HomeMy WebLinkAbout05-0095
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CLYDE L. BERTRAM and
LINDA R. BERTRAM,
Plaintiffs
v.
~ CIVIL ACTION NO. () r - 9S (}tu ~Lc,-€lLnr.
KEVIN LEITZEL and
DORIE L. LEITZEL,
Defendants
NOTICE
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days
after this complaint and notice are served, by entering a written appearance
personally or by attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the complaint or for any
other claim or relief requested by the 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
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse de
estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias
de plazo al partir de la fecha de la demand a y la notificacion. Hace falta asentar
una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en
forma escrita sus defensas 0 sus objeciones alas demandas en contra de su
persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y
puede continuer ia demanda en contra suya sin previo aviso 0 notificacion.
Ademas, la corte puede decidir a favor del demandante y requiere que usted
cumpla con todas law provisiones de esta demanda. Usted puede perder dinero 0
sus propiedades u otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO
TIENE ABOGADO 0 SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL
SERVICO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CLYDE L. BERTRAM and
LINDA R. BERTRAM,
Plaintiffs
v.
: CIVIL ACTION NO. Df;' - qS (!;CJ~ l Y<fl2-~
KEVIN LEITZEL and
DORIE L. LEITZEL,
Defendants
COMPLAINT
1. Plaintiffs, Clyde Bertram and Linda Bertram, are adult individuals, husband
and wife, residing at 1023 York Road, Dillsburg, Cumberland County, Pennsylvania.
2. Defendants, Kevin Leitzel and Done L. Leitzel and Kevin, are adult
individuals, husband and wife, residing at 510 Hogestown Road, Mechanicsburg,
Cumberland County, Pennsylvania.
3. On May 10, 2004, plaintiffs leased the premises at 1023 York Road, Dillsburg,
Monroe Township, Cumberland County, Pennsylvania to defendants under a residential
lease agreement, a copy of which is attached hereto as Exhibit "A."
4. The lease provided for a term of month-to-month, at a monthly rental of
$900.00 payable in advance on the 10th day of every month.
5. Defendants entered into possession of the leased premises on May loth, 2004,
in accordance with the terms of the lease.
6. In October of 2004, plaintiffs provided defendants with 30 days notice of their
intent not to renew the lease and informing defendants to vacate the property by
December 10, 2004.
7. After notice of non-renewal and request to vacate by plaintiffs, defendants
ceased to pay the rent due under the lease for the monthly term of November 10th through
December 10th, 2004, although they had possession of the premises until December 10,
2004. The amount of rent in arrears is $900.00, including late charges of$100.
8. At the expiration of the lease, defendants vacated the leased premises and
surrendered possession thereof to plaintiff.
9. At or prior to the time when defendant vacated the premises, defendant
damaged the leased premises and otherwise breached the lease by failing to surrender the
leased premises in substantially the same condition in which they were leased to
defendants, in that:
(a) defendants used or permitted the use of all terrain vehicles on the lawns and
backyards, damaging the grass and landscaping which will cost $6,030 to
repair in accordance with the estimate provided by McCurdy's Tree Farm and
Landscaping Service, Inc., a true and correct copy of which is attached hereto
and incorporated by reference herein.
(b) Defendants damaged the garage door and cut the electric lines to the
automatic garage door opener which will cost $1,492 to repair in accordance
with the estimate provided by Baker Door Company, Inc., a true and correct
copy of which is attached hereto and incorporated by reference herein.
(c) Defendants caused or permitted to be damaged by use of the all terrain
vehicles to the fencing that extended along the perimeter of the back yard,
including a section of fence 50 feet in length and 5 feet high, all of which will
cost $750 to repair in accordance with the estimate provided by R&S Fence, a
true and correct copy of which is attached hereto and incorporated by
reference herein.
(d) Defendants failed to replace the fuel oil they used to heat the premises at of
cost of $450 to plaintiffs to fill the oil tank in accordance with the delivery
receipt of Shill to Oil, Inc., a true and correct copy of which is attached hereto
and incorporated by reference herein.
(e) Carpet cleaning in 5 rooms at a cost of$121.85 as shown on the receipt of
Capital Area Carpet Cleaners, a true and correct copy of which is attached
hereto and incorporated by reference herein.
(f) Window cleaning at a cost of$124.50 as shown on the receipt of Winding Hill
Window Cleaning Co., a true and correct copy of which is attached hereto and
incorporated by reference herein.
(g) Water softner refill, cleaning and maintenance at a cost of$150.00 as shown
on the receipt of Eichelbergers, Inc., a true and correct copy of which is
attached hereto and incorporated by reference herein.
(h) Replace range bowls $8.42, molding $3.01, mini-blinds on garage door $3.98
and bedroom $19.96, floor lites $6.48, kitchen bulbs $6.77, glass $10.97, keys
$7.00, bench $25.00, garden hoses and reel $40, five Firestone tires $400, 1/2
cord of wood $100, and fireplace tools $25.
10. The fair and reasonable cost of repairing and replacing the damaged, broken
and missing items described above is $ 9,774.94, as shown more particularly by the
estimates and bills attached hereto collectively as Exhibit "B."
