linoleum in kitchen, 120 sq ft
Removal of old carpeting/padding and disposal of
Remove and replace 6 damaged window blinds
Repair plaster along banister, chewed off by dogs
~xReplace 2 basement window screens
Remove and replace (3) bedroom doors including hardware and stain
Repair basement ceiling, water damage fi.om water leaking upstairs, 24 sq ft
Remove and replace 8' section of Banister Railing w/spindles and post, stain
Repair lock on front screen door
~Sand and paint basement door, scratched by dogs
Remove and install new electric range
.~ Replace 2 sink stoppers in kitchen sink, missing
Estimated Supplies Needed for Repairs:
Sandpaper/brushes $ 25.00
Wood Stain, 8 quarts 87.99 ea $ 63.92
Wood Stain Sealer, 8 quarts 87.99 ea $ 63.92
(2) 30x80 door jams $100.00
~t Bathroom Vanity $150.00
Round Commode $ 99.00
192 Sq ff Tile flooring 83.97 sf $ 39.70
for floo n , I gallon 15.00
3 f~ Electric Wall Heater $ 25.89
8 fi Electric Wall Heater $ 69.04
_' Oak Wall Cabinet (2 doors) $ 79.00
[(3) 30x80 Bedroom doors ~26.00 ea $ 78.00
(3) Bedroom Door Knobs $ 32.98
Wallpaper, 5 double rolls $ 50.00
Plaster Repair, 3 gallon $ 20.00
Linoleum, 120 sq f~ $139.95
Glue for Linoleum, 1 gallon $ 15.00
Brown exterior enamel, 1 gall0n $ 19.97
(1) 8 ft section of wood banister w/post $ 77.00
Hardwood flooring 24 sq ft $ 95.28
Glue for flooring, 1 gallon $ 15.00
Ceiling Fan, 52" w/light $ 59.95 ·
(2) Window Screens $ 25.98
Electric Range $289.00
(2) Sink Stoppers $ 6.00
(6) Window blinds, 36"x64"812.00ea $ 72.00
$1726.58
Total Supply Cost
Date ~ .:~
Address
Re Account
g. No~ . Clerk [ Forward
~0
14
Y~r Accmnt Stated to Date -- If Error ~ F~nd Return at Once
Wefts Lawn Care
60 Meadowbrook rd.
Carlisle, PA 17013
24%3O89
k¥'ork done
Trimmed busl~es
$20 O0 ~m hr.
$60,00
Mo~ in~'weeding/rcseedin~ grass spots'
Brtlsh hour2 at $55.{ 0 afl hr
Remove garbage and debris
$45,00 an hr
Clean C,l~inme>
] 7 }lot~rs
S280.00
$165.00
$135 O(
$640() )
item
~.. '., "'" ~.~ ~5~'~'~ '
, ~~-~.,.....:,,.~..~.,..~:i.,~.;i%,;:~..:...
' ' ' ~' ~.;R~m Re~lpt for Memhandi~e
!~;~l~:~r~ ......... ~S--~'~n 0004 5769 6071
, ;;~ ~uu~ ~,~.-,~ , ,
':~ .PS"¢or~ 3811,"~8~ ~oo4 . .' .po~¢~.'~,toF, ~i¢'
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. {}4904 relating to unswom falsification to authorities.
Date
Date
G~rald E. Yarner, Sr. ~
GElcomD E. V~,a(N~.R, SR. and
EVEKTB U,VARNI~2
t'iainziffs
NO, tN-3810 CIVIL TERM 04-203:
CON~S NOW deibndams i¥~wltw~E,b ivictbEw~y and K2M McCLEAf~Y
:EL Mo(SL~AR~
LEARY ~
/ 3~,om To.al~ subscrit-~ heibrc me mis
~ ZUUq
Day ol
NOTARIAL SEAL
CLAUDIA A BREWBAK~R, NOTARY PUBLIC
Ca lisle Boro Cumberland County
My CornrnL~sion E×L~ires April 4, 2005
We, Micl~el ~]~ccleary
Da,, of ~).~f)7~ '
PROOF OF SERVICE
and Klm Clearv, herewith ce~tify we have this /. ~/97Z
,2004, served a true and correct copy of this..~,~t_~.documcnt
on attorney Ron Turo ,Esquire.
Klm Mc~lear,~ ~
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-03810 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
VARNER GERALD E SR ET AL
VS
MCCLEARY MICHAEL
R. Thomas Kline
duly sworn according to law, says, that he made
and inquiry for the within named DEFENDANT
MCCLEARY MICHAEL
but was unable to locate Him in his bailiwick.
deputized the sheriff of FRANKLIN County,
serve the within COMPLAINT & NOTICE
Sheriff or Deputy Sheriff
a diligent
, to wit:
who being
search and
He therefore
Pennsylvania, to
On August 27th , 2004
attached return from FRANKLIN
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Franklin Co 55.80
.00
92.80
08/27/2004
JAMES ROBINSON
Sworn and subscribed to before me
this /~.~ day of ~~,_~
~2~0~ A.D.
