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HomeMy WebLinkAbout11-5768Commonwealth of Pennsylvania NOTICE OF APPEAL Court of Common Pleas FILID-OFFICLI-* FROM IF THE 0THO OTAF;-V FROM Judicial District DISTRICT JUSTICE JUDGMENT 2011 ! JU 20 AM 11: 13 Common Pleas No. OUMBERL tNPPEAL PENNS?' Notice is given that the appellant has filed in the above ou Common Pleas an appeal from the judgment rendered by the District Justice on the Date and in the case mentioned below. Name of Appellant Mag. UISt. No. or Name or U.J. Kathleen Serafin MDJ-09-3-05 Address of Appellant City State Zip Code 231B West Main Street Mechanicsburg PA 17055 Date of Judgment 07/13/11 1In The Case Of (P&inrz William T. Walker Claim No cv (Defendant) Kathleen Serafin Signature of Appellant or His Attorngy or Agent This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 100813. If appellant was Claimant (see Pa.R.C.P.J.P. This Notice of Appeal, when received by the District Justice, will operate as No. 1001(6) in action before District Justice, he a SUPERSEDEAS to the udgment for posses ion in this case. MUST FILE A COMPLAINT within twenty (20) n Cyyf_ - - _ _ days after tiling his NOTICE OF APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of the form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.J.P. No. 1001(7) in the action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon William T. Walker appellee(s) to file a complaint in this appeal Name o Appellee(s) (Common Pleas No. f /,S?&0 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. " a L?& LAM4-44, ignature of Appellant or HI Attorney or Agent RULE: To William T. Walker , appellee(s) Name o ppe ee s (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of-service 4of this rule, if service was by mail, is the date of mailing. Date., 20 Signat r of Prothonotary or Deputy Court File / Court Proof of Service / Appellant's Copy / Appellee's Copy / District Justice COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 717-766-4575 Kathleen Serafin 231 B W Main St Mechanicsburg, PA 17055 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Kathleen Serafin Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. William T Walker Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. ............ _...__ .... ..... _......... Disposition Summary Docket No Plaintiff Defendant MJ-09305-CV-0000224-2011 Kathleen Serafin WilliamTWalker MJ-09305-LT-0000067-2011 WilliamTWalker Kathleen Serafin Judgment Summary Joint/Several Liability Individual Liability Participant Kathleen Serafin $0.00 $1,886.00 Judgment Detail ("Post Judgment) William T Walker V. Kathleen Serafin Docket No: MJ-09305-LT-0000067-2011 Case Filed: 6/24/2011 Yes No No No No No Disposition Judgment for Defendant Judgment for Plaintiff Disposition Date 07/1312011 07/13/2011 Amount $1,886.00 In the matter of William T Walker vs. Kathleen Serafin on 7113/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $750.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $1,000.00 $1,000.00 Costs $0.00 $136.00 $136.00 Attorney Fees $0.00 $750.00 $750.00 Grand Total: $1,6S6.uu Portion of judment for physical damages arising out of residential lease: $0.00 Amount of judgment subject to attachment 42 PA C.S. 8127: $0.00 MDJS 315A Page 1 of 3 Printed: 07/13/2011 2:39:04PM W illiam T Walker V. Kathleen Serafin Docket No.: MJ-09305-LT-0000067-2011 iN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARYICLERK OF COURTS THE ACTUALLY LESSER OF THREE MONTHS RENT OR THE RENT AND OR SECTION 8 TENANTS SHOULD REFER TOPa.R.C P.M.D.J NO. 008 OR 1013 FOR DIFFERENT PROCED RES HOWEVER, REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. j) ?; grin Date copy 7 '4y'. Ada /tMagisterial District Judge Mark Martin Date Magisterial District Judge Mark Martin `` ?NM NIpN? i?d/f ?4?E MDJS 315A Page 2 of 3 Printed: 07/13/2011 2:39:04PM William T Walker Docket No.: MJ-09305-LT-0000067-2011 V. Kathleen Serafin Participant List Private(s) Jennifer B. Hipp, Esq. Law Ofcs of James Bogar 1 W Main St Shiremanstown, PA 17011-6371 Plaintiff(s) William T Walker 170 Brindle Road Mechanicsburg, PA 17050 Defendant(s) Kathleen Serafin 231 B W Main St Mechanicsburg, PA 17055 MDJS 315A Page 3 of 3 Printed: 07/13/2011 2:39:04PM COMMONWEALTH OF PENNSYLVANIA In Forma Pauperis AM vit Petition COUNTY OF CUMBERLAND Vs. i.? act (P g Docket No: ?? - v y C\1 (n Case Filed: Le_L- "7 COW ?- xr- STATEMENT OF THE PETITIONER ta.. C'V l"hereby request that this Court permit me to proceed in forma pauperis (without payment of the filing fee). In support of this I state the following: 17 1. 1 am the defendant in the above matter and because of my financial condition am unable to pay the fee for filing this action. 2. 1 am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costsis true and correct. I-W) ? ?2011? SALARYDRWAGES PER MONTH TYPE OF WORK TYPE OF WORK PERSONS DEPENDENT UPON ME FOR SUPPORT ?OTHER PERSONS NAME RELATIONSHIP 4 1 understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. ZS. I verify that the statements made in this petition are true and correct. I understand that false statements herein made subject to penalties of 18 Pa. C.S. Sec. 4904, relating to unsworn falsificatlion to authorities. . /, //I , Q SPOUSE'S EMPLOYER SALARY OR WAGES PER MONTH PROPERTY OWNED 17-7 , 0) SECTION S TENANT'S SUPERSEDEAS AFFIDAVIT I, Kathleen Serafin, have filed a notice of appeal from a magisterial district court judgment awarding my landlord possession of real property that I occupy, and I do not have the financial ability to pay the lesser of three (3) times my monthly rent or the actual relit in arrears. My total household income does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending appeal and I have completed an in forma pauperis (IFP) affidavit to verify this. I have paid $76 rent this month. The total amount of monthly rent that I personally pay to the landlord is $' Q?0 . I hereby certify that I am a participant in the Section 8 program and I am not subject to a final (i.e., non=appealable) decision of a court or government agency which terminates my right to receive Section 8 assistance based on my failure to comply with program rules. I verify that the statements made in this affidavit 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. § 4904, relating to unworn falsification to authorities. Date SIGNATURE OF TENANT WILLIAM WALKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KATHLEEN SERAFIN, Defendant NO. 11-5768 CIVIL TERM ORDER OF COURT AND NOW, this 21St day of July, 2011, upon consideration of Defendant's request to file a notice of appeal from a district justice judgment, the Defendant is hereby authorized to file the notice of appeal without payment of the filing fee. v William T. Walker 170 Brindle Road Mechanicsburg, PA 17050 Kathleen Serafin - -?VAS-o" 1 4? r bzj 231B West Main Street Mechanicsburg, PA 17055 :rc 7011i/ ?