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HomeMy WebLinkAbout11-7589Pi,0J'Lj J?? ? ?ii Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 7N I OCT -4 AM !u'a 01, CO' & FALLEP F1 E E R L AL /C O' U?° T DORIS E. FAHNESTOCK and IN THE COURT OF COMMON PLEAS OF MAX A. FAHNESTOCK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : 7 V. NO. 11 - 5(f 7 CIVIL TERM SUE THOMPSON and DAVID THOMPSON, Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by 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 Plaintiffs. You may lose money or property or other rights important to you. HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. THIS IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT '67 f) 00P '( Jy 6k, 9gVS -71 ??) 12 4 a4 S-Ya \\Mdwo02\sys\FILES\C1ients\8549 Fahnestock\8549.17\8549.17.com Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DORIS E. FAHNESTOCK and IN THE COURT OF COMMON PLEAS OF MAX A. FA.HNESTOCK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 11 - -75" CIVIL TERM SUE THOMPSON and DAVID THOMPSON, Defendants COMPLAINT AND NOW, come the Plaintiffs, Max A. Fahnestock and Doris E. Fahnestock, by and through their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and in support of their Complaint, aver as follows: 1. Plaintiffs are Doris E. Fahnestock and Max A. Fahnestock, adult individuals residing at 23 South Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendants are Sue Thompson and David Thompson, adult individuals residing at 502 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendants entered into a lease with Plaintiffs on March 19, 2010, to rent the property located at 19 South Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania. A copy of the Lease is attached as Exhibit "A." 4. The term of the Lease was from April 1, 2010, until June 30, 2012. 5. The monthly rent obligation was set at $675.00. 6. The Defendants last paid their rent in May of 2011. 7. Under the terms of the Lease, Defendants are liable for all rent payments through June 2012. 8. Upon information and belief, Plaintiffs now believe that Defendants have vacated the premises and are no longer living there. 9. Plaintiffs seek past due rent for the months of June, July, August, and a portion of September, in the amount of $2,452.00. 10. Pursuant to Paragraph 11 of Rider A of the Lease, Defendants are responsible for the costs of water, sewer, and trash. 11. Defendants have not paid for water, sewer, and trash services since May 2011, and Plaintiff now seeks $507.47 in past due water, sewer and trash bills. 12. Under Paragraph 11 of Rider A of the Lease, Defendants are also liable for electric bills at the rented property. 13. Plaintiffs have incurred electric bills in the amount of $51.18 as a result of Defendants' failure to pay. 14. Under Paragraph 7 ofthe attached Lease, Defendants are liable for all damages caused to the property during their occupancy. 15. Plaintiffs have incurred expenses in the amount of $2,049.26 for items that they have had to replace or repair at the rented property. 16. The Plaintiffs have made all efforts to mitigate their damages and prepare the rented property to be rented out by another party. 17. Plaintiffs have incurred $5,064.88 in costs associated with Defendants' breach of the Lease. WHEREFORE, Plaintiffs respectfully requests this Honorable Court to grant judgment in their favor in the amount of $5,064.88. MARTSON LAW OFFICES By: Katie J. axw Esquir I.D. No 20 18 10 East igh Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Date: X013 f /r THIS IS A DEBT COLLECTION FIRM ATTEMPTING TO COLLECT A DEBT FOR DORIS AND MAX FAHNESTOCK. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" Illfi IS .A LEGALLY BINDING LEASE 1-IIAT WILL BECOME FINAL WITHIN THREE BUSINESS AYS. DURING THIS PERIOD YOU MAY CHOOSE TO CONSULT AN ATTORNEY WHO CAN _VIEW AND CANCEL ]'HE LEASE. SEE SECTION ON ATTORNEY REVIEW FOR DETAILS.* HOUSE LEASE The Landlord and the Tenant agree to lease the House for the Term and at the Rent stated, as follows: The words Landlord and Tenant include al l landlords and all tenants under this Lease. Landlord Doris-.E_ &. Max. A,. F. stock ..... , .. , I' & David Thott?san Tenant ..Sue rrm r I)w ........ .... 23.S...Baltimart;.AVt; .. : . I nm ."pr rums, M .11.d.11 I..... who •ia Inr in the Ap...... Each -,r op. Ihr, ...... .......... iy Springs PA 17065 , ........ 19 S. Baltimore Avenue ...................................... zle House (including grounds on which it is located) • ............. t Mt: Holly Springs, PA 17065 ... ......... . . . ............. . .. Date of Lease.. """""' .2010 a fent f ...... .. ............. ft., Rent for r the the Term erm is S ...... '. , .... . . ................ . The Rent is M%' I ipp adyyancs???onp the first d v of each month, al Term ..................................... . s ollows:.crteCtC: Make paYab e t0 .. ............. ... Beginning....... April 1, 2010 Mpx, A.,.Fahnesttxk g.23 S. Baltimore Ave. Endin June 30, 2012 If .hy..Cr4sh ., Deliyer_.to 23 S. Baltitnare Ave. P!&T Security S.... 1575.-A....... deposited at ..Bank to , ylgle . ,(t;4ughter. of Landlords) or one of .............................. ..Co. La txllord..at tuneof Lease .......... .the. .t4jad . .. ..... .......... ...,rnp. arrJ hvn ...,.?r.n.nr nr rmr,rmrm rnmryn) exeeuti m? ............. ................................... . moo. ?ragraph, ;21, for. f 4t: t- renewals . ............................................................... ..................... Broker. The Landlord and the Tenant recognize ............. "'•'•"••"'..•••••.•••••••••••••••••••• Not Applicable as the ' ............................................. Broker who brought about this Lease. The shall a • the Broker's commission. Additional agreements ..... Larj&1ord„not•rersponsible.for.loss. .to.Termnt's..personaj. property,... .................................... ................ ................ (See Paragraph 15) Rider A dated ............................................................................... ................................................ ..................If premises are ready before April 1, 2010, Tenant may [[rave in .................................................................. ...................before April 1, 2010 with approval of Landlord. ............................................................................. ...................................................................................... ....................................................................... I. Possession and Use 2. Rent 3. Additional Rent 4. Security. 5. No Assignment or Subletting 6. Violation, Eviction and Re-entry 7. Damages 8. Qpiet Enjoyment 9. Utilities and Services 10. Tenant's Repairs and Maintenance it. Landlord's Repairs 12. Access to House 13. No Alterations or Installation of Equipment Table of Contents 14. Fire and Other Casualty 15. Liability of Landlord and Tenant 16. Subordination to Mortgage 17. Tenant's Letter 18. Notices 19. No Waiver 20. Survival 21. Renewal Lease 22. Furniture 23. End of Term 24. Binding 25. Full Agreement 26. Attorney Review Possession and Use The Landlord shall give possession of the House to the ''ant for-the Term. The Tenant shall take possession ofand c the House only as a private residence. Only a Tenant sung this Leasq and the children of that Tenant may live in c Ilousc. The Tenant shall not use the House for any Isiness, professional, unlawful or hazardous purpose. l'he •nant must not allots the House to be vacant for extended rinds. 2. Rent The Tenant shall pay the Rent to the Landlord at the Landlord's address. 3. Additional Rent If the Tenant fails to comply with any agreement in this Lease, the Landlord may do so on behalf of the Tenant. The Landlord may charge the cost to-comply to the Tenant as Llvrln-taw. to preparer ll 1 "14 ure nrrl a real rude broker or sa/espersort lirvuu'd hr dte A're' Jersey Reul Estate Cornrrtiuio+t. you Wray de/ere ibis language. '.additional rem". This includes reasonable attorney's. fees incurred by the Landlord as a result of the Tenant's violation of any lease agreement. The additional rent shall be due and payable as Rent with the next monthh• Rent payment. Non- payment of additional rent gives the Landlord the same rights against the Tenant as if the Tenant failed to pay the Rent-, 4. Security The Tenant has given to the Landlord the Security stated above. It shall be deposited or invested by the Landlord and bear interest or yield other earnings as required by law. The balance of the interest or earnings, after deduction for the Landlord's administration expenses allowed by law, shall belong to the Tenant. The Tenant's portion of the interest or .earnings shall be permitted to compound. or shall be paid to or credited for the benefit of the Tenant as provided by law. The Security shall be held intrust by the Landlord during the Term of this Lease, including any renewal or extension. It shall be used as security for the Tenant's compliance with the Tenant's obligations under this Lease. The Landlord may deduct any costs resulting from the Ter ant's failure to comply with any Igreement in this Lease. If the costs exceed the Security, the,Tenant shall pay the additional amount to the Landlord. If the Landlord uses any of the Security during the Term, the Tenant shall promptly restore the Security to its original amount. The Security is not to be used by the Tenant for the payment of Rent without the Landlord's written consent. Within 30 days after the end of the Term, the Landlord shall return to the Tenant (a) the Security