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Home My WebLink About04-5830 GLENN CECCHINE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04- SB3D CNIL TERM RHONDA CARBAUGH and ERIK BRECHBILL, Defendants : BREACH OF CONTRACT 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 and 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. 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 REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 GLENN CECCHINE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04- SP~ CIVIL TERM RHONDA CARBAUGH and ERIK BRECHBILL, Defendants : BREACH OF CONTRACT COMPLAINT AND NOW, comes the Plaintiff Glenn Cecchine, by his attorney Gregory H. Knight, Esquire, and files the following Complaint: 1. The Plaintiff is Glenn Cecchine, an adult resident of New Jersey with a business address of CARS, Inc., P.O. Box 5, Neshanic Station, New Jersey 08853, 2. The Defendants are Rhonda Carbaugh and Erik Brechbill, adult residents of Pennsylvania currently living at 265 Landisburg Road, Shermans Dale, Pennsylvania 17090. 3. On May 28, 2002 the Defendants, as Lessees, signed a Residential Lease with the Plaintiff as Lessor, for premises located at 25 Heckman Road, Newville, Pennsylvania. See Exhibit A. 4. The term ofthe lease was one year to commence on June 1, 2002 and to end on May 31,2003. See Exhibit A. 5. On November 24,2003 the Defendants signed a second lease, by which tem1S the Defendants leased 25 Heckman Road for one year, beginning November 1, 2003 and ending on October 31, 2004. See Exhibit B. 6. The last month for which the Defendants paid rent was May 2004. 7. Sometime in early July 2004 the Defendants moved from 25 Heckman Road and have failed to make any payments for the remaining term of the one year lease. 8. The Plaintiff and his representative have contacted the Defendants concerning their obligation to pay rent for the period June through the end of October 2004 but the Defendants have refused to make any payments. 9. After the Defendants vacated the premises and abandoned the premises (see Paragraph 20 of Exhibit B), the Plaintiff attempted and, as of August 31, 2004, was able re-Iet the premises to another tenant who will take possession of the premises under the terms of a lease effective November 1, 2004. See Exhibit C. 10. Following an inspection after the Defendants abandoned the property, the Plaintiff incurred expenses for the clean up and damage to his premises, beyond fair wear and tear, pursuant to Paragraphs 9 and 12 of the current residential lease. See Exhibit B. 11. The total cost to repair the premises and return them to conditions required by the new lease is $2,306.50 towards which the Plaintiff has applied the security deposit of$1,125 paid by the Defendants at or about the time of the first residential lease signed on May 28, 2002. See Exhibit D. BREACH OF CONTRACT 12. Paragraphs 1-11 are incorporated herein by reference. 13. Despite several requests, Defendants have refused to pay the $766 monthly rent for the residential lease for the period June 2004 through October 2004 and refused to reimburse the Plaintiff for his expenses of $2,306.50 to repair the premises occupied by Defendants from May 28, 2002 to early July 2004. WHEREFORE, the Plaintiff requests judgment against the Defendants in the amount of $3,830 as unpaid rent, and $1, 181.50for the cost to repair damages to the premises, for a total of $5,011.50, plus costs and expenses and such other relief as the Court deems appropriate. HANFT & KNIGHT, P.C. ~ ~ N. I CIW.~)~r- Gregory H. Knight, Esquire Attorney I.D. No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Plaintiff F.\User Folder\FmTI Docs\Gendocs2004\3706-1 Complaint. wpd VERIFICATION Glenn Cecchine hereby verifies that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and understands that false - - ,,' statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsifications to authorities. /0/ tr/ ~ Date: ,2004 Exhibit "A" AWG-13-2004 15:50 WWW.OLDBUICKPARTS.COM 9083697595 f21~'7 C)-o8- ~D -- 'l6~) 1-17 --17 ~ &1'-( J.. - "'orlll A310 RESIDENTIAL.. LEASE Apartment -' Condominium - House/ BY nns AGREf:.MENT made and en;en:d into on 5"' ~ 810", . bctween ~4(l.5 :s:tJ<:.. I G/~NN -0" ae"~1"e.. . herein refetred to ~ Lessor, and ~'..:<" I?HoYJ /) A ~l\ l!.(!,tlWi '-4 + . herein rerecTed to as Leucc. Lessor \cases to LeSSee the premIses situated at ;l~ H~t.1<,"4N 1<0. N&c.J vtll e Per. . in the City of , Count)' of . Slale of ~., . and more particularly dcScribed as foHows; ~se 1 S(J.eo 7'"0 R~AR.) .;z. GM04ljes 1b Ft0Jrl/ J togt:ther with allappurleunces. for a term of 6t1e: yeal'$, tQ commence on t, I ~ 10 'l- .. .andLOendon 5'/3/103 ,. ,at/~ o'clock A.m. 1. Rent. Lt:sst:~ agrees to pay. withOllt demand. to Lessor us relll fOl' the demised premises lite sum of JJ 9000.QI..l ,.,. DolllU'$ ($ '7~o.<JQ ) pcr monlh in "dvanc.: 011 the I ~ day of eACh caJel1dar month beginning ,/110")... . . ._ C4fJ.S:t:l'lc.. c/o Gle"., '\). C~"'t"1.e., 1'.0. A,e>x r ./J~SlMfoJ/~ Sr...'tl"N City of . State of /oJ.:S: O"S:3'.... . M ll.l SUM ~111.f' pht4'e :l.! L<-..ror ...6Y !kJ:&lI...... 2. Security Deposit. On execution of lhis leas~. lllS$ce deposits with Le~$Qr D Q 11 1I.fS ($ J, I ~S" .c 0 ). receipt of which is ucknowled~~d by t..~s~or. as secUrity fot the faithful pl;!rfQrman~e by Lesse.e of the terrn~ hereof! to be relurn~d 10 I..-essce. without illterest, on tile full and fililhfu.J ~rfDrmancc by him of the ptovision~ hcrc:cf. . . 3_ Quid En,ju)'mcnt.. lessor covenants that on payins the rent and per[onning me covcnanu. herein ~ontalned. Lessee sh:111 pCl\Ccfully and quietly hay!:, hold, llnd enjoy the demised premises for toe agreed lerm. 4. U~e of PremiseS. The demised premises shall be u~ed and .occupied by Le~see ellclusil/e.ly as II prl I/~te ~illsle family residt:nce. and neither the premises nOf any p~ thereof shull ~ uS<<! at any time during the term .of \hi~ lea.e by Lessee for the pl.lrpose of carrying on an)' bu~jn~$. profcuion. or trade Dr <lny kill". or for any purpO$t: other Ihan as a privale single. family rcsidence. Les~c= shilll COOl pI)' with all the sanitElry I~w$. ordinances, rules. 'Ind orders of appropriate &(lverttmenta] authorities aff~tjn8 Ihe ;)carlliness. occupun~'y, :lnd preservation of (he demi~lld premises. and Ihe sidewalks connected thc:n:to. durine the (erm or this IcasQ. 5. Number or Occupants. Lc~see agrees th~t the demised prcmis.:s shall be occupied by no mare than ~ persons, cOMisting of .~ adult~ and ;;1.. childnm unau the age of yea.rs, without tn~ written CQ~e:nl uf Lessor. ' 6. Condition of Pn:miscs. Lessee slipuJate~ that he has ClIamined Lhe demised pre.mi!\Cs. inchldil'lll ,lhe erounds lind all buildings and improvemenu, and that they all:, lilt the time: of this lease:. in good order. repair, and a safe. cleat!, and tenantable condition. 