HomeMy WebLinkAbout05-1185TH OF
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
I '
COMMON PLEAS No. a!57- Jle5 4p. l
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
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This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 100813.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Syntma o/Pmthw . wDeputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P,D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon appellee(s), to file a complaint in this appeal
Narria of appellee(s)
(Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros.
?? Signature ofa rant or attorney or agent
RULE: To?/?(?(r appellee(s)
Name of appellee($)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: ?A ,n,I,-- tt , 20 OS 2a4 .a
''`?(?L(?/?-.. ?__ signature of Pro n t or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FRED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check apolnubie boxes. j
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF : ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) , 20 ? by personal service ? by (oentfied) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
, 20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , 20 -
Signatore oYaB?enf
Signature of offidal beloae whom affidavit was mare
Title of official
My commission expires on
20 (O
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AOPC 312A - 02
COMMONWEALTH OF PENNS. _?ANIA
rni INITV nc- CUMBERLAND
Mag. Dist. No,
09-3-02
MDJ Name: Mon,
HELEN B. SEMENBERGER
Add[ess. PO BOX 155
27 W BIG SPRING AVENUE
NENVILLE, PA
Teiepnona: (717 ) 776-3187 17241
ATTORNEY DEF PRIVATE :
GEOFFREY M. BIRINGER ESQ
MIDPENN LEGAL S
S IRVINE RON
CARLISLE, PA 17013-0
NOTICE O, JUDGMENT/TRANSCRIP
PLAINTIFF: RESIDENTIAL LEASE
NAME and ADDRESS
FDARIUS & ASSOCIATES
7 Z. MAIN STREET
SUITE ONE/ AGENT I DARIUS
LNEiiVILLE, PA 17241
vs.
DEFENDANT: NAME and ADDRESS
rAUSTIN, EARL, ST AL.
77 WEST MAIN ST.
NZWVILLE, PA 17241
L
Docket No.: LT-0000013-05
Date Filed: 1/18/05
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
® Judgment was entered for: (Name) DARIUS & ASSOCIATES,
Judgment was entered against AUSTIN CATHY SUS in a
® Landlord/Tenant action in the amount of $ 2,270 .22 on 2/11/05 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 500 , 00.
The total amount of the Security Deposit is $ 500.00
Total Amount Established by MDJ Less. Security Deposit Appplied
Rent in Arrears $ 2,157.64-$ 00 =
Physical Damages Leasehold Property $ .00 - $ .00 =
=
Damages/Unjust Detention $ OD - $ _ on
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
UT Judgment Amount
? Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice.
® Possession granted.
? Possession granted if money judgment
? Possession not granted.
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$ Adjudicated Amount
2,157.64
$ .00
$ _00
$ .00
$ _00
$ x,157.64
$ 112.58
$ _00
$ 2,270.22
? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date
copy
Date
My commission expires first Monday of January, 2006
District
District
DARIUS & ASSOCIATES,
Plaintiff
v.
4nd Ca-t£Y A454--r.
EARL AUSTIN, 0.0).
Defendants
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION - LAW
CIVIL TERM - 05 --11! ?
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
t Cathy Awst.?
Kindly allow Earl Austin Defendan4 to proceed in forma 12auperis.
I, Geoffrey M. Biringer, attorney for the party proceeding in forma pauperis,
certify that I believe the party is unable to pay the costs and that I am providing free
legal services to the party.
MIDPENN LEGAL SERVICES
BY:_
Geoffrey M. Biringer, Attorney for Appellant
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Supreme Court ID# 18040
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
My commissianexpires on ?_f.y 20(? ..
Rear, ?" Fe
Respo sem Rf?2?r>viFee
(Endo, am?i'eri?oti F eoi
rw, Rosr,_ R, 4a%retlJ
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a copy of the Notice of A peal, Common Pleas No. upon the District Justice designated therein on
?date of service) 3 7 , 2049,57 ? cy personal service Fr'by (certified) (neqis?) mail,
sender's receipt attached hereto, and upon the appellee, (Camo, A,4iia A411GL? , on
20 L2.<' ? by personal service [!? oy (certified) (ryst?-s3}rnad,
sender's receipt attached hereto.
1
(SWOR ),(AFFIRMED) AND SUBSCRIBED BEFORE ME y
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ay B n o ?914fo'PitlYtCt)T@{$fIfC9Q ?" 609flty
M Commissipm?xpir s App i1 4, 2005
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AOPC 312A - 02
(this proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
Fje,?oef w\ VOL . u,1d1Ht
COMMONWEALTH OF PEN 7S
COURT OF COMMON PLEAS
Judicial District, County Of
..,rot(
?sff
ti..
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
NAM OF APPELLANT MAG D1ST NO. NAME OF D J
ADDRESS OF APPELLANT CITY STATE ZIP CODE
Q•d r tl f,l. :/ .`, s.: i V,
DATE OF JUDGMENT IN THE CASE OF (aonblh (D r danl) zz,?
4
v
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1007(6) In action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Syna(ure of Profhonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon ' y . I I. ? - ?r` i - appellee(s), to file a complaint in this appeal
Name ofappellee(s)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
signature of a/jppellant or aROmey or agent
RULE: To r` appellee(s)
Name of appellees)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by. personal service or by certified or registered mail.
(2) If you depot file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date '2D signature ofPmttmnotaly or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE
COMMONWEALTH OF PENNSYLVANIA
rni miTv oF. CUMBERLAND
09-3-02
MDJ Name'. Hon.
HELEN B. SHULENBERGER
Atlmress'. PO BOX 155
27 W BIG SPRING AVENUE
NENVILLE, PA
Telephone'. (717 ) 776-3187 17241
OS_ 111S Ci v r
COMMON PLEAS NOTIFICAT N
PLAINTIFF: REQUEST FORM
NAME anO ADDRESS
rDARIUS is ASSOCIATES
7 E. MAIN STREET
SUITE ONE/ AGENT X DARIUS
LNEi1VILLE, PA 17241 J
vs.
DEFENDANT: NAME and ADDRESS
IUSTIN, EARL, ET AL.
77 WEST MAIN ST.
NENVILLN, PA 17241
HELEN B. SHULENBERGER L J
PO BOX 155 Docket No.: LT-0000013-05
27 W BIG SPRING AVENUE Date Filed: 1/18/05
NEIPVILLB, PA 17241
Disposition Date: 2/11/05
Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the
results in this case, and return to the issuing authority (listed above).
