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HomeMy WebLinkAbout12-2937COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of 6 &4_0vb e-11" NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. p NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. ©R- 3-01 050 -Icy-2012 IN VA?S- (3q-601-- CV-cPCOcV55 - 2012- This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. sowtun of Promondwy - Deputy ve if aDDOant was Claimant No. 7007(6) to before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in 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 appellee(s), to file a complaint in this appeal f Norm of appeMee(s) (Common Pleas No. 3 7 C%t'I) within twenty (20) days after service of rule or suffer entry of judgment of non pros. of appellant or aMwney oragent 11 sowle RULE: To ?? U??5 appellee(s) me of appeMee(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 MAY BE ENT ?ED AGAINST YCILIA ? t (3) The date of service of this rule if service was by mail is the date of the mailing. _01 J ?. /? I Date: (} , 20 / rZ Signahxe o!P?otlronofary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (iQ) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail; sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of afrant Signature of official before whom affidavit was made True of official My commission expires on 20 U- _ CD c >-. z = u uj vtp CZJ COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-01 MDJ Name: Honorable H. Anthony Adams Address: 35 West Orange Street Shippensburg, PA 17257 Telephone: 717-532-7676 Michelle J Bigler 6 Meadow Creek Lane Mechanicsburg, PA 17050 Disposition Summary Henry \N Thissen V. Michelle J Bigler Docket No: MJ-09301-CV-0000055-2012 Case Filed: 3/15/2012 Docket No Plaintiff Defendant Disposition Disposition Date MJ-09301-CV-0000055-2012 Henry W Thissen Michelle J Bigler Judgment for Plaintiff 04/10/2012 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Henry W Thissen $0.00 $0.00 $0.00 Michelle J Bigler $0.00 $2,478.16 $2,478.16 Judgment betail ('Post Judgment) In the matter of Henry W Thissen vs. Michelle J Bigler on 4/10/2012 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,364.66 $2,364.66 Filing Fees $0.00 $113.50 $113.50 Grand Total: $2,478.16 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR 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. Date Magisterial District Judge H. Anthony Adams » certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 04/10/2012 10:13:17AM Henry W Thissen Docket No.: IVIJ-09301-CV-0000055-2012 V. Michelle J Bigler Participant List Plaintiff(s) Henry W Thissen 2174 Ritner Highway Shippensburg, PA 17257 Defendant(s) Michelle J Bigler 6 Meadow Creek Lane Mechanicsburg, PA 17050 MDJS 315 Page 2 of 2 Printed: 04/10/2012 10:13:17AM r -. Z --C r ?rrt ? ? ' r = c ) * G 3 C -r =CD y, N ? 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ;ss AFFIDAVIT: 1 hereby (swear) (affirm) that I served (L`? a copy of the Notice of Appeal, Common Pleas j4-;43 7, upon the District Justice designated therein on (date of service)-, 2012 , I by personal service ? by (certified) (registered) mail, sender's receipt att? hereto, and upon the appellee, (name) f his e n , on I i y1U 20 ? by personal service (r by certifie (registered) mail; sender's receipt attached hereto. (SWORN) (AFFIRMED) ANDS SCRIBED BEFORE ME TAS X60 a Si ture of officiai.before wfioWt aff vit was made -AAA Titfe of official Signature ofaffiant My commission expires ,,on 20 My 1 n a dIR IN HENRY W. THISSEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 12 - 2937 CIVIL TE& -erg a` ? ° r ir- rn W ( MICHELLE J. BIGLER, Defendant ---4 C) 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 Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 HENRY W. THISSEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COtTNTY, PENNSYLVANIA v : NO. 12 - 2937 CIVIL TERM MICHELLE J. BIGLER, Defendant COMPLAINT Plaintiff, Henry W. Thissen, by and through his attorneys, Turo Robinson Attorneys at Law, alleges the following: Plaintiff, Henry W. Thissen, an adult individual, resides at 2174 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant, Michelle J. Bigler, an adult individual, resides at 6 Meadow Creek Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. Plaintiff is the owner of real property and a dwelling located at 21 Cleversburg Road, Shippensburg, Pennsylvania 17257, (the "Premises"). 