7. AssIgnment and Subletting. Without (he prior writtr:n consent of Lessor, Lessee shall not :!.5Sign this lease. or sublet or gr.lnt any concession or license to use the premises or MY part thr:reof. A consent by (.cssor to on~ as~igni1lcnl, sublelling, COncession, /;II' license ~haJl not be deemed to be a cOllsel'1l to any suosequ!:nl assignment, sUblelting. concllssion. or license. An assignlT1~nt, subleuing, concession. (If license without the prior written conselll of Lessor. or an us:;ignment or subletting by operollion oflaw, sh"lll)e void and shall. ~t Le~~or's option. lClTnil1<\tc this lease, 8. Altr.r~tion~ alld ImprovclI1cll\.:l. Lessee shail make no a!te/'a.!ions 10 the buildings on (lU!! demised prcmis,,~ fir construct !lny btJlldins or make ather 1171[ltVl/cmen1.5 on the: demised ptemi!les wilhOl,lt the prior writlen COlt$c.l'lt of Le5sor. All il.lte~tiMs, changes, and iltlpNY"I\'l~I\c..~ built. construclcd, Of placed on the dcmisr:d premises by Lcss~e, with tho: l;}l:ccplion of [i}l:tur~s removable wilhout d:1l'nil.ge. to the premi~cs "l\d movable pe:rsol1alllroPCrty. snail. unless oth..rwis" jlfovidcd by written agreement between Lessor lInd Lessee. be the propert)' oiLessor and remain on chI;! demised premises ilt the expiration or SOoner terminalion uf this lease. 9. OaOlage la Pnmbes. If the demi~ed premises. or any purl thero:cf, shall be panilllly d.~l1\aaed by lire or other casualty not due 10 Lessee's negligence or willful act or that of his e~rloyecr family. agent, or vi~l~or, the premises shall he. promptly repail'ed by Le$"or Bnd lhere shall be an abalement of rent c\1rTesponding with the time during which, and the cxtent to which, the lea.,~ed p~mises !nay have betn unu;nantable; bUl, jf lJlc lcased premiSes sho\lJd he damaged other than by Lessee's negligence or willful act Or thOlI of his employee. family. agent,.or vieilOr 10 the extent thai Lessor shall decide not to rebuild or ~I'Jir. the term of thiS Icase shall end and Ihe: rent shall be prorated up to tile time of the dam:lie. JUI~I~IIIJt (Rev/..d 21741 llua.. AHHP P. 01/02 r F f;/ ,.. ~~'.~. t,.: r , . / .:1 . ' --,~ I I I. I , i I \ , ! .. , i I. ! ~ ': ~ . i i I . . I. i ,. l' . I:. 1 . !...: \ ,~ / /-13-~~~4 . '^~:,. ;tI',..~ ~.::,:~ ('0 . l",.l ut. . ~\ ~~!,:: I~.:) ~~, .~I'{ ':H': "..< ." ., ~ '\: ~ ,. .: I~' ,,: \ -;....J~_"~.-.,.,_. - 15:50 WWW.OLDBUICKPARTS.COM 9083697595 . . - -... .----- r--............. "~..} .....,....... Vt thing of 1) dangerous, innammaoll!. or uplosive characlcr that mighl untcason.1bly increase the: d~ngcr of fire on the 1'2.$8(1 pr~rnjses or that might l>c consider~c:l baurdO\l~ or elllr-a haurdOllS by any rc.~ponsible insurance company. P.02/02 11. UtIJiile5. Lessee shall be responsible for arr-.lOging for and paying for all utilily services requite<! on lhe premisez. except that shall be provided by lessor. 12. MlIlnt"nance and ~~~lllr. Lessee will, at his sole expense, keep and maintain the leased premises and appurtel\lll\cc$ ill lo\olld and sanitary condition llnd repair durinS the term of this lease and "ny renewal thereof. In panicular. Lessee shall keep t~ fixtures in the bou" or on or about 1M !cAsed premi$C.t in good order ane! repair; ktcp the furlluce clean: keep the elco;:lric bell$ in order. keep the walles ftCA: from dirt and debris; ant.!. at his sole expense, shall make all required ~pairs to the plumbing. range. heatiflg. apparatus, and. electric ;lnd g.s fix lures whenever dalMge theretQ shall have resulted ffom Lessee's misuse. waste, or neglect or lbal of hh emplo}'ee. family\ .g~nt, or ,:,isitor. Major ltI4il1tenance and repair of the leased prnrnises, not due 10 Lessee's misuse; wastc, or rieglect or thai of his employee. family. agent. or visitor, shall be the responsibility of Lmor or .~is ll~jg~5, .' . I . . Lessee agrecs that no signs shall be placed or painting done on or about the leased premises by Le'$",e or ill his dircction without the prior ....rillen conscnt of Lessor. . 13. Animals. Le.~see shall keep no domes!!c Qf orh.:.r animals 011 or about the leased Jlrcmi~cs ~ without the wrillen consent of l..essor. " . . 14. Ris:1\t of Inzpcc;tion. Lessor Illld hIs lIgents shall have the right at all rcasonaDle times during the term of Ihis lease and any ~neW~llh~rcot to enl~r the d~mised ?l'(mises for'the purpose of inspecting thB premises and all buildi~g and, impr,~vomenIS thereon. , . .,.. \ ,.I -, .". '. ' . ~ 15. DIsplAY of Siens. During tile last 'I If:(' days of this lease. 1..eS$or Qr his lIllent shall have the privilege (If displaying the usual "For Sale" Or "for Rent" or "Vacanty" signs on the demised premi~cs ilnd of showing the prop en)' to prospective purchasers or tenants. 16. Subordlnatioll of L~lIse. This lea~c and Lessee's Ica~ehold interest hereunder litO .:\J'Id .~hall be subject. subordinate. and inferior to MY HeM or l!l1cumbrQnces now or IIerellfter placed on the demised premises by Lessor. alllldv3tlCCl; made under an)' Stich liens Of encumbrances. the interest (laYlIb1e. an any sueh liens or BIICtlmbrallces. and any and all re.nllwals or cxtllllSiOll$ of sllch liens or cnctlmbrances. ~ Ht,l!JQvcr Lessee. Shollld Lessee remaill in possessio . premises with lhe consent of Lessor (ICIer the nn u .. of . new month-lO-montll tCln3ncy ~hall b~ created between umor and Lc~ subjcct and conditivns hereof but ~h:lJ1 I'le termina! ays' WOllen notico served by either LcS~or or U$see ty. 18, Surrl:ndo:r of Pn:mlsrs. At till:' C:llpiralion of lhe 1~;1~e term. Lcsse"h~11 quit ~nd 5\lrre.ndcr the llremises hereby demised ill 8S good slale and con<!ition us they were at the tomrnenccmcnt of this lease. reasonable use and wear thcceof and damages by the ~lements excepted, 19. Ddault. If any default is made ill the payment of renl, or any p~11. thereof. at the times hereinbefore specified. or if ally default is maile in the penolTllllJlCe of or compliance Wilh "ny other tenn or contlilion hereof. Ihe lease. at the option of Lessor. shall.terminate and be forfeited, all" LA~sor may rt:-enter ,he prlmliscs and remove all persons therefrom. Lessee sllall be givel\ wriClen uoric!: of any default or l\re.ach. lInd terminalion alld forfeiture. of the lease shull not result if, within days of receipt of such notiee. Lessee has corrcclcd IlIc default Or breach or has taken !letion reasol1l1blylikely 10 tffect such corrc:ction within a rea.~onahlc time. - 20. Abandonment. If at Ol'll' limo'during the term of Ihis lellse l.cssee abilnduns lbe dcmj~" premises (\I' any pal'\ thereof, Lessor may. at his option. enter the demised premises by any means witbout b~ing liable tor any prosecution theTerQr. and without becoming liable to Lessee for damages or ror any paymenr of any kind whalever, Bnd may. at hi. discrelipn. liS agent for Le:n". rl:l<:.( the demised pfemis,=~, tit any pan thereof. for the whole or any pan of Ihl! then unexpired term, lUld may reccive and collect all rent payable by virtue of stich rele\ting. and. at Lc~~r's oplion. hold Lessee !ill!>le for any difference l>ctween IJJc: r~nt thllt would have becn payable tlndef lhi~ lease during the balanc:e of the unexpired ttm'!. if thi$ lease had continued in force, ~nd the nel rent for such ~fjod realized by Lessor by mean~ of ~uch reJellillg. If Lessor's right of re-entry ;$ tx!:r~'ised following ahandonment "C the .premises by Lessee, thell Lessor may cUlIsider 311)' pe.mmnl property be10ngine t(\ I.es.~c::e and I<:fl on tb.. rr"/Tl;"e~ to a'~(l h:\v~ o.,CI'l ~h~ndont'-rl. in which e~se LeSsor may dhpo~e of all ~uch personal property in ~ny mijnncr Lessor shall ueem proper !lId is hereby re1i~ved of illlliabililY for doing m. 21. lIindlnc EiTl<ct. 1'hl:o eoveMnts and conditions herein contain"d sh~ll apply to and bind II,,, heirs. 