- a rn c - ,;o r ? -arn < D - C) I r=M r° = CO M -n -* -?. BY THE COURT, PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This Proof of Service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the Notice of appeal. Check applicable boxes) Commonwealth of Pennsylvania County of Cumberland ; ss AFFIDAVIT: I hereby swear or affirm that I served 1 ( V a copy of the Notice f Appeal, Common Pleas No. upon District Justice designnated therein on (date of service) t 20 by persona service ? by ertifie /registered mail, sender's receipt attached he to, and upon the appellee, (name) f cul on ?l 2--2- 20 1 ? by personal service by certified/registered mail, sender's receipt attached hereto. rVand further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed or j ( 2- 20 I ? by personal service by certified/registered mail, sender's receipt attached hereto. SWORN ((AFFIRMED) AND SUBSCRIBED BEFORE ME THIS l D DAY OF 20 L Signatu of Official Before Whom Affidavit was made A/0 ivirtA r o hi i G Title of Official My Commission Expires on m 0' CO CO O r? Ln 13- M O CI O N -I- C:) ,20 I ? ignature offA,ffiiarlt., COMMONWEALTH OF PENNSYLVANIA Cr NOTARIAL SEAL -vim -r STEPHANIE M. RIDER, Notary Pubic ' ?- Camp Hii Bom., Cumberland C Postal CO • CERTIFIED MAIL -C -p -r ,% (Domestic Mail Only; No Insurance Coverage Provided) , ' na °. livery information visit our website at For de ' r a Z Postage $ Certified Fee 112.85 06 MI P a 2 Return Receipt F ee !j H rk (Endorsement Requir(d) Restricted Delivery Fee (Endorsement Required) •? - Total Postage & Fees $ 45• /22/2011 In, k. --- ------ ? Streaf. Apt No:; + ------ or PO Box No.' f 1 S Ciry, Stato, ZIP+a WILLIAM T. WALKER and NANCY A. WALKER, husband and wife Plaintiffs v. KATHLEEN SERAFIN, Defendant IN THE COURT OF COMMON S=O F --+ CUMBERLAND COUNTY, PENN SR6JA?A DOCKET NO. 2011-5768 CIVIL ACTION - LAW F5 CIVIL TERM N O T I C E You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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. Lawyer Referral Service Cumberland County Cumberland County Bar Association 32 Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 By Jen if r B. Hipp, Esquire Pa. I D. No. 86556 Bogar and Hipp Law Offices One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiffs, WILLIAM T. WALKER and NANCY A. WALKER WILLIAM T. WALKER and IN THE COURT OF COMMON PLEAS OF NANCY A. WALKER, CUMBERLAND COUNTY, PENNSYLVANIA husband and wife Plaintiffs V. DOCKET NO. 2011-5768 CIVIL ACTION - LAW KATHLEEN SERAFIN, Defendant CIVIL TERM COMPLAINT William T. Walker and Nancy A. Walker, husband and wife, by and through their attorney, Jennifer B. Hipp, Esquire, respectfully represent as follows: 1. Plaintiffs herein are William T. Walker and Nancy A. Walker, husband and wife, adult individuals, residing at 170 Brindle Road, Mechanicsburg, Pennsylvania 17050. 2. Defendant herein is Kathleen Serafin, an adult individual residing at 231B West Main Street, Mechanicsburg, Pennsylvania 17055. 3. Plaintiffs are the owners of real property known and numbered as 231B West Main Street, Mechanicsburg, Pennsylvania, same being a residential rental property. 4. On August 23, 2010, Plaintiffs, by written Lease Agreement with Defendant, leased to Defendant the residential rental unit located at 231, Unit "B", West Main Street, Mechanicsburg, Pennsylvania for a stated term of one (1) month, automatically renewing on a month-by-month basis thereafter. A copy of the Lease Agreement is attached hereto and incorporated herein as Exhibit "A". 5. Defendant was responsible to pay rent in the monthly amount of $750.00 per month, which included a $100.00 per month pet fee, payable in advance on the first day of each month. See Exhibit "A", Page 1 and Page 3 (Paragraph No. 7C). 6. The Lease provided that the term of the Lease would automatically renew on a month-by-month basis unless written Notice of Intention to Terminate was given by either party not less than thirty (30) days prior to the proposed date of termination. See Exhibit "A", Page 3, Paragraph No. 6. 7. By correspondence dated June 8, 2011, Plaintiffs posted a Notice to Quit at the subject rental unit. A copy of the Notice to Quit is attached hereto and incorporated herein as Exhibit "B„ 8. The Notice to Quit outlined multiple violations of the Lease. See Exhibit "B" 9. The Lease specifies that a late charge of $2.00 per day will be imposed for every day the monthly rental and pet fee is late. See Exhibit "A", Page 1. 10. The Defendant routinely engaged in late payment of the rent and pet fees. 11. The Defendant maintains a turtle in a large aquarium in the residential rental unit. 12. The Defendant did not obtain permission to maintain the turtle as a pet. 13. The Lease Agreement was not amended to grant permission to the Defendant to maintain the turtle as a pet. 14. The Lease Agreement specifies that the turtle must be removed from the rental unit immediately and permanently and that. Defendant shall pay a $100.00 minimum per month per pet fee for each month of the Lease's term. See Exhibit "A", Page 3, Paragraph 7C. 15. Pursuant to the Lease Agreement, Defendant is obligated to remit to Plaintiff the amount of $1,100.00, and continuing to accrue in the amount of $100.00 per month, for maintaining the turtle at the residential rental unit. 16. The Defendant maintains a dog as a pet at the rental unit. 17. The Defendant did not obtain permission to maintain the dog as a pet. 18. The Lease Agreement was not amended to grant permission to the Defendant to maintain the dog as a pet. 19. Pursuant to the Lease Agreement, Defendant is obligated to remit to Plaintiff the amount of $1,100.00, and continuing to accrue in the amount of $100.00 per month, for maintaining the unauthorized pet of a dog at the residential rental unit. 20. The Defendant permitted her dog to urinate and leave feces waste on the deck of the residential rental unit. 21. The Defendant has never provided Plaintiffs with proof that she maintains renter's insurance for the apartment's contents and liability insurance. 22. The Lease Agreement in Paragraph No. 7G requires that the Defendant maintain insurance for the apartment's contents and liability insurance. See Exhibit "A", Page 4, Paragraph 7G. 23. The Defendant has caused multiple damages to the residential rental unit. 24. The Defendant caused extensive damage to the carpet in the residential rental unit. 25. The Defendant broke the Lazy Susan located in the kitchen. 26. The Defendant caused extensive damage to the wooden threshold located between the kitchen and living room. 27. Defendant caused the bathroom curtain rod to become bent and distorted. 28. The entrance screen door to the residential rental unit is broken. 29. High density fiber board located adjacent to the deck is damaged. 30. The Lease Agreement specifies that the Plaintiffs may enter upon the premises at any time for the purpose of making inspections or repairs. See Exhibit "A", Page 5, Paragraph 10. 