RESULT OF APPEAL Common Pleas Judge
CIVIL-LANDLORD/TENANT APPEAL
- APPEAL STRICKEN - appeal has been disallowed.
- APPEAL DISCONTINUED - appeal has been discontinued by appellant.
MAGISTERIAL DISTRICT JUDGE DECISION UPHELD - court has reached the same decision as the magisterial
district judge judgement.
MAGISTERIAL DISTRICT JUDGE DECISION DISMISSED - court has reached a decision that does not concur with
the district justice decision.
WRIT OF CERTIORARI
- WRIT STRICKEN - appeal has been disallowed.
- WRIT DISCONTINUED - writ has been discontinued by appellant.
MAGISTERIAL DISTRICT JUDGE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of
juristiction, or improper venue.
WRIT DISMISSED - ma isterial district judge decision was not found to be flawed, lacking jurisdiction, or having
implgoper venue.
STATEMENT OF OBJECTION (Please give a general summary of the results)
- OBJECTION DISCONTINUED - objection has been discontinued by the appellant.
OBJECTION DENIED - objection has been denied by the Court of Common Pleas.
OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas.
AOPC7zsB-os DATE PRINTED: 3/08/05 9:36:00 AN
COMMONWEALTH OF PENNSYLVANIA
rrni InITV nF• CUMBERLAND
09-3-02
MDJ Name'. Hon.
BEL= B. SBULBNBERGER
Addleaa: PO BOX 155
27 W BIG SPRING AVENUE
NENVILLE, PA
Telephone (717) 776-3187 17241
BELEN B. SBULENBBRGER
PO BOX 155
27 N BIG SPRING AVENUE
RENVILLE, PA 17241
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR P
® Judgment was entered for: (Name) DARID
Judgment was entered against AUSTIN, 871
7
® Landlord/Tenant action in the amount of $ 2,2
The amount of rent per month, as established by the
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF; NAMEand ADDRESS
I'DARIUS F, ASSOCIATES
7 Z. MAIN STREET
SUITS ONE/ AGENT X DARIUS
LNENVILL8, PA 17241 J
VS.
DEFENDANT: NAME and ADDRESS
rAUSTIN, EARL, ET AL.
77 WEST MAIN ST.
NEINILLE, PA 17241
L
DocketNo.: LT-00 0 0 013-05
Date Filed: 1/18/05
in a
on 2/11/05 (Date of Judgment)
erial District Judge, is $ 500.00.
The total amount of the Security Deposit is $ avv • "v
Total Amount Established by MDJ less • Security Deposit Appplied =
Rent in Arrears $ 2,157.64 - $ . 00 =
Physical Damages Leasehold Property $ .00-$- .00-=
Damages/Unjust Detention $ 00 - $ -00
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
L/T Judgment Amount
Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
0 This case dismissed without prejudice.
0 Possession granted.
H Possession granted if money judgment
Possession not granted.
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
Adjudicated Am 64
$ .00
$ _OQ
$ _00
$ _00
$ 2,157 64
$ 112.58
$ _00
$ 2,270.22
Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date
copy
Date
My commission expires first Monday of January, 2006
SEAL
District
District
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-3-02
DJ Name: Hon.
HELEN B. SHULENBERGER
Address: PO BOX 155
27 W BIG SPRING AVENUE
NEWVILLEr PA 17241
Telephone: (717 ) 776-3167
Filing Costs $? 0
Postage $
Service Costs $
Constable Ed. $
Total $
Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by
the prevailing party.
LANDLORD AND
PLAINTIFF- TENANT COMPLAINT
NAME and ADDRESS
L 0'ao) %V- _J
vs.
DEFENDANT: NAME and ADDRESS
7 7, t y 177 ,
L _J
Docket No.: y r _ j 3 _n _?
Date Filed:
TO THE DEFENDANT: The above named plaintiff(s)
asks judgment together with costs against you for
the possession of real property and for:
Lease is Residential ? Nonresidential. IiVaiiq
Damages for injury to the real property, to wit:
in the amount of: $
Damages for the unjust detention of the real property in the amount of $
Rent remaining due and unpaid on filing date in the amount of $ ;fit, ?lG d .?a
F1 And additional rent remaining due and unpaid on hearing date $
D Attorney fees in the amount of $ ,.
THE PLAINTIFF FURTHER ALLEGES THAT: Total:1 $
1. The location and the address, if any, of the real property is: ?.Yf
2. The plaintiff is the landlord of that property. ?12tti A a cl
3. He leased or rented the property to you or to Ar?tyh1? UL/L,' A/ under whom you claim.
4. FL otice to quit was given in accordance with law, or
FINo notice is required under the terms of the lease.
5. E] The term for which the property was leased or rented is fully ended, or
[j3A forfeitur has resulted by reason of a bre h o the conditions of the lease, to wit:
-or,
Rent reserved and due has, upon demand, remained unsatisfied.
6. You retain the real property and refuse to give up its possession.
1, y h& P ii -'b ? )G 1'-, u verify that the facts set forth in this complaint
are true and correct to the best of my knowled e, information and belief. This statement is made subject to the
penalties of Section 4904 of the Crimes Code F18 PA. C. S. § 4904) r)elat?rn??? to?ties.
?( ignature of afni
(Plaintiff's Attorney) (Address) (Phone)
IF YOU HAVE A DEFENSE Whirs comfoWint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises,
which is In the district justice jurisdiction and which you intend to assert at the hearing, YOU MUST FILE non a complaint form at this office BEFORE THE TIME set for the hearing.
IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for damages and rent if claimed, may nevertheless be entered against you.
A judgment against you for possession may result in your EVICTION from the premises,
It youeare disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services,
leas contact the Ma isterial District Court at the above address or telephone number. We are unable to provide trans ortation.
n6171?. o t UM-65 ne551dnf e,m sunm ary 01 asru mry may ue reco,oeo on reverse side.
4?
ROBERT G. DARIUS and : IN THE COURT OF COMMON P EAS
KATHLEEN D. DARIUS, TA DARIUS : OF CUMBERLAND COUNTY, P NA.
& ASSOCIATES,
Plaintiffs
V.