11. The aforesaid lease agreement provides that defendants, as tenants, are
responsible for all damage to the leased premises [~1 0 of lease] and that defendants are
responsible and will take good care of, the lease premises and all ofthe property in and
around the leased premises [~14 of lease]. Further defendants agreed to pay for any
damage caused by tenant, tenant's family and tenant's guests [~14 of lease].
12. Plaintiffs have applied defendants' security deposit in the amount of$ 900,00
in partial satisfaction of the $1,000.00 in back rent and late fees and $ 9,774.94 for repairs
owed by defendants as a result of defendants' breach ofthe lease, leaving a balance due to
plaintiffof$ 9,874.94.
13. Plaintiffs were prevented from giving defendants written notice of the above
damages within 30 days after surrender ofthe leased premises as required by 68 Pa. Stat.
Ann. S 250.512, because of defendants' failure to furnish plaintiffs with defendants' new
address.
14. At the time Defendants agreed to lease the premises, Defendants also agreed
to purchase plaintiffs' large screen television for the sum of $1 ,000 by making additional
monthly payments of $1 00.00 as shown on the lease agreement attached hereto as Exhibit
"A"; but Defendants only made five payments of$100, leaving a balance due of$500.
15. During October and November 2004, plaintiffs made demand upon defendants
for the unpaid rent and late charges and for the balance due for the television, but the
defendants have failed and refused and still refuse to pay the same or any part thereof.
16. The aforesaid lease agreement signed by defendants provides that "landlord
may receive reasonable attorneys fees as part of a court judgment in a lawsuit against
tenant for violation of the agreements of the lease."
1 7. Plaintiffs have incurred at least $500 to retain and pay their attorney to
enforce the lease and/or collect damages to the leasehold that were caused by defendants.
A true and correct copy of plaintiffs' fee agreement is marked Exhibit "C" attached hereto
and incorporated by reference herein.
WHEREFORE, plaintiffs demand judgment against defendants as follows:
(1) in the amount of $ 1,000 for back rent and late fees, or $100 after
applying defendants security deposit of $900, with interest from December 10,
2004;
(2) in the amount of $9774.94 for repairs;
(3) in the amount of $500.00 for the balance owed by defendants for
purchasing the large screen television;
(4) reasonable attorneys fees of$500.00; and
(5) costs.
Dated:
Respectfully submitted,
\ (Ob(6C;-
~. ' 1~ I D ,--0
I '~Cql~
eph' n K. Portko, Esquire,
J.D. #34538
Bratic & Portko
101 South U.S. Route 15
Dillsburg, Pennsylvania17019
(717) 432-9706
Attorney for Plaintiffs
VERIFICATION
I, Linda R. Bertram, hereby acknowledge that I am a Plaintiff in the foregoing
Complaint, that I have read the foregoing, and the facts stated therein are true
and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of
18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
DATE: January 6, 2005
// r/__;?
,~F-L5~~
..
Linda R. Bertram
EXHIBIT ''A''
LEASE
THIS IS A RESIDENTIAL LEASE. IT IS A LEGALLY BINDING
CONTRACT BETWEEN THE LANDLORD AND EACH TENANT. EACH TENANT SHOULD
READ THIS LEASE CAREFULLY.
THIS RESIDENTIAL LEASE CONTAINS WAIVERS OF YOUR RIGHTS AS A
TENANT. EACH TENANT SHOULD NOT SIGN THIS LEASE UNTIL EACH TENANT
UNDERSTANDS ALL OF THE AGREEMENTS IN THIS LEASE.
1. NAMES OF LANDLORD AND TENANT
Name of the landlord: Cl yde Bertram and Linda Bonner
Name(s) of the tenant(s):
Dorie L. Leitzel and Kevin Leitzel
2. LEASED PREMISES
The leased premises is the place that landlord agrees to
lease to tenant. The leased premises is:
Residence located at 1023 York Road, Dillsburq, PA 17019 [Monroe
Township, Cumberland County, Pennsylvania]
3 . STARTING AND ENDING DATES OF LEASE AGREEMENT
This lease starts on May 10, 2004
This lease ends on June lOt 2004
Upon expiration of the term, this lease agreement
continue on a month-to-month basis upon the same terms
conditions as the original term until either party shall give
other thirty-days (30) prior written notice of termination.
shall
and
the
4 . RENT
The amount of rent is: $ 900.00 each month.
Tenant agrees to pay the monthly rent in advance on or before the
lOth day of each month. Landlord does not have to ask (MAKE
DEMAND UPON) tenant to pay the rent. Tenant agrees to pay rent by
first class mail postage prepaid to landlord at P.O. Box 72598t
Thorndale, PA 19372-0598, or in person to landlord at the place
specified by landlord.
Tenant agrees to pay a minimum LATE CHARGE of $ 50.00 if
the rent is not received on or before the due date and $3.00 per
day thereafter if tenant does not pay the rent on time. If tenant
mails the rent to landlord, the date of payment will be the date
the letter is postmarked. Any payment returned for non-sufficient
funds shall bear an additional charge of $30.00 to cover bank fees
and related costs.jfJCV.OD~rnO'/TV lJ~a::o.oC>)
S. SECURITY DEPOSIT <-I )
Tenant agrees to pay a security deposit of $ 900.00.
