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HomeMy WebLinkAbout12-6186~:~~~ 1iF~~ Pi~~7N0#~OT~lii' 2812 OCT -3 PM 12~ ~9 GUM~ERLAt~~ COIiNTY PEt~NSYLYANIA Laurence W. Dague and Mary Holmes lDague Plairrti~F David J. Myers and Melanie M. Myers Defendant IN THE COURT OF COMMON PLEAS OF CUMi~RLAND COUNTY, PENNSYLVANIA . Civil Term YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FOR'T'H IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (24) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE C:LATMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT ff YOU FAQ. TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE CAMQ'LAIlVT OR FOR ANY OTHER CLAIM (>R RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BETAW TO FIND WHERE YOU CAN GET LEGAL HELP. CUM®ERLAND CtH~CrY BrAiR A+AT~I 32 SOUTH lI~REET CARLISLE, PA 17'®13 126f1~l0~106 717 249-3166 LAURENCE W. DAGUE, SR. and : IN THE COURT OF COMMON PLEAS OF MARY HOLMES DAGUE, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No. DAVID J. MYERS and MELANIE M. MYERS. Defendants :CIVIL ACTION - AT LAW COMPLAINT 1. Plaintiff Laurence W. Dague, Sr. is an adult individual who currently resides at 3890 Point of Rocks Road, Jefferson, MD and is the husband of Plaintiff Mary Holmes Dague. 2. Plaintiff Mary Holmes Dague is an adult individual who currently resides at 3890 Point of Rocks Road, Jefferson, MD anti is the wife of Plaintiff Laurence W. Dague. 3. Defendant David J. Myers is an adult individual whose current residence address is unknown to Plaintiffs but who is a registerd manager and member of a business in Florida under the name DaveandSam 1 LLC, which has an address of 828 Ponce De Leon Drive, Fort Lauderdale, FL 33316, and a registered agent of Heather A. Zardus, P.A. at 934 N. University Drive, # 249, Coral Springs, FL 33071; and is the husband of Defendant Melanie M. Myers. 4. Defendant Melanie M. Myers is an adult individual who is the wife of Defendant David J. Myers and who, based upon information and belies; currently resides with him. 5. Until October 3, 2012, Plaintiffs were the owners of a single family residence and property known as 732 W. South St., Carlisle, PA 17013 ("residence"), in which they resided fmm August of 1991 until Felxvary 1, 2011. 6. In June of 2011, the Parties entered into a written contract denominated "Residential Lease" ("Lease") which provided, ~ for the Defendants to rent said residue from June 15, 2011 to June 14, 2012, for a monthly rental amount to be paid by Defendants to Plaintiffs of two thousand dollars ($2,000.00). A copy of that written contract is attached hereto as Exhibit A. 7. Defendants did occupy said residence oon8 on or about June 15, 2011. 8. On or about December 20, 2011, Defendants informed Plaintiffs that they would be vacating the residence at the end of that year and intended to make no more rental payments, including that for the month of December, 201 1. 9. Defendants did, in fact, vacate the residence on either January 1 or 2, 2012. 10. As a result of Defendants failure to pay rent under the lease for the period specified, Plaintiffs have suffered damages in the amount of twelve thousand dollars ($12,000.00) for which Defendants are liable under the express terms of the Lease. 11. The p~ag~raph of the Lease entitled "REPAIRS" expressly provides that Defendants were required to take good care of the residence and all its equipment and fixtures and are liable for any damages caused by their own acts or those, in alb of their family. 12. During the period of their occupancy of the residence Defendants and their children damaged the residence in numerous ways, including but not limited to taking apart built-in cabinetry, breaking drawers, breaking glass in a door, severely marring painted surfaces, leaving trash throughout the residence, tearing wallpaper off a wall, breaking electrical switches, wall 2 plates and fixtures, malting gashes in wooden surfaces, and breaking the door of a microwave oven. 13. Defendants breached the Lease by failing to maintain the outdoor areas of the residence. 