1/!J;sJ rcprcs:nmi ves, and aS$igns of the patties hereto, and all I;ovenanu lire to bt wn~trucd a. \;onditions of lhi~ lease, ZZ. Other Terms: IN WITNESS WHEREOF, ti,e: p"rli~~ hilve executc<.l this Il!nse at ~Y=fin"b""1f~ ~ '" S-;l 1.-0 d- L r n Lessee l ~ (~~. . ~~. Lclt!'" F'i.lt~.'1 lie-for;, you VI' this tOrD1, rtOd ;1. fill In aU btllDtl,.. 1T'..e _h.1ttfCl Chl"IU IlIt MWWY to >,OUf ptrt,i-;lJ.I.t Ilia \IOn. Can..1I . Jowy" Ir Y.. d..~llba farm', /I..... ro, PI"' P'l'P"'" Illld u.., E,;; lA.ol F..m. IDII itt< ..111101 MollIe nO "p;.-.:..~i.,;;oitl.J / ' ',.'~' .~.... ."..~o ..., '~"'.~"'-~'''-' ~P;~ TOTAL P.02 Exhibit "B" :;,iit.l:.:..:::.... " ~ :', ~, , ~ ~::. ".'. ". ~~;:;;(;:;' , ~,. ,.r- ., :t' RUG~13-2004 11:15 . of" ; ~"r:'"~,:" I : WWW.OLDBUICKPRRTS.COM 9083697595 P.01/01 F~m A'"~ A~!~.~?E~~.~~~nlu~E~~~" ~0tI( BY THIS AG RlJEMENT made and enlered inlO. On '1/ 2-1( ,~Wl.3 between dA~5 .f:1Jc.. I &Ie.~", "j), Ceu.h n..e. "I i ....7. , herein referred to as Lessor, ' and e,~O n bA- C.A-ftlS (.JCAG-H -t En"ft-&ecr#::>l \.1 ,\'Jerein referred to asl.e$see. Lessor leases to Lessee the premises si.lualed at ,;l S- /fe=.K.fI1M f2o( I AJelu\l.1.le pC!. /J. ' in the City of , County of ,I. . . . _. , State of 1'</, , and more particularly described ;u follows: ~~SHeV 70 R~A(2. ,,," 6-~c;cs Tl:l "f'/2.o'- / / together With all appurtenances. for a term of Ot'\e. .J years, to eo~dnce on fl. / to 3 : . ,and to end on 10/3 "0 'f . . . at ('1- o'clock A-. n1. J. Rent. Lessee agrees to pay. without demand, to Lessor as rent for the demised premises the sum of If 12Cl~ .~ . t;fo I. I Dollars (S1''''-.Ob ) per month in advance on the /.... day of eac\'J.calcndar month beginning II 1103 . . ,attAlt~ rflc 9", ~<''''11 b.~.n'le.. po Box S- AJES/WJiC Sr~T7,,1l City DC , State of ~~). l!I~liS"')"" , (ir lit wc:h .C'l'"!,r pl.,t'.l.' 15 r.tr$.l)f r'y...dBcJilllitc. 2. Security Deposit. On execution of this lease, Lessee deposits with Lessor Dollars ($ ), receipt of which is acknowledged by l.essor. M ~ecurity for the faithful performance by Lessee of !he terms hereof, tei be rctumed to Lessee.' without interest, on the full and faithful p<:rformance by him of the provisions \'Jereof. 3. Quiet Enjoyment. Lessor covenants that on paying the rent and performing the CO"Mants herein conlained, Lessee shall peacefully and quietly have, hold. and enjoy the demised prel!lises. for the agreed lerm. . 4. Use ot Premise~, The demised piemi~es shall be used and:oceupied by Lessee exclusively as a private single family residence, and neither the premises nor any part thereof shall be used at ilny time during the term of this lease by Lessee for the purpose of canying on any business, profession, or trade of any kind, or for any purpose other lhan as a private single family residence. Lessee shall comply with all the sanitary laws. ordinances, rules. and orders of appropriate governmental authorities affecting the cleanliness. occupancy, and preservation of the demised premises. and the sidewalks connected thereto, during the term of this lease. . s. Numir of Occupants. Lessee agrees th!lt the demised premises shall be OCC\lpied by no more than persons, consisting of z... adults and ';1.- children under the age of years, wi out the written consent of Lessor. 6. Condition of Premises. Lessee stipulates that he has examined the demised premises, including the grounds and all buildings and improvements, and that they are, at the time of this lease. in good order, repair, and a safe, clean, and tenantable condition. 7. Assignment and Subletting. Without the prior written COnsent of Lessor, Lessee shall not assign this lease. or sublet or grant any concession or license 10 use the premises or any part thereof. A consent by Lessor to one assignment, subletting, concession, or license shall not be deemed to be a consent to any subsequent assignment, s\lbletting, concession, or license. An assignment, subletting, concession. or license without the prior written consent of Lessor, or an assignmcnt or subletting by operation ofla",. shall be void and s\'Jall, at Lessor's option, tenninate this lease. 8. Alterations a.nd Improvements. Lessce shall make no alterations to the buildings on the demised premises or construct any building or make other improvements on the demised premises without the prior writtcn consent of Lessor. Alllllterations, chenges, and improvements built, constructed, or placed on the demised premises by Lessee, with !he exception of fixtures removable without damage to the premises and movable personal properly. shall. unless otherwisc provided by written agreement between Lessor and Lessee. be the property of Le-_sor and remain on the demised premises atthc expiration or sooner tennination of this lease. 9. Damage to Premises. If the demised premises, or any part thereof. shall be partially damaged by fire or other casualty not due to Lessee's nelilligcnce or willful act .or that of his employee, family. agent, or visitor. the premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to wbicb. the leased premises may have been untenantable; but. if the leased premises should be damaged other tl)an by Lessee's negligence or willful act or that of hi) employe!:. family. agent, or visitor to tbe extent tbat Lessor shall decide not to rebuild or repair. the term oC this lease shall end and the rent shall be prorated \lp to the time of the damage. J~JlllIWI~lt ',I. . ..,...... ell..i"" 2194) RUI>.AH1fp -JI,' . ~~~?,:~~{'-;;;: . }It.~f. . 1;, .. ):~~ AUG-13-2004 11:14 WWW.OLDBUICKPARTS.COM 9083697595 P.01/01 . AV. .......I5".uu~ ........,.Jl..~. l.cssce 5nall not keep or have on the leased premises any artiele or thing of 8 dangerous. innammable, or explosive character that might unreasonably increase the danger of fire on the leased premises or thaI might be considered hazardous or eXlra hazardous by any responsible insurance company. .i ... ,.. ~'I ~' ,,'( . . :.1); 11. Utilities. L~ssee 'Shall be responsible for arranging for and paying for all utilily services required on the premises, excepl that shall be provided by LessOL. .:';, \".' f;. h:~;' '/-,,\' ....l~';., ~~ ~~~~ 12. Maintenanee and Repair. Lessee will. at his sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition alld repair during the term of this lease and any renewal thereof. In particular, Lessee shall keep the fixtures in the house or on or about the leased premises in good order and repair; keep the furnace clean; ke,ep the electric bells in order; keep the walks free from dirt and debris; and, at his sole expense, shall make all required repairs to the plumbing, range. healing, apparatus. and electric and gas fixtures whenever dllmage thereto shall have resulted from Lessee's misuse, waste, Or neglect or that of his employee. family, agent. or visitor. Major maintenance and repair of the leased premises, not due to Lessee's misuse, waste:, or neglect or that of his employee, family, agent. or visitor, shall be the responsibility' of Lessor or his assigns. Lessee agrees that no signs shall be placed or painting done on or about the leased premises by Lessee or at his direction without ,the prior written consent of Lessor. 13. Animals. Lessee Shll:i keep no domestic or other allimals on Or about tlte leased premises without the written consent of Lessor. 