4. On December 10, 2011, the Plaintiff entered into a Residential Monthly Lease Agreement (the "Lease") with Defendant in which Defendant ("Tenant") leased the Premises from Plaintiff ("Landlord") for an initial term of December 1, 2011 to January 1, 2012, which term would automatically renew each month unless terminated in writing. See Exhibit A attached hereto and made a part hereof. 5. The Lease provided that Landlord would retain a security deposit of $600.00, which amount was paid to Landlord by Tenant. The Lease further expressly states that "NOTE: SECURITY DEPOSIT MAY NOT BE USED TO PAY RENT!' 6. Under the terms of the lease, the Tenant was required to give the Landlord written notice of Tenant's intent to terminate at least 2 months in advance. See Exhibit A, Page 1, Paragraph 1. 7. On or about January 12, 2012, Defendant informed Plaintiff by telephone that she was moving from the premises at the end of the month. No written notice was provided, in violation of the Lease. Plaintiff has the right to rental payments in the amount of $600.00 per month for those two (2) months for which written notice was required, for a total of $1,200.00. 9. Under the terms of the Lease, the Tenant agreed to pay an additional $50.00 monthly for each other person who shall occupy the Premises. See Exhibit A, Page 1, Paragraph 4. 10. Plaintiff discovered that Kayleen Foster, Defendant's son's girlfriend, also occupied the premises during December 2011, and Plaintiff assesses the $50.00 fee as provided in the Lease. 11. The Lease states that Tenant accepted the Premises in "move-in clean" condition and required that it be in "move-in clean" condition when returned to Landlord or allows for Landlord to assess a "special cleaning charge" of $125.00. 12. The Lease provided that Tenant is responsible for all utilities, and expressly stated that the propane tank was full at the start of the Lease and would be auto-filled as needed. 13. Plaintiff had the propane tank re-filled promptly upon inspection of the Premises after Defendant's departure, which propane cost Plaintiff $452.42, the value of propane used by Defendant. 14. Page 3, Paragraph 4 of the Lease specifically states "Tenant agrees not to permit any damage to the premises during the period of this agreement to woodwork, floors, walls, furnishings, fixtures, appliances, windows, screens, doors, lawns, landscaping, fences, plumbing, electrical, air conditioning and heating, and mechanical systems." 15. Upon inspection of the Premises after Defendant's departure, Plaintiff discovered that Defendant left considerable damage for Plaintiff had to repair, which damage included cigarette burns to the carpet, and defacing and damage to walls, ceilings and doors. 16. Replacing the carpeting cost Plaintiff $1,250.00, repairing the walls and doors cost Plaintiff $596.00, and repainting the walls and ceilings cost Plaintiff $480.00. Plaintiff's total cost for these repairs was $2,326.00. 17. The Lease provides that Tenant is responsible for the first $75.00 of any service calls for Heating, Air Conditioning or Pluming (sic) Repairs, See Exhibit A, page 4. 18. During Defendant's tenancy in the Premises, three (3) service calls were made for the heating and air conditioning systems, for which Plaintiff assessed Defendant $75,00 each, for a total of $225.00 19. In addition to the physical damage, the Premises were generally filthy and required considerable cleaning, for which Plaintiff is exercising his right under the fifth paragraph of the Lease and assessing a $150.00 special cleaning charge. 20. Defendant did not return her keys or provide a forwarding address. Plaintiff was forced to change the locks at an additional expense of $60.56. 21. On March 15, 2012, Plaintiff filed a Civil Complaint with the Honorable H. Anthony Adams concerning these fees and damage, for which Plaintiff incurred cost of $113.50. 