14. Defendants also breached the Lease by making alterations to the residence without Plaintiffs' prior consent, specifically by replacing locks on the residence and the appurtenant garage. 15. Defendants also breached the lease by failing to provide access to Plaintiffs to the residence and the appurtenant garage by taking with them all keys, including those to the locks Defendants had wrongfully installed. 16. Plaintiffs have had to expend the sum of 58,226.31 to repair the aforesaid damages caused by Defendants and their children. 17. Pursuant to the Lease, Defendants paid two thousand dollars ($2,000.00) as a security deposit to Plaintiffs but failed to provide Plaintiffs with a forwarding address when the abandoned the residence. 18. After applying the security deposit, Plaintiffs have suffered damages in the amount of $b,226.31 as a result of Defendants' breaches of the Lease, as well as the unpaid rent in the amount of twelve thousand dollars ($12,000.00). WHEREFORE, Plaintiffs Laurence W. Dague, Sr. and Mary Holmes Dague respectfully request that this Honorable Court enter judgment against Defendants David J. Myers and Melanie M. Myers in the amount of $18,226.31 plus interest and costs and such other relief as 3 the Court may deem necessary and/or appropriate. DATED: October 3, 2012 %~ La~mence W. Degwe, Sr., se EXHIBIT "A" RESIDENTIAL LEASE THIS LEASE is made on the day of June, 2011. Landlords hereby agree to lease to the Tenants, and the Tenants hereby agree to hire and take from the Landlords, the Leased Premises described below pursuant to the terms and conditions specified herein: LANDLORDS: Laurence W. and Mary Holmes Dague Address: 3890 Point of Rocks Rd. Jefferson, MD 21755 TENANTS: David J. and Melanie M. Myers Address: Hams~g,~~ ~1 I~;Et~S~D PR~~~S: The Leased Premises are those premises known as: 732 W. South St., :arcs e, PA, TERM: The tenor of the Lease shall be for one year commenc on the fifteenth day of June, 2011 and ending at Midnight of the fourteenth day of June, 201. RENT: The monthly rental. amount for the Leased Premises is two thousand dollars ($2,000.00 per month. The Wort payment must be paid by the fifteenth day of each month ai the I.at~dlords') liked above: The first month's rent is to be d when Tenant signs this lease. Landlords need not give notice to Tenant regarding Tenant's obligation to pay rent. SECURITY DEPOSIT• Upon Tenants execution of this Lease, Tenants shall a security d~ of two thousand dollars (~Z,000.OO~to Landlords in order to enstme that comply vvt all terms and conditions of tt~tiee Lease, Tents frilly col, Landlords will return the secwity deposit within three weeks after the date Tenants c1c~ possessicm of the Leased Prelniaes to L~adlords. If Tenants do not fully comply with tree terms of the Lease, Landlords may use the sf~urity to pay amounts owed by Tenants, including damages.. DEFAULT/ABANDOrtMENT: If Tenants default in the payment of rent Landlords may elect to terminate the Lease, re-enter the Leased Premises and remove the Tints, all other occ is and their possessions. If Tenants breach any other term or condition of this Lease, Lords may give Tenants written notice to cure such default. If Tenants fail to cure such default within two days of receiving notice, Landlords may elect to terminate the Lease, re- enter the Leased Premises and remove the Tenants, all other occupants and their possessions. If Tenants aban~n or vacate the Leased Premises during the Term of this Lease, Landlords may elect to re-enter the premises, without liability for l cation or owing damages to Tenants, and, at his option, re-rent the Leased Premises. ff di7eLandiords elect not to re-remt tt~e Leased Premises, Tenants shall be liable fc~or the remainder of the rent due under the Lease until its expiration. If the Larxllords re-rent the Leased Premises but are unable to re-rent the Leased Premises for as mush rent as would have been paid by Tenants the od between Tenants' abandonment and the end of the Term, Tenants shall bee to ~llords for the difference. Landlords may also dispose of any property left by Tenant after abandonment without liability and apply the