Tenant agrees to pay the security deposit to landlord before
the lease starts and before landlord gives possession of the
leased premises to tenant.
Landlord can take money from the security deposit to pay for
any damages caused by tenant, tenant's family and tenant's guests.
Landlord may take the security deposit to pay for any unpaid
rent.
After taking out for damages and unpaid rent, landlord agrees
to send to tenant any security deposit money left over. Landlord
will send the remaining security deposit money to tenant no later
than 30 days after the lease ends and tenant leaves. Landlord also
agrees to send to tenant a written list of damages and amounts of
money taken from the security deposit.
Tenant agrees to give landlord a written forwarding address
when tenant leaves and the lease ends.
Tenant may not use the security deposit as payment of the
last month's rent.
6 . LANDLORD'S DUTY AT THE START OF THE LEASE
Landlord agrees to give tenant possession of the leased
premises on the starting date of the lease. The lease will start
even if landlord cannot give tenant possession of the leased
premises because the prior tenant is still in the leased premises
or the leased premises is damaged. IF LANDLORD CANNOT GIVE TENANT
POSSESSION, TENANT DOES NOT HAVE TO PAY RENT UNTIL THE DAY
LANDLORD GIVES POSSESSION OF THE LEASED PREMISES TO TENANT.
7. DAMAGE TO LEASED PREMISES
Tenant agrees to notify landlord immediately if the leased
premises is damaged by fire or any other cause. Tenant agrees to
notify landlord if there is any condition in the leased premises
that could damage the leased premises or harm tenant or others.
If tenant cannot live in the whole leased premises because it is
damaged or destroyed, tenant may:
1)
and pay less
Ii ve in the undamaged part of the leased premises
rent until the leased premises is repaired.
OR
end the lease and leave the leased premises.
2)
Tenant agrees that if
destroyed and tenant ends
responsibility to tenant.
the
the
leased premises is
lease, landlord has
damaged or
no further
8. INSURANCE
Landlord agrees to have insurance on the building where the
leased premises is located. Tenant's own property is not insured
by landlord's insurance. Tenant is responsible for tenant's own
property that is located in the leased premises.
9 . ASSIGNMENTS OR SUBLEASES BY TENANT
ASSIGNMENT (OR ASSIGN) is the legal term for a transfer of
the lease from the tenant to another person. This other person
then becomes the landlord's new tenant and takes over the lease.
Tenant agrees not to transfer (assign) this lease to anyone
else without the written permission of landlord.
A sublease is a separate lease between the tenant and another
person who leases all or a part of the leased premises from the
tenant.
Tenant agrees not to lease (sublease) all or any
lease premises to anyone else without the written
landlord. Tenant agrees that if tenant transfers
(assigns) or leases all or a part of the leased
another (sublease), tenant has violated this lease.
part of the
consent of
this lease
premises to
10. RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE
Landlord is responsible for all damage to property or injury
to people caused by landlord (or landlord's representatives)
intentional or negligent acts at the leased premises. Tenant is
responsible for all damage to the leased premises and injury to
people caused by tenant, tenant's family or guests.
Tenant agrees that landlord is not responsible to tenant,
tenant's family or guests for damage or inj ury caused by water,
snow or ice that comes on the leased premises unless landlord was
negligent.
11. USE OF LEASED PREMISES
Tenant agrees to use the leased premises only as a single
family residence. Tenant agrees to obey all federal, state and
local laws and regulations when using the leased premises. Tenant
agrees not to store any flammable, hazardous, or toxic chemicals
or substances in or around the leased premises.
Tenant agrees not to do any activities in or around the
leased premises which could harm anyone or damage any property.
Tenant agrees to have the fireplace cleaned and certified by
a professional serviceman prior to use during each heating season.
Tenant agrees to obtain landlords prior written approval
before making any permanent changes to the leased premises such as
painting or other similar decorative changes. Upon receipt of
landlord's written consent, which shall not be unreasonably
withheld and shall be deemed given if not refused in writing
within ten (10) business days following tenant's written request
therefor, tenant, at their sole discretion and at their expense,
may make alterations or modifications to the Premises which
Tenant may deem appropriate.
Tenant agrees that tenant will not allow more than four (4)
people to occupy the leased premises without the written
permission of landlord.
12 . RULES AND REGULATIONS
Tenant agrees to obey all rules and regulations for the
leased premises. If tenant violates any rules or regulations for
the leased premises, tenant violates this lease.
13. LANDLORD'S
(SUBORDINATION)
RIGHT
TO MORTGAGE
THE
PREMISES
LEASED
Subordinate and subordination are legal terms that mean that
this lease does not have any effect upon the rights of the
landlord's mortgage company. In other words, tenant's rights
under this lease are subordinate to landlord's mortgage company.
If landlord does not make the mortgage payments, the mortgage
company may have the right to end the landlord's ownership of the
leased premises. If the mortgage company sells the leased
premises at a mortgage foreclosure sale, the lease may end.
Tenant agrees that landlord has the right to mortgage the
leased premises. If landlord has a mortgage on the leased
premises now, or if landlord gets a mortgage in the future, tenant
agrees that this lease is subordinate to the landlord's mortgage.