31. Defendant. refused Plaintiff's inspection of the subject: residential rental unit. 32. The Defendant has failed to consistently pay the $100.00 per month charge for the two cats that she maintains in the residential rental unit. 33. The total amount of unpaid pet fees related to the cats is in the amount of $100.00 and continues to accrue in the amount of $100.00 per month. COUNT I - BREACH OF CONTRACT 34. The averments of Paragraphs 1 through and including 33 hereinabove are incorporated herein by reference thereto. 35. By virtue of the lease contract between Plaintiffs and Defendant, Defendant agreed to pay, in full and in a timely manner, the monthly rental payments of $750.00, and to maintain the rental unit premises in a clean and sanitary condition. See Exhibit "A". 36. Defendant failed to timely remit her monthly rental payments, caused substantial amounts of damage to the rental unit and failed to maintain the premises in a clean and sanitary condition. 37. To date, Defendant, despite proper requests and demand by the Plaintiffs, has not brought her account current. WHEREFORE, Plaintiffs, William T. Walker and Nancy A. Walker, demand judgment against Defendant, Kathleen Serafin, in the amount of $3,050.00, plus interest, together with the cost of this action, attorney's fees and any other relief deemed just and appropriate. COUNT NO. 2 - QUANTUM MERUIT/IMPLIED CONTRACT 38. The averments of Paragraphs 1 through and including 37 hereinabove are incorporated herein by reference thereto. 39. Pursuant to the request made by Defendant, Plaintiffs provided a rental unit to Defendant. 40. The reasonable and necessary rental charges for said services provided as requested by Defendant and the damage to the rental until are in the total amount of $3,050.00. 41. To date, Defendant, despite proper requests and demand by Plaintiffs, has not brought its account current. 42. By reason of Defendant's request for provision of a residential rental unit, Defendant impliedly agreed to pay the reasonable and necessary charges for same pursuant to the terms of the Lease Agreement. WHEREFORE, Plaintiffs, William T. Walker and Nancy A. Walker, demand judgment against Defendant, Kathleen Serafin, in the amount of $3,050.00, plus interest, together with the cost of this action, attorney's fees and any other relief deemed just and appropriate. COUNT NO. 3 - UNJUST ENRICHMENT 43. The averments of Paragraphs 1 through and including 42 hereinabove are incorporated herein by reference thereto. 44. Defendant was leased a clean and sanitary rental unit from Plaintiffs as set forth herein. Plaintiffs fully and adequately provided the residential rental unit to Defendant, all as requested by Defendant. 45. As a direct and proximate result of Defendant's refusal to pay the reasonable monthly rental payments in a timely manner and to maintain the rental unit in a clean and sanitary condition, from which Defendant benefitted, Defendant has been unjustly enriched in the amount of $3,050.00. WHEREFORE, Plaintiffs, William T. Walker and Nancy A. Walker, demand judgment against Defendant, Kathleen Serafin, in the amount of $3,050.00, plus interest, together with the cost of this action, attorney's fees and any other relief deemed just and appropriate. Date: "I2Ctr By: Jennif4 ff. ipp, Esquire Pa. I.D. No. 86556 Bogar and Hipp Law Offices One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiffs, William T. Walker and Nancy A. Walker From:60GAR & HIPP LAW OFFICE 717 737 2086 07/27/2011 15:44 #601 P.011/012 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: William T. Walker WILLIAM T. WALKER and NANCY A. WALKER, husband and wife Plaintiffs v. KATHLEEN SERAFIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2011-5768 CIVIL ACTION - LAW CIVIL TERM CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing COMPLAINT as required by Pa. R.C.P. 237.1 upon the following named individual this day by depositing same in the United States Mail, Certified Mail, Return Receipt Requested, at Shiremanstown, Pennsylvania, addressed as follows: Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011 Date: q ?z , Jennifer B. Hipp, Esquire June 8, 2011 Kathleen Serafin 231B West Main Street Mechanicsburg, PA 17055 NOTICE TO QUIT I'm writing to ask you to be out of Apartment 231B W. Main Street within fifteen (15) days as per Lease dated August 23, 2010 due to our written Lease, Page 6, Paragraph 13 (concerning Breach of Covenants and Conditions of Agreement) and as per the Landlord- Tenant Act. I'm also requesting payment of listed damages as per inspection of your unit. 1. Page 1 violation: Rent is required to be paid by first of each month. You have been, some months, late several weeks. June, 2011 rent was paid,yesterday on the 7a' of the month. 2. Page 3 of Lease has a one-half month penalty for a tenancy of less than one year ($375.00) $375 3. Page 3, Paragraph 7. Rules and Re lotions, Section C You have a turtle in 'a very large aquarium containing a large amount of water. The aquarium is in questionablecondition,'and a floodwould cause extensive damage to your apartment and the apartment below you. You never got my permission for this pet and its liability. Lease states "pet roust be removed from the premises immediately and permanently." 4. Same paragraph states "Tenant agrees to pay One Hundred Dollars ($100.00) minimum per month per pet back to start of Lease for animal odor or potential damage..." 10-month violation @ $100/month $1000 5. We have a hand-written addendum to Lease at bottom of Page 3 where you agree that "Animal waste must be removed daily." For weeks you have stored animal feces in trash cat at top of interior stair well, causing overpowering, lingering feces odor from dog. The feces and urine puddles have been a problem since you got the dog with dog accidents almost daily. 6. Page 5 of Lease, Paragraph 9 Maintenance of Premises "The premises are to be kept in a clean and sanitary condition:.. All porches and decks are to be kept clean." Even today, weeks after misleading me about getting a little puppy, there are urine puddles and urine stains all over our brand new deck. EXHIBIT 6b. Your dog urinates on landing at bottom of steps. Photos show multiple piles of dog feces all over deck behind your second floor apartment. 7. Page 5, Paragraph 10 Inspection We gave you a four-day notice of our intent to inspect your apartment to which you attempted to block inspection and called police with a claim of having an intruder in your apartment. Lease allows Landlord to enter upon premise for the purpose of making inspections. 