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HomeMy WebLinkAbout12-1141Christopher E. Rice, Esquire t - T" PRO, HONOT;., MARTSON LAW OFFICES 2012 FEB 23 AM g: 21 I.D. No. 90916 CrJMBERI-nND COUNTY Ten East High Street Carlisle, PA 17013 PENNSYLVANIA (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and : IN THE COURT OF COMMON PLEAS OF JOYCE A. RAUDABAUGH, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No. 2012 - 1 y r CIVIL TERM NIKKI STEINBAUER and DEAN STEINBAUER, 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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, PA 17013 (717) 249-3166 u ? acfi,, F:\FILES\Clients\4920 Raudabaugh\4920.151 Steinbauer\4920.151.com Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs V. NIKKI STEINBAUER and DEAN STEINBAUER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2012 - CIVIL TERM COMPLAINT 1. Plaintiffs, David J. Raudabaugh and Joyce A. Raudabaugh, are adult individuals residing at 60 Sunnyside Drive, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant, Nikki Steinhauer, is an adult individual with a last known address of 2106 Arthur Court, Traverse City, Michigan 49685. 3. Defendant, Dean Steinbauer, is an adult individual with a last known address of 2106 Arthur Court, Traverse City, Michigan 49685. 4. On or about February 21, 2008, Plaintiffs and Defendants entered into a written residential lease agreement ("Residential Lease") whereby Defendants agreed to rent the premises at 132 Sable Drive, Carlisle, Cumberland County, Pensylvanial7013 ("Premises"). A true and correct copy of the Residential Lease is attached hereto as Exhibit "A" 5. The Residential Lease ended on or about March 1, 2010. 6. After an inspection of the Premises, Plaintiffs determined that Defendants caused damages in the amount of $967.19. See list of damages attached hereto as Exhibit "B". 7. Defendants have failed and refuse to pay the outstanding charges as stated above. 8. Pursuant to the Lease Agreement, Defendants are indebted to the Plaintiff for damages as stated above, plus costs of suit and attorney fees. 9. Defendants have breached the lease for the reasons stated above. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in the amount of $967.19, plus costs of suit, interest, any additional damages discovered hereafter, and attorney fees in the amount of $500.00. Date: MARTSON LAW OFFICES By C/? ? ' S '/( Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for David and Joyce Raudabaugh. Any information obtained will be used for that purpose. EXHIBIT "A" RESIDENTIAL LEASE This LEASE made as of the day oG?i?y , 200_, by and between DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH of 60 Sunnyside Drive Carlisle, P,erpsylvania 17015 (collectively, "Lessor") and ? - j, Pennsylvania (collectively, "Lessee"). 1. PREMISES: Lessor leases to Lessee only, and Lessee leases from Lessor that certain lot of ground with improvements erected thereon known as Sable Drive, Carlisle, Pennsylvania (the "Premises"). 2. TEPM: The term of this Lease shall be for year, commencing on ,=) and ending (the "Term' Thereafter, the term will be month-to-month and rent will be due on the /s' day of each month. 3. RENT/SECURITY DEPOSIT: Rent for the Term of this Lease shall be $ J?1?&) , payable in full on the /-"-' day of each month during the Term. All rental payments shall be made to Lessor at the address specified above. Lessee's obligation to pay rent and additional rent for the entire term hereof shall be absolute, without regard to the exercise of any of Lessor's remedies in the event of any default of Lessee, including Lessor's right to terminate this Lease. In addition to the e_nt and upon signing this Lease, Lessee shall pay to Lessor a security deposit in the amount of $.?C• which shall be held by Lessor the while the Lease is in effect. 4. LATE PAYMENT: In the event that Lessor shall not have received a monthly installment of rent by the 5th day of each month, a late charge of Twenty-Five and 00/100 Dollars ($25.00) shall be paid by Lessee to Lessor in addition to such monthly installment. In the event that Lessor shall not have received a monthly installment of rent by the 15th day of the month next following, a late charge of One Hundred and 00/ 100 Dollars ($100.00) shall be paid by Lessee to Lessor in addition to such monthly installment. 5. ADDITIONAL RENT: All obligations, charges, costs and expenses that Lessee assumes or agrees to pay hereunder, together with all interest and penalties that may accrue thereon in the event of the failure of Lessee to pay or perform those items, and all other damages, costs, expense and sums that Lessor may incur or that may become due by reason of any default of Lessee or failure of Lessee to comply with the terms and conditions of this Lease shall be deemed to be additional rent, and, in the event of nonpayment, Lessor shall have all the rights and remedies as herein provided for failure to pay rent. 6. OPTION TO PURCHASE: Lessee is granted an option to purchase the Premises until the expiration of the Term. If the option is not exercised by that time, it shall be terminated automatically. If Lessee decides to exercise the Option, Lessee must notify Lessor in writing sixty (60) days in advance of the expiration of the Term of such intent, along with a proposed closing date, ** 4o % OF ?