14. Right of Inspection. Lessor and his agents shall have the right at all reasonable times during the term of this lease and any renewal thereof to enter the demised premises for the purpose of inspecting the premises and nil buildin~ and improvements thereon, 15. Display or Signs. During the la~t if? days of this lease, Lessor or his agent shall have the privilege of displaying the usual "ror Sale" or "For ~ent" or "Vacancy" signs on the demised rrr.miJ;f'" '!n~ or ~hc1.~':n:... lhe prcf.~rtj! to p::.:::;: ...;l! ./c .fiJ.cha5(..r~ ....: tenants. 16. Subordination of Lease. This lease and Lessee's leasehold interest hereunder are and shall be subject. subordinate, and inferior to any liens or encumbrances now or hereafter placed on the demised premises by Lessor, all advances made under any such liens or encumbrances, the intcte$t payable on any such HellS or encumbrances. and any and all renewals or extensions of s\lch liens Or encumbrances. n. H9Ido"..r hv Lessee. Should Lessee remain in poss~sio premises with the consent of Lessor after the na .. 0 '. new month-to-month tenancy shall be created between Lessor and Le~~ subject 0 and conditions hcreQf but shall be terminat ays' written notice served by either Lessor or Lessee y. 18. S~rrender or Premises. At the expiration of the lease term, Lesse8llthall quit and surrender the premises hcreby demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the ~)cments eltcepted. 19. Default. If allY default is made in the payment of rent, or any part thereol, lit the times hereinbefore specified. or :: any default is made in the performance of or compliance with any other term or condition hereof, the lease, at the option of Lessor, shall terminate and be forfeited. and Lessor may rc-enter the premises and remove all persons therefrom, Lessee shall he given written notice of any default or breach, and tennination and forfeiture of the lease sl1all not result if, within. days ot rcceipt of such notice, Lessee has correctcd the default or breaeh or has takcn action reasonably likely to effect such correction within a rea.~Ollable time. 20. Abandonment. If at any time during the term of this lease Lessee abandons the demised premises or IIny part thereof, Lessor may, at his option, enter the demised premises by any me;llls wilhout being liable for any prosecution therefor, and without becoming liable to ~ee for damages or for any payment of any kind whatever, and may. at his discretion, as agent for Lessee, relet the demised premises, or any pan thereof, for the whole or any part of the then unexpired tenn, llnd may receive and collect all rent payable by virtue ot such reletting, and, at Lessor's option, hold Lessee liable for any difference between the rent that would havc been payable under Ihis lease during the balance of the unexpired term, if this lease had continued in force, and the net rent for such period realized by Ll,\Ssor by means of such reletting. If Lessor's right of re-entry is exercised following abandonment of the .premises by Lessee. then Lessor may consider any personal properly belonging to Lessee and left on the premises to also have \>cen abandoned. in which case Lessor may dispose of al\ such personal plOpeny in any manner Lessor shall deem proper and is hereby relieved of allliabililY for doing so. 21. Binding Effect. The covenanl.~ and conditions herein contained shall apply to and bind the heirs, legal represcntatives. and assigns of the parties hereto. and all covcnantl; are to be construed as conditions of this lease. ZZ. Other Terms: IN WITNESS WHEREOF, the parties have executed this lease at ""'''rX~?;~d2 ;@'LnufZ II~k .z Leel. Farml. BefDre you u,e: Ihit (onn, read Jr. fiU In. aU bJanU. ....d ml\ke whatever chanltl fU'e Manu)' to YOUl pal'de"t.r .aeIiOll. C...ul! . I.~.r ir rOll doube .he (....'. fil.." for your pu.,..,.. IIAd .... E.Z LeS.f Form. and lbe relli/or mWl n. ropreac:nbll.ion or IY. e.lft'. or Imp"'.. "m~ ...""or I. lb. I of 1llI, (Otl'll fot an inlended use .r pu","", <: /l- (l' _~~~ : - Lflr~?,," v~ ~~-~ Exhibit "C" ~b:>?-" .~~:,:' :~~;;~'<" . ~~l,'::~:. ;~!;1\: .. ~. ',,", :.~j't ::f"{" '~-d{:f<' ","/' (." . '.';' ". -. (}I ~AJN Cea:, h Ttf€ qor;-3'9-3(,', Form AJ10 . RESIDENTIAL LEASE Apartment -. Condominium - House BY THIS AGREEMENT made and ent:red into on e /311 ~oo't between Go/e."., b. Ce"l,j",e ,herein referred to as Lessor, and /J4rG T "8~J4HD V "'G'~S'<:.o ,herein referred to as Lessee, Lessor leases to Lessee the premites situated at ~!i' H ec.)::-1\1 "'" 12e1. , in the City of N C-c..J 110' II G , County of Il. ' State of {' q . , and more particularly described as follows: rr04 Se.. '\ SHeD To Re.4~) ~ 'lAIeI4Qes fo F'~."'r .J . together with all appurtenances, for a term of D" eo YeMf. to commence on NOVe"" b~Y' /, ').00'1 , and to end on Oe. To bt..... 31) ;,oos ' at /1- o'clock A. m. ,I, Rent. Lessee agr~s to pay, without de~!I)1d, to Lessor as rent for the demised premises the sum of !'fHe. +h~4.fil->'rb ~ h~r1e(req e,SWfl~ pre:" -leA"'" I 'P4'f Able.. 43. ($'7U.oo ) per month in advance on the 1ft. day ofeabh calendar month beginning Ifldo<( , CAAS :#N<:. IUrN: GCeM" Ceec.k,....c.. Too. -eo~ S- . City of Ifesh "...,e. ~f", ,State of N.:r. O"i3 ' or at such other place as Lessor may deSignate. 2. Security Depo~it. On executwn of this lease, Lessee deposits with Lessor .p~~re mO\ltW'\e, ...) nl"t: h~..fi~el( "f;(ry . Dollars ($ qSO'Ot> ), receipt of which is acknowledged by L~ssor, as security for the faithful performan~e by Lessee of the terms hereof, to be returned to Lessee, without interest, on the full and faithful performance by him .of the provisions hereof. 3. Quiet Enjoyment. Lessor covenants that on paying the rent and performing the covenants herein contained, Lessee shall peacefully and quietly have, hold, and enjoy the demised premises for the agreed term. 4. Use of Premises. The demised premises shall be used and .occupiedby Lessee exclusively as a private single family residence, and neither the premises nor any part thereof shall be used at any time during the term .of. this lease by Lessee for the purpose of carrying on any business. profession, or trade of any kind, or for any purpose other than as a private single family residence. Lessee shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks connected thereto, during the term of this lease. S. Number of Occupants. Lessee agrees that the demised premises shall be occupied by no more than 3 persons, consisting of Ol . adults and I childrcn under the age of years, without the written consent of Lessor. 6. Condillon of Premises. Lessee stipulates that he has examined the demised premises. including the grounds and all buildings and improvements, and that they are, at the time of this lease. in good order, repair, and a safe. clean, and tenantable condition. 7. Assignment and Subletting. Without the prior written consent of Lessor, Lessee shall not assign this lease, or sublet or grant any concession or license to use the premises or any part thereof. A consent by Lessor to one assignment, subletting. concession, or license shall not be deemed to be a consent to any subsequent assignment, subletting, concession, or license. An assignment, subletting. concession. or license without the prior written consent of Lessor, or an assignment or subletting by operation of law, shall be void and shall, at Lessor's option, terminate this lease. 