NO. 05 1185 CIVIL
EARL AUSTIN and
CATHY AUSTIN, ASSUMPSIT-LANDLORD &
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims se forth in the
following Complaint, you must take action within twenty (20) days after this Co plaint and
Notice are served, by entering a written appearance personally or by attorney d filing in
writing with the Court your defenses or objections to the claims set forth against y You are
warned that if you fail to do so, the case may proceed without you and a judg nt may be
entered against you by the Court without further notice for any money claimed in th Complaint
or for any other claim or relief requested by the Plaintiff. You may lose money or "roperty or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YO DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T E OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 11
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
The Court of Common Pleas of Cumberland County is required by law to comply wit the
Americans with Disabilities Act of 1990. For information about accessible facilities d
reasonable accommodations available to disabled individuals having business before t e court,
please contact our office. All arrangements must be made at least 72 hours prior to an hearing
or business before the court. You must attend the scheduled conference or hearing.
ROBERT G. DARIUS and
KATHLEEN D. DARIUS, TA DARIUS
& ASSOCIATES,
Plaintiffs
V.
EARL AUSTIN and
CATHY AUSTIN,
Defendants
: IN THE COURT OF COMMON
: OF CUMBERLAND COUNTY,
NO. 05 1185 CIVIL
ASSUMPSIT-LANDLORD &
COMPLAINT
A.
Darius & Associates set forth the following cause of action against the named Defen nts:
1. Plaintiffs are Robert G. Darius and Kathleen D. Darius, trading as Darius & sociates, 7
East Main Street, Newville, Pennsylvania, Pa, 17241.
2. Defendants are Earl Austin and Cathy Austin, adult individuals, 1024 West T ndle Road,
Apartment #2, Mechanicsburg, PA 17055.
3. On February 25, 2004, Plaintiffs and Defendants entered into a written lease ereby
Plaintiffs leased to Defendants residence premises at 77 West Main Street, Newville, A 17241.
Attached hereto and made a part hereof is the Lease dated February 24, 2004 as Exhi t A.
4. The Lease is for a term of (1) year from February 25, 2004 to January 25, 200 at a total
rental for the term of $6,000.00, payable monthly in advance commencing on Februa 25, 2004 and
monthly hereafter on the 25`h day of the month in the amount of $500.00.
5. Rent was unpaid for the months of November, December 2004 and also Janu and
February 2005 for a total amount of $ 2,000.00, plus $157.64 for water and sewer for total of
$2,157.64.
6. Rent is due also for February 26 through March 7 for 9 days holdover. $16.66 er day x 7 =
$116.66.
7. Security Deposit was $500.00 deposited and held by the Plaintiffs, to be applie to failure to
pay rent or utilities.
8. On or about March 7, 2005, Defendants vacated the premises. The premises unoccupied
to date.
9. Herewith is a statement of rent due and payable, security deposit, and disposition d obligation
of payment of water and sewer, together with court costs transferred from the DistriIcurity Justice Court.
Tenant payments are subtracted from the obligation, together with allowance of the deposit.
RENT OWED $2,000.00
HOLDOVER 116.66
WATER/SEWER 257.64
AMOUNT OWED $ 2,374.43
RENT PAID .00
BALANCE RENT $2,374.43
OWED
COURT COSTS $ 112.58
BALANCE OWED $2,486.88
TO LANDLORD
WHEREFORE, Plaintiffs demand judgment in the amount of $2,486.88
Date:, c5
Jo H. Broujos Attorney f6or
BRO OS & GILROY, P.C.
4 North Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-4574
(717) 243-8227 FAX
I verify that the statements made in this pleading are true and correct. I understand th false
statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 rela .ug to
unworn falsification to authorities.
Date: .01
Kathleen D. Darius for PLAINTI FS
PENNSYLVANIA RESIDENTIAL LEASE AGREEMENT
This Residential Lease Agreement (hereinafter "Lease") is entered into this the 25th day of February, 20 , by and between the
Lessor Robert & Kathleen Darius, (hereinafter referred to as "Landlord"), and the Lessee(s):Earl B an Cathy S. Austin. All
Lessees (hereinafter referred to collectively as "Tenant"), are jointly, severally and individually bound b and liable under, the
terms and conditions of this Lease.
For the valuable consideration described below, the sufficiency of which is hereby acknowledged,
hereby covenant, contract and agree as follows:
1. GRANT OF LEASE: Landlord does hereby lease unto
Tenant, and Tenant does hereby rent from Landlord, solely
for use as a personal residence, excluding all other uses, the
personal residence located in Cumberland, County,
Pennsylvania, with address of
77 West Main Street, Newville, PA
17241
including the following items of personal property:
2. NATURE OF OCCUPANCY: As a special
consideration and inducement for the granting of this Lease
by the Landlord to the Tenant, the personal residence
described above shall be used and occupied only by the
members of the Tenant's family or others whose names and
ages are set forth below:
Earl Austin, Cathy Austin & Michael A. Wilson
3. TERM OF LEASE: This Lease shall commence on
the 25td day of Feb , 2004, and extend until its
?tion on the day of February, 2005, unless
-)mewed or extended pursuant to the terms herein.
4. SECURITY DEPOSIT: Upon execution of this Lease,
Tenant shall deposit the sum of $500.00 to be held by
Landlord as a security deposit for reasonable cleaning of,
and repair of damages to, the premises upon the expiration or
termination of this Lease, or other reasonable damages
resulting from a default by Tenant. Tenant shall be liable to
Landlord for all damages to the leased premises upon the
termination of this Lease, ordinary wear and tear excepted.
Tenant is not entitled to interest on the security deposit.
Tenant not a 1 uri deposit to any rent due
under this) ease. 1 Landlord sells or assigns a eased
premises, Landlord shall have the right to transfer Tenant's
security deposit to the new owner or assignee to hold trader
this lease, and upon so doing Landlord shall be released from
all liability to Tenant for return of said
in compliance with Pennsylvania
Every landlord shall within thirty days
lease or upon surrender and acceptance
premises, whichever first occurs, provi
written list of any damages to the lease
which the landlord claims the tenant is
list shall be accompanied by payment t
between any sum deposited in escrow,
interest thereon, for the payment of dai
premises and the actual amount of darr
premises caused by the tenant. Noth
landlord from refusing to return the es4
any unpaid interest thereon, for nonpa7
breach of any other condition in the lei
and Tenant do
deposit.
250.512:
termination of a
f the leasehold
a tenant with a
Id premises for
6le. Deliver of the
he difference
:luding any unpaid
ges to the leasehold
es to the leasehold
shall preclude the
w fund, including
ent of rent or for the
by the tenant.
Any landlord who fails to provide a wri en list within thirty
days as required above, shall forfeit all ghts to withhold any
portion of sums held in escrow or to b g suit against the
tenant for damages to the leasehold p ices.