22. Plaintiff understands that his claim falls within the compulsory arbitration limits and will request arbitration upon completion of the pleadings. WHEREFORE, Plaintiffrequests this honorable court to grant judgment in his favor, and against Defendant, for the reasons stated above in the amount of $3,977.48, which includes all costs and fees indicated above less the security deposit retained by Plaintiff. Respectfully Submitted, TURO ROBINSON ATTORNEYS AT LAW ~ ~ l~ Date J ne M.Robinson S eme Ct. No.8 33 129 South Pitt Stre t Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. -~lal~~ Date T1 Residential Monthly Lease Agreement THIS LEASE AGREEMENT is made and entered into this 1 ~ day of ~ e.eetnbec' , 20 f~, by and between HENRY W. THISSEN 2174 Ritner Highway, Shippensburg, Pa. 17257., hereinafter referred to as "Landlord" and (Y1tC~l~r ~ ~ ~~~~ ,hereinafter referred to as "Tenant". Landlord leases to Tenant and Tenant leases from Landlord, upon the teams and conditions wntained herein, the dwelling located at 21 Cieversburs Road , Shiooeasbur¢ . Pa. 17257, for the period commencing on the 'I day of p P,c~t+a~,201 t ,and thereafter until the ( day of,j~.u~,,y 20 (~, at which time this Lease Agreement shall automatically renew each month unless terminated in writing. The Tenant is required to give the Landlord in -vriting u notice 2 nwnths (60 days) in advance ofhis/her moving. Notice neust be given on the.~rst day of the month. If notice is given after the first day of the month, the 2-month (6U-day) notice will raot star? until the first duy of the follotiving month. (The notice must be two full calendar months starting on the/'first day of a month.) Tenant shall pay as rent the sum of $ 600.00 per month, due and payable monthly, in advance, no later than 5:00 p.m. by the first day of every month. Tenant further agrees to pay a late charge of $ 5.00 for each day rent is not received after the first of the month payable to the Landlord regardless of the cause, including dishonored checks, time being of the essence. An additional Service Charge of $ 20.00 will be paid to Landlord for all dishonored checks. Tertartt will he resparsibl~ for all minor maintenance of the premises Tenant agrees to vm~ for anv repairs to mobile home caused either by them ur any guests they might have visit. Tenant agrees to use said dwelling as living quarters only for 1 adults and 1 child namely: rY1tC.t1-.4~Ei 13~-~l,.Ee_ NO FETS OFANY%IND ~ Tenant also agrees to pay $50.00 additional each month for each other person who shall occupy the premises in any capacity. x Tenant agrees to accept the property in its current "move-in clean" and to return it in a "moving-in clean" condition, or to pay a special cleaning charge of $150.00 upon vacating the premises. New carpets and linoleum were installed in September of 2009 and are to be professionally cleaned upon termination of lease. If you prefer that the Landlord have the carpets cleaned for you, the charge will be billed to you. Carpet cleanuig costs are ni addition to cleanng charge. Tenant will be responsible for payment of all u ' 'ti s. Propane or other bills incurred during the term of this Lease are the sole responsibility ofthe tenant. Propane tank is foil at the start of this lease and will be auto-filled when needed. Tenant will be required to pay propane bill within 60 days from date of delivery. ( copy of bill will be provided to tenant} No rights of storage are given by this Agreement. Landlord shall not be liable for any loss of Tenant's property by fire, theft, breakage, burglary, or otherwise, nar for any accidental damage to persons or property in ar about the teased premises resulting from elec,-trical i'ailure, water, rain, windstorm, etc., which may cause issue or flow into or from any part of said premises or improvements, including pipes, gas lines, sprinklers, or electrical connections, whether caused by the negligence of Landlord, Landlord's employees, contractors, agents, or by any other cause whatsoever. Tenant hereby agrees to make no claim for any such damages or loss agauist Landlord. Tenant is responsible to purchase renter's insurance for their personal belon ig_nas Landlord is to be named as additional insured. a EXHIBIT A IMPROVEMENTS TO PROPERTY -Any improvements to the property made by tenant inside or out must not be removed without written permission from tla? landlord. This includes landscaping, scrubs, flowers, walkways, out buildings such as storage sheds and playhouses, etc. Any interior improvements the tenant may have made to the property must also remain. Improvements such as but not limited to the following are installation of bookshelves, shelving, light