8. Alterations and Improvements. Lessee shall make no alterations to the buildings on the demised premises or construct any building or make other improvements on the demised premises without the prior written consent of Lessor. All alterations, changes, and improvements built, constructed, or placed on the demised premises by Lessee. with the exception of fixtures removable without damage to the premises and movable personal property, shall, unless otherwise provided by writtcn agreement between Lessor and Lessee, be the property of Lessor and remain on the demised prcmises at the expiration or sooner tennination of this lease. 9. Damag~ to Premises. If the demised premises, or any part thereof, shall be partially damaged by fire or other casualty not due to Lessee's negligence or willful act or that of his employee, family, agent. or visitor. the premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the leased premises may have been untenantable; but, if the leased premises should be damaged other than by Lessee's negligence or willful act or that of his employee. family. agent, or visitor to the extent that Lessor shall decide not to rebuild or repair, the term of this lease shall end and the rent shall be prorated up to the time of thc damage. J~5'1111[lilt (Revised 2194) Run.. AH'HP ~?" t. >~" (' thing of a dangerous, inflammable. or explosive character that might unreasonably increase the danger of fire on the leased premises or that might be considered hazardous or extra hazardous by any responsible insurance company, 11. Utilities. L~ssee 'Shall be responsible for arranging for and paying for all utility services required on the premises, except that shall be provided by Lessor. 12. Maintenance and Repair. Lessee will, at his sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, Lessee shall keep the fixtures in the house or on or about the leased premises in good order and repair; keep the furnace clean; kc;.ep the electric bells in order; keep the walks free from dirt and debris; and, at his sole expense, shall make all required repairs to the plumbing, range, heating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Lessee's misuse. waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance and repair of the leased premises. not due to Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor, shall be the responsibility of Lessor or his assigns. Lessee agrees that no signs shall be placed or painting done on or about the leased premises by Lessee or at his direction without the prior writlen consent of Lessor. 13. Animals. Lessee shall keep no domestic or other animals on or about the leased premises without the written consent of Lessor. 14. Right of Inspection. Lessor and his agents shall. have the right at all reasonable times during the term of this lease and any renewal thereof to enter the demised premises for the purpose of. inspecting the premises and all building and improvements thereon. 15. Display of Signs, During the last '15' days of this lease, Lessor or his agent shall have the privilege of displaying the usual "For Sale" or "For Rent" or "Vacancy" signs on the demised premises and of showing the property to prospective purchasers or tenants. 16. Subordination of Lease. This lease and Lessee's leasehold interest hereunder are and shall be subject, subordinate. and inferior to ~ny liens or encumbrances now or hereafter placed on the demised premises by Lessor, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 2:1. 1I01"Qvnr hy Lessee. Should Lessee remain in possession of 'IJ, J"'lI1tsed premises with the consent.of Lessor after the natulill o:.xpirOl;nn of lhi., !u..... a new month-to-month tenancy shall be created b:tween Lessor and Lcsscp "<hiel. .I.aIlOO subject to alltl>>\"rms and conditions hereof but shall be termi,1 "!1 days' written notice served by either Lessor or Lesse~ty. 18. Surrender of Premises. At the expiration of the lease term, LesseMhall quit and surrender the premises hereby demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the e.IemenlS excepted. 19. Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified. or if any default is made in the performance of or compliance with any other term or condition hereof, the lease, at the option of Lessor. shall terminate and be forfeited, and Lessor may re-enter the premises and remove all persons therefrom. Lessee shall be given wriuen notice of any default or breach, and termination and forfeiture of the lease shall not result if, within IS-days of receipt of such notice, Lessee has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time. 20. Abandonment. If at any time during the term of this lease Lessee abandons the demised premises or any part thereof. Lessor may, at his option, enter the demised premises by any means without being liable for any prosecution therefor, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at his discretion, as agent for Lessee. relet the demised premises, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such relelling, and, at Lessor's option. hold Lessee liable for any difference between the rent that would have been payable under this lease during the balance of the unexpired term, if this lease had continued in force, and the net rent for such period realized by Lessor by means of such relelling. If Lessor's right of re-entry is exercised following abandonment of the .premises by Lessee, then Lessor may consider any personal property belonging to Lessee and left on the premises to also have been abandoned, in which case Lessor may dispo5C of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for doing so. 21. Binding Effect. The covenants and conditions herein contained shall apply to and bind the heirs, legal representati ves, and assigns of the panies hereto. and all covenants arc to be construed as conditions of this lease. /..eSSct will fAv,de. tpl!.oor ()f f<et1kt'.t ,1:'~SIUQ ~ce , 22. Other Terms: OIL -rANI< Will ;be. .pIllet! by ).esro,. ~fo1't:e liMo'! wktn Ae~ee leAvts 0,. ~foI1 o>&(f1res, Ae.sree will .r,/1 OIl. fA.,~ . + h,s IN WITNESS WHEREOF, the parties have executed this lease at 6~C-. I l' G2'Y'~~~~;~ffi{~l/w ~~~ Q .. u," ,~. ..,= ~ = ~. ,~. .. ;,. "" ,. ., .~.. ., _" .__ ._. : .."~ . ~, _w .n.acuon. Con..11 . I.wyer il you doubl lhe lorm',. nine" lor your purpole .nd Ule. E.Z 1.