8. Damages found at inspection: a. Damaged carpet (two years old) $800.00 cost depreciated (badly soiled) $600 b. Lazy Susan cabinet damaged 75 c. Kitchen/living room threshold broken 75 d. Tub curtain rod pulled on, bent, distorted 75 e. Entrance storm door broken 75 As per Lease, Page 4, Paragraph 7 Rules and Regulations, Section "N" states "Damage to any part of the building will be repaired by landlord at Tenant's expense, which will be billed directly to Tenant for immediate payment." Page 3, Paragraph 7 states: "Failure to abide by the following conditions or rules shall be deemed to be a default under this Agreement." You are in default in Item 1 through 8 above. Last paragraph of Lease, you "intent to be legally bound ...by terms and conditions of Lease, which you signed and dated August 25, 2010. Damages as per Lease $2,275 Respectfully submitted, off' ?? Lct? l ' l CT Ia 1 c o,nu? v, 1 /)C -3 M E Lr; ?U w Y " g , Er -0 -a ru - ? LO ru O O 0" ru O .? ? O r q J m in n 4 c z cog atS T 3: tau st 1?'T r 'T? d ?yy 00 0 e OI^ _ ,o iz lu W a a o ?z -- tt a 4o vn ?2 La to A "Wo 06. .wp 00% N, LbA -14 ,:..".v._)•JTrs#.5nr?`1iuMf ?1M..G? yOn tF?? 4-1 _ LEASE AGREEMENT THIS LEASE; AGREEMENT, made this 2 3 lb day of sr- 20 10 , by and between WILLIAM T. WALKER AND NANCY A. WALKER, his wifb, of 170 Brindle Road, Mechanicsburg, Pennsylvania, hereinafter referred to as "LANDLORD", AND Km-tLenl SefR ft r?tD Hereafter referred to as "TENANT", WITNESSETH: That Landlord, in consideration of the payment of the rent reserved and the performance of the covenants and agreements hereinafter recited and contained, does hereby demise and lease to said Tenant the premises situate at: 2 31 Q 61 - Molts 'M , MrdrRA-t,i ESB?Afi2G I P14. 1-7 o ?S Real estate being improved with residential property, same being known and numbered as 21, Q W, MAFtj' ST., Mr?`zt+ tcsQ?2a, PA- 110s's- TO HAVE AND TO HOLD the said premises, subject to the conditions of This Agreement, for a term of one (1) month, beginning on the 2 3 day of (l-u G s r , 20 0 , being renewable as hereinafter provided. First month's rent to be for beginning date until end of month; thereafter, rent term will start on the 1St of each month. IN CONSIDERATION of which Tenant agrees to pay Landlord as rent for the use and occupancy of said the sum of premises, SEVeN 1?N t)2NT? ? PI F i -14 (-7 .Sti - 00) Dollars per month, said amount subject to increase as hereinafter provided., payable promptly at the residence of Landlord by the first day of each month without demand. A late charge of Two ($2.00) Dollars ay will be imposed for every day said pay7n.?:_:_` EXHIBIT is late after the due date thereof to be added to rent check at time of payment or deducted from Security Deposit -,? end of Lease. Multiple trips by Landlord to try to collect overdue rent will result in additional charges to Tenant. AS A FURTHER CONSIDERATION for the use and occupancy of said premises, Tenant hereby agrees to faithfully keep and be bound by the following covenants, conditions and agreements: 1. SECURITY DEPOSIT: wjt.;,,, Is J"s o On or bpfaakihe execution of this Lease Agreement, Tenant agrees to pay to Landlord the sum of F ( (: FEND RSV ( (Fu 10, o(d, ) Dollars as a security deposit for payment of damages to leasehold premises and/or default of rent or late charges under the terms of this Agreement. Any balance remaining will be refunded to Tenant by landlord within Forty-Five (45) days of the termination of this Lease Agreement. Parties of the first part agree to comply with the law governing escrow funds. If this lease Agreement involves two or more parties and if any of the parties decide to vacate this apartment, it is their responsibility to obtain their portion of the Security Deposit from the party(ies) remaining in said apartment. Landlord will not return any Security Deposit if any of the parties named in this Lease Agreement remains a tenant in said apartment. Tenant authorizes Landlord to deduct from Security Deposit for damages, breach of contract and payment of monies owed to Landlord as per Lease `UiZ Agreement. 150- Ow ? Sw-A) Nt D??=1c ks 2. LIMIT ON OCCUPANCY: The leased premises shall be used only as a single family dwelling unit to be occupied by KAT%,,eet4 4 SoO ONLY, being the Tenant herein. Said family shall not include more than people, said people all being related. Any occupancy of the leased premises for a period in excess of seven (7) days by an individual other than Tenant, shall be regarded as breach of this covenant, unless written consent of the Landlord of such occupancy is secured in advance. If anyone, other than those named in this Lease Agreement is found to be living in said apartment, rent will increase $100.00 per person per month retroactive to the beginning of this Lease Agreement. 3. ASSIGNMENT AND SUBLETTING: Tenant shall not sublet the leased premises or any part thereof, nor assign this Agreement without the written consent of the Landlord. 4. UTILITIES AND TRASH REMOVAL: Tenant shall provide, be responsible for and pay for the following during the entire term of Lease, starting on day one and further agrees to reimburse Landlord any amount charged to Landlord. Tenant must call utility companies and have utilities put in their name before taking possession of said apartment. 2 Electric/Gas (including heat) PPL 1-800-342-577A5- Cable Comcast 540-8900 Telephone Verizon 1-800-660-7111 Public Water United Water 564-3662 ext. 1109 (Charlene) Landlord shall supply and make available the following: Borough or Private Trash Removal Public Sewer 5. COMPLIANCE WITH LAWS: Tenant covenants and agrees to comply with all laws of the United States, the Commonwealth of Pennsylvania and the Ordinances of 1`t? + i i3u Borough. 6. RENTAL INCREASE AND TERMINATION: Landlord reserves the right to increase the rent upon thirty (30) days written notice sent to Tenant at the above-mentioned premises. The term of this Lease shall be automatically renewable unless terminated by either party upon thirty (30) days written notice. There will be an additional charge of one month's rent for an occupancy of less than six months. There will be an additional charge of one-half month's rent for an occupancy of between six and twelve months. This is required because of wear and tear on apartment in moving furnishings in and out of apartment, advertising costs, time required to show apartment, etc. 7. RULES AND REGULATIONS: The following conditions or rules adopted for the premises are to be understood as part of this Lease Agreement. Failure to abide by the following conditions or rules shall be deemed to be a default under this Agreement. A. There shall be no changes of any nature to the building or its structure without the advance written consent of the landlord. B. There shall be no decorating or redecorating, including, but not being limited to, painting, wall covering, floor covering and picture hooks or hangers, without the advance written approval of the Landlord. Tenant agrees return apartment original condition or pay w Landlord to perform this work. k s C. There shall be no animals or pets kept or about the premises. if any pets are found in or about the