14. CARE OF LEASED PREMISES
Tenant is responsible for, and will take good care of, the
leased premises and all of the property in and around the leased
premises. Tenant agrees to pay for any damage caused by tenant,
tenant's family and tenant's guests. Tenant agrees to turn over
possession of the leased premises to landlord when the lease ends.
15. LANDLORD'S RIGHT TO ENTER LEASED PREMISES
Tenant agrees that landlord and landlord's representatives
have the right to enter the leased premises at reasonable times.
Landlord and landlord's representatives have the right to inspect,
to make repairs, to do maintenance, and to show the leased
premises to others.
16. UTILITY SERVICES
Landlord and tenant agree to pay for the charges for
utilities and services supplied to the leased premises as follows:
Charae or Service:
Television Cable
Electric to Premises
Water Service
Natural Gas
Refuse Collection
Lawn Maintenance
Snow and Leaf Removal
Water Softener Charges
Sewer Charges
Condominium Fee
Homeowner's Association Fee
Parking Fee
Paid Bv~ .P
/_ e,vAJ&17
I ~ ,..J.+~~
-
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UN~-f'
f?Ll4.~
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Pest Control Charges
Other:
Other:
~
Ie' "..I.4?Vr
Landlord has the right to turn off temporarily any utility or
other service to the leased premises in order to make repairs or
do maintenance.
17 . GOVERNMENTAL POWER OF EMINENT DOMAIN.
Eminent domain is the legal name for the right of a
government such as the. state or county or city to take private
property for public use. The government must pay fair
compensation to anyone who has any right in the property that is
taken by the government.
If all or any part of the leased premises (or the building
within which the leased premises is located) is taken by eminent
domain, this lease will end automatically. Landlord and tenant
agree to release each other from any responsibility because leased
premises is taken,by eminent domain and the lease has ended.
18. VIOLATIONS OF THIS LEASE
WHEN EITHER LANDLORD OR TENANT DOES NOT DO SOMETHING THAT
THEY HAVE AGREED TO DO, IT IS A VIOLATION OF THIS LEASE. IF
TENANT VIOLATES THIS LEASE, TENANT MAY LOSE TENANT'S SECURITY
DEPOSIT. IF TENANT VIOLATES THIS LEASE, LANDLORD ALSO CAN SUE
TENANT FOR OTHER EXPENSES AND MAY SUE TO EVICT TENANT.
EACH TENANT SHOULD NOT SIGN THIS LEASE UNLESS EACH TENANT HAS
READ AND CLEARLY UNDERSTANDS THE INFORMATION IN THIS SECTION ABOUT
LEASE VIOLATIONS.
X THIS IS A JOINT AND SEVERAL LEASE
THIS IS NOT A JOINT AND SEVERAL LEASE
IF THIS IS NOT A JOINT AND SEVERAL LEASE, THEN THE LANDLORD
CAN ONLY SUE ONE TENANT FOR THAT TENANT'S VIOLATION OF THE LEASE.
IF THIS IS A JOINT AND SEVERAL LEASE IT MEANS THAT ALL THE
TENANTS AS A GROUP AND EACH OF THE TENANTS AS AN INDIVIDUAL ARE
RESPONSIBLE TO LANDLORD FOR ALL OF THE AGREEMENTS OF THIS LEASE.
FOR EXAMPLE, IF THE RENT IS NOT PAID, LANDLORD CAN SUE ALL OF THE
TENANTS (JOINTLY) FOR ANY UNPAID RENT. OR, LANDLORD CAN BRING A
SUIT AGAINST ANY ONE TENANT SEPARATELY (SEVERALLY) FOR ALL OF THE
UNPAID RENT.
TENANT VIOLATES THIS LEASE IF TENANT:
1) FAILS TO PAY RENT OR OTHER CHARGES TO LANDLORD ON TIME
OR,
2) LEAVES (ABANDONS) THE LEASED PREMISES WITHOUT THE
LANDLORD'S PERMISSION BEFORE THE END OF THE LEASE OR,
3) DOES NOT LEAVE THE LEASED PREMISES AT THE END OF THE
LEASE OR,
4) DOES NOT DO ALL OF THE THINGS THAT TENANT AGREED TO DO IN
THIS LEASE.
IF TENANT VIOLATES THE LEASE , EACH TENANT AGREES TO WAIVE
NOTICE TO QUIT. THIS MEANS THAT THE LANDLORD MAY FILE A COMPLAINT
IN COURT ASKING FOR AN ORDER EVICTING EACH TENANT FROM THE LEASED
PREMISES WITHOUT GIVING EACH TENANT NOTICE TO QUIT FIRST. LANDLORD
DOES NOT HAVE THE RIGHT TO THROW TENANT OUT OF THE LEASED PREMISES
(SELF-HELP EVICTION). THE LANDLORD CAN ONLY EVICT TENANT BY COURT
ACTION.
THE LANDLORD DOES NOT HAVE THE RIGHT SUE IN COURT FOR
EVICTION UNLESS A TENANT HAS VIOLATED THE AGREEMENTS IN THIS
LEASE. EVEN THOUGH EACH TENANT IS WAIVING NOTICE TO QUIT, EACH
TENANT WILL HAVE A CHANCE IN COURT TO CHALLENGE THE LANDLORD'S
CLAIM FOR EVICTION.