<,.1 Form. I.d the j~il.r illite no reprele.lllion or W"'lnty, ..pre.. or implied. witb re.petllo tile I of Ibi. lorm lor .. i..ellClcd ... or purpose. i i I i I I. I f i I Exhibit "D" Bath Towel bar missing. Cost Labor - Fill, sand, paint, drill, install N ails in wall Labor - remove, spackle, sand, spackle Material - included Bedroom rear toward barn Shelves taken, holes left in wall. #1, #3 White shelves nailed or screwed into wooden walls, #2 Labor - remove, putty, spackle, sand, spackle Bedroom front toward barn Shelf removed, holes left in wooden wall. #4 Labor - remove, putty, sand, spackle Material - included Labor - remove, spackle, sand, spackle Material - included Carpet needs cleaning Brown shelf nailed & screwed into wooden wall. #5 Labor - remove, spackle, sand, spackle Material - included Bedroom rear toward road Shelves nailed or screwed into wooden wall. #6 Labor - remove, putty, sand, spackle Material - included Nails left in walls. #7 Labor. Remove, putty, sand, spackle Material - included Broken or missing electrical outlet covers Material Screen tom and pushed in. #8 Labor. Remove old screen, replace Material Bedroom front toward road Shelves nailed or screwed into wall. #9 Labor. Remove, putty, sand, spackle Material - included Paneling taken from closet. # 1 0 Material, glue, nails, paneling Labor - remove all screws, nails, staples. Locate paneling Cut, install. Shelves torn from closet, screws & broken tabs remain. #11 Shelves & tabs Labor. Remove, fill holes Material - included $11.86 $15.00 $15.00 .' $30.00 $30.00 $30.00 n/c $40.00 $30.00 $40.00 $ 6.00 $35.00 $ 7.00 $40.00 $30.00 $60.00 $33.00 $45.00 Screen tom and pushed in. # 12 Labor - remove old screen, replace Material Holes in walls Labor - remove, spackle, sand, spackle Material- included Laundry room Nails in far comer Labor - remove, spackle, sand, spackle Material - included $35.00 $ 7.00 $30.00 $20.00. Office Tape applied over electrical switch. Carpet was new Dirt smeared on wall (from exercise equipment?). #15 Labor Living Room Dart board was hung on front door. Hundreds of holes left in door and walls #'s 16 & 17 Labor. remove, fill, sand, paint Material - putty, sand paper Front room off Kitchen Door was forced open. Split in the middle about 3 feet. #18 Labor - Replace door, exchange locks. Cost Carpet was new, split or pulled apart in middle. #19 (from exercise equipment?) $15.00 $60.00 $ 6.00 $250.00 $295.00 Replace Dirt smeared on wall (from exercise equipment?). #20 Labor Tape applied over electrical switch. #21 Back yard. Left unattended for months. Labor Gas Reason for mold on back window Labor Materials included $600.00 $15.00 $120.00 $ 3.00 $15.00 Garage Oil dumped on ground and leaking into soil. #22 Oil dumped on concrete. #23 Oil left in several areas Labor Speedy Dry, Mineral spirits, 4 gal Dawn, Brush $60.00 $15.00 $16.00 $3.50 $6.5.0 . . . .' Garbage removal throughout entire house... #24, 25, 26 Garbage, clothes, sofa, refrigerator, wall hangings, plants, food, toys, piano Chairs, beds, mirrors, etc. Bum and clean-up Labor $180.00 Materials Spackle Sand paper Putty Patching Plaster Commercial 409 cleaner HD garbage bags Scotch brite pads Murphy soap Fabreeze Sponge $6.50 $6.76 $4.90 $5.96 $2.94 $9.96 $3.94 $5.28 $4.66 $5.74 Total $2,306.50 ~ .CIi r- if? ~ (). tp! ~ ~\ ~ ~ V) ~ -.0 (""f f. ;' ., ".l () "n rG) -- " - --I ", Iri:r.:! r'.- -.-,rn {'i' ;! ";;~ :~ ....:.: Ct~ C) \..l:; .,,< Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA GLENN CECCHINE, v. : NO. 04-5830 CIVIL TERM RHONDA CARBAUGH and ERIK BRECHBILL, Defendants : BREACH OF CONTRACT ANSWER Defendants Rhonda Carbaugh and Erik Brechbill fik~s the following Answer to Complaint of Plaintiff Glenn Cecchine. 1. Denied. Defendant has no knowledge of said Plaintiffs address. The only contact that was made for this contract was through a Mr. Eugene Reynolds. 2. Admitted 3. Admitted. Lease was signed by Defendants, without witnessing Lessor signature. 4. Admitted 5. Denied. Defendant did sign on November 24,2003 to lease premises for one year from September 1, 2003 through August 31, 2004. The first page of the lease that is included with this complaint does not resemble one that was signed by Defendants, the dates were not filled in when it was signed. No copy was provided to us when complete. 6. Denied. Check for June's rent was placed in old car in barn (which was custom for the prior two years) with notice that Defendants were moving and tenant insurance verification. Check was never cashed. 7. Denied. Defendants began moving items on July 24, 2004, never given the chance to move the rest of belongings before locks were changed and No Trespassing signs put up. No payments have been made. 8. Denied. Plaintiff never contacted Defendants in person or writing. Eugene Reynolds did appear at Rhonda's place of employment and was told it was inappropriate to talk there. Plaintiff s lawyer made: several phone calls to Rhonda's place of employment after being told not to contact at work. All contact was to be made through the mail. 9. Denied. Premises was not abandoned. Eugene Reynolds came to Rhonda's place of employment on August 2, 2004 because he was contacted by the electric company saying the electric was going to be turned off per Defendants request. Eugene was told that defendants has begun to move and would have the home cleared and cleaned by August 8, 2004. Eugene and his wife became very irate and were asked to leave. Rhonda left work early that day to move some more things as well as clean the house, but was not able to due to locks on the home being changed and No Trespassing signs on the doors. 10. Denied. Most of the damages claimed were preexisting or happened during the course of defendants lease due to weather and/or poor quality construction. The cleaning was to be done by Defendants, couLd not be completed due to locks being changed. This is explained fully in the Answer to Plaintiffs "Exhibit D". 11. Denied. The cost to repair the damages that were caused by Defendants is estimated at $140.00. Exhibit E Security deposit paid by defendants was $1125.00 with no written explanation from the Plaintiff as to how that money was to be applied. BREACH OF CONTRACT 12. Denied. Paragraphs 1-11 have been modified in Answer. 13. Denied. No written explanation of charges have been received by the Defendants until November 23, 2004. Written notice was given by the Defendants of intent to move on May 28, 2004. There was no response from that notice. Several phone calls from Plaintiff s attorney were made to Defendant's employment after being told not to contact there, to do so through forwarding service at the Newville Post Office, to collect rent that Plaintiff believes he is owed. No mention was made of any damages in the home. 14. Defendant did occur damages to personal property and health as a result of renting this premises in the amount of $3,050.00 Exhibit F. 15. Defendants did on several occasions request dama.ges be repaired. Requests were made to Eugene Reynolds. Most were not completed. See answer to Exhibit D. WHEREFORE, the Defendant requests judgment against the Plaintiff in the amount of$3,050 for damaged property, and $1,125.00 as the security deposit, minus the cost of our damages $125.00, and Unpaid rent for June, July, & August $2298.00, for a total of$1752.00, plus costs and expenses and such other relief as the Court deems appropriate. Rhonda Carbaugh Erik Brechbill Defendants ~~ ~ Rhonda Carbaugh Erik Brechbill PO Box 352 Shermans Dale, PA 17090 717-582-2618 I!)