premises at any time, an additional Security Deposit equal to one month's rent will be due and payable within two days. In addition, the pet(s) must be removed from the premises immediately and permanently, and Tenant agrees to pay One Hundred Dollars ($100.00) minimum per month per pet back to the start of the Lease for animal odor or potential damage fee. 2 r5 arm ate- 3 K -5 D. Tenant shall not add to or change any locks without the advance written consent of the Landlord. Tenant agrees to pay an additional $200.00 fee for any and each violation. E. The leased premises must be totally cleaned by Tenant prior to vacating, including complete cleaning of refrigerator, stove and oven. Failure to do so will result in a cleaning charge by Landlord of $400.00. F. Tenant shall be responsible for all snow removal. G. RENTER'S INSURANCE: Tenant shall be responsible to maintain insurance for its contents and liability insurance, both in reasonable amounts and hold Landlord faultless and harmless for any said damages. H. Tenant shall return all keys to Landlord at the termination of the Lease. Failure or refusal to return the keys shall subject Tenant to the additional cost for the replacement and/or changing of all keys and locks. Tenant agrees to pay $100.00 fee for failure to return keys. Landlord will be paid $25.00 immediately and promptly for each trip to open locked door. 1. Tenant agrees to maintain a telephone in the residence and to provide Landlord with the telephone number. J. Tenant shall maintain the heat to at least 50 degrees in order to prevent water line freezes and plaster cracking. K. Tenant bears responsibility to notify Landlord of any problem situations, i.e., leaky roof, faulty wiring, defective plumbing, etc. and tenant shall bear the cost of damages to building due to neglect to notify Landlord of damages evident to Tenant. L. Tenant shall not have unruly conduct by self or visitors to disturbance of other tenants or neighbors. M. All trash and garbage must be kept in closed containers and removed from premises at least once a week. N. Any damages to any part of the building; specifically, doors, windows, walls, siding, carpet, cabinets, plumbing fixtures (beyond normal wear and tear), whether caused by Tenant, children, welcomed or unwelcomed guests, will be promptly repaired by landlord at Tenant's expense, which will be billed directly to Tenant for immediate payment. 0. There will be a $30.00 charge for any check not negotiable at time payment was made and a $50.00 charge for a stop payment. P. Tenant shall not order repairs or maintenance in the name of the Landlord. Tenant is not to deduct any expenses from the monthly rent payment. Q. There are to be no in-home businesses conducted in this apartment. 4 R. Tenant bears responsibility for clogged drain lines and agrees to pay for repairs to unclog. No long hair or female sanitary material may be put down into plumbing lines. S. There are to be no phone calls placed to Landlord's home after 9:30 p.m. unless it is to notify Landlord of an emergency situation. T. This is a No-Smoking apartment. If Tenant or Tenant's wanted or unwanted visitors smoke in said apartment, Tenant agrees to pay in full the charges necessary to remove smell and smoke damage and odors in apartment (including, but not limited to, painting of all walls, cleaning and painting of woodwork, cleaning all glass in apartment, cleaning of carpet and flooring, etc.) U. PARKING: Tenant agrees to use only the parking space assigned to their car and to keep all visitors' cars off parking lot (which is reserved for tenants only). 8. RESPONSIBILITY FOR DAMAGES: Tenant agrees to be responsible for and hold Landlord harmless from any and all liability by reason of any injury or damage to any person or property on the demised premises, whether belonging to the Tenant or any other person, caused by any fire, breakage or leakage on the part or portion of the demised premises, or any part or portion of the building of which the demised premises is part or from water, rain or snow that may leak into, issue or flow from any part of the demised premises or the building in which the demised premises is a part, or as a result of the negligence of the Landlord or its servants or agents or any other person whomsoever. Tenants who allow smoking inside their unit may, at the discretion of the Landlord, have to pay $600.00 to repaint interior of apartment due to tobacco odor and stains. 9. MAINTENANCE OF PREMISES: The premises are to be kept in a clean and sanitary condition, and Tenant agrees to keep the premises free from dirt, litter, rubbish and all debris. All porches and decks are to be kept clean and free of clutter. Grills may be stored on porches and decks, but must be covered when not in use. Grills may not be used on covered porches. Taking into consideration the size of porch or deck, porch furniture may be neatly arranged on porch or deck. No upholstered furniture may be used or stored outside. Landlord retains the right to request any and all objectionable items be removed promptly by Tenant. Any situation allowed to exist that would necessitate an extermination fee and treatment will be billed to and paid by Tenant immediately. 10. INSPECTION: Tenant hereby agrees that Landlord may enter upon the premises demised at any time for the purpose of making inspections or repairs, or for showing the premises to prospective purchasers or tenants, and further that Landlord may display upon the premises demised signs indicating that the premises are "For Sale" or "For Rent". 11. PAYMENT OF RENT OR. BREACH OF COVENANT: 5 Tenant covenants and agrees that upon the nonpayment of rent or any attempt to breach any of the covenants and conditions of this Agreement or any breach of the covenants and conditions of this Agreement, the full and entire rent reserved for the full term of this Lease remaining unpaid shall b; termed due and payable as liquidated damages for the nonpayment of rent, or the breach or attempt to breach any covenant contained herein. There will be an additional charge of one month's rent for an occupancy of less than six months. There will be an additional charge of one-half month's rent for an occupancy of between six and twelve months. This is required because of wear and tear on apartment in moving furnishings in and out of apartment, advertising costs, time required to show apartment, lost rent, etc. 12. CONFESSION OF JUDGEMENT: If rent and/or charges hereby reserved as rent shall remain unpaid on any day when the same should be paid, Tenant hereby empowers any Prothonotary or attorney of any Court of Record to appear for Tenant in any and all actions which may be brought for rent and/or the charges, payments, costs and expenses reserved as rent, or agreed to be paid by the Tenant and/or to sign for Tenant an agreement for entering in any competent Court an amicable action or actions for the recovery of rent or other charges or expenses, and in said suits or in said amicable action or actions to confess judgment against Tenant for all or any part of the rent specified in this Lease and then unpaid including, at Landlord's option, the rent for the entire unexpired balance of the term of this Lease, and/or other charges, payments, costs and expenses reserved as rent or agreed to be paid by the Lessee, and for interest and costs together with an attorney' commission of 25%. Such authority shall not be exhausted by one exercise thereof, but judgment may be confessed as aforesaid from time to time as often as any of said rent and/or other charges reserved as rent shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the original term and/or during any extension or renewal of this Lease. 