~ / Prothonotary ~
this office was in receipt of the
So answers :~-~ .~ ./
R. Thomas Kline
Sheriff of Cumberland County
SHERIFF'S RETURN
CASE NO: 2004-03810 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
VARNER GEP~ALD ESR ET AL
VS
MCCLEARY MICHAEL
- OUT OF COUNTY
Thomas Kline
duly sworn according to law, says, that he made
and inquiry for the within named DEFENDANT
MCCLEARY KIM
but was unable to locate Her in his bailiwick.
deputized the sheriff of FRANKLIN County,
serve the within COMPLAINT & NOTICE
Sheriff or Deputy Sheriff who being
a diligent search and
to wit:
He therefore
Pennsylvania, to
On August 27th , 2004
attached return from FRANKLIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
08/27/2004
JAMES ROBINSON
Sworn and subscribed to before me
this /~ day of .~,~,~, .
/ ~ Prothonotary '
this office was in receipt of the
So answers: .... -i~'? ~ ~'if
Sheriff of Cumberland County
In The Court of Common Pleas of Cumberland County, Pennsylvania
Gerald E. Varner Sr. et al
VS.
Michael McCleary et al
SERVE: Michael McCleary No. 04-3810 civil
]NOW, Au~st 6, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Franklin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now, ~-P /6 ,20 tX, at
within ~
at
by handing to ~
and made known to
/:-~' o'clock fi, M. servedthe
copy of the original
the contents thereof.
So answers,
Sheriffof ~ County, PA
COSTS
SERVICE
MILEAGE
AFFIDAVIT
Charabersbtu'g Boro, Franklin Counly
In The Court of Common Pleas of Cumberland County, Pennsylvania
Gerald E. Yarner Sr. et al
VS.
Michael McCleary et al
04-3810 civil
SERVE: Kim McCleary No.
NOW, August 6, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Franklin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
~c.~-~. ,~,
Sheriff of Cumberland County, PA
Affidavit of Service
Now, /~-'P /~ ,20'P,at /.'2~o'clock ~- M. servedthe
at -//0[~--~~
by h~ding to
a ~ copy of~e ori~nal
and made ~own to
the contents thereof.
So answers,
Sheriff of '~
County? PA
Sworn and subscribed before
methis ;1_~ dayOf,(.t~.. ,?._~:
COSTS
SERVICE
MILEAGE
AFFIDAVIT
Gerald Yarner ,SR. and
Evelyn 1. Yarner
Plaintiffs
In The court of Common Pleas
Cumberland County ,
Pennsylvania
Michael McCleary and
Kim McCleary
Defendants
No. 04-3810
DEFENDANTS RESPONSE TO PLAINTiV~i;SCOMPLAiNTS
Gerald Varner, SR. and
Evelyn L Varner
Pennsylvania
Plaintiffs
In The Court of Common
Pleas of
Cumberland County,
Michael McCleary and
Kim McCleary
Defendants
No. 04-3810
Civil Term 04-203
AND NOW ,comes Michael McCleary And KJim McCleary,
Defendants in the above set out and numbered matter, who depose
and say in Response:
1. Admitted
2. Admitted
3.Admitted
RESPONSE TO COMPLA~INT
4. Admitted
5. Admitted
6. Admitted
7. Admitted
8. Admitted
9. Admitted
10. Admitted
11. Admitted
12. Admitted
13. Admitted
DEFENDENTS RESPONSE TO COUNT #1
14. Admitted
15. Denied - No prior Notice was ever given, verbally or written that
land/ord intended to mow the lawn or that tenants were in neglect.
16. Denied - Defendants are unaware of any damages to swing set pool or
yard, beyond normal wear and tear and that imposed in part by
plaimiffs own grandchildren, during defendants lease terms.
17. Admitted in part, denied in part.
PlaintiffLetter, ( Admitted ), is so Replete with Frivolous and
generally untenable specifics , ( denied ) accompanied by unqualified
photography, That only a trial by jury may conclude the facts of the
matter.
18.Admitted.
19. Denied. - Defendants have insufficient lcnowledge to respond
20. Denied. - To be determined by trial
21. Denied. - To be determined by trial
22. Admitted in part, Denied in Part. Plaintiffs letter written and received
( Admitted ) ,is replete with unfounded allegations, ( Denied ) and
estimate ( Denied ), of damages in totality, which if believed portray
total deliberate abuse and neglect by defendants.
23. Admitted.
24. Admitted.
25. Insufficiem knowledge of the matter to respond.
26. Denied. To be determined by jury trial
27. Denied. To be determined by jury trial
28. Denied. To be determined by jury trial
STATEMENT:
Plaintiffs Gerald and Evelyn Vamer have filed a untenable su/t in equity
for alleged damages caused solely by defendants, knowingly omitting
participation in destruct/on of property ,( If any ), by themselves, their
offspring and grand children, who invaded the home and premises of the
McCleary;s on a daily basis. Omitting the presence of goats living inside
the house when occupied by the Vamers, creating a urine and faeces
stench in carpets and wooden flooring so protbund, the mcCleary's had to
live with it all during their tenure at the Varner home, In spite of vigorous
scrubbings and airings to be rid of it. Varner's children drove 4x 4 's over
the McCleary's lawn , Used their backyard facilities, swing set, pool
etc., At their Liberty, while continually depriving the McCleary's of their
privacy in at will entry into their home, Via the rear entrance, To use
their bathroom and invading other parts of their home.