Failure of the tenant to provide the land rd with his new
address in writing upon termination of a lease or upon
surrender and acceptance of the leaseho premises shall
relieve the landlord from any liability u4 per this section.
5. RENT PAYMENTS: Tenant agree to pay rent unto the
Landlord during the term of this Le a in equal monthly
installments of $500.00, said install nt for each month
being due and payable on or before he 25th day of the
month.
Tenant agrees that if rent is not paid in II on or before the
30th day of the month, Tenant will pay late charge of $2.00
per day, as allowed by applicable Penns vania law.
The prorated rent from the commence nt of this Lease to
the first day of the following month is /A, which amount
shall be paid at the execution of this Lea .
Tenant agrees that rent shall be paid in Loney ney of the
United States by (indicate those that app [x] cash, [x] personal check, [)(] rder, [ ]
cashier's check, [ ] other
Residential Lease Agreement. Paue 1
Rent payments shall be made payable to Darius &
Associates and mailed or delivered to the following address:
2 East Main Street, Suite One, Newville, Pennsylvania,
17241. All notices from Tenant to Landlord under this Lease
and applicable Pennsylvania law shall be delivered to the
above address.
Tenant agrees that rent monies will not be considered paid
until Landlord or Landlord's agent receives the rent monies,
either by mail or by delivery to the above address. Tenant
placing rent monies in the mail is not sufficient for rent to be
considered paid, and rent will be considered unpaid until
actual receipt thereof.
If there are multiple Tenants signed to this Lease, all such
Tenants are jointly, severally and individually bound by, and
liable under, the terns and conditions of this Lease. A
judgment entered against one Tenant shall be no bar to an
action against other Tenants.
6. CONSEQUENSES OF BREACH BY TENANT:
If Tenant, by any act or omission, or by the act or omission
of any of Tenant's family or invitees, licensees, and/or
guests, violates any of the terms or conditions of this Lease
or any other documents made a part hereof by reference or
attachment, Tenant shall be considered in breach of this
Lease (breach by one tenant shall be considered breach by all
tenants where Tenant is more than one person).
In compliance with Pennsylvania Code § 250.501
A landlord may notify, in writing, the tenant to remove from
the leased premises at the expiration of the time specified in
the notice under the following circumstances, namely, (1)
Upon the termination of a term of the tenant, (2) or upon
forfeiture of the lease for breach of its conditions, (3) or
upon the failure of the tenant, upon demand, to satisfy any
rent reserved and clue.
In case of the expiration of a term or of a forfeiture for
breach of the conditions of the lease where the lease is for
any term of one year or less or for an indeterminate time, the
notice shall specify that the tenant shall remove within
fifteen days (for a mobile home, thirty days) from the date of
service thereof, and when the lease is for more than one year,
then within thirty days (for a mobile home, three months)
from the date of service thereof. In case of failure of the
tenant, upon demand, to satisfy any rent reserved and due,
the notice shall specify that the tenant shall remove within
ten days from the date of the service thereof.
In case of failure of the tenant, upon demand, to satisfy any
rent reserved and due, the notice, if given on or after April
first and before September first, shall specify that the tenant
shall remove within fifteen days from the date of the service
thereof, and if given on or after September first and before
April first, then within thirty days llfrom the date of the
service thereof.
The owner of a mobile home park alt not be entitled to
recovery of the mobile home space
u the termination of a
n
lease with a resident regardless of the ern of the lease if the
resident:
Lis complying with the rules of the obile home park; and
2.is paying the rent due; and
3.desires to continue living in the mob a home park.
The only basis for the recovery of a obile home space by
an owner of a mobile home park shalRits L When a resident is legally evicas provided under
section 3 of the "Mobile Home Park Act."
2.When the owner and resident mutua??y agree in writing to
the termination ora lease.
3.At the expiration of a lease, if theredent determines that
he no longer desires to reside in the and so notifies the
owner in writing.
Tenant expressly agrees and and tands that upon
Landlord's termination of this Lease, a entire remaining
balance of unpaid rent for the remain' term of this Lease
shall ACCELERATE, whereby the ent stun shall become
immediately due, payable, and collet le. Landlord may
hold the portion of Tenant's securityde sit remaining after
reasonable cleaning and repairs as partial offset to
satisfaction of the accelerated rent.
7. DELIVERY OF NOTICES: A giving of notice
under this Lease or applicable Penns ania law shall be
made by Tenant in writing and delivered the address noted
above for the payment of rent, either by and delivery or by
mail. Certified or registered mail is reco ended. Delivery
by mail shall not be considered complet until actual receipt
by Landlord or Landlord's agent.
Any notices from Landlord to Tenant sh I be in writing and
shall be deemed sufficiently served on Tenant when
deposited in the mail addressed to the 1 ed premises, or
addressed to Tenant's last known post ffice address, or
hand delivered or placed in Tenants ma box" If Tenant is
more than one person, then notice to one hall be sufficient
as notice to all.
& UTILITIES: Tenant will provide and pay for the
following utilities (indicate those that appl
[x] Electric, f ] Gas, [x] Telephone, [x] Cable
Television, "water, [ ] Garbage pick p.
Landlord will provide and pay for the Jrllowing utilities
Residential Lease Agreement. Paae 2
(indicate those that apply):
f J Electric., [ J Gas, [ J Telephone, [ ] Cable
Television, [ J Water, Garbage pick-up.
Tenant shall be responsible for contacting and arranging for
any utility service not provided by the Landlord, and for any
utilities not listed above. Tenant shall be responsible for
having same utilities disconnected on the day Tenant delivers
the leased premises back unto Landlord upon termination or
expiration of this Lease.
9. NOTICE OF INTENT TO SURRENDER: Any other
provision of this lease to the contrary notwithstanding, at
least thirty (30) days prior to the normal expiration of the
term of this Lease as noted under the heading TERM OF
LEASE above, Tenant shall give written notice to Landlord
of Tenant's intention to surrender the residence at the
expiration of the Lease term. If said written notice is not
timely given, the Tenant shall become a month-to-month
tenant as defined by applicable Pennsylvania law, and all
provisions of this Lease will remain in full force and effect,
unless this Lease is extended or renewed for a specific term
by written agreement of Landlord and Tenant.
If Tenant becomes a month-to-month tenant in the manner
described above, Tenant must give a thirty (30) day written
notice to the Landlord of Tenant's intention to surrender the
residence. At any time during a month-to-month tenancy
Landlord may terminate the month-to-month Lease by
serving Tenant with a written notice of termination, or by
any other means allowed by applicable Pennsylvania law.