13. WAIVER OF ACTS OF ASSEMBLY: Tenant hereby waives the provisions of the Act of Assembly providing for notice to quit and agrees to vacate and surrender the leased premises at the expiration of the term, or within five (5) days notice that Tenant must quit and surrender the premises demised for any reason whatsoever, including, but not limited to failure to pay rent, breach or attempted breach of any of the covenants and conditions of this Agreement, and the termination of the Lease Agreement. 14. NOTICES: All notices required to be given by the Landlord to Tenant shall be sufficiently given by leaving the same upon the demised premises, but notices given by Tenant to Landlord must be given by Registered Mail, and as against Landlord the only admissible evidence that such notice has been given by Tenant shall be a Registered Return Receipt signed by Landlord or its agent. Landlord's address for the purpose of mailing such notices shall be 170 Brindle Road, Mechanicsburg, Pennsylvania 17055. If Landlord changes addresses from the address herein stated, Landlord shall give written notice to Tenant of such change of address. 1.5. UNDERSTANDING OF PARTIES: It is hereby expressly agreed and understood by and between all the parties hereto that this Lease 6 Agreement sets forth all the promises, agreements, conditions and understandings between Land i o J and Tenant relative to the leased premises and that no other promises, agreements, conditions or understandings either oral or written exists between the parties other than are herein set forth. 16. NOTICE: TENANT, YOU ARE HEREBY NOTIFIED THAT BY EXECUTING THIS LEASE AGREEMENT, YOU ARE WAIVING THE BENEFITS OF THE ACTS OF ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA AND THAT CERTAIN PROVISIONS OF THOSE ACTS WERE ENACTED FOR YOUR BENEFIT AND PROTECTION. The conditions of this Agreement shall extent to the heirs, executors, administrators and assigns of all the parties hereto. 17. UNDERSTANDING: Tenant acknowledges and states that the premises subject to this Lease Agreement has been inspected and has been found to be habitable and acceptable as a dwelling unit. Tenant further agrees to promptly notify Landlord of any condition or conditions that would or will tend to render said premises uninhabitable. Said notification shall be in writing and delivered to the address of the Landlord. PRIOR TO THE SIGNING OF THIS LEASE AGREEMENT, TENANT HAS HAD EXPLAINED THAT IN CASE OF DEFAULT, A JUDGMENT CAN BE ENTERED IN COURT WITHOUT PRIOR HEARING AGAINST HIM OR HER WHICH WILL REQUIRE THE PAYMENT OF ALL AMOUNTS DUE AND UNPAID UNDER THIS LEASE AGREEMENT, OR WHICH WILL REQUIRE DELIVERY OF POSSESSIOIN OF THE PROPERTY. TENANT UNDERSTANDS THE CONFESSION OF JUDGMENT CLAUSE AND AGREES TO ITS TERMS. TENANT, HAS HAD YEARS OF FORMAL SCHOOLING AND TENANT, , HAS HAD YEARS OF FORMAL SCHOOLING AND HAS INCOME OF MORE THAN $15,000 PER YEAR. IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first written above, and intend to be legally bound hereby. WITNESS: mz;t? av :7.3 *G. Zc, t o William T. Walker, 7 a , WILLIAM T. WALKER and NANCY A. WALKER, husband and wife, Plaintiffs V. KATHLEEN SERAFIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2011-5768 ?? (R r__ CIVIL ACTION - LAW c+ -r- -r s, ?C1 NOTICE TO PLEAD v r ,, -s '., ® TO: William T. Walker and Nancy A. Walker c/o Jennifer B. Hipp, Esquire One West Main Street Shiremanstown, PA 17011 Counsel for Plaintiffs You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. LAW OFFICES OF CRAIG A. DIEHL Date: By: Q ? ),r,b Craig A#Diehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717)763-7613 Fax: (717)763-8293 Counsel for Defendant Craig A. Diehl, Esquire I.D. No. 52801 LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Attorney for Defendant, Kathleen Serafin WILLIAM T. WALKER and NANCY A. WALKER, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2011-5768 V. KATHLEEN SERAFIN, Defendant CIVIL ACTION - LAW ANSWER TO COMPLAINT WITH NEW MATTER AND COUNTERCLAIM AND NOW COMES Defendant, Kathleen Serafin, by and through her counsel, Law Offices of Craig A. Diehl, answering the Complaint along with New Matter and a Counterclaim as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. The rent for the residential premises is Six Hundred Fifty Dollars ($650.00) pursuant to Section 8 Contract. There is a One Hundred Dollar ($100.00) pet fee per month. 6. Denied. The lease term was for a year pursuant to Section 8 Contract. 7. Denied. After reasonable investigation, Defendant is without knowledge sufficient to form a belief as to the averment. 8. Denied. The Notice to Quit attached as Exhibit "B" speaks for itself. 9. Denied. There is a Two Dollar ($2.00) per day late charge for monthly rent. There is no late fee for the pet fee. 10. Denied. After reasonable investigation, Defendant is without knowledge sufficient to form a belief as to the averment. 11. Admitted. 12. Denied. The turtle is not a pet to Defendant. It is for educational purposes. Further, Plaintiffs were aware from the first day of the lease that Defendant had the turtle. 13. Denied. The turtle is not a pet to Defendant. It is for educational purposes. Further, Plaintiffs were aware from the first day of the lease that Defendant had the turtle. 14. Denied. The turtle is not a pet. 15. Denied. The averment contains a legal conclusion to which no responsive pleading is required. 16. Admitted. 17. Denied. Defendant did receive oral permission from William Walker to have a puppy. 18. Denied. After reasonable investigation, Defendant is without knowledge sufficient to form a belief as to the averment. 19. Denied. The averment contains a legal conclusion to which no responsive pleading is required. 20. Denied. Defendant did not permit her dog to urinate and leave feces on the deck. The dog did have a few accidents which were promptly cleaned up. 21. Denied. The Lease does not require that Tenant provide Landlord with proof of insurance. 22. Admitted. 23. Denied. Defendant did not cause multiple damages to unit. 24. Denied. Defendant did not cause extensive damage to the carpet. 