fixtures, etc. Any removal of Landlord's property without express written permission from the Landlord shall constitute abandonment and surrender of the premises and termination by the resident of this Agreement. Landlord may take immediate possession, exclude Tenant from property and store all Tenants' possessions at Tenant's expense pending reimbursement in full for Landlord's loss and damages. Landlord has the right of emergency access to the leased premises at any time and access during reasonable hours to inspect the property or to show property to a prospective tenant or buyer. In the event that the property is sold, the lease/rental agreement betwe~ Landlord and Tenant is canceled on the date the new owner takes possession of property. Tenant has thirty days to vacate the property or sign new lease with new owner at new owner's option. Tenant agrees to pay a Security Deposit of S X00.00 to bind Tenant's pledge of fiili compliance with the terms of this agreement. NOTE: SECURITY DEPOSIT MAY NOT Bjg USED TO PAY RENT! Any damages not previously reported will be repaired at Tenant's expense. Release of the SECURITY DEPOSIT, at the Option of the Landlord is subject to the provisions below PROPANE Bl1L MUST BE PAID IN FULL A. The full terms of this Agreement has been completed. B. No damage to the premises, buildings, grounds is evident. C. The entire dwelling, appliances, closets, and cupboards aze clean and free of insects, the refrigerator is defrosted and clean, The range is clean including the racks and broiler pan, all windows aze clean inside and outside, alt debris and rubbish have been removed from the property, carpets have been commercislly cleaned and left clean and odorlg4s. D. All unpaid charges have been paid including any late charges ,delinquent rents, etc. E. All keys have been returned. (6) F. A forwarding address for Tenant has been left with the Landlord. Within thirty (30) davs after terminates of the occupancy. the Landlord will mail the balance of the Seeurity Deposit to the address provided by Tenant th the names of all signatories hereto: or the Landlord will impose a claim on the depgsit and so aotif'v the Tenant. G. The acceptance by Landlord of partial Qavmee of rest due shall cot, under any cireumsbnces. constitute a waiver of Landigrd,, nor affect acv notice or legal jlr~eedirR in nnlawfal detslner theretofore given or commenced under sbte law Acceptance of„ wrtial rent due or 4te payments does not create a custom nor constitute a c~tinuing waiver of the obii,@i~pay on time. No paymant by the tenant ar receipt by the landlord of any amount of the monthly rent herein stipulated shall be deemed to be other than on account of the stipulated rent, nor shall any endorsement on any check or any letter accompanying such payment of rent be deemed an aced and satisfaction, but the landlord may accept such a partial payment without prejudice to his rights to collect the balance of such rent. If tenant leaves said premises unoccupied for 15 days while rent is due and unpaid, Landlord is granted the right hereunder to take immediate possession thereof and to exclude Tenant from; removing all Tenant's property contained therein and placing it into storage at Tenant's expense. Payment of rent may be made by check until the first check is returned unpaid. Regardless of cause, no additional payments may afterwards be made by check. Rent must then be made by cash ,cashier's check, money order or certified check. Rent may be mailed through the United States Postal Service at Tenant's risk. Any rents lost in the mail will be treated as if unpaid until received by Landlord. Tenant agrees, without protest, to reimburse Landlord fm all actual and reasonable expenses incurred by way of Tenant's violation of any term or provision of this lease, including, but not limited to $10.00 for each Notice to Pay, Notice to Quit or other notice mailed to Tenant ,all court costs and attorney's fees and all costs of collection. IBot1b Laedlord and Teeaat waive trial by iurv and agree to shit to the personal ipriadiction and verse of a coot of snbiect e~atter 3urisdiation , CmaberlaRd Coanty .1Penpavlit+ania ,17257 In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action accrued. Tenant agrees to accept said dwelling and all of the furnishings and appliances therein as being in excellent condition unless a written statement of any objections is delivered to Landlord within three (3) days after Tenant takes possession. Tenant agrees that failure to file such statement shall be conclusive proof that there were no defects in the property. Teuaat sQrees ~t to oersait ~t!