IF TENANT VIOLATES THE LEASE AGREEMENT, THE LANDLORD MAY SUE
EACH TENANT IN COURT:
1) TO COLLECT OVERDUE RENT, LATE CHARGES AND MONEY DAMAGES
CAUSED BY TENANT'S VIOLATION OF THE AGREEMENTS IN THE LEASE.
2) TO RECOVER POSSESSION OF THE LEASED PREMISES (EVICTION).
3) TO COLLECT FOR UNPAID RENT UNTIL THE END OF THE LEASE OR
UNTIL ANOTHER PERSON TAKES POSSESSION OF THE LEASED PREMISES AS A
NEW TENANT.
Tenant agrees that landlord may receive reasonable attorneys
fees as part of a court judgment in a lawsuit against tenant for
violation of the agreements of the lease.
19. OTHER AGREEMENTS BETWEEN LANDLORD AND TENANT
Landlord and tenant agree that the additional agreements
marked with a nyesn are part of this lease agreement.
~-NO
( ~YESf-NO
~-NO
YES-NO
YES-NO
YES-NO
=
CHECK-IN AND CHECK-OUT PROCEDURES
RULES AND REGULATIONS
TENANT'S RIGHT TO CONTINUE LEASE
NO PET AGREEMENT
SINGLE FAMILY RESIDENCE AGREEMENT
OTHER:
=
=
=
=
BY SIGNING THIS LEASE AGREEMENT, EACH TENANT AGREES THAT THE
TENANT HAS READ AND UNDERSTANDS ALL OF THE AGREEMENTS IN THIS
LEASE.
DATE:
fL 3?'J..-L)Y
LANDLORD:
DATE, 0/;;2/ ()tf
EXHIBIT "B"
12-22-04
Bergstram
Address:
~McCurdy's~#
Tree Farm and
Landscaping Services, Inc.
127 Chestnut Grove Road, Dillsburg, PA 17019
(17) 432-4017 · Fax: (17) 432-2467
www.mccurdystreefarm.com
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Phone:
Location of work: Ic.;?..j !j~1 If./-
Residential yard work:
Scope of work to grade, seed and repair yard damage.
.riIhIU
TREE
GIIOWEII
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Labor (estimate 2 days)
Equipment (trucks,trailers, tractor(s), backhoe, hydroseeder, plugger)
Materials ( topsoil, seed, straw, fertilizer, lime)
Estimate: $6030.00
PROPOSAL
~AKER DOOR COMPANY, INC.
120 Derry Court · York, PA 17402
717,767,1419 · 1,888,897,8700 · Fax 717,767,1516
OVERHEAD GARAGE DOORS
SALES · SERVICE · INSTALLATION · REPAIRS
Wood · Steel · Aluminum · Fiberglass · Sectional and Rolling Steel Doors · Radio Controlled Doors
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NO PAIN~ OR STAINING OR ALUMINUM WOR UNLESS SPECIFIED IN THIS PROPOSAL. THE ABOVE CUSTOMER AGREES THAT ANY ELECTRIC OPENERS OR DOORS WHICH WE INSTALL REMAIN
THE PR6PERTY OF: BAKER DOOR COMPANY, INC. UNTIL THEY ARE PAID IN FULL AND WE HAVE THE RIGHT TO REMOVE SAME IF CUSTOMER DEFAULTS ON PAYING AS PER OUR TERMS.
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Authorized gnature C. J (.7 o--___i7 /
NOTE: This proposal may be withdrawn by us if not accepted within I r- days.
ACCEPTANCE OF PROPOSAL - The above prices. specifications and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payment will be made as outlined above.
SignaturEf'~_......
Date of acceptance: j_____ Signature
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1014 YORK ROAD. DILLSBURG, PA 17019
RECEIVED
BY:
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PHONE: 432-9676
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All claims and returned goods MUST be accompanied by this bill.
f:.~./ TO Reo"O€ % k~
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TOTAL
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CAPITAL AREA CARPET CLEANERS
95 lake Meade Drive
East Berlin, PA 17316
(717) 766.3242
NAME
I PHS/ 4' - 3S "s1DATE /..2 -I' ~tJ i
L ,'01 Je 6e".fyv""'-
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CASH , C 0,0 I CHARGE I ON ACCT I MDSE RET'D I PAID OUT I
CUSTOMER'S ORDER NO
ADDRESS
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II\IBiSI To Reorder:
BOO-225.63BOornebs.com THANK YOU
SOLD BY
E PRODUS8 5~
~ 'fiche/bergers. Inc.
107 Texaco Road
Mechanicsburg, PA 1 7055
(71 7) 766-4800
. \0'
12/1312004
W ARRAN
Service Job 0040770
JOB SITE:
BERTRAM, CLYDE & LINDA
1023 YORK ROAD
DILLSBURG, PA 17019
AIR # :0020739
Phone: (717) 514-3598
Contact:
Alt. Phone:
Alt. Phone:
DEFECTIVE PAf
90 days on par
30 days labor
DEFECTIVE LABI
90 days
Based on regula
hours no allowanl
for overtime
\VIl.LIAMS GROVERD-R, 5S. YORKRO~Iill-3RD ONLEFT.