25. Denied. A screw was missing and has been fixed. 26. Denied. After reasonable investigation, Defendant is without knowledge sufficient to form a belief as to the averment. 27. Denied. The curtain rod is a "L" rod and was not installed properly by Landlord. 28. Denied. The screen door is merely missing a clip. 29. Denied. Siding is missing and the density fiber board has been water damaged. 30. Admitted. 31. Denied. It was not a time that suited Defendant's schedule. 32. Denied. The one month that was unpaid has been deposited with the Prothonotary. 33. Denied. The one month that was unpaid has been deposited with the Prothonotary. COUNT I - BREACH OF CONTRACT 34. Denied. See responsive pleadings set forth in paragraphs 1 - 33. 35. Denied. The rent for the residential unit is Six Hundred Fifty Dollars ($650.00). 36. Denied. After reasonable investigation, Defendant is without knowledge sufficient to form a belief as to the averment. 37. Denied. Defendant disputes the charges attempting to be collected by Landlord. WHEREFORE, Defendant respectfully requests that judgment be entered in her favor and against Plaintiffs. COUNT NO. 2 - QUANTUM MERUIT/IMPLIED CONTRACT 38. Denied. See responsive pleadings set forth in paragraphs 1 - 37. 39. Admitted. 40. Denied. After reasonable investigation, Defendant is without knowledge sufficient to form a belief as to the averment. 41. Denied. Defendant disputes the charges attempting to be collected by Landlord. 42. Admitted. WHEREFORE, Defendant respectfully requests that judgment be entered in her favor and against Plaintiffs. COUNT NO. 3 - UNJUST ENRICHMENT 43. Denied. See responsive pleadings set forth in paragraphs 1 - 42. 44. Denied. The unit had cigarette holes in the carpet and an unclean bathroom floor. 45. Denied. The averment contains a legal conclusion to which no responsive pleading is required. WHEREFORE, Defendant respectfully requests that judgment be entered in her favor and against Plaintiffs. NEW MATTER 46. The residential lease attached as Exhibit "A" to the Complaint fails to comply with the Plain Language Consumer Contract Act of Pennsylvania as follows: a. Improper legal language being used such as "Acts of Assembly"; Hold Harmless; Demised Premises; Waiving; and Parties of the First Part; b. Notice to Quit provision is not disclosed by a separate, conspicuous statement; and c. There are two (2) "Notice" provisions creating confusion. 47. The residential lease attached as Exhibit "A" to the Complaint contains a confession of judgment clause which is illegal in residential leases in Pennsylvania. 48. Paragraph 1, Page 2 of the residential lease violates Pennsylvania landlord-tenant law as it states that the security deposit balance, if any, shall be refunded to Tenant within forty- five (45) days. Pennsylvania law requires that the security deposit must be refunded within thirty (30) days. 49. The Complaint is barred by the doctrine of estoppel. 50. The Complaint is barred by the doctrine of waiver. 51. The Complaint fails to state a cause of action actionable under the terms of the lease. COUNTERCLAIM 52. It is believed that the residential building leased by Counter-Plaintiff from the property owner, Counter-Defendants, was built prior to 1978. 53. Counter-Defendants have violated 42 U.S.C. §4852(d) - "Lead-Based Paint Hazard Reduction Act" by not providing the required disclosure to Counter-Plaintiff and therefore the lease is not binding. 54. The breach of this law provides for penalties of up to Ten Thousand Dollars ($10,000.00) for non-compliance, treble damages, costs and reasonable attorney fees. 55. The residential lease violates the Unfair Trade Practices and Consumer Protection Law and entitles Counter-Plaintiff to treble damages and attorney fees as follows: a. Violation of Plain Language Consumer Contract Act; b. Inclusion of illegal provisions within the residential lease; C. Attempt to collect improper amounts from Counter-Plaintiff; and d. Violation of Lead-Based Paint Hazard Reduction Act. 56. Counter-Plaintiff has or will incur attorney fees of One Thousand Three Hundred Fifty Dollars ($1,350.00). WHEREFORE, Counter-Plaintiff respectfully requests judgment to be entered in her favor and against Counter-Defendants for reimbursement of attorney fees, fines for violating 42 U.S.C. §4852(d), treble damages of this amount, and such further relief this Court deems just and reasonable. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: By: Craig A iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Defendant VERIFICATION I, Kathleen Serafin, Defendant above-named, being duly sworn according to law, deposes that the facts set forth in the foregoing Answer with New Matter and Counterclaim are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: / Kathleen Serafin CERTIFICATE OF SERVICE AND NOW, the J/ ? day of August, 2011, the undersigned hereby certifies that a true and correct copy of the foregoing Answer to Complaint with New Matter and Counterclaim was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Jennifer B. Hipp, Esquire One West Main Street Shiremanstown, PA 17011 ZL- belma-A. Fike, Legal Secretary WILLIAM T. WALKER and NANCY A. WALKER, husband and wife Plaintiffs V. KATHLEEN SERAFIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA C j .,., C c> rn3 m s?• DOCKET NO. 2011-5768 Zr CIVIL ACTION - LAW cnr, , tv rx <© a CIVIL TERM Zp 3 A, Z %D --? N ANSWER TO NEW MATTER AND COUNTERCLAIM Cj --t rn? 'urn o° z-n o r) ?rn -f William T. Walker and Nancy A. Walker, husband and wife, by and through their attorney, Jennifer B. Hipp, Esquire, and file this Answer to New Matter and Counterclaim and aver as follows: ANSWER TO NEW MATTER 46.a. Denied. The averments set forth in Paragraph No. 46.a. are conclusions of law to which no response is required. 46.b. Denied. The averments set forth in Paragraph No. 46.b. are conclusions of law to which no response is required. 46.c. Denied. The averments set forth in Paragraph No. 46.c. are conclusions of law to which no response is required. 47. Denied. The averments set forth in Paragraph No. 47 are conclusions of law to which no response is required. 48. Denied. The averments set forth in Paragraph No. 48 are conclusions of law to which no response is required. 49. Denied. The averments set forth in Paragraph No. 49 are conclusions of law to which no response is required. 50. Denied. The averments set forth in Paragraph No. 50 are conclusions of law to which no response is required. 51. Denied. The averments set forth in Paragraph No. 51 are conclusions of law to which no response is required. ANSWER TO COUNTERCLAIM 52. Admitted. Upon information and belief, the Plaintiffs believe that the residential building known and numbered as 231 West Main Street, Mechanicsburg, Pennsylvania was constructed prior to 1978. 