_ to liae area dgr~ the period ~ ~ aa~ent to w ~i,~wal~. as windows. ecreeee. doors. lawns. irs~ei~~_ le~ee~ olectrkal. air eor~iosdee ~~ aed avstesos. Tenant specifically agrces that he will be responsible for, overflow of water or stoppage of waste pipes, breakage of glass, damage to screens, deterioration of lawns and landscaping whether caused by drought, abuse or neglect. Tenant agrees not to park or store a motorhome, recreational vehicle or pop-up or any trailer or to park any type vehicle on lawn. Parking in driveway only. Tenant's obligations are as follows: Take affirmative action to insure that nothing is done which might place Landlord in violation of applicable building, housing, zoning, and health codes and regulations. Keep the dwelling clean and sanitary, removing garbage gad trash as it accumulates, maintaining plumbing in good working order to prevent stoppages and leakage ofplumbing fixtwes, faucets, pipes, etc. Operate all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other appliances in a reasonable, safe manner. Asswe that property belonging to Landlord is safeguarded against damage, destruction, loss, removal, or theft. Conduct himself, his family, friends, guests, visitors in a manner which will not distwb others. Allow the Landlord or his agent access to the premises for the pwpose of inspection, repairs, or to show the property to someone else at reasonable hows, and specifically authorize unannounced access anytime rent is late, or for pest control ,maintenance estimates, serving legal notices, or emergencies. Tenant agrees to comply with all provisions of this Agreement, particularly with respect to paying the rent on time and caring for the property. Tenant warrants that heJshe will meet the above conditions in every respect, and acknowledges that failure to perform the obligations herein stipulated will be considered grounds for termination of this Agreement and loss of all deposits. No additional locks will be installed on any door without written permission from the Landlord. Landlord is to be provided duplicate keys for all locks so installed at Tenant's expense within 24 hows of installation of said locks. Tenant agrees to maintain a telephone, and to furnish the Landlord the telephone number and/or any changes thereof within three (3}days of its installation. Teno~rt a~reoes to nay the first x7S-.00 of aav service c4lls for Heatue~ ,Air Conditioniier or Ply ltetkrir~ In the event repairs are needed beyond the com~ctence of the Tenon Tenant is directed to contact the Landlord or contact a licensed Contractor. Tenant warrants that any work or remtirs aert„Qrmed by him will be undertaken only if 6e is com,_petent and anglified to perform the repairs. Tenant will beheld personally responsible for all repairs to assure that work is done in a safe manner which will meet all the applicable codes and statutes. Tenant further warrants that he will be accountable for any mishaps and/or accidents resulting from such work, and will hold the Landlord free from harm, litigation, or claims from them or any other person (s). Tenant is responsible for all plumbing repairs including faucets, leaks, stopped up pipes, frozen pipes, water damage, and bathroom or kitc]ien caulking. Appliances included in this lease per the attached Exhibit "A", are loaned, not leased to Tenant. Maintenance of appliances or furniture on Exhibit "A" is the responsibility of Tenant who will keep them in good repair. Tenant is responsible for all glass, screen, and storm door repairs. Regardless of assignment of responsibility, Tenant agrees to be responsible for the first $75.00 of any repair or maintenance required on the major systems of the property for the term of the lease. This deductible applies per occurrence. Tenant accepts entirely the responsibility for recharging air conditioner compressor and the cleaning of furnace or replacement of furnace filters. I/We ,the undersi~ have personallychecked the smoke alarms in the unit which is provided and find it/them to be in working