(ENT ?CMMD UIZLL aC dY 16D TO CLOSZNq COST dT 11M6 Of SCTTL(EMNT *** which shall be no later than the expiration of the Term ("Closing"). After the option has been exercised, but before the Closing, Lessee shall continue to make the rent payment when due. The Purchase Price for the Premises is $ / 74. 900.00 . The Purchase Price shall be paid by Lessee by immediately available funds or wire transfer at closing. Closing shall occur at the offices of Martson Law Offices at 10 East High Street, Carlisle, PA, or any other mutually agreeable location. Real estate taxes shall be prorated on the basis of the applicable taxing period as of the Closing Date. Realty transfer taxes shall be paid in equal shares by Lessee and Lessor. Costs of recording the deed(s) for the Premises, notary fees and title insurance premiums shall be paid by Lessee. Each party shall be responsible for its own closing costs and for the fees or charges of such parties' respective counsel. Lessor agrees to convey the Premises by special warranty deed good and marketable title in fee simple, insurable at regular standard rates by any reputable title insurance company chosen by Lessee pursuant to the standard ALTA Owner's Title Insurance Policy Form, free and clear of all liens, encumbrances and restrictions, except only those as specifically accepted in writing by Lessee. Lessee agrees that if any sales or broker service fees are incurred by Lessee, Lessee will be solely responsible for the same. 7. LESSEE IMPROVEMENTS: Lessee shall not improve or alter the Premises in any manner without the prior written consent of Lessor. 8. TAXES: Lessor shall pay all taxes assessed against the Premises by any taxing authority during the Term of this Lease. 9. UTILITIES: Lessee shall be solely liable for all utility charges as the same become due during the Term of this Lease, including, but not limited to, oil, electric, water and sewer, and trash. Lessee is also responsible for snow removal and lawn care as required by local ordinance or state law. 10. INSURANCE: Lessor shall carry insurance on the real property and Lessee is responsible to obtain insurance on any and all personal property of Lessee on the Premises. 11. UNLAWFUL OR DANGEROUS ACTIVITY; MAINTENANCE; OBSERVANCE OF LAWS AND REGULATIONS : Lessee shall neither use nor occupy the Premises for any unlawful, disreputable or hazardous purpose nor in any manner constitute a nuisance of any kind. Lessee shall, immediately on the discovery of any unlawful, disreputable or hazardous use or use constituting a nuisance, take action to halt such activity. Lessee shall maintain the lawn and yard as well as attending to the removal of snow and ice from the sidewalks abutting the Premises and shall observe all applicable laws and regulations. No pets of any kind shall be permitted on the Premises. 12. DEFAULT OR BREACH: Each of the following events shall constitute a default or breach of this Lease by Lessee : -2- A. If Lessee shall fail to pay any rent or additional rent when the same shall become due and shall not make such payment within fifteen (15) days of such due date. In such event, this Lease shall automatically terminate and, notwithstanding anything to the contrary herein, Lessee shall pay to Lessor all remaining unpaid rent for the remainder of the term. B. If Lessee shall fail to perform or comply with any of the terms and conditions of this Lease and if the nonperformance shall continue for a period of ten (10) days after notice thereof by Lessor to Lessee of, if the nonperformance cannot reasonably be had within the ten (10) day period, Lessee shall not have commenced performance within the ten (10) day period and shall not diligently proceed to the completion of performance. C. If Lessee shall vacate or abandon the Premises. D. If this Lease or the estate of Lessee hereunder shall be transferred to or shall pass to or devolve on any person or entity, except in the manner authorized herein. 13. EFFECT OF DEFAULT; LESSOR'S REMEDIES: In the event of any default hereunder (except under paragraph 12A. hereof), the rights of Lessor shall be as follows: A. Lessor shall have the right to cancel this Lease upon thirty (30) days notice to Lessee. Upon expiration of the notice period, all Lessee's rights hereunder shall terminate. B. Lessor may elect, but shall not be obligated, to make any payment required of Lessee herein or comply with any condition required to be performed by Lessee, and Lessor shall have the right to enter the Premises for the purpose of correcting any such default and to remain until the default has been corrected, but any expenditure for any such correction by Lessor shall collectable by Lessor as additional rent and shall not be deemed to waive or release the default of Lessee or the right of Lessor to take any action as may be otherwise