and the Tenant's portion of the interest or earnings, less any charges made under this Lease, and (b) a statement itemizing the interest or earnings and any deductions. This shall he done by personal delivery, registered or certified mail. If the Landlord's interest in the Building is transferred. t'he Landlord shall (a) turn over the Security plus the Tenant's portion of the interest or earnings to the new Landlord and (b) notify the Tenant of the name and address of the new Landlord. Notice must be given to the Tenant within 5 days after the transfer, by registered or certified mail. The Landlord shall then no longer be liable to the Tenant for the Security plus the Tenant's portion of the interest or earnings. The new Landlord becomes liable to the Tenant for the return of the Security plus the Tenant's portion of the interest or earnings in accordance with the terms of this Lease. • 5. No Assignment or Subletting The'fenant may not do any of the following without the Landlord-'s written consent: (a) assign this Lease, (b) sublet all orany pact of the House or(c) permit any other person to use the House except as a temporary guest. .! 6. Violation, Eviction and Re-entry The Landlord reserves a right of re-entry which allows the Landlord to end (his Lease and re-enter the House if the Tenant viclates any agreement in this Lease. This is done by eviction. E.•iction'is a court proved ure to remove a tenant. The Landlord may also evict the Tenant for any one of the other grounds of good cause allowed by law. Eviction is started by the filing of a complaint in court and the service ofa summons on a tenant to appear in court. After obtaining a judgment for possession and compliance with the warrant of removal, the Landlord may re-enter and take back possession of the House. If the cause for eviction is non-payment of rent, notice does not have to be given to the Tenant before the Landlord files a complaint. H there is any other cause to evict, the Landlord must give to the Tenant the notice required by law before the Andlord files a complaint for eviction. 7. `Damages The Tenant is liable for all damages caused by the Tenant's violation of any agreement in this Lease. This includes reasonable attorney's fees and costs. After eviction the Tenant shall pay the unpaid Rent for th' Term or until the Landlord re-rents the House, if sooner. If he landlord re-rents the House for less than the Tenant's Rent, the Tenant must pay the difference until the end of the Term. If the Landlord re-rents the House for more than the Tenant's Rent, the Tenant is not entitled to the excess. The Tenant shall also pay (a) all reasonable expenses incurred by the Landlord in preparing the House for re-renting and (h) commissions paid to a broker for finding a new tenant. S. Quiet EnJoyment The Landlord has the right to enter into this Lease. If the Tenant complies with this Lease, the Landlord must provide the Tenant with undisturbed possession of the House. * 9. Utilities and Services The Tenant shall arrange and pay for all utilities and services furnished to the House, including the following: (a) Heat (c) Electric (b) Hot and cold water J0PqW 9d) Trash Removal (e) Sewage The Landlord is not liable for any inconvenience or harm caused by any stoppage or reduction of services beyond the .Landlord's control. This does not excuse the Tenant from paying Rent or the Landlord from promptly taking corrective action. * 10. Tenant's Repairs and Maintenance The Tenant shall: (a) Pay for all repairs, replacements and damages caused by the act or neglect of the Tenant, the Tenant's family and domestic employees. (b) Keep and maintain the House and grounds in a neat, clean, safe and sanitary condition. Vehicles hnay be driven or parked only in the driveway or in the garage. The Tenant shall not allow injury to the landscaping. . (c) Take good care of the House and all equipment and fixtures in it. (d) Keep the furnace clean. (See Rider A.1) (e) Keep the walks and driveway free from dirt, garbage, snow, and ice. M Keep nothing in the House which is inflam- mable, dangerous or might increase the danger of fire or of her casualty. (g) Promptly notify the Landlord when there are conditions which need repair. (h) Promptly remove from the House all garbage and debris and take to the curb for collection. W Use all electric, plumbing and other facilities (j) Do nothing tocausea cancellation Oran increase in the cost of Landlord's fire or liability insurance. (k) Use no more electricity than the wiring or feeders to the House can safely carry. (1) Obey any written instructions of the Landlord for the care and use of appliances, equipment, and other personal property in the House. (m) Do nothing to destroy, deface, damage, or remove any part of the House. (n) Do nothing to destroy the peace and quiet of the Landlord, other tenants or persons in the neighborhood. (o) Promptly comply with all orders and rules of the Board of Health orotherauthorities governing the House which are directed to the Tenant. If. Landlord's Repairs The Landlord shall make any necessary repairs and replacements to the vital facilities sewing the House a ithin a reasonable time after notice by the Tenant. 