Upon termination, Tenant shall vacate the premises and
deliver same unto Landlord on or before the expiration of the
period of notice.
10. OBLIGATIONS AND DUTIES OF LANDLORD:
As per Pennsylvania Code § §250.502-A:
The retention of control of the stairways, passages, roadways
and other common facilities of a tenement building or
multiple dwelling premises places upon the landlord, or other
possessor, the duty of reasonable care for safety in use. This
responsibility of the landlord extends not alone to the
individual tenant, but also to his family, servants and
employees, business visitors, social guests, and the like.
Those who enter in the right of the tenant, even though under
his mere license, make a permissible use of the premises for
which the common ways and facilities are provided.
11. OBLIGATIONS AND DUTIES OF TENANT:
As per Pennsylvania Code § 250.503-A:
The tenant shall comply with all obligations imposed upon
tenants by applicable provisions of all municipal, county and
Commonwealth codes, regulations, dinances, and statutes,
and in particular, shall:
I.Not permit any person on the pre es with his permission
to willfully or wantonly destroy, de e, damage, impair, or
remove any part of the structure o dwelling unit, or the
facilities, equipment, or appurtenan es thereto or used in
common, nor himself do any such th'
2.Not permit any person on the prem es with his permission
to willfully or wantonly disturb the ceful enjoyment of
the premises by other tenants and nei hors.
12. NO ASSIGNMENT: Tenant a ressly agrees that the
leased premises nor any portion the shall not be assigned
or sub-let by Tenant without the p r written consent of
Landlord.
13. TENANT INSURANCE: Land rd shall not be liable
to Tenant, Tenant's family or Tenan s invitees, licensees,
and/or guests for damages not pr ximately caused by
Landlord or Landlord's agents. Landlord will not
compensate Tenant or anyone else fo damages proximately
caused by any other source whatsoev , or by Acts of God,
and Tenant is therefore strongly encou ed to independently
purchase insurance to protect Ten t, Tenant's family,
Tenant's invitees, licensees, and/or g sts, and all personal
property on the leased premises and/or n any common areas
from any and all damages.
14. CONDITION OF LEASED P MISES: Tenant
hereby acknowledges that Tenant has xamined the leased
premises prior to the signing of this ase, or knowingly
waived said examination. Tenant ackn -ledges that Tenant
has not relied on any representations ade by Landlord or
landlord's agents regarding the con Ilion of the leased
premises and that Tenant takes p" ises in its AS-IS
condition with no express or itn ied warranties or
representations beyond those contained erein or required by
applicable Pennsylvania law. Tenant s not to damage
the premises through any act or o ission, and to be
responsible for any damages sustained ugh the acts or
omissions of Tenant, Tenant's family Tenant's invitees,
licensees, and/or guests. If such d ages are incurred,
Tenant is required to pay for any resultin reps rs at the same
time and in addition to the next month' rent payment, with
consequences for non-payment identi to those for non-
payment of rent described herein. the expiration or
termination of the Lease, Tenant shal return the leased
premises in as good condition as when en by Tenant at the
commencement of the lease, with only n ?nal wear-and-tear
excepted. Tenant shall have the right t remove from the
premises Tenant's fixtures placed the by Tenant at his
expense, provided, however, that T ant in effecting
removal, shall restore the leased premi to as good, safe,
sound, orderly and sightly condition as ore the addition of
Residential Lease Aareement. Paoe 3
Tenant's fixture. Failing this, Tenant shall be obligated to
pay for repairs as stated above.
15. ALTERATIONS: Tenant shall make no alterations,
decorations, additions, or improvements to the leased
premises without first obtaining the express written consent
of Landlord. Any of the above-described work shall become
part of the dwelling. If carried out by independent
contractors, said contractors must be approved by Landlord.
Tenant shall not contract for work to be done without first
placing monies sufficient to satisfy the contract price in an
escrow account approved by Landlord. All work shall be
done at such times and in such manner as Landlord may
designate. If a construction or mechanic's lien is placed on
the leased premises as a result of the work, such shall be
satisfied by Tenant within ten (10) days thereafter at
Tenant's sole expense. Tenant shall be considered in breach
of this Lease upon failure to satisfy said lien.
16. NO ILLEGAL USE: Tenant shall not perpetrate, allow
or suffer any acts or omissions contrary to law or ordinance
to be carried out upon the leased premises or in any common
area. Upon obtaining actual knowledge of any illegal acts or
omissions upon the leased premises, Tenant agrees to
immediately inform Landlord and the appropriate authorities.
Tenant shall bear responsibility for any and all illegal acts or
omissions upon the leased premises and shall be considered
in breach of this Lease upon conviction of Tenant or any of
Tenant's family or invitees, licensees, and/or guests for any
illegal act or omission upon the leased premises- whether
known or unknown to Tenant.
17. NOTICE OF INJURIES: In the event of any
significant injury or damage to Tenant, Tenant's family, or
Tenant's invitees, licensees, and/or guests, or any personal
property, suffered in the leased premises or in any common
area, written notice of same shall be provided by Tenant to
Landlord at the address designated for delivery, of notices
(identical to address for payment of rent) as soon as possible
but not later than five (5) days after said injury or damage.
Failure to provide such notice shall constitute it breach of
this Lease.
I& LANDLORD'S RIGHT TO MORTGAGE: Tenant
agrees to accept the premises subject to and subordinate to
any existing or future mortgage or other lien, and landlord
reserves the right to subject premises to same. Tenant agrees
to and hereby irrevocably grants Landlord power of attorney
for Tenant for the sole purpose of executing and delivering
in the name of the Tenant any document(s) related to the
Landlord's right to subject the premises to a mortgage or
other lien.
19. DELAY IN REPAIRS: Tenant agrees that if any
repairs to be made by Landlord are delayed by reasons
beyond Landlords control, there shall be no effect on the
obligations of Tenant under this
20. ABANDONMENT: Abandor
the absence of the Tenant from It
period of seven (7) or more toner
any owing monies remain unpaid- v
considered in breach of this Let
subordinate to, and shall not in an
and remedies of Landlord under i
Pennsylvania law, except that in
Landlord or Landlord's agents may
thereafter enter and re-take the leas
by applicable Pennsylvania law, a
without notice to Tenant.