PO#:
mR
CHECK RENTAL SOFTENER.
LT}.'!IT HAS NOT BEEN FII..LED 'WITH SALT??
WORK PERFORMED TODA Y(;,V~ :5'.0 g A-bCN 15-0 SITE INFO ~ I ' l:""er.-Q d . ~ Q ^J.5
Jj2.l:.>tJ CD. 't Ad O:fc-P to ~--~ -Ve ,~. ( '=. c.. torr
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NAME DATE i HRS RATE. AMOU~
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QTY MATERIAL & OTHER-CHARGES I PRICE
AMOUNT
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TOTAL LABOR
TOTAL MATERIAL & OTHER
SUB TOTAL
7~ TAX;
~04 TOTAL y5t1:-
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ThiS service IS for work done on the dates Indicated only.!1 hereby acknowledge satisfactory completion of the worK above.
All work is C.O.D. unless specified. Please pav upon receipt. Service charges are added at 1.5% per month (180S per year! to unoald balance. Minimum cnar
S50
WAL~"I~rl~llljART~
LDWE.S
ALWAVS U)'N PRICES.
1J1~~t:tA:~ ·
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sn 1886 oPt 00006.11 ~ n: 15 TRlI 07723
~ONTOllR 00'766!i"1",! In OJ, 88 X
2'1: "~UG 00'76Gb f un: 9' . 64 X
9 ilm: PLT 00120UC i' 3;;;; 1 .91 X
Me 1,:lV GLOVE OO'703~~~';1 ;!:~:' 0.88 X
RANr.: BOWLS OO'7631;:!:')! 5~:,:, 8,42 ll--
oiRl TOWEL 00'78N~:')I()(::i 1.50 X
VIVA 2PK 00:3600(' i ~: 2(' 'I 3. 11 X
SOLO CUPS 004111iE,,;IOl :1 1 .96 X
TWISTER MOP OO~ 1 J(11)ln: g. 9.. x-
uv "0 .:" .U') 11:~ II);:? 1 '. 1 .8" )(
ARHSTRONI. Fl 001650(11)11 E: ' J. 87 X-
CHEER LJ .JIJlD OO:J100C";:, ~)C: 'i .~ .81 X
PALMOLIVE 00:3500(i,~:: 71 : 2.46 )(
DOWNY oo:nOO('l~: 3<::' '1.901\ X
COKE 00"900(" );: 9:~ 'I F 3.18 X
COKE 1)04901)(11): 9:~ 'i F 3.18 X
TEA cr JlER OO'76S'lbl)ll ~ F' 1 .98 0
BRE F LTER OO'712Inl!:il;;1 1.62X
BANA'tI OOI)OO()(1I ).1 (ll ' KF
~AS 0, "81lb YOU 'll:,Vfti (1.06
· .89 lb I 1 lb /1). '1~
ny\ Ii SOAP 005170c'n,6~,;1
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OlGERS 0025S0CI:~1 o:~:, F
dREAD 004500C< I I 'I~: : i F'
PENur BUTTER 00"8001 ,tl 01: '! F
SCRUB SPONGE 00212IlCI!j',Il't',
CHOC CHECKOU 003"00(11)1'1'1:1 F
MUFFINS 01'738K5'(', 60 'I F
SU.~.I 0'1 'll
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DEnl 1"[ ,'ID
CHI~~llil LIE
WE SELL f: I)j; L · SS
HFlNAGEIl IlAN))~U. t':MHERT
( 711 ) liSl1 -.;150
EFT DEBIT
16"'''''''. ...-
MECHAN ICSBURG, PA
(717)766-8562
-SALE-
SALES 8: S0405AR2 685890 12-11-04
7128 7' STAIN 951 PIN
39028 M IN I BLIND 31 X64
166960 LEVOLOR 39X64 AlU
83941 (153434) 40W DOUB
2 @ 1.44
98796 D-CELL ALKALINE 0
2 @ 4.87
76828 7511 PAR FLOOD BUL
76510 (148028) 60W SOFT
126601 6DW A -LINE HALOGE
181193 JH 25W BlOC DOUBL
2 @ 3.28
99768 24" X 30" MIRROR
29695 (B5749)RIBBED 7BX
SUBTOTAL:
TAX 38550;
INVOICE 62129 TOTAL:
0.19 0
3.67 X
1.63 0
3.101\ 0
3.14 0
2."2 0
1.53 N
2.81 X
0..... N
2.50 0
93.63
4.56
98.19
98.19
0.00
BALANCE DUE:
DEBIT VISA :
DEBIT VISA: 7877 AUTHCODE 031477
PURCHASE CASH BACK TOTAL DEBIT
102.05 0.00 102.05
--------------------------------
0405 TERMINAL: 62 12/11/04 19:55:43
[ 111m .11I11I" "1111111 'II. 11I1111I' II... "OK"" ..~ ~.._. . __
3.01
3.98
19.96
2.88
9.74
6.48
0.96
6.77
6.56
10.97
24.96
96.27
5.78
102.05
102.05
102.05
EXHIBIT "e"
BRATI[ & PORTIO
101 South U.S. Route 15
Dillsburl!, PA 17019
Ousan Bratic, Esquire
Stephen K. P ortko, Esquire
OHice: (717) 432-9706
Fax: (717) 432-9220
Email: braticportko@aol.com
January 3,2005
Clyde and Linda Bertram
1 023 York Road
Dillsburg, PA 17019
Non-Refundable Retainer Agreement
Dear Mr. and Mrs. Bertram:
The Pennsylvania Rules of Professional Conduct require all lawyers to enter into
a Fee Agreement with their clients that sets forth in writing the terms and conditions of
the representation.