12. Access to House The Landlord shall have access to the House on reasonable notice to the Tenant to (a) inspect the House, (b) make necessary repairs, alterations, or improvements, (c) supply services, and (d) show it to possible buyers, mortgage lenders, contractors and insurers. The Landlord may show the House to rental applicants at reasonable hours on notice to the Tenant within 3 months before the end of. the Term. The Landlord may enter the House at any time without notice to the Tenant in case of emergency. 11 No Alterations or Installation of Equipment The Tenant may not make any changes or additions to the House without the Landlord's written consent, This rule includes but is not limited to: (a) Installation of panelling, flooring, built-in dec- orations, partitions, moldings, or any other fixture drilled into or attached to the floors, walls, or ceilings. (b) Installation of any locks or chain-guards. (c) Painting, wallpapering, or other decorations. (d) Installation of any equipment or wiring. (e) Change in the plumbing, cooking, air con- ditioning, electrical or heating systems. All changes or additions made without the Landlord's writteo consent shall be removed by the Tenant on demand. All changes or additions made with the Landlord's written consent shall become the property of the Landlord when completed and paid for by the Tenant. They shall remain as part of the House at the end of the Term unless the Landlord demands that the Tenant remove them. The Tenant shall promptly pay all costs of any permitted changes and additions. The Tenant shall not allow any mechanic's lien or other claim to be filed against the House. If any lien or claim is filed against the House, the Tenant shall have it promptly removed. 14. Fire and Other Casualty The Tenant shall notify the Landlord at once of any fire or other casualty in the House. The Tenant is not required to pay Rent when the House is unusable. If the Tenant uses part of the House for living purposes, the Tenant must pay Rent pro-rata for the usable part. If the House is partially damaged by fire or other casualty the Landlord shall repair it within a reasonable time. This includes the damage to the House and fixtures installed by the Landlord. The Landlord need not repair or replace anything installed by the Tenant. Either party may cancel this lease if the House is so damaged by fire or other casualty that it cannot be repaired within 90 days. If the parties cannot agree, the opinion of a contractor chosen by the Landlord and the Tenant will be• binding,on both parties. This Lease shall end if the House is totally destroyed. The Tenant shall pay Rent to the date of destruction. If the fire or other casualty is caused by the act or neglect of the Tenant, the Tenant's family or domestic employees, the Tenant shall pay for all repairs and all other damages. 15. Liapility of, Landlord and Tenant The Landlord is not liable for loss, injury, or damage to any person or property unless it is due to the Landlord's act or neglect.'The Tenant is liable for any loss, injury or damage to any person or property caused by the act or neglect of the Tenant, the Tenant's family or domestic employees. 16. Subordination to Mortgage This Lease and all renewals of this Lease shall be subordinate to all present and future mortgages on the House and grounds. In a sale of the House and grounds arising out of a court proceeding known as foreclosure, the holder of a mortgage on the House and grounds may end this Lease. The Tenant shall sign all papers needed to subordinate this Lease to any mortgage on the House and grounds. If the Tenant refuses, the Landlord may sign the papers on behalf of the Tenant. 17. Tenant's Letter At the request of the Landlord, the Tenant shall sign a letter stating that (a) this Lease has not been amended and is in effect, (b) the Landlord has fully performed all of the Landlord's agreements in this Lease, (c) the Tenant has no rights to the House, except as Mted in this Lease, (d) the Tenant has paid all Rent to date, and (e) the Tenant has not paid Rent for more than I month in advance. The letter shall also list all the property attached to the House which is owned by the Tenant. 