proceeds to reduce such difference. OCCUPANTS: The Ixa~ed Pre~gnises shall be occupieed only by the Tenants and their children. No other persons shall occupy the Leased P without the advance written consent of the Landlords. REPAIRS. Teti~nts must take good cue of the Leased Pri~ and all eqn~~ and fixtures contained Tenants are Liable for es caused their acts or ect a~cl any acts and negl fi o~tlaeir f~nly mvitee4 or enarYts mgt mralce all repairs is when any is from then or neglect and ~3' ads acrd neglect o 'ly, invitees or If Tenant fails to make a Herded repeat or rep cement, may make such repairs and add the expense of such repairs to the rent. Landlords are liab a or any mayor maintenance work not the result of Tenant`s acts or neglect. UTII.TTIES: Tenants are solelyy liable for the paynt~nt of all utilities utilized byy L.e~ed Premises. Tei>+~ shall reim6:rrse Landlords for water and sewer c vvrth next rental payment due following the receipt by Tenants of a copy of any invoi those charges. PARTIAL OR TOTAL DESTRUCTION OF LEASED PREMISES: If the Leased Premises are y, damaged or letely destra ed by a fire or other occurrence that is not caused by pT'enants n cGn~lful act or the n ence of Tenants farnil , went or guest), elect to: (1) repair or reuild tl~e Lpeeanse+d premise ci~ the peritaci of un ' lity andtermina~the nLeasep a prima to the~ren~ up~to't1~e(~e of ~~ld the Leased Premises, or to obtain Landlords' pn to paint or wall a~r or ' r electric at the end of the' term. Lrmdlord§ are not required topay fi this section unless they have agreed to pa as indicated in shall not place any signs on the outside of the Leased Prey consent. INT.)OOR Iw~LA10~+tTENANCE: Tenants shall, at tenant's expen~oe, maintain the in a clean and cotaditivti at all times. At the erof the tennoi, Tuts will leave ' c ai®d in condition, with exception of wear aryd tear. Tarts remove all Te~~belongings and surrender all keys to orris upon the expiration of lease. OUTDOOR MAINTENANCE: Tenants shall maintain the land of the Leased Premises by mowing the lawn so that it does not exceed the height of two inches and ~y remov' any fallen leaves or debris. Tenants shall also be rE~parrrsible for removal o~ snow acrd~e from all si and the driveway of the Leased Premrses and ~~ hereby ackno that they are legall required to accomplish such removal from. tie public sidewalk wrthin four hours of cessation of any storm. Tenants hereby ex y, acknowledge thdt inn e~rlure to comply vvi their obligations under this paragraph nshtute a material breach of this Lease. ASSIGNIVIENTtSUBLETTING: Tenants may not assign this ~t or otherwise sublet the Ixssed Premises without the prior written consent of the Arty ass t, sublease or other pmr~~~c-rted license to use the Leased Premises Tenants witho Landlords' consent 1 be void and shall (at Landlords' optton) terminate this Lease. LANDLORDS' RIGHT TO ENTER: Landlords may, at reasonable times, enter the Leased Premises to inspect it, to make emirs or alterations, anti to stow it to pc~bential buyers, lenders ar tenants. Landlords sl~~ give twemy-four notice ore soh entry unless repairs are n5'. PETS. Tenants may not bring or keep cats in the Leased Premises. Tenants ma not or keep any oilier pets in the Leased Premises without the prior written consent ofythe Labind~ords. LAWS AND REGULATIONS: Tenants must~ at Tenants' ex compl wr all laws, ens, o~+dinances and requirements of aIl muntci_pal, s1a~ fsutties that are e during the term of the lease agreement, pertaining to the use of the promises. Tenant must not do anything that increases the Landlords' insurance premium. LEGAL FEES. The successful party in a legal action or proceeding between Landlords and T ne to the non-payment of rent or recov of possessnan of the Pncmises or any rather of this. Lease may to the extent legal~y available, recover reasna le legal fees ant`I costs m the unsuccessful party. INSPECTION PRIOR TO OCCUPANCY: Tenants have inspected the Leased Prenuses ami t~ttl~e gPrem~ses~ all impmvemeats, are m good, habitable condition at SUBORDINATION: This Lease, and the Tents' leasehold