-IJ 'i:J ;": . fl;: Li <. () ~; ': \..c:. ::.: -< r.....:> co> c:;::> .r:- c:? rq 'J 1 ......J o ." --I :r: -Tl r-np -0 rr=g -;::1 -S.' :'-.) ';.1 ~.i..' ..:: ....,...:, ~')~ ,. ) .:"-\ ~ 3': w rv ~'~~ ANSWER TO EXHIBIT D Bath Towel Bar Missing- Wainscoting in bathroom fell off of the wall from weight of towel on bar, due to poor installation of the wainscoting. It was glued to a plaster wall. Requested it to be repaired. Never completed. Defendants reinstalled wainscoting without towel bar so incident did not happen again. Nails in wall- Nails were there when we moved in. Never hung anything on walls in Bathroom. Bedroom Rear Toward Barn Shelves taken- Defendants told OK to rnove shelves. They were moved to Bedroom Rear toward road. White shelves installed- Defendants told OK to install shelves as there are no closets in the home for clothing. Bedroom Front toward Barn Shelf Removed- Shelf was there when w.e left. Carpet needs cleaned- admitted... was child's bedroom spilled art materials. Brown Shelf installed- That shelf was there when we moved in also. Bedroom Rear toward Road Shelves installed - These shelves were rnoved from other bedroom. Defendants were told ok to move due to the fact there were no closets. N ails in walls- Nails were already there when we moved in. No nails were put in walls by Defendants to hang anything. There were plenty there already. Broken! missing electrical outlets- Thes(~ were missing when defendants moved in. Several requests were mlade to have repaired as this was also a child's room. They were never repaired. Many outlets in the home were not installed properly. Screen tom- Screen was tom by an icicle: that was hanging from the roof. Bedroom Front toward Road Shelves installed- Defendants were told OK to install shelves due to fact that there were no closets in bedrooms. Paneling taken from closet- Paneling fell down due to water damage from leaking roof, was not a closet. .,just a wall. That bedroom had water damage every time it rained or snowed. Requested repairs. Never completed. Shelves tom from closet- Shelves that 'were installed on wall. . . there were no closets... fell down frOITL hanging clothes on them, poor installation. Asked to have repaired. Never completed, so Defendants hung shelves in different location where water from roof would not damage clothing any longer. Screen tom- Again icicle hanging from roof fell off & tore screen. This is a two story house with metal roof. Defendants not comfortable getting on roof in winter to remove ice. Laundry Room Nails in far comer- Nails were there when Defendants moved in. No nails were placed in home by Defendants. Office Tape applied over switch- Defendants did place tape over switch after requesting electrical system be fixted and was never completed. Every time switch was used fuses vvere blown. Carpet was new- None of the carpet was new when Defendants moved in. It may have been newly laid, but was not done correctly, it was very loose to the floor, causing "bumps" in carpet. Dirt on wall- Defendants unsure of cause. May have been caused by Defendants. Living Room Dart Board hung on door- Admitted that Vilas done by Defendants. Planned on completing repairs before vacatingpcompletely. Front Room Off Kitchen Door Forced open, split in middle- Door cracked when house was structurally damaged from windstorm. Front wall of househad bowed in and all the pressure of house was on door, causing it to crack. Requested house be looked at by contractor to make sure safe to be in and repaired. Never completed. Carpet New- Carpet was old carpet laid over bare floor with no padding. Poorly installed and pulled apart in the middle when Defendants moved in. The only piece of exerdse equipment used in home was a Nordic track that was only used a total of 5 times before it was placed in a comer. Dirt on wall- unsure of cause. Tape applied over electrical switch- again would short fuse if used. Back yard Left unattended for months- after repeated requests to remove large chain link fence that was to be removed before Defendants moved in, Defendants were unable to get riding lawn mower to the back yard, attempted to trim with shears, but piles of dog waste deterred Defendants from going in back yard. Reason for mold on back window- cardboard that was taped to window to fix a broken window. This was there when Defendants moved in with a promise to have new window installed. Never completed. Mold & mildew throughout entire house stemming from a problem with the furnace in the basement that blows steam and/or water on a daily basis into the house. Not properly vented to the outside of the house. Garage Oil Dumped on ground and concrete/ left in several areas- Former tenant had a business of working on vehicles. Many different vehicle parts and oil left in garage ",hen Defendants moved in with a promise that is was to be cleaned. Never cleaned. Defendants do not do any work including oil changes on any vehicles including their own. That garage was used by defendants only as a bike and garden shed. Garbage Removal Defendants do not feel they owe for this cost due to the fact they were never given the opportunity to do it themselves before being locked out of the house. Some of those things were still wanted. Three of the beds were not Defendants property, they were left there by former tenants. EXHIBIT E DANU\GESTOPROPERTY Front Bedroom Toward Bam- Carpet did need cleaning. $30.00 Living Room- Labor to sand and paint door. $30.00 Paint $5.00 Remove Shelves and repair walls from holes in 3 upstairs bedrooms. $60.00 TOTAL $125.00 Exhibit F ~erty not returned or damaged Refrigerator damaged by mold & mildew in home- $1000.00 Piano Damaged by mold, not returned- $800.00 Antique Sewing Machine not returned- $600..00 20 Old Records $90.00 Bed frame & Mattress damaged by mold, not returned $400.00 Valuable papers & documents Children's toys Rocking Chair damaged by rodents, not returned- $40.00 Sofa damaged by rodents, not returned- $120.00 TOTAL $3,050.00 r~ ~ :" (' .;~... ~ ~'; --< (-) C. ......:\ ~~~ ,~:- c::'l r '-I c-; I -.J (") ':i'i --I ir::~, II r'., ".Oi'l"' ~)? ::) I") ~;~ :-. i ..J..;' ..~~J -<.: :r:~' :.~ (....) W GLENN CECCHINE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04- 5830 CIVIL TERM RHONDA CARBAUGH and ERIK BRECHBILL, Defendants : BREACH OF CONTRACT PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Gregory H. Knight, Esquire and Knight & Associate~:, P.C., 11 Roadway Drive, Suite B, Carlisle, Pennsylvania, 17013, Counsel for the Plaintiff in the above action, respectfully represents that: I. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $5,011.50 plus costs and expenses. The counterclaim of the defendant in the action is $4,175.00. The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: Gregory H. Knight, Esquire and Sean M. Shultz, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ( Date: February 1-, 2005 (/7~1 V) K. \?j k1- Gregory H. Knight ORDER OF COURT AND NOW, petition, Esq., , 2005, in consideration of the foregoing Esq., and Esq. are appointed arbitrators in the above-captioned action as prayed for. By the Court, P.J. /0~~ t 1l "I \l f- ~ c; 2,V-IJ Z3 P-- r -f.. ,~'l ......., "r: r-q, :11 r.j:;l I f''' cj - GLENN CECCHINE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04- 5830 CNIL TERM RHONDA CARBAUGH and ERIK BRECHBILL, Defendants : BREACH OF CONTRACT PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: \ Gregory H. Knight, Esquire and Knight & Associates, P.C., II Roadway Drive, Suite B, Carlisle, Pennsylvania, 17013, Counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $5,011.50 plus costs and expenses. The counterclaim of the defendant in the action is $4,175.00. The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: Gregory H. Knight, Esquire and Sean M. Shultz, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ( Date: February 1-,2005 ., -J/4V) /-(, \?) kt-- Gregory H. Knight ORDER OF COURT AND NOW, . Esq., and W)d~ are appointed arbitrators in the above- aptioned action as r./~, , 2005, in consideration of the foregoing A~ & petition, , (lkko pray f~ Cf:1 ~,--IJ_..P ;!; J ~~ By the Court, P.J. /. " ./ _~~;2 I'I_O<! ~ y ();:t:b, /~iJ lJ~~ 1- 1l ~ f- -- \) () &. C: Z3 rP I t ---l... ~v ".., , ;;'5 sz :C \:; G- G3:! pa:- I N 6 -' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05830 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CECCHINE GLENN VS CARBAUGH RHONDA ET AL R. Thomas Kline / Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT / to wit: CARBAUGH RHONDA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 2nd / 2004 / this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County 18.00 9.00 10.00 35.50 .00 72.50 12/02/2004 HANFT & KNIGHT So answe~:.. /-.:-?