order. I/We understand that the law requires me/us to maintain the alarms and keep fresh batteries in the mechanism. Tenants failure to do so absolves the Landlord, or agent from any responsibility for losses due to my/our non-compliance with the law or malfunction of the pi m: Tenant signature ~y Date 1 `1- ' ti ~ ` ~ ~ ~ NO WATER BEDS PERMITTED WITHOUT WRITTEN PERMISSION. All parties agree that termination of this Agreement prior to termination date will constitute breach of the tenancy and all Seauity Deposits and one full month's rent shalt be forfeited in favor of Landlord as liquidated damages plus you will be charged the cost of restoring the property to it's pre-rental condition plus advertising and rent loss incurred until the new resident moves in. Your liability for rent loss is limited to thirty (30) days after restoration is complete. Tenant is responsible for maintaining and cutting grass and landscaping of property including snow removal.. Having read the above, the tenant signs the lease below with the full understanding that these conditions may be present in this property. Unless specifically disallowed by law, should litigation arise hereunder, service of process therefore may be obtained through certified mail, return receipt requested; the parties hereto waiving any and all rights they may have to object to the method by which service was perfected. TENANT agrees to send all notices to Landlord in writing by certified mailyreturn receipt requested. This is the only form of notice permitted in a court hearing as evidence of notice given. The Tenant was asked if he/she could speak, read and understand English. Helshe was told that signing below would indicate that they understood what they were signing and that he/she did speak and read English. YOU SHOULD READ AND UNDERSTAND THIS LEASE, IT IS A LEGAL AND BINDING CONTRACT. SiBaing below means you have read the Lease, are in full agreement with it and Lave received a copy of the Lease_ ACCEPTED THIS _ i ~____ DAY OP 1 ~ ~ 20 ~ ( , At . ~. t C.l-F~.J ~.S f~ C~~R~ ~ S 1-t f P t~ ,~ f ~ 1 2S~ (Address, City and State) Tenant (~ V '~/ Tenant ! L~1 Tenant Landlord t 2•- t p --- ~ Lease shall not be affected thereby and each term snd ara~on herein a>~ll be valid and enforceable to the ibllest eitent permitted by law. All riahts~iven to Landlord by t6~i Lease s ,,,,,~I be cumulative to anv other I~ws which asiafi~t eiist or come into being. Any ea~erc~e or fsiture to eierchre by LaadMrd of nuv t shall got act as a waiver of anv offer rights. No statement or proadse of Landlord or his anent as to tenancy, reasira, alters .bons; or other terms and conditions shsD be binding ualess reduced to writiae sad sued by Lsadbrd. EXHIBIT "A" The following appliances and/or furniture are on loan to Tenant for the period of Tenant's lease on the following basis: Tenant agrees, by the signing of this agreement, that all appliances andlor furniture herein listed are accepted by Tenant, individually, as being in good working order or condition. Tenant agrees to maintain said appliances and/or furniture in good working order at his expense. APPI.iANC'F,C AND/()R F[TRNIT[1RE Furniture Description Appliance Number or Item Condition Location 1 Refrigerator New Kitchen 2 Gas stove New Kitchen 3 Central Air Used Outside 4 Tenan~ Landlo~ CERTIFICATE OF SERVICE I, James M. Robinson, Esquire hereby certify that I served a true and correct copy of the Complaint by first class, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the 2"d day of July, 2012, from Carlisle, Pennsylvania, addressed as follows: Michelle J. Bigler 6 Meadow Creek Lane Mechanicsburg, PA 17050 TURD LAW OFFICES Ja a M. Robins n, Esquire 12 outh Pitt S eet Car isle, PA 170 3 (717) 245-9688 Supreme Court I.D. No. 84133 Attorney for the Plaintiff HENRY W. THISSEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI/ V. : NO. 12 - 2937 CIVIL TERM-, MICHELLE J. BIGLER, mar=' Defendant' CERTIFICATE OF SERVICE I, James M. Robinson, Esquire hereby certify that I served a true and co copy of the Complaint by certified and first class mail, postage pre-paid and depos same in the United States Mail, on the 17th day of July, 2012, from Carl Pennsylvania, addressed as follows: Michelle J. Bigler 115 Booz Road Shippensburg, PA 17257 A true and correct copy of the return receipt