18. Notices All notices given under this Lease must be in writing. Each party must accept and claim the notices given by the other. Unless otherwise required by law, they may be given by (a) personal delivery, or (b) certified mail, return receipt requested. Notices shall be addressed to the Landlord at the address written at the beginning of this Lease and to the Tenant at the House. 19. No Waiver The Landlord's failure to enforce any agreement in this Lease shall not prevent the Landlord from enforcing the agreement for any violation occurring at a later time.. 20. Survival If any agreement in this Lease is contrary to law, the rest of the Lease shall remain in effect. 21. Renewal Lease The Landlord must offer the Tenant a renewal lease to take effect at the end of the Term unless the Landlord has good cause as defined by law. The renewal lease may contain reasonable changes, including any change in the Term. If the Landlord must offera renewal lease, the Landlord shall notify the Tenant of the renewal lease at least 120 days before the end of the Term unless the tenancy is month to month. The Tenant must notify the Landlord of the Tenant's acceptance or rejection of the renewal lease at least 90 days before the end of the Term. If the Tenant fails to notify the Landlord of the Tenant's acceptance, it will be considered a rejection. If the Tenant does not accept the renewal lease, the Tenant must vacate the House at the end of the Term. * 22. Furniture If the House is leased in furnished condition, the Tenant shall maintain the furniture and furnishings in good order and repair. A list of the furniture and furnishings is attached to this Lease as"RiderA". The Tenant's signature on RiderA means that the list is accepted as correct and all items are in good condition. * 23. End of Term At the end of the Term the Tenant shall (a) leave the House clean, (b) remove all of the Tenant's property, (c) repair all damage including that caused by moving, and (d) vacate the House and return it with all keys to the Landlord in the same condition as it was at the beginning of the Term, except for normal wear and tear. If the Tenant leaves any property in the House. the Landlord may (a) dispose of it and charge the Tenant for the cost of disposal, or (b) keep it as abandoned property. 24. Binding This Lease is binding on the Landlord and the Tenant and all parties who lawfully succeed to their places their rights or take . 25. Full Agreement The parties have read this Lease. It'ctontains their full agreement. It may not bechanged except in writing signed by the Landlord and the Tenant. 26. Attorney Review I. Slug i, br Alrornel, The Tenant or the Landlord may choose to have an attorney study this lease. If an attorney is consulted, the attorney must complet hi view the lease within a three-day period, Thie s leaseor swillherberelegallyof binding at the end of this throe-day period unless an attorney for the Tenant or the Landlord reviews and disapproves of the lease. Signatures Witnessed or attested by: As to Landlord ks to Tenant 2• C°unrrng /fte i'?me. You count the three days from the date of delivery of the signed le*'se to the Tenant and the Landlord. You do not count Saturdays. Sundays or legal holidays. The Tenant and the Landlord may agree in Writing to extend the three-day period for attorney review.. 3. NolieeojDiaapprotbl. IfanattorneyfortheTenthe or theattorneyLanmusdltnord reviews and disapproves of this lease, the Broke otify the ndr(s)andtheotherpartynamed in this lease within the thre"ay period. Otherwise this; lease will be legally binding as written. The attorney must send the notice of disapproval to the Broker(s) by certified madil, by telegram, or by delivering it personally. The telegram or certified letter will be effective upon sending. The personal delivery will be effective upon delivery to the Broker's office. The attorney may also, but need not, inform the Broker(s) of any suggested revision(s) in the lease that would make it satisfactory. The Landlord and the Tenant agree to the terms of this Lease by signing below. If a party is a corporation, this Lease is signed by its proper corporate officers and its corporate seal is affixed. kk? I MMax A?Fahnestock ,andtord `ellk lloris E. Fahmstock LAMM \OVW asu,. s0ri 4z' Te a Intrrortlanr ni Prrparrr: // roll are nor 0 rrol cno/r broker or salesperson licensed br the A""' Jersey Real Estate Conniver-„ Rider A Attached to and made part of House Lease for premises located at 19 S. Baltimore Avenue, Mt. Holly Springs, PA 17065 dated March 11 x, 2010 by and between Sue Thompson and David Thcv pson, Tenants and Doris E. Fahnestock and Max A. Fahnestock, Landlords "and representatives". 1. 10 (d) Change to: Landlord will maintain the furnace. 2. Tenant shall not place or use any heavy furniture (such as water beds, safes, etc.) in the house without written permission of the Landlord. 3. 