:nt shall be defined as
leased premises for a
ive days while rent or
reupon Tenant will be
This definition is
way impair, the rights
Lease or applicable
ase of abandonment,
mediately or any time
premises as provided
terminate this Lease
21. NOTICE OF ABSENCE FR M PREMISES: If
Tenant is to be absent from the leased remises for seven (7)
or more consecutive days, written no ce of such should be
served upon Landlord. If such absent s are to be customary
or frequent, the expected frequency at i duration of absence
should be summarily noted here:
Tenant expressly agrees and unders
tin
s that absence from
the premises, with or without notice, ' no way obviates the
requirement to pay rent and other moo az stated herein, or
the consequences of failure to timely p same.
22. POSSESSION OF PREMISES: Tenant shall not be
entitled to possession of the premise designated for lease
until the security deposit and first mot 's rent (or prorated
portion thereof), less any applicable p otional discount, is
paid in full and the premises designate for lease is vacated
by the prior tenant.
23. DELAY OF POSSESSION: Te t expressly agrees
that if by reason of the premises being unready for
occupancy, or by reason of the previo tenant or occupant
of the dwelling holding over, or as areIt of any other cause
whatsoever, Tenant is unable to en r and occupy the
premises, Landlord shall not be liable t Tenant in damages,
but shall abate the rent for the period which the Tenant is
unable to occupy the premises.
24. MATERIALITY OF APPLIC IO TO RENT:
All representations made by Tenant(s) theNApplication to
Rent (or like-titled document) are maters I to the grant of this
Lease, and the Lease is granted only n condition of the
truthfulness and accuracy of said represe tations. If a failure
to disclose or lack of truthfulness is iscovered on said
Application, Landlord may deem Tenan to be in breach of
this Lease.
25. MODIFICATION OF THI LEASE: Any
modification of this lease shall not be bin ping upon Landlord
unless in writing and signed by Land rd or Landlord's
Residential Lease Aareement, Paae I
WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE
LANDLORD
Sib t• Date: ?? S L
TENANT
Sign: Ca;6'i 2d (,(,Qt?L _ Print: C.O._-t:?lA 1'IU ? n Date: - oZS o
TENANQQT?? ll
Sign: cQ y(Q I I AI ` _ Print: /?? r1 L? 1 h Date:
TENANT
Sign: _
TENANT
Sign:
Print:
Print:
Date:
Date:
Residential Lease Aareement, Paae 6
HOUSE RULES AND REGULATIONS
These rules and regulations are incorporated into and made a part of the rental agreement effect a between
(Landlord) and (Residentis) concerning the, and attached thereto as an addendum. The policies d rules contained
herein may be modified and new policies and rules adopted by landlord, and shall become effec ve on the date they
bear, or thirty days after delivery of a copy of the amendment, or amended rules, to resident, w hever is later.
1. SANITATION AND GARBAGE
A.. Resident shall maintain the unit rented to him/her clean and free of accumulations of garbs and rubbish at all
times.
B. Garbage and rubbish shall be disposed of in containers designated for that purpose. Large b4 i es and containers
shall be broken down so as not to consume too much space in the garbage containers.
C. No hazardous substances may be disposed of in the garbage containers, but must be dispose of as required by
applicable health and safety regulations and codes.
II. CONDUCT IN PREMISES AND COMMON AREAS
A. No clothing, curtains or other items shall be hung from, or out of windows.
B. All furniture must be kept in resident's unit, except when actually in use elsewhere, and no ? event shall such
items be place in such a way that they block or in any way impede passage of others.
C. Resident shall refrain from engaging in or creating, or permitting his/her guests to engage in r create, any noise,
sound activity or conduct that a reasonable person would deem likely to annoy or disturb other idents, while in
the rental unit itself or the common areas and parking facilities.
D. Resident shall refrain from playing any musical instrument, radio, music system, entertainm it system, or
television set at a volume that causes disturbance to other residents.
III. USE OF THE PREMISES AND COMMON AREAS I
A. Resident is responsible for keeping his/her rental unit secure. Except to the extent provided law, landlord is
not responsible for the illegal acts of others, including burglary or theft.
B. Resident shall immediately notify landlord if any door or window lock or bar in his/her unit comes
unserviceable.
C. Resident shall notify landlord of any extended absences (more than three days) from the pre ses.
D. During absences by resident landlord and his/her agents will provide access to no other persc is, known to
resident known to resident and landlord or not, unless expressly requested to do so by resident in sting.
E. Resident shall not use or store gasoline, cleaning solvents, or other combustible substances in a rental unit, or
any parking or storage spaces provided in connection with his/her occupancy of the unit.
F. Resident shall not use barbecues, grills, or other outdoor cooking equipment indoors, or use m outdoors, on
decks or porches, in such a way as to create a fire hazard or substantial risk of damage to the ren I unit or common
areas.
G. No bicycles, play equipment, children's toys, skateboards, strollers, or other personal belong' gs shall be left on
sidewalks or in the common areas unattended.
IV. MAINTENANCE AND ALTERATIONS
A. Resident shall notify landlord or property manager of any necessary repairs to the premises a.- I soon after the
discovery thereof as possible. He/She shall be responsible for keeping the kitchen and bathroom flmms free of
things that may tend to cause clogging. Water leaks, faucet drips, and slow drains shall be repo d immediately.
Resident shall not make maintenance requests of maintenance personnel or workmen.
B. Resident shall not paint, wallpaper, alter or redecorate; change or install locks; install or have nstalled by anyone
else any antenna, satellite dish, cable TV or computer-related wiring or any other equipment wit ut owner's
permission. Resident shall not use screws, fastening devices, large nails, or adhesive materials (' cluding Contact-
type paper), place signs displays or other exhibits on or in any portion of premises without the 'tten consent of the
landlord. Closet and cabinet shelves and drawers may be lined with plain paper only.
C. Decorations shall be installed in such a way as not to damage substantially, the walls, floors, d carpets. No
decorations shall be installed on, or from ceilings, doors, windows, their frames, or any existing binetry. Under no
circumstances shall aluminum or other metal foil, newspapers, beer cans, or any other such so ces be used as
window covering. Bathroom window sill is not to be used as a shelf for toiletries or other items
D. Costs of repairing damage to the rental unit or appliances supplied therewith, which are the r ult of negligence
or misuse by resident shall be charged to resident and be payable upon demand.
IV. PARKING AND VEHICLES
A. No vehicle, as that term is defined under state law, may be parked anywhere but in a designat t d parking space.
Resident's guests may park only off the premises. No disabled or unregistered vehicles or vehic with expired
registration shall be parked on the premises, nor may any vehicle be parked in red zones or desi led fire lanes.
Such vehicles will be towed to a storage yard at the owner's expense.