from the United States Service is attached hereto as Exhibit "A". TURO LAW OFFICES n, Esquire Ja a M. Robi?1r3 12 outh Pitt et C arlisle, PA 17 (717) 245-9688 Supreme Court I.D. No. 84133 Attorney for the Plaintiff ,D C"1 _, ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: A. S nature x ? Agent j v ? Addressee B. Received by (Printed Narrlp-", C. D of elivery Y, I ©al] it I _ ;a- D. Is delivery address d from item 17 Ye If YES, enter delivery address below: ? No N t CH ELL-E -Z 1231 GLEE <! I Z 6 oo Z a0A D J+-4tPP?5(?l)kt PA DA ?7as- 3. keType I ;, Cer d Mail ? Express Mail ???jjj Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (rmsfer from service /abeq 7001 2 510 0009 2827 0 718 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Michael J. Pykosh, Esquire I D # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 ;~- ,~~ ~'~0 KQtd~TAf" ' ~~ Af~~2 ~~a ~ ~ ~~ 2~ ~ 7 ~'~~~NS Y~YA~tA for Defendant HENRY W. THISSEN, Plaintiff v. MICHELLE J. BIGLER, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN No: 12-2937 CIVIL TERM ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Michelle J. Bigler, by and through h attorney, Michael J. Pykosh, of the Dethlefs-Pykosh Law Group, who responds Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted in part and Denied in part. It is Admitted that Defendant is Michelle , Bigler, an adult individual. It is Denied that Defendant resides at 6 Meado Creek Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. By wa of further answer, Defendant currently resides at 115 Booz Road, Apartment , Shippensburg, PA 17257. 3. Denied. After reasonable investigation, Defendant is without s knowledge as to the truth or veracity of the averments set forth in Paragraph 3 Plaintiff's Complaint. 4. Admitted in part and Denied in part. It is Admitted that on December 10, 2011 the Plaintiff entered into a Residential Monthly Lease Agreement (the "Lease with Defendant (the "Tenant"). With regards to the remainder of the averment paragraph 4 of the Plaintiffs Complaint, the Lease Agreement is a written agreement and speaks for itself and therefore no response is required ar~d therefore the same is Denied. '~ 5. Denied. The averments as set forth in Paragraph 5 contain conclusions of law which no response is required. 6. Denied. The averments as set forth in Paragraph 6 contain conclusions of law which no response is required. 7. Admitted in part and Denied in part. It is Admitted that on or about January 1~, 2012, Defendant informed Plaintiff by telephone that she was moving from Premises at the end of the month. It is Denied that no written notice provided. Whether the same is a violation of the Lease is a conclusion of law which no response is required and therefore the same is Denied. 8. Denied. The averments as set forth in Paragraph 8 contain conclusions of law which no response is required. 9. Denied. The averments as set forth in Paragraph 9 contain conclusions of law which no response is required. 10. Denied. It is Denied that Kayleen Foster, Defendant's son's girlfriend, al occupied the Premises during December 2011. It is also Denied that Plaintiff ca assess a $50.00 fee as provided in the Lease. 11. Denied. The averments as set forth in Paragraph 11 contain conclusions of to which no response is required. By the way of further answer, the Leas Agreement is a written agreement and speaks for itself. 12. Denied. The averments as set forth in Paragraph 12 contain conclusions of to which no response is required. By the way of further answer, the Agreement is a written agreement and speaks for itself. 13. Denied. After reasonable investigation, Defendant is without s knowledge as to the truth or veracity of the averments set forth in Paragraph ~3 of Plaintiff's Complaint. 14. Denied. The averments as set forth in Paragraph 14 contain conclusions of to which no response is required. By the way of further answer, the Agreement is a written agreement and speaks for itself. 15. Denied. It is Denied that upon inspection of the Premises after Defenda departure, Plaintiff discovered that Defendant left considerable damage for whi Plaintiff had to repair, which damage included cigarette burns to the carpet, a defacing and damage to walls, ceilings and doors. 16. Denied. After reasonable investigation, Defendant is without sufficie knowledge as to the truth or veracity of the averments set forth in Paragraph 1 of Plaintiff's Complaint. 