interest, is and shall be su , subject and inferior to any and all liens and encumbrances now ahd thereafter pl on the Leased. Premises by Landlords, an and all extensions of such li~rts and encumbrances a~ all advances paid under such-liens and encumbrances. BINDING OBLIGATIONS: This lease agrreement is binding on the Landlords arrd Tenasnts and those t l~twfitll to their ' or take their place. Tenant aad Land#cnds have both read this aErd ~;~'ses made`by the parties are,contai~ned in this lease... Any a all a;~ Landlords and Tenants are embodiers exclusively in the terms of s Lease. APPLICABLE LAW: This Lease shall be governed by the law of the Commonwealth of Pennsylvania. Witness our agreements to the teens of this lease: TENANTS: LANDLORDS: David J. /~~ Meleae M. Myers Maryry Hro Dague VEIt~ICATION I, Laurence W. Dague, Sr. hereby state, subject to the penalties of 18 PaC.S. § 4904, that tia= statemerrts of fact set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. Dated: October 3, 2012 W. Dague, Sr. 5 • 4 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Laurence W. Dague, Sr.and Mary Holmes Dague . „ Plaintiff NO. 12-6186 CIVIL T1 +" VS n rot °°c • -1 ...a C1 co David J. Myers and Melanie M. Myers ``may o -a Defendant C, ` Zp • RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the "7 2� ' crt following form: -� THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE,THE JUDGES OF SAID COURT: Laurence W. Dague, Sr., pro se , 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$18,226.31 The counterclaim of the defendant in the action is unspecified but arbitrable,see attached The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. Respectfully submitted, Q, .\$a$.Sbr� , 6e03y33. Twos ORDER OF COURT g* Q1937 AND NOW, , 20 , 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, KEVIN A.HESS,P.J. COPY OF EXCHANGE OF E-MAIL CORRESPONDENCE Ashley Malcolm Nov 14 (1 day ago) to me Mr. Dague, We have no objection of going to arbitration if that resolves the issues set forth in your below email. Thank you. Ashley cid:image001 jpg @01 C99009.AB75CFA0 Ashley R. Malcolm, Paralegal Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 P: 717-591-1755 x 103 F: 717-591-1756 amalcolm @pjrlaw.com This email contains PRIVILEGED and CONFIDENTIAL INFORMATION intended only for the use of the recipient named above. The information may be protected by state and federal laws, including, without limitation,the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA),which prohibit unauthorized disclosure. If you are not the intended recipient, you are hereby notified that any use or dissemination of this information is strictly prohibited. If you have received this email in error,please immediately notify the sender by reply email at the address provided above and delete this message. Thank you. From: Laurence Dague [mailto:larrydaguesr @gmail.com] Sent: Tuesday,November 12, 2013 2:50 PM To: Ashley Malcolm Subject: Re: Dague v. Myers We were about to list the referenced case for arbitration under the Local Rules, when we realized that your clients' Counterclaim violates Pa.R.Civ.P. 1021(c)by failing to state whether it exceeds the arbitration limit of$50,000 established by Cumberland County Rules of Procedure 1301-1. In light of the fact that your clients produced no medical bills in Response to our Request for Production of Documents, it is not credible that the claim could exceed that amount, but we must know your clients'position on this matter. [You inadvertently captioned your Response as Answers to Interrogatories but we have not served such a set.] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Laurence W. Dague,Sr.and Mary Holmes Dague: Plaintiff $ ' ` No.9 2-6186 CIVIL T) VI VS Ln co David J. Myers and Melanie M. Myers Defendant © �G r RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the T'tr_ t following form: THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE,THE JUDGES OF SAID COURT: Laurence W. Dague, Sr., pro se 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$18,226.31 The counterclaim of the defendant in the action is unspecified but arbitrable,see attached The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. Respectfully submitted, ser Nt0 31f 38��tir:og ORDER OF COURT ?.,* - 9q i AND NOW, P pn/ a6 , 20/3 , in consideration of the foregoing petition, Esq.,and Id,2 Esq.,and Esq., are appointed arbitrators in the a ovev captioned action(or actions)as prayed for. VINVAIASNUd ^ A ItN N ;VIL1 %,1 8y the Court, v� i �/� h(,JUrGht e �, • L� �� � I ,, �� � �� �� � KEVIN A.HES .J. • f_ r �i•1S5G •le1 1 b,a/.,3 VI- Laurence W. Dague, Sr. and Mary Holmes Dague In the Court of Common Pleas of Cumberland intiff David J. Myers and Melanie M. Myerscounty, Pennsylvania No. 12 Myers.6186 Defendant Civil Action — Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the (Constitution of this Commonwealth and that we will discharge the duties of ou : " is with • lity. Signature Kathleen K. Shaulis Name (Chairman) Shaulis Law Law Firm P. 0. Box 1229 Address Carlisle, PA 17013 City, Zip Signature Lauren E. Kays Name Bogar and Hipp Law Office Law Firm 1 West Main Street Address Shiremanstown PA 17011 City, Zip Signa Marlin L. Markley, Jr. Name Law Office of Marlin L. Markley, Jr. Law Firm 3920 Market Street, Suite 303 Address Camp Hill, PA 1 17011 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) 'P(A l VrHi Ql?e au a -}' _'tel kow t 12 o 0 o . ao r -� 4PCki a ,ti -1741a• .Arbitrator, •dissents. (Insert name if applicable.) Date of Hearing: 5_27_14 Date of Award: c--?.? _ r Notice of Entry of Award Now, the day of Pl , 20 / L/ , at 3 , P .M., the above award was entered upon the docket and nce thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ L.//69 .Sti baso Bye/�j� 7 Prothonotary • Deputy LCD -O; ICE T IE PRO'TIHO dOTAF 20114 MAY 27 PN 3:12 CUMBERLAND COUNTY PENNSYLVANIA l lat. u reHC e (1aJ7 /-1961,,e5 �—L Laurence W. Dague, Sr. and Mary Holmes Dague In the Court of Common Pleas of Cumberland 1 intiff David J. Myers and Melanie M. Myerscounty, Pennsylvania No. 12 - 6186 Defendant Civil Action — Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitutjon of this Commonw`eglth and that we will discharge the duties of our o fidelity. ignature Kathleen K. Shaulis Name (Chairman) Shaulis Law Law Firm P. 0. Box 1229 Address igftature �l Lauren E. Kays Name Bogar and Hipp Law Office Law Firm 1 West Main Street Address Carlisle, PA 17013 Shiremanstown PA 17011 City, Zip City, Zip Signature Marlin L. Markley, Jr. Name Law Office of Marlin L. Markley, Jr. Law Firm 3920 Market Street, Suite 303 Address Camp Hill, PA 17011 City, Zip AnieAiNA4ed Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following laward: (Note: If damages for delay are awarded, they shall be separately stated.) The panel of arbitrators hereby clarifies its May 27, 2014 award as follows: (1) Plaintiffs are awarded $2,742.10 damages and $12,000 rent for a total of $14,742.10 less the $2000 security deposit retained by Plaintiffs when Defendants vacated the premises. (2) Defendants are awarded $0.00 on their counter -claims. .Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: 5-27-14 Date of Award: Amended award - —4-14 (Chairman) Notice of Entry of Award Now, the "/ day of , 20 / / , at -.02,c , / .M., the above award was entered upon the docket notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 1/40 --57) Prothonotary L Deputy T1'1JIM _ '2: CUMBERL t U COU t PENNSYLV Pel -e; P IC( IS /L///,f LAURENCE W. DAGUE, SR. and MARY HOLMES DAGUE, Plaintiffs FILED -OFFICE rFIE.-. Pi? 0 T HON 0 TAR 20111 AUG 25 PH 2: 145 CUrciBERLANO COUNTY PENNS YLVANIA : IN THE COURT OF COMMON PLEAS OF : CUIVIBERLAND COUNTY, PENNSYLVANIA v. : No. 12-6186 DAVID J. MYERS and MELANIE M. MYERS. Defendants : CIVIL ACTION - AT LAW PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY OF SAID COURT: NOW COME Plaintiffs, Laurence W. Dague, Sr. and Mary Holmes Dague, pro se, as the prevailing parties under an Award entered by a Board of Arbitrators entered on June 4, 2014, from which no appeal has been filed, to request that Judgment on the Award be entered against pefendants in th amount of $12,742.10. flit4 /6.5:2 ? a 105903(/.57/ fait oP'33 CERTIFICATE OF SERVICE I, Laurence W. Dague, Plaintiff pro -se, hereby certify that on the 11th day of August, 2014, I served a true and correct copy of the foregoing Praecipe for Entry of Judgment upon the following person in the following manner: VIA US FIRST CLASS MAIL: PETER J. RUSSO, ESQUIRE 5006 E. Trindle Rd. Mechanicsburg, PA 17050 hpia„dezi.