This letter is to serve as confirmation of our Firm's representation of you and
clarification of the general basis upon which fees will be charged by our firm. This
Agreement will become effective upon our receipt of a counter-signed copy of this letter
and the retainer fee.
You have asked us to represent you in connection with your claims against Mr.
and Mrs. Leitzel for breach of contract and damages to your residence. We accept the
representation on the terms set forth below:
1. We will represent you to the best of our ability in the matter, but can not
guarantee that the matter will be resolved to your satisfaction. We shall keep you fully
informed as to the progress of your case. We will send you copies of all papers sent or
received in connection with your case, including correspondence, pleadings, and other
court documents. We will be available to you by telephone or in person for consultation.
If no one is available when you telephone, your call will be returned promptly.
2. You agree to pay our firm an initial retainer fee of $ 500.00 , which is
paid to us as consideration for our agreeing to become your attorneys and assuring our
future availability in your matter. The retainer will be credited against your monthly
billing. This retainer fee is not refundable under any circumstances, is earned by us upon
receipt, and represents the minimum fee for the services to be rendered.
3. You agree to pay monthly bills for our services on a time-expended basis at an
hourly rate of $ 100.00 per hour and $ 150 per hour for matters involving attendance at
court. Some of the work on your case will be done at rates by other attorneys or paralegal
assistants under my personal supervision. You will be billed for their services at their
standard rates. It is impossible to determine in advance the amount of time that will be
required to bring your case to a conclusion. We assure you that we will proceed in an
Non-Refundable Retainer Agreement -- Page 2
expeditious and efficient fashion and will consult with you in advance if any exceptional
activity is necessary. We expect and require prompt payment of our bills and reserve the
right to terminate our relationship with you should you fail to pay on time.
In the event we are required to institute any legal action for collection of our fees
or costs, you agree to pay additional reasonable fees, costs and the value of our time in
bringing such an action.
4. Costs will be incurred by us in our handling ofthis matter. Costs are out-of-
pocket expenses, and can include such items as filing fees, transcripts, appraisers and
accountants, telecopying and photocopying, and postage. They do not include charges for
clerical or secretarial time which are part of our hourly fees. These costs are your
responsibility and will be itemized and billed on a monthly basis along with our hourly
fees.
5. You agree that a final billing will be submitted to you at the conclusion of this
case. In addition to any charges for our hours and costs expended, this bill will reflect the
result accomplished should that result be a cancellation of the debt or reduction in the
amount ultimately paid to the lending institution. This agreement shall become effective
and our representation will commence upon our receipt of a signed copy of this letter and
the specified retainer fee. Please execute a copy of this agreement where indicated below
and return to us with a check for our retainer.
Very truly yours,
-L.' L~ ~c~~~~\'f~.
~ , ,~
Stephen K. Portko, Esquire
We agree to the terms and conditions set forth herein and acknowledge receipt ofa copy
of this agreement.
~~~~g~
f:Ctient ) ;/
Date: /.- 3-th
(Client)
Date:
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CLYDE L. BERTRAM and
LINDA R. BERTRAM,
Plain tiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION NO.
: 05-95 Civil Term
KEVIN LEITZEL and
DORIE L. LEITZEL,
Defendants
PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT
To the Prothonotary:
Please enter judgment of default in favor of Plaintiffs, CLYDE L. BERTRAM and
LINDA R. BERTRAM, and against Defendants, KEVIN LEITZEL and DORIE L.
LEITZEL, for defendants' failure to plead to the complaint in this action within the
required time. The complaint contains a notice to defend within 20 days from the date of
service thereof. Defendant was served with the complaint on January 20,2005, and
defendant's answer was due to be filed on February 9,2005.
Attached as Exhibit "A" is a copy of plaintiffs written Notice of Intention to File
Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to
each of the defendants at their last known address on February 11, 2005, which is at least
10 days prior to the filing ofthis Praecipe. There is no attorney of record for defendants.
Please assess damages in the amount of$1O,874.94, being the amount demanded in
the complaint, plus costs.
BRATlC & PORTKO
, ,,'
) ( (2 'Ji'
By \vJ \ c-~ (r- -{;{ ~ ,~f /
Steph n K. Portko, Esq.
101 South U.S. Route 15
Dillsburg, P A 17019
(717) 432-9706
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CLYDE L. BERTRAM and
LINDA R. BERTRAM,
Plaintiffs
v.
: CIVIL ACTION NO.