53. Denied. Plaintiffs fully complied with 42 U.S.C. § 4852d by providing Defendant with the pamphlet "Protect Your Family from Lead in Your Home" on or about August 24, 2010. Attached hereto and incorporated herein as Exhibit "A" is a copy of the "Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards" form signed by Defendant wherein she acknowledges receipt of the pamphlet "Protect Your Family from Lead in Your Home" on or about August 24, 2010. 54. Denied. The averments set forth in Paragraph No. 54 are conclusions of law to which no response is required. By way of further answer, it is specifically denied that Plaintiffs violated 42 U.S.C. § 4852d. See Exhibit "A." 55.a. Denied. The averments set forth in Paragraph No. 55.a. are conclusions of law to which no response is required. 55.b. Denied. The averments set forth in Paragraph No. 55.b. are conclusions of law to which no response is required. 55.c. Denied. The averments set forth in Paragraph No. 55.c. are conclusions of law to which no response is required. 55.d. Denied. The averments set forth in Paragraph No. 55.d. are conclusions of law to which no response is required. 56. Denied. Plaintiffs are without any knowledge as to any attorneys fees that Defendant may incur and are unable to respond to this allegation. WHEREFORE, Plaintiffs, William T. Walker and Nancy A. Walker, demand judgment against Defendant, Kathleen Serafin, in the amount of $3,050.00, plus interest, together with the cost of this action, attorney's fees and any other relief deemed just and appropriate. Date: ?(?L???I By: Jenni e B. ipp, Esquire Pa. I.D. No. 86556 Bogar end Hipp Law Offices One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiffs, William T. Walker and Nancy A. Walker VERIFICATION We verify that the statements made in this Answer to New Matter and Counterclaim are true and correct. We understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: `? ZZj` I ?."'?a?'/ 113 ?I William T. Walker f LA I 3//( Nancy Walker c EEXHIBIT A ?n J - J Q Disclosure. of information on Lead-Based Paint and/or `-ead-Based Paint Hazards lead Warning Statement Housing built before 1978 may contain lead-based paint- Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive o federally approved pamphlet on lead polsoning prevention. Lessor's Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (1) or (ii) below); (i) __ Known lead-based paint and/or lead based paint hazards are present in the housing; (explain). Lessor has no knowledge of lead-based paint and/or lead-based paint hazards In the housing. (b) Records and reports available to the lesser (check (1) or (Ii) below). (1) ., Lessor has provided the lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below). (ii) 4- Lessor has no reports .or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Lesse 's . cknowledgment (initial) c)? Lessee has received copies of all Information listed above, Lessee has received the pannphiet Protect your Family from Lead in Your Home. Agent's Acknowledgment (initial) (e) tea- Agent has Informed the lessor'of the lessor's obligations under 42 U,S.C. 4852(d) and is aware of his/her responsibility to ensure compliance, Certification of Accuracy The following parties have reviewed the Information above and certify, to the best of their knowledge, that the Information they have provided Is true and accurate. Agent -._?,,._ •. pate Cate ?y Z? ( Ssor? Date e Date Lesse Q . I(J pate Agent Td Wd6S:tiO TTOE ZZ -6nd 886S617z2_T2_: 'ON Xd_? dOHdD: WO?1_1 WILLIAM T. WALKER and NANCY A. WALKER, husband and wife Plaintiffs V. KATHLEEN SERAFIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2011-5768 : CIVIL ACTION - LAW CIVIL TERM CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing ANSWER TO NEW MATTER AND COUNTERCLAIM as required upon Defendant, Kathleen Serafin, by forwarding a copy thereof to Craig A. Diehl, Esquire, attorney of record for Kathleen Serafin to the following address, by First Class United States Mail as follows: Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011 Date: Jenni er B. ipp, Esquire WILLIAM T. WALKER and IN THE COURT OF COMMON PLEAS OF NANCY A. WALKER, CUMBERLAND COUNTY, PENNSYLVANIA husband and wife, Plaintiffs V. KATHLEEN SERAFIN, Defendant CIVIL ACTION - LAW : NO. 11-5768 CIVIL TERM IN RE: MOTION TO RELEASE RENTS HELD IN ESCROW ORDER OF COURT AND NOW, this e day of February, 2012, upon consideration of Plaintiffs' Motion To Release Rents Held in Escrow, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days from the date of this order. BY THE COURT, Jennifer B. Hipp, Esq. Bogar and Hipp Law Offices One West Main Street Shiremanstown, PA 17011 Attorney for Plaintiffs Craig A. Diehl, Esq. 3464 Trindle Road Camp Hill, PA 17011 Attorney for Defendant J :rc ( r ;CS knot " I'd -/o// -) C'7 c CA r- m .<)> CD Z?C:) ?C: -? cn W C7jMFER"-Ati^ CC'Y. -Y ^P, %7j N'fD7/-CRY OFFICE - GENERAL 7UND ?rlac k 0 1'. ):_2 * 2143 has .),f<. -u;an_. Descriptions Amt Released Receipt l:_- : 5'7 £3 WILL--AM T RENT 120.00 262159 1 :_- : 5'? c T RENT 196.00 263470 Check Amount: 316.00 INFOCON CORPORATION[L1558HB] 3385603 _..___ _...._..___.__-._._,__ _.______.___.. David D. Buell ORRSTOWN BANK SHIPPENSBURG, PA CUMBERLAND COUNTY PROTHONOTARY OFFICE 6 0-1 50 3131 3 GENERAL FUND 1 COURTHOUSE SQUARE. SUITE. 100 CARLISLE, PA 17013 CHECK DATE CHECK NUMBER PAY THIS AMOUNT 04/12/201.2 2143 $316.00 Three Hundred Sixteen And 00/100 Dollars TO THE ORDER OF WALKER. WILLIAM AND NANCY 11-5768 C/O OF' JENNIFER HIPP, ESQ. 11'00 1- 1 4 311' 1:0 3 13 1 50 361: 1013 195v^-4122_'_2 Cumberlenc ^o'^`? o o`_ eno`e.ry'_ C.`.__ce ?age: P`?S. 8B C ec Regist?r Costs & Fees Tran Receipt Case Trans Check Check Check Payee Name - Rel Date Desc No No Amount Date No Amount WALKER WILLIAM AND NANCY RENT 7/22/2011 PYMT/MONEY ODR 262159 .-1-05768 120.00 8/19/2011 PYMT/CASH 263470 11-05768 196.00 04/12/2012 2143 316.00 ** Total Amount Released 316.00 ---------------------------End of Listing -------------- WILLIAM T. WALKER and NANCY A. WALKER, Husband and Wife, Plaintiffs V. KATHLEEN SERAFIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-5768 CIVIL TERM IN RE: MOTION TO RELEASE RENTS HELD IN ESCROW ORDER OF COURT AND NOW, this I Ph day of April, 2012, upon consideration of Plaintiffs' Motion To Release Rents Held in Escrow, and a Rule having been issued upon Defendant to show cause why the relief requested should not be granted, and the Defendant having failed to file a response thereto, the Motion To Release Rents Held in Escrow is granted. The Prothonotary is hereby directed to release all of the funds held in escrow related to the above-captioned matter to William T. Walker and Nancy A. Walker in care of Jennifer B. Hipp, Esquire, 1 West Main Street, Shiremanstown, PA 17011. Jennifer B. Hipp, Esq. One West Main Street Shiremanstown, PA 17011 Attorney for Plaintiffs Craig A. Diehl, Esq. 3464 Trindle Road Camp Hill, PA 17011 Attorney for Defendant BY THE COURT, E'9'E !..fix Christylee L. Peck, J. -F :rc