`�! Laurence W. Dague, Sr. "pro se 2 Laurence W. Dague, Sr. and Mary Holmes Dague In the Court of Common Pleas of Cumberland 1 intiff David J. Myers and Melanie M. Myers County, Pennsylvania No. 12 .6186 Defendant Civil Action — Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitutjon of this Commonw`e lth and that we will discharge the duties of our o fidelity. ignature Kathleen K. Shaulis Name (Chairman) Shaulis Law Law Firm P. 0. Box 1229 Address Carlisle, PA 17013 City, Zip ature Lauren E. Kays Name Bogar and Hipp Law Office Law Firm 1 West Main Street Address Shiremanstown PA 17011 City, Zip Signature Marlin L. Markley, Jr. Name Law Office of Marlin L. Markley, Jr. Law Firm 3920 Market Street, Suite 303 Address Camp Hill, PA 17011 City, Zip Ameivled Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following iaward: (Note: If damages for delay are awarded, they shall be separately stated.) The panel of arbitrators hereby clarifies its May 27, 2014 award as follows: (1) Plaintiffs are awarded $2,742.10 damages and $12,000 rent for a total of $14,742.10 less the $2000 security deposit retained by Plaintiffs when Defendants vacated the premises. (2) Defendants are awarded $0.00 on their counter -claims. .Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: 5-27-14 Date of Award: Amended award - % 2j._ 02_ (Chairman) , Notice of Entry of Award Now, the 1/ ci-`day of , 20 Pi , at c2:a,c , .M., the above award was entered upon the docket notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 4/40 •.SZ Prothonotary Deputy LAURENCE W. DAGUE, SR. and MARY HOLMES DAGUE, Plaintiffs tr : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 12-6186 DAVID J. MYERS and MELANIE M. MYERS. Defendants : CIVIL ACTION - AT LAW BILL OF COSTS TO THE PROTHONOTARY OF SAID COURT: NOW COME Plaintiffs, Laurence W. Dague, Sr. and Mary Holmes Dague, pro se, as the prevailing parties under an Award entered by a Board of Arbitrators entered on June 4, 2014, from which no appeal has been filed, to state the following Bill of Costs: 1. Filing fee for Complaint: $103.75; 2. Filing fee for Petition for Appointment of Arbitrators: $28.50; 3. Filing fee for Praecipe for Entry of Judgment: $36.75; and 4. Costs for Service of Process by Certified Mail: $13.60 (see attached Exhibit "A"). WHEREFORE, Plaintiffs request that Costs in the total amount of one hundred and eighty-two dollars and sixty cents ($182.60) be awarded and added to the judgment entered in this case. 1+',44 aurence W. Dague, Sr. 2 A. m 7011 0470 0000 2876 U.S. Postal •Service. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery intormatian visit our website at www.usps. U.S. Postal Service. CERTIFIED MAILTm RECEIPT (Domestic Mail Only; No Insurance Coverage Provid.+d) For delivery information visit our website at www.usps.co Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fee Postmark Here Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here l 4 12'5 12 .1t et, Afft.' Nod; or PO Box No. City, State, ZIP+ -4 or P>1 lo. Gift' State, PS Form 3000, August 2005 See Reverse for f EXHIBIT "A" See Reverse for instructions. VERIFICATION I, Laurence W. Dague, Sr. hereby state, subject to the penalties of 18 Pa.C.S. § 4904, that the statements of fact set forth in the foregoing Bill of Costs are true and correct to the best of my knowledge, information, and belief. Dated: August 11, 2012 Azoleide.,c 4P4 Laurence W. Dague, Sr. CERTIFICATE OF SERVICE I, Laurence W. Dague, Plaintiff pro -se, hereby certify that on the 11th day of August, 2014, I served a true and correct copy of the foregoing Bill of Costs upon the following person in the following manner: VIA US FIRST CLASS MAIL: PETER J. RUSSO, ESQUIRE 5006 E. Trindle Rd. Mechanicsburg, PA 17050 Ziee.a0_GGC %( Laurence W. Dague, Sr., pro se 3