: 05-95 Civil Term
KEVIN LEITZEL and
DORIE L. LEITZEL,
Defendants
TO: Kevin Leitzel and Dorie L. Leitzel, Defendants
DATE OF NOTICE: February II, 2005
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED
OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE
OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Date: '.41 ,'\A{V1 ,r , l..VO<'-
BY:~~~~ \~~
Stephen K. Portko, Esquire
Bratic & Portko
101 South U.S. Route 15
Dillsburg, PA 17019
(717) 432-9706
Attorneys for Plaintiff
E..i~"J) It-
.lo. r~,:'
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CLYDE L. BERTRAM and
LINDA R. BERTRAM,
Plaintiffs
v.
: CIVIL ACTION NO.
: 05-95 Civil Term
KEVIN LEITZEL and
DORIE L. LEITZEL,
Defendants
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned, being duly sworn according to law, deposes and says that she makes this
affidavit on behalf of the within plaintiffs, being authorized so to do and that she knows of her own
personal knowledge, and therefore avers, that defendants, Kevin Leitzel and Dorie L. Leitzel, are at
least 30 years of age; that their place of residence is 510 Hogestown Road, Mechanicsburg,
Pennsylvania; that neither defendant is in the military service of the United States or its allies, or
otherwise subject to the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1904
and its amendments, 50 U.S.C. App. 9 501 et seq.
.':<~t:~
'J(ffiant
My Commission Expires:
PENNSYLVANIA
Notarial SeaJ
Deborah l. Graham, Notary Public
DilIsburg Boro, York County
My Commission Expires July 8. 2007
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CLYDE L. BERTRAM and
LINDA R. BERTRAM,
Plaintiffs
v.
: CIVIL ACTION NO.
: 05.95 Civil Term
KEVIN LEITZEL and
DORIE L. LEITZEL,
Defendants
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the attached
IMPORTANT NOTICE was provided by U.S. Mail, postage prepaid, first class to
each of the following:
Kevin Leitzel
510 Hogestown Road
Mechanicsburg, PA 17055
Dorie L. Leitzel
510 Hogestown Road
Mechanicsburg, PA 17055
Date: f&~U!l-vJ ll, z.wS-
~~
BY: 7
Stephen K. Portko, Esquire
1
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CLYDE L. BERTRAM and
LINDA R. BERTRAM,
Plaintiffs
v.
: CIVIL ACTION NO.
: 05-95 Civil Term
KEVIN LEITZEL and
DORIE L. LEITZEL,
Defendants
TO: Kevin Leitzel and Dorie L. Leitzel, Defendants
DATE OF NOTICE: February 11,2005
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED
OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE
OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Date: 14..-"'"....'1 If I "UJO~
By:~~~~
Stephen K. Portko, Esquire
Bratic & Portko
101 South U.S. Route 15
Dillsburg, PA 17019
(717) 432-9706
Attorneys for Plaintiff
.
".S, POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNA T!ONAl MAll., DOES NOT
PROVIDE FOR INSURANCE -POSTMASTER
Received From:
bm tic.. 1: @,,....j...I~
/01 S-Ov..+h. uS. t:<o\Aie Ie;-
D;l[sb\..L<C1 PA 17019
One piece of ordlnar~aH addressed to:
I:br( e L. Le;he I
570 1-to(fs+C '^-t., Roc, d
!1 eCIMJ..,,;Csfov'(j Plr !7oS;S-
PS Form 3817, Mar. 1989
u.S. POSTAL SERVICE CERTIFICATE OF MAlLIN
MAY BE USED FOR DOMESTIC AND iNTERNA TlONAL MAIL. DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
k e \Jt Y\ L...e;+"2i? I
2)16 H03f'st6V.k' ROc.<1
f'iQ(~u.V1.iCS"bu..fJ' PIT 170<:;:S-
PS Form 3817, Mar. 1989
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-00095 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BERTRAM CLYDE L ET AL
VS
LEITZEL KEVIN ET AL
JASON VIORAL
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
LEITZEL KEVIN
the
DEFENDANT
at 1840: 00 HOURS, on the 20th day of Janua~, 2005
at 510 HOGESTOWN ROAD
MECHANICSBURG, PA 17055
by handing to
DORIE LEITZEL, WIFE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
6.66
.00
10.00
.00
34.66
.r~(;l.:~"!:-'..,-,,,:: /~-I"
. . .
R. Thomas Kline
Sworn and Subscribed to before
01/20/2005
DUSAN BRATIC
&,~
By:
me thi s 3.,A day of
:L C,.,,, '1 .20"<;' A.D.
l ~'t<, Qh,RC~ $.
1 Prothonotary'
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-00095 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BERTRAM CLYDE L ET AL
VS
LEITZEL KEVIN ET AL
JASON VIORAL
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
LEITZEL DORIE L
the
DEFENDANT
, at 1840:00 HOURS, on the 20th day of January ,2005
at 510 HOGESTOWN ROAD
MECHANICSBURG, PA 17055
by handing to
DORIE LEITZEL
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
...~^ ,.-;;;
~'I.'
.f'P'",..(;;:;'::'-.:",....
'../0
..,.-..:-/;::.. . ,..p
, , "i~..-~~"'~:<
I'
R. Thomas Kline
01/21/2005
DUSAN BRATIC
Sworn and Subscribed to before
By:
t3y
/29-
me thi s 3....c. day of
d",""~ ~"',( . A.D.
L~_ t.L. 0 [J", d(" f ~ q;;;
rothonotary
Sheriff