Defendant's reject the portrayal by plaintiffs of a immaculately
kept and perfectly functioning home being let to them by plaintiffs, and
will provide otherwise proof of the tree state of the premises in question at
time of trial. Defendants will also prove Mr. Gerald Varner was an almost
daily visitor to the Defendants home both inside and outside the premises
in question, and at no time made complaint or raised an issue.
CONCLUSION:
Whereas, for the matters stated above and others in just opposition to the
plaintiffs allegation, too numerous to be stated[, defendants move this
honorable court for determination of these matters by jury trial.
The which they will ever Pray.
L McCLEAR~
McCLE~RY (J '
Sworn to and subscribed before me ~this
September, 2004.
NOTARIAL SEAL
CLAUDIA A. BREWBAKER, NOTARY PUBLIC
Carlisle Boro, Cumberland County
My Commission Expires April 4, 2005
NOTARY
CERTIFICATE OF SERVICE:
Defendants herewith certify a true and correct copy of the foregoing has
been delivered by hand to
Ron Turo, Esquiro
28 S. Pitt St.
Carlisle, Pa. 17013
This [ ~ ~.day of September
,2004
~ERALD E. VARNER, SR. and
EVELYN I. VARNER,
Plaintiffs
· IN TH,E, COURT OF COMM
CUMBERLAND C o.N PLEAS OF
OUNTY, PENNSYLVANIA
VlICHAEL MCCLEARy and :NO. 04-3810 CIVIL TERM
KlM McCLEARY, ·
Defendants
PETITION FOR APPOINTMENT__QOF AR ,BITRA TOR~
FO THE HONORABLE, THE JUDGES OF SAID COURT:
that: Ron Turo, Esquire, counsel for the Plaintiff in the above action, respectfully represents
1. The above-captioned action is (or actions are) at issue·
2. The c/aim of the PlainfJff in the actiion is $8,838.38.
The counterclaim of the Defendant in the action is $0.00.
The following attorneys are interested in the case as coUnsel or are othem4se
disqualified to sit as arbitrators:
Robert j. Mulderig, Esquire Galen R. Waltz, Esquire James M. Robinson, Esquire
James G. Gault, Esquire Nancy A. Prescott, Esquire
WHEREFORE, YOUR Petitioner prays this Honorable Court to appoint three (3)
arbitrators to whom the case Shall be Submitted.
O_RDE, R QF, Cou~u___RR¥
AND NOW, this
~ ~ day of
foregoing Petition, .(
as Prayed for.
2004, in consideration of the
are apPointed arbitrators the above.captioned
Plaintiff
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. ~ - ~/t~)
Civil Action - Law.
Oath
We do solemnly swear (or affmn) that we will support, obey and defend the Constitution of the United
States and the Constitution ofth/s~e will discharge the duties of our office
with fidelity.
Name (Chaimmn) Name
JOHNSON DUFFIE, ~'~r~ ,~ ~ ·
Law F~ Law F~
P.o.
Ad'ess Ad,ess
Name
Law Firm''~
Address
LEMOYNE, PA 17043- ,~,~/~,~/~ \~% ~ ~.~\~(..~
City, Zip 0109 City, Zip t t ~, ?,~ C/ty, ZitS'
Award
We, the mndersigned arbimators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
Date of Hearing:_
Date of Award:
· Arbitrator, dissents. (Insert name if applicable.)
Notice of Entry of Award
Now, the /'7 day of ~~ .... 20 r~ ~/ , at /: ¥~,__/.M., the above award was
entered upon the docket and notice thereof g-/yen by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal:
Prothonotary
DepuV
IN THE COURT OF COMMON PLEAS OF CIfMBERLAND COUNTY
PENNSYLVANIA
GERALD E. VARNER, SR. AND
EVELYN L VARNER.
PLAINTIFFS
Ve
MICHAEL MCCLEARY AND
KlM MCCLEARY
DEFENDANTS
No . 04-3810 Civil
Civil Action - Law
Defendants Request for Continuance of Arbitrators Hearing:
And Now, comes Michael MacCleary and Kimberly McCleary, defendants in
the above set out matter, who respectfully request this Honorable court for a continuance
of the Arbitration Hearing, Now set for Friday, December 17,2004 at 9:30 A.M. at the
law offices of"Johnson, Duffle, Stewart and Weidner, 3()1 Market, St Lemoyne, Pa ",
for the following reasons ·
Certificate of Service:
We, Defendants, Michael and Klm McCleary, hereby certify we have served copies of
this foregoing matter to:
1. Ron Turn, Esq.
Turo Law offices
28 S. Pitt, St.
Carlisle, Pa 17013, and,
The law offices of Johnson, Duffle, Stewart and Weidner,
301 Market, St. Lemoyne, Pa. By hand
This 1~t day of December, 2004