~/->:.//. .. o:..~:?' /~/..,.;?/:: /~c:: --.> .. R! Thomas Kline ~ Sheriff of Cumberland County Sworn and subscribed to before /) day of "- j~ .. ~-( 7 . '7 A.D. me !c:;; this 7 .... ;< ()jJ .5'" CJur~ {l )ud-'~., #, Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05830 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CECCHINE GLENN VS CARBAUGH RHONDA ET AL R. Thomas Kline ! Sheriff or Deputy Sheriff who being duly sworn according to law! says! that he made a diligent search and and inquiry for the within named DEFENDANT ! to wit: BRECHBILL ERIK but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County! Pennsylvania! to serve the within COMPLAINT & NOTICE On December 2nd! 2004 ! this office was In receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge So answers:""! 6.00 .00 10.00 .00 .00 16.00 12/02/2004 HANFT & KNIGHT / :::~ ~<<p~'-7 A-~.:..-,_/ .-<" R<' Thomas Kl il1€ Sheriff of Cumberland County --7 Sworn and subscribed to before me ] this 1.!: day of y~ c2tv5 A.D. ;/}, v?L Q. ~,J€(" ~ ~ Prothonotary ,--I In The Court of Common Pleas of Cumberland County, Pennsylvania Glenn Cicchine VS. Rhonda Carbaugh et al SERVE: Rhonda Carbaugh No. 04-5830 civil Now November 22, 2004 , , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of County to execute this Writ, this Perry deputation being made at the request and risk of the Plaintiff. . ...-r h" /' .'. ~r /;#." ~ 9:;/'/': ~- *"'.,...' ..,"" .-' . ;'?~ ......~.:.:(, /..;' <c.(~';::;..,..,..<~ t ~..t ..,' ..-. Sheriff of Cum berland County, P A Affidavit of Service Now, November 24 20 04 at 11: 07 o'clock A , -' M. served the within Notice & Complaint upon Rhonda Carbaugh ill 265 Landisburg Rd. Shermansdale~ PA 17090 (Spring Twp) by handing to Erik Brechbill, Adult in Charge a True & Attested copy ofthe original Notice & Complaint and made known to him the contents thereof. So answers, Aaron D. Richards ~~ rlJ ~~ Deputy Sheriff of Perry County, PA Sworn and subscribed before me this J2i day of kan~ 20~ 'f-~~ COSTS SERVICE MILEAGE A.FFIDA VIT $ $ NOTARIAL SEAL MARGARET f. fUCKlNGER, NOTARY PUBUC BLOOMFIElD BORo., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16 2008 In The Court of Common Pleas of Cumberland County, Pennsylvania Glenn Cicchine VS. Rhonda Carbaugh et al SERVE: Erik Brechbill No. 04-5830 civil Now November 22, 2004 , , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~# /.~' . . ~.. . ~?-.,...~' .~ ~.,...c;:~..t'_ ~&';..G.~~...;" , ~? - Sheriff of Cumberland County, P A Affidavit of Service Now, November 24, 20 04 at 11: 07 o'clock A M. served the , -' within Not~e & Complaint upon Erik Brechbill ill 265 Landisburg Rd. Shermansdale, PA 17090 (Spring Twp) by handing to Erik Brechbill, Defendant a True & Attested copy of the original Notice & Complaint and made known to him the contents thereof. So answers, Aaron D. Richards Deputy d'~)9 ~ Sheriff of Perry County, PA Sworn and subscribed before me this M day of Deant&1' 20W- ---ma1 ~1~. .11 NOTARIAL SEAL RET F. FUCKINGER. NOTARY PUBLIC BlOOMFIELD BORO., PERRY COUNlY MY COMMISSION EXPIRES FEB. 1 2001 COSTS SERVICE MILEAGE AFFIDA VIT $ L $ ~ GLENN CECCHINE In The Court of Common Pleas of Cumberland Plaintiff RHONDA CARBAUGH and ERIK BRECHBILL, County, Pennsylvania No.~- 5830 Defendant Civil Action - Law. Oath We do solemnly swear (or affrrrn) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealt at we will discharge the duties of our office with fidelity. I~ 9 t.vc.Ll......... Signature 1/ dt /-M-c4J l Sig!!:life Thomas J. Williams, Esquire Name (Chairman) MARTS ON DEARDORFF WILLIAMS & OTTO Law Firm Galen Waltz, Esquire Name Lucy Johnston Walsh, Esquire Name TURO LAW FIRM Law Finn FAMILY LAW CLINIC Law Firm 10 East High Street Address 28 South Pitt Street Address 45 North Pitt Street Address Carlisle 17013 Carlisle 17013 Carlisle City, Zip City, Zip City, tF/l7'i3 Ji/i.J~fd H/SOYY' We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shaH be separately stated.) I tv Yl\v C'~ of ~1-."":tV'\lf't= "./'J11 AG.-AitJST OE""e:.t..JA",,..;, ~Ol\.. \Jt-Jt":/1 R~U"7 \0.) ",f\-o.o.lo..J, 0(:7 -'f:3.f'3c.<:-?- ~"...H~ f"dt'. S:'E~v.'\.;\'"( ~~t>"S'.\ I~ .kJ'.HlIIU.... o~ ~I,\~S',~ _ fL';'J-l;-I"'';'.f \4A\I~ "'LA..~4."\ ~e<l!:t\le~ IirllO' ;rll\~.~ S-e-'-...~'.""f ~.?i'cS';\'. , Arbitrator, dissents. (Insert name if applicable.) 17013 Zip Date of Hearing: I' / l f'1 d ~- )(zflor ~ squire (Chairman) Date of Award: Notice of Entry of Award Now,the ;~.'!3- daYOf~ ,200:;" ,at;;:V? , iLM., the above award was entered upon the docket and notice there f gIven by maIl to the partIes or theIr attorneys. Arbitrators' compensation to be paid upon appeal: $ .).90. (.,'1) By: . n ...,~ Yt.yc~ w.. /11 d.:t><...... Deputy Prothonotary ~ ~ ,_",,0'> -~ ,-, '~:::; ~~ :;,.... _.:, ;'0 Ln c> -0 J:"" 0' GLENN CECCHINE In The Court of Common Pleas of Cumberland Plaintiff RHONDA CARBAUGH and ERIK BRECHBILL, County, Pennsylvania No.~ 5830 Defendant Civil Action - Law. Oath We do solenmly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonweal t we will discharge the duties of our office with fidelity. '(~..-" 9 \.viLt_ Signature /I ~ ~M-vb)l SignYjji!-e Thomas J. Williams, Esquire Name (Chairman) MARTSON DEARDORFF WILLIAMS & OTTO Law Finn Galen Waltz, Esquire Name Lucy Johnston Walsh, Esquire Name TURD LAW FIRM Law Finn FAMILY LAW CLINIC Law Finn 10 East High Street Address 28 South Pitt Street Address 45 North Pitt Street Address Carlisle 17013 Carlisle City, Zip City, JI/:< 11'1 ii IS/)::,-y' 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.) J" tv F'I\" "A of ~J,.."':'-I\if'~ ..../'Ill> 1'!&.-~it.JS'T \)EC::e:t.JIl."''''', ~c){\.. \l~t":A ~~u, \u ",,,,,"olfJ...J, o~ ~"J.1?3<l.~ ~"'>Ilo f-cl{\. Sec.v/\.;'''{ \>~~o~'.\ \'-l A-M"~u. of :!f1\\?.~,C!l. fL'-;,..,n"~IJ ~A"~ ,.LA:eA&\"( 1't.~<lP:t"t:!1!. ~e' ~\,\~S.ory St:-c:....{L:,"t l)e-r"~~i'. . Arbitrator, dissents. (Insert name if applicable.) Carlisle City, 17013 Zip 17013 Zip ~ Jl7'i3 Date of Award: J'b. f'ld~- 5"{z.; lor ~ squire (Chairman) ':111'~ ~~It"~~~ Date of Hearing: Notice of Entry of Award Now,the ;.:.;'~ dayof~ ,200:/' ,atl!.'''' , lL.M., the above award was entered upon the docket and notice there f gIVen by mall to the partIes or theIr attorneys. Arbitrators' compensation to be paid upon appeal: $ ;l9o, c.ro By: LhL~ Q hl.db.-- Deputy Prothonotary ~~.":. 3~'" ,. . , . '\t- . · \. ~r' ~~ .5~ ;( .). OoJ - 9-.-, o.c( ~> c.:::J C'.~ """ ::;;;.;, ~. <'V 0: "'" :3-: .r- en -