permissible hereunder in the case of any default. C. Lessor may reenter the Premises immediately and remove the property of Lessee and store the property in any place selected by Lessor at the expense of Lessee. After reentry, Lessor may terminate this Lease on giving fifteen (15) days written notice of such termination. On termination, Lessor may recover from Lessee all damages proximately resulting from the breach, including the cost of recovering the Premises, and all rent and additional rent for the remainder of the Term in the absence of the termination, which sum shall be immediately due from Lessee. Lessor's reletting of the Premises shall in no way diminish Lessee's liability for rent for the entire Term. 14. ACCESS TO PREMISES: Lessee shall permit Lessor or Lessor's agent to enter the Premises at all reasonable times to inspect the Premises or make repairs that Lessee may neglect or refuse to make in accordance with the terms hereof, and to show the Premises to prospective buyers. -3- 15. QUIET ENJOYMENT: Lessee shall have possession of the Premises free from disturbance by Lessor so long as Lessee shall performs the conditions hereof. 16. RENT ABATEMENT: No abatement or reduction of rent shall be claimed by or allowed to Lessee under any circumstances. 17. WAIVERS: The failure of Lessor to insist on the strict performance of any term hereof shall not be deemed a waiver of any other or later breach of any condition hereof. 18. REPRESENTATIONS AND WARRANTIES: At the commencement of the Term Lessee accepts the Premises in their existing condition and state of repair, and Lessee agrees that no warranties or representations, express or implied, have been made by or on behalf of Lessor except as contained herein. 19. NOTICES: All notices to be given hereunder shall be given in writing by certified or registered mail, return receipt requested, to the addresses set forth herein. 20. ASSIGNMENT OR SUBLEASE: Lessee shall neither assign this Lease nor sublet the Premises to any person or entity without the written consent of Lessor in each instance. Only those person(s) named as Lessee herein shall occupy the Premises. 21. RULES AND REGULATIONS: Lessee agrees that the regulations attached to this Lease are incorporated herein by reference and shall be binding upon the Lessee. Any breach thereof shall give rise to the remedies set forth in Paragraph Twelve hereof as provided for in the event of default. 22. TOTAL AGREEMENT; BINDING EFFECT; APPLICABLE LAW; SEVERABILTTY; JOINT AND SEVERAL LIABILITY: This Lease contains the entire agreement of the parties and shall not be modified except in writing signed by all the parties hereto. This Agreement shall bind the heirs, successors, legal representatives and assigns of the parties and shall be interpreted in accord the laws of the Commonwealth of Pennsylvania. If any provision hereof shall be found to be invalid, the remaining portions shall continue in full force and effect. If Lessee shall be more than one person, both or all shall be jointly and severally liable for the performance of all terms and conditions hereof. 23. TIME OF THE ESSENCE: Time shall be of the essence of all provisions hereof. 24. MISCELLANEOUS: a. All trash shall be maintained in plastic trash bags and then only maintained in a depository or can. They shall be emptied regularly and shall not be stored. on the carpet of the Premises. -4- b. Any wall hangings shall be only in the manner approved by the landlord who shall be given notice of the intention to hang anything on the walls. In no event shall anything be fastened permanently to the walls. c. No water beds are permitted on the Premises. d. No kerosene heaters are permitted on the Premises. e. No more than two motor vehicles are permitted to be on the Premises. f. No more than two people may reside on the Premises, which consists of the Lessor. Intending to be legally bound hereby, the parties have executed this Lease as of the day and year first above written. WITNESS: LESSOR: WITNESS: LESS L "5" 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 I make knowingly false averments, I may be subject to criminal penalties. ,2f David J. Raudabaugh 0 'i pct ;Zcr- %Jo e A. Rauda augh F:\FILES,Clients\4920 Raudabaugh\4920.151 Steinbauer\4920.151.com F:IFILES\Clients\4920Raudabaugh\4920.151 Steinbauer\4920.15Las Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs V. NIKKI STEINBAUER and DEAN STEINBAUER, Defendants LJr THE F'F,I1THON - 'BIZ MAR 15 AN lo- L rUtjBERLh, mU COUh' PENNNsYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2012 - 1144 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in the above captioned matter was mailed to Dean Steinbauer and Nikki Steinbauer, 2106 Arthur Court, Traverse City, Missouri 49685, by certified mail, restricted delivery, return receipt requested. Attached are the Post Office return receipts signed by Dean Steinbauer and Nikki Steinbauer and dated March 6, 2012, with attached receipts of costs totaling $21.20. MARTSON LAW OFFICES By C Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscri ed before me this /S day of March, 2012. k-A (;?)