B. Parking spaces may not be used for storage.
C. No car washing, changing of oil or other vehicle fluids, installation of oil or other fluids, or v icle repairs of any
kind or description shall be conducted on the premises, parking areas, or driveways.
D. No parking of any vehicle shall be permitted on lawns at anytime.
RECEIPT OF COPY ACKNOWLEDGED.
Resident's Signature Crt_y UAZ)L,- 11
Date: _ '1 a ?lr li /?
Resident's Signature C.aft9u t-IIwQ
Date: r? o?J --o4-T
Landlord's Signature
Date: t`?
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ROBERT G. DARIUS and
KATHLEEN D. DARIUS, TA DARIUS
& ASSOCIATES,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
:NO. 05 1185 CIVIL
EARL AUSTIN and : ASSUMPSIT-LANDLORD & TENANT
CATHY AUSTIN,
Defendants
ANSWER, NEW MATTER, AND COUNTERCLAIMS
To: ROBERT G. DARIUS and KATHLEEN D. DARIUS, TA DARIUS
& ASSOCIATES:
You are hereby notified to file a written response to the enclosed Answer, New
Matter, and Counterclaims within twenty (20) days from service hereof or a judgment
may be entered against you-
MIDPENN LEGAL SERVICES
By:./
Viieoffrey . Biringer, Esq.
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717)243-9400
Sup. Ct. ID# 18040
ROBERT G. DARIUS and
KATHLEEN D. DARIUS, TA DARIUS
& ASSOCIATES,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
:NO. 05 1185 CIVIL
EARL AUSTIN and : ASSUMPSIT-LANDLORD & TENANT
CATHY AUSTIN,
Defendants
ANSWER NEW MATTER. AND COUNTERCLAIMS
1. Admitted.
2. Admitted.
3. Admitted that the lease is dated February 25, 2004. Denied, however, that the
effective date was February 25 as the Defendants were not allowed to move in
until February 27, when the utilities were placed into their names.
4. Admitted in part. The lease term began on February 27, 2005 when the
Defendants were allowed to move in.
Denied. Defendants paid $250 for the month of November, 2004, and
withheld rent thereafter, as set out more fully below in New Matter and
Counterclaims. Defendants admit to owing water and sewer in the amount of
$157.64.
6. Denied. Defendants moved of the leased premises on March 6 and do not
owe rent as more fully set out in New Matter and Counterclaims below.
7. Admitted.
8. Denied. Defendants vacated on March 6, 2005. Further denied that the
premises are unoccupied, as Defendants have reason to believe that the
premises have been re-let.
9. Admitted in part. It is admitted that Defendants owe for water/sewer. It is
denied that any other amounts are owed, as set out more fully in New Matter
and Counterclaims below. By way of further answer, Plaintiff made no setoff
of Defendant's security deposit in the amount of $500.
WHEREFORE, Defendants demand that Plaintiffs' Complaint be dismissed
and judgment entered for Defendants.
NEW MATTER
10. Paragraphs 1-9 are incorporated herein by reference hereto.
11. In March, 2004, the roof started to leak when it rained, into Defendants'
daughter's bedroom.
12. Defendants called the Plaintiff and apprised them of the situation. Plaintiff
promised to come and make repairs, but never did.
13. Said leaks made the carpet wet in the bedroom, caused mold to grow, and
necessitated the use of buckets by the Defendants to catch some of the water.
14. Finally, Defendants' daughter was forced to move out of her bedroom.
15. In April, Defendants called the Plaintiff again. Plaintiff failed to take any
action, and the Defendants called "911."
16. The sheriff came out, and called the Red Cross for assistance.
17. The Red Cross housed the Defendants for three days due to the roof leaking.
18. When it stopped raining, the Plaintiff started on the roof repair, but did not
finish until July, 2004.
19. In the meantime, the Red Cross housed the Defendants a second time for two
more days.
20. The leaks expanded in the interim, moving into the living room, through the
kitchen wall, and into the master bedroom.
21. Said water leaks caused a musty smell throughout the house from wet
insulation and mold to grow, creating an unhealthy environment for the
Defendants' family
22. Because of the lack of dry, effective insulation, Defendants received
extremely high electric bills.
23. Because of the condition of the leased premises as set out above, said leased
premises were worth no more than 40% of the contract rent of $500, or $200
per month from March, 2004 to March, 2005.
COUNTERCLAIMS
1. IMPLIED WARRANTY OF HABITABILITY
24. Paragraphs 1-23 are incorporated herein by reference hereto.
25. Due to Plaintiffs' failure to make repairs to the leased premises in a timely
manner, Plaintiffs' breached the implied warranty of habitability as to the
Defendants.
26. Due to Plaintiffs' breach of the implied warranty of habitability, the leased
premises were worth no more than $200 per month at any time during the
lease over a twelve month period from March, 2004 to March, 2005.
27. Over this twelve month period, Defendants paid to Plaintiff a total of $2,500
in rent, when the premises were worth no more than $2400 over the entire
Lease term.
28. Defendants overpaid Plaintiff the sum of 5100.
WHEREFORE, Defendant demand judgment against the Plaintiff in the total
amount of $100, said amount being within the amount subject to compulsory
arbitration.
II. UNFAIR TRADE PRACTICES
AND CONSUMER PROTECTION LAW
29. Paragraphs 1-28 are incorporated herein by reference hereto.
30. Because of Plaintiffs' failure to lease the premises in a habitable state, make
repairs when required, and maintain the premises in a habitable state during
the entire lease term, the Plaintiffs violated Pennsylvania's Unfair Trade
Practice and Consumer Protection Law, 73 P.S.201-1 et. seq. in the following
respects:
a leasing premises expected to be habitable, when they were not. 73 P.S.201-
2(4)(ii)(iii)(v).
b. telling Defendants they would repair the roof in April, when they had no
intention of repairing the roof at that time, and did not until July, occasioning
the Defendants to be relocated by the Red Cross on two occasions. 73 P.S.
201-2(4)(xxi)
WHEREFORE, Defendants demand judgment against the Plaintiffs in the
total amount of $300 said amount being within the amount subject to
compulsory arbitration.
III. RETURN OF SECURITY DEPOSIT
31. Paragraphs 1-30 are incorporated hereto by reference herein.
32. Plaintiffs failed to return Defendants' security deposit of $500.
33. Defendant is entitled to a return of the deposit as is set out in 68 P.S. 250.512.
WHEREFORE, Defendant demands judgment against Plaintiffs in the
amount of $500, said amount being within the amount subject to compulsory
arbitration.