10 (b) Add: landlord will direct and assist in the maintenance of the grounds. Tenant will be co-responsible for grass mowing, snow removal and flower beds as required. 4. 8 Add: Landlord reserves the right to build, erect or alter the property (including house and grounds). Tenant shall be properly notified and Tenant's quiet enjoyment shall be maintained. 5. No pets are permitted without written permission. 6. House is to be maintained in "smoke free" condition. 7. 22 Add: Landlord has provided an Electric Range and Refrigerator for Tenant use. 8. Two sets of keys were provided Tenant and shall be returned at termination of Lease. G &r(Y vwc_ 14Z ze-P 9. Smoke detectors shall be maintained and kept in proper working order. 10. Tenant shall pay particular attention to paragraphs identified with a star. 11. Costs for Electricity, Oil, Water, Sewer and Trash shall be prorated between Tenant and Landlord during transition at start and end of lease to satisfy actual costs to Tenant and Landlord. 12. Tenant acknowledges that Landlord will not provide insurance coverage for Tenant's property, nor shall Landlord be responsible for any loss of Tenant's property, whether by theft, fire, acts of God or otherwise. 13. Tenant acknowledges that house and premises are in good repair and condition at time of occupancy. Tenant must, within seven (7) days of occupancy, inform Landlord in writing to any condition not meeting this standard. Rides- A Landlord Max A. Fahnestock Date Landlord rC._ Doris E. Fahnestack Date Tenant e ompson a Tenant v1_ Th meson 4DIZ Da Ye VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. Doris E. Fahnestock Max A. Fahnestock DORIS E. FAHNESTOCK and IN THE COURT OF COMMON PLEAS OF MAX A. FAHNESTOCK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 11-7589 CIVIL TERM V. W. SUE THOMPSON and DAVID THOMPSON, Defendants ANSWER AND Now, comes Defendants, Sue and David Thompson, Answers the Plaintiffs complaint as follows: ? == ' ADMITTED 1 r? u ' C) . ADMITTED 2 . 3. ADMITTED ?"'`L' ADMITTED 4 =c . 5. ADMITTED 6. ADMITTED ` 7. DENIED 8. ADMITTED 9. DENIED, Defendants vacated the property on July 31s'2011. Defendants gave a 30 day notice to Plaintiffs that we would no longer be living at the property. 10. ADMITTED 11. DENIED, Defendant do not agree the amount of $507.47 is owed. 12. ADMITTED 13. DENIED, Electric bill is in Defendants name, not the Plaintiffs. 14. ADMITTED 15. DENIED 16. DENIED, Defendants have no information that this statement is true. 17. DENIED Wherefore, Defendants respectfully requests this Honorable Court to dismiss this action. Respectfully, Sue Thompson David 6mpson t)(kk<i OQ 'T 11Z ?p- Pro se IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Doris E. Fahnestock and Max A. Fahnestock 7589 CiVil 2011 Plaintiff N0. vs. -n ry .. M =71 rn Sue Thompson and David Thompson + Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in ! co ti Following form: " PETITION FOR APPOINTMENT OF ARBITRATORS ' t TO THE HONORABLE, THE JUDGES OF SAID COURT: Katie J. Maxwell, Esquire, , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 5,064.88 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: w - Manson Law Offices r 1 N -71 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrato- whom the case shall be submitted. CD r N n ?. Respectfully submitted, c7 Martson Law Of is =C71 ? rv ??2 By: atie J axwell , ORDER OF COURT AND NOW, 209A1 i consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned a ion (or actions) as prayed for. ke,4, -e MeLx welt By the Court, Kevin A. , P.J. c# a s?os- 0.2 ?045'2 Pa h s C ?-ak hesfoc a4AJ ?'ta.X ffl . ?a?r nest laintiff Svc, rY\Qg n n v ' T-?n Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. ?_- Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United and the Constitution of this CommonvYealth and that we will discharge the duties of our office with fid( Name (Chairman) Name c '?a u It s Law 060-1 5 J s !I 1/ Pis Law Firm VO fox [ ?Z? al f5 r) INN Law Firm 1 z? S??eP? Ste 05-A. Address Address C (,-,I c sly , 01City, Zip Award Name Law Firm Address City, We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the foil, award: (Note- I es for delay are awarded, they shall be separately stated.) IQeCowt rrc?a -- P1c? "? n ?G\c PNOW Pas- Dv G ?4 s -7- 60 Pns+ Duc 04T I ?+?s SO-7,00 1P Est Clue ?1 c e- a 5 t. Uo itrator, dissents. (Insert name if aF 10?? ? SO ?O ?: ao 410 Date of Hearing: ( 2-0 12- \j \-?Ot Date of Award: T 2-o ( Z Notice of Entry of Award Now, the 31 day of 20 /.Z , at d' ?'/ , t M., the -41ad award was entered upon the docket Q notice thereof given by mail to the parties or their attorneys. Arbitrat ' c mpen tion to be paid upon appeal: $ Prothonotary 3 Cemo?P A )703 City, Zip y>10 SV By: ?o v?1ct&^?S ,: Deputy i tW J fi'r' i t, 2812 JUL 31 Pty 2 24 CUM KLAN COUNT to P 14SYLVANIA . ,ejr?