? No blic ¦ Oompkb ferns 1, 2, and 3. Also complete Man 4 if ReefaicMed D*My Is dseMed. ¦ Pr'1t your name end address on the reverse so ttiat we can rewm the card to you. ¦ AAAach ttds card to the back of the mallpiece, or on the front if space Permits. juaM? 0 Apent 1. Article Addressed to: ??g TOV- lo delivery address ditm. from Poem 1? 0 Yes if YES, enter delivery address below: 0 No 3. Servlos lype g Mau 0 Express mail ReaMMed a PAtum Receipt for MerdMM11106 O klarad Mal E3 f,`DA Flerlpielndit9 wh+lflMOrifirni 4. 2. /bllelaRNlnrt w 7 011 2000 0001 2522 5554 (look awarMo.Nrba? ------------------- - - --- --- -- P!y Framer 1, AMMy 2004 Doereelks PAU. Raosipt ? ¦ Qwapkile Mama 1, 2, mrd 3. Also complete Mem 4 If Restricted DeUrery la'ne's'. ¦ P*4 Yom name and address on the reverse so brat we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front K space permits. 1. Adicde Addressed to: ",Jed f MI Y 9i xN{ ya-li by f i?rnel C. Dads of Delivery rV S inbGlll?f' 3-ra-f Z. D. Is delivery address differm. from Poem 1? 0 lira if YES, enter delivery address below: 0 No P` ?e Iwo run.a fan a Mau ? Rawness' O Realm Rsodpt for Momhrrnlse [] Manned Md 13 CAM 4 r car A ,rwrr 2. A dde! r v*w (16awkwawrAra r011 2000 0001 2522 5387 Ps Farm 38'11, Fibruwy 2004 Domestic Patum Receipt taeaes ae?le?o Dean P. Steinbauer and Nikki J. Steinbauer (Defendants) 2263 E. 2 Y Rd Kingsley MI - -.r 49649. = ' -J vs David J Raudabaugh and Joyce A. Raudabaugh (Plaintiffs) Case No.2012-1141 Civil Term. This is in regards to being sued by the said plaintiffs. This is a written appearance by the defendants personally to the courts. COMPLAINT BY PLAINTIFF Complaints 1 through 5 are true statements. After the lease from 2010 expired we asked for either a month to month lease or a yearly lease. No lease ever turned up for 2011. So for 14 months there was no valid rental contract (from March 1S`, 2010 to May 15`, 2011). Complaint 6: Plaintiff is stating that we caused $ 967.19 worth of damages. The list of damages that were to be listed as "Exhibit B" was not included with the paperwork as stated, however we obtained the original copy that was sent to us and we disagree with many of the stated charges. *$925.00 was the stated amount for repainting of 5 rooms, which given the time we occupied the residence it would have had to be repainted anyways since the paint that was originally used was a contractor grade flat paint which holds dirt and fingerprints. The areas that were the original off white paint were dingy and very dirty and even though we tried to clean, it was not "washable" paint. So the whole premises would have had to be repainted anyways. Although we did repair ALL holes by pictures we had hung. *$200.00 was listed as cleaning, yet I have several witnesses (those who were there to help us) that we cleaned the entire house (with the exception of the oven and microwave which we forgot). *$135.00 was listed as charges of replacing 2 damaged stair treads caused by our puppy chewing it, yet it was not the entire treads needing replaced, it was just the bullnose trim side of the tread and not the entire tread itself. And in addition to that when we got the puppy the plaintiffs charged us an additional monthly fee of $50.00 to cover any damages caused by the dog. We were there for 3 years totaling $1800.00 which is more than enough to cover the stair treads and stain. *Utilities: Those are not necessarily the concern of said plaintiffs, and those bills will be handled with those companies outside of this complaint. There is nothing stating that if the money is paid to plaintiffs for those utilities that it would go towards those outstanding balances. Complaint 7: We never refused to pay the outstanding charges. We had a conversation with Christopher Rice stating to him that we would pay $ 400.00. Chris stated to me that he would run this by his client. After that we never heard back from him. Complaint 8: Defendants were willing to work with the plaintiffs to come to a reasonable decision , however with the lack of a Lease for the rest of 2010 and beginning of 2011 and the fact that we are now disputing most of the charges, we feel we are not indebted to the plaintiffs. Complaint 9: Defendants have not breached the lease for any of the stated reasons because there was no valid or current lease agreement and hadn't had one for 14 months before we moved out. Therefore we the defendants Dean P. Steinbauer and Nikki J. Steinbauer are not willing to pay the amount stated of $967.19 plus cost of suit, interest, any additional damages discovered hereafter, and attorney fees. We feel that the $1800.00 of pet fees we paid over the 3 years plus our $850.00 security deposit is more than enough to cover said damages. If by chance this suit ends up in front of a court we will be seeking money for lost pay from work to come here when we live 12 hours away. We will also be seeking toll charges, mileage, and gas paid from defendants address. We will also be seeking lodging reimbursements in return. Dean Stein er / Nikki Steinbauer C