17. Denied. The averments as set forth in Paragraph 17 contain conclusions of to which no response is required. 18. Denied. It is Denied that during Defendant's tenancy in the Premises, three service calls were made for heating and air conditioning systems, for whi Plaintiff assessed Defendant $75.00 each, for a total of $225.00. Proof to contrary is demanded. 19. Denied. It is Denied that in addition to the alleged physical damage, tf~e Premises was generally filthy and required considerable cleaning, for whi~h Plaintiff is exercising his right under the fifth paragraph of the Lease assessing a $150.00 special cleaning charge. 20. Admitted in part and Denied in part. It is Admitted that Defendant did provide a forwarding address. It is Denied that Defendant did not return keys. It is further Denied that Plaintiff was forced to change the locks at additional expense of $60.56. 21. Admitted. 22. Admitted. WHEREFORE, the Defendant, Michelle J. Bigler, respectfully request Honorable Court to DISMISS Plaintiff's Complaint and GRANT judgment in her favor Defendant. Dated: ~"~ (d ~ ~ 2 Respectfully Submitte , By: Michae . P kosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Defendant VERIFICATION I, Michelle J. Bigler, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information a belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: , ~ , ~ I C G (a `'y~ „~..~~~ ~~ ~ ~~ '1..~ Miche J. Bigler Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 for Defendant HENRY W. THISSEN, Plaintiff v. MICHELLE J. BIGLER, Defendant No: 12-2937 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ANSWER, was hereby served depositing the same within the custody of the United States Postal Service, First Cla postage prepaid, addressed as follows: Henry W. Thissen c/o James M. Robinson Turo Robinson Attorneys at Law 129 South Pitt Street Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN Respectfully Submitted, Dated: ~~ U , gy. ;~/ ichael J Pykosh, Esquire I D # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY W. THISSEN Plaintiff NO. 12-2937 20 c vs. ~~ ~ ~~ '~ MICHELLE J. BIGLER ."~ X w RULE 1312-1 Defendant ~Q z., . 1~'t"> 3 The Petition for Appointment of Arbitrators shall be substantially in Following form: ~ t,n _~ to PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: James M. Robinson counsel for the plaiirtiff/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 $ 3,977.48 The counterclaim of the defendant in the action is $0.00 . The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: All atton~eys with both Turo Robinson Attorneys at Law and Dethlefs-Pykosh Law Group, LLC WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case sha11 be submitted. espectfully sub ed, ORDER OF COURT AND NOW, , 200 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, -~-, --~ ~~ `''r=- ~~ °~ ~~ 0-et ~~ --+ 2~ -.~ ~°~>:. Sv p'~ a~~ ~ ~ 1t8'G Kevin A. Hess, P.J. / ~ : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY W. THISSEN Plaintiff 12_2937 NO. , 20 !~' ~ ~ N ~ ^r ~~ ~ ~~ BIGLER NIICHELLE J -<z' `° --~ . Defendant . ~® ~. ~-~ ~, c„y ~ ~ RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in t~~ ;- ~~~' Following form: °-' ~ t~ --c PETITION FOR APPOINTMENT OF ARBITRATORS s~~-S~P~ TO THE HONORABLE, THE JUDC•ES OF SAID COURT: ~` 1 James M. Robinson ,counsel for the plaintiff/defendant in the above ~ ~ ~~~~ action (or actions), respectfully represents that: ~~`, ~ q~~ 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 3,977.48 The counterclaim of the defendant in the action is $0.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: All attorneys with both Turo Robinson Attorneys at Law and Dethlefs-Pykosh Law Group, LLC WHEREFORE, yow petitioner prays yow Honorable Cowt to appoint three (3) arbitrators ~ ~ `=.°; whom the case shall besubmitted. -"g rn~ o espectfully sub ed, ~ ;,ti,• -c ~,~_~ --~ ~ , cn ~ - :x; ~~~ ~ ~ ~. o , -+ c~: ~~ ~ s -~ , ate.. ~ C~ ORDER OF COURT y' ~ ~? t-3 r" -P~ . ', .s- in consideration of the foregoing 20b ~ /S : w~~ AND NOW, , , C ~/h~c J o~ ~.~/I~i Esq and ~.G~,I ~~ petition, ., , Esq., and ~V?~,lt/~ ~i~-~ Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. ~ r~; ~,~~ ~ py,~s~ ' By the Court, ~ /~rr''`~ Kevin .Hess, P.J. ~f,; ~s ~ •l~d ie/%f~ a