Date:???f
r-"
eoffrey . Bir nger
MidPenn Legal Services
8 Irvine Row, Carlisle, PA 17013
(717) 243-9400
ID# 18040
VERIFICATION
Earl Austin and Kathy Austin, Defendants, verify that the statements made in the above
Answer, New Matter, and Counterclaims are true and correct. Defendants understand that false
statements herein are made subject to the penalties of IS Pa. C.S. §4904, relating to unswom
falsification to authorities.
Date: `f y5 ` U
Date: ,_S,tJs-
?f7',tASC,.
Earl Austin
Kathy tin
ROBERT G. DARIUS and
KATHLEEN D. DARIUS, TA DARIUS
PENNSYLVANIA
& ASSOCIATES,
Plaintiffs
V.
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
NO. 05 1185 CIVIL
EARL AUSTIN and
CATHY AUSTIN, .
Defendants ASSUMPSIT-LANDLORD TENANT
PLAINTIFF'S ANSWER TO NEW MATTER AND COUNTERCLAIM
Kathleen Darius, through her attorney John H. Broujos, of Broujos &Gilroy, PC, setts forth the
following.
NEW MATTER
10. No response required. Where relevant, Denied. After reasonable investigation Plaintiff is
without knowledge or information sufficient to form a belief as to the truth of an averment.
Where denied herein, proof is demanded.
11. Denied. After reasonable investigation Plaintiff is without knowledge or information
sufficient to form a belief as to the truth of an averment.
12. Admitted notice. However, weather conditions delayed repairs until April 2005
13. Denied. After reasonable investigation Plaintiff is without knowledge or information
sufficient to form a belief as to the truth of an averment.
14. Denied. After reasonable investigation Plaintiff is without knowledge or information
sufficient to form a belief as to the truth of an averment.
15. Denied. On contrary, Roof was under repair, in April, when tenant called polio and Red
Cross. Due to severe storms the workers were not able to complete the job. Roof w s under
tarps when rain blew into Defendant's apartment. Plaintiff could not take any action-other than
wait for the weather to clear.
16. Denied that such calls were necessary if made. Plaintiff was notified by someone that calls
were made.
17. Denied. Plaintiff was not notified that anyone spent time under Red Cross Care.
18. Admitted work restart. Denied any fault of Plaintiff. Defendant became belligerent and
threatening to the men working on the roof which delayed completion of job. At least three
witnesses will be presented at trial.
19. Denied. No notice thereof if occurred.
20. Denied. After reasonable investigation Plaintiff is without knowledge or infor ation
sufficient to form a belief as to the truth of the averment. To the extent proof is mae, during the
roof repair there were several severe storms and tarps were put on roof, but the win blew tarp
loose in places, during the night, and admitted some rain did get into Defendants ap rtment.
21. Denied. After reasonable investigation Plaintiff is without knowledge or infornilation
sufficient to form a belief as to the truth of the averment. Defendant refused to allow repairmen
in the apartment to make repairs to the apartment. Witnesses can testify to the beha?ior of
Defendant.
22. Denied. After reasonable investigation Plaintiff is without knowledge or inforn:Wion
sufficient to form a belief as to the truth of the averment. Defendant intentionally reused to
allow anyone in to make the necessary repairs to the apartment. Defendant refused o allow
repairmen into the apartment to make repairs.
23. Denied. Defendant refused to allow repairs to be made. Repairs could not be made from
March 04 to March 04 as tenant worked nights and slept during the day. Previous t0ants paid
$500.00 per month. As of May 21, 2005 rented apartment for $550.00 per month.
COUNTERCLAIM
24. No response required. Where relevant, Denied. After reasonable investigation Plaintiff is
without knowledge or information sufficient to form a belief as to the truth of an averment.
Where denied herein, proof is demanded.
25. Denied that plaintiff failed to make repairs in a timely manner and denied that plaintiff
breached the implied warranty of habitability. Plaintiff made a good faith attempt td, make
repairs where required. In addition, Defendant denied access to repairmen to person el inside to
determine if claims were justified for repair and to make repairs. Defendants becam? belligerent
and threatening and prevented repairs.
26. Denied that Plaintiff breached the implied warranty of habitability. After reaso 'able
investigation Plaintiff is without knowledge or information sufficient to form a belie as to the
truth of the averment. Defendant would not allow repairs to be made. Previous ten nt paid
$500.00 rent. Current rent is $550.00
i
27. Denied in part. Over the 12-month period Defendant paid $2,500.00. Rent of he premises
during the entire lease term was valued at $6,000.00. Apartment rental in area is ne t door is
$500.00 per month. After reasonable investigation Plaintiff is without knowledge of information
sufficient to form a belief as to the truth of the averment.
28. Denied. No money is owed.
II. UNPAID TRADE PRACTICES AND CONSUMER PROTECTION LAW
29. No response required. Where relevant, Denied. After reasonable investigation ;Plaintiff is
without knowledge or information sufficient to form a belief as to the truth of an averment.
Where denied herein, proof is demanded.
30. Denied that plaintiffs failed to lease and maintain the premise in a habitable stale and to
make repairs. On the contrary, the premises had been habitable for prior tenants an4 were
habitable for the defendants. Denied violation of Pennsylvania's Unfair Trade Practice and
Consumer Protection Law, 73 P.S.201-1 et. Seq.; 73 P.S.201-2(4)(ii)(iii)(v); and 73 P.S.201-
2(4)(xxi)
III. RETURN OF SECURITY DEPOSIT
31. No response required. Where relevant, Denied. After reasonable investigation plaintiff is
without knowledge or information sufficient to form a belief as to the truth of an averment.
Where denied herein, proof is demanded.
i
i
32. Admitted; denied any obligation. Applied to damages to premises.
?I
32. Denied.
WHEREFORE Plaintiff prays the Court to dismiss the responses and the CounterCllaim.
YOU ARE NOTIFIED TO PLEAD TO THE DEMANDS OF DEFENDANT WITOIN 20
DAYS OF SERVICE.
l
Respe f submitted,
1
4 North Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-4574
(717-243-8227 FAX
DATE: June 8, 2005
John H. ?r jos Attorney for Petitioner
BROUJO GILROY, P.C. # 06268
VERIFICATION
I verify that the statements made in this pleading are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to
unsworn falsification to authorities.
Date:
a
C? ?
f ?' lJ? R._l
2
Vl
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
_C>5 - / / 8s CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573