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14-5176
COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District,County Of FROM CUMBERLAND MAGISTERIAL DISTRICT JUDGE JUDGMENT / COMMON PLEAS No. ��5!7 !J� 1 TL ze,,( 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 Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG.DIST.NO. NAME OF MDJ Gloria D. Fryer 109-3-0-5) Mark Martin ADDRESS OF APPELLANT CITY STATE ZIP CODE 107 East Keller Street Mechanicsburg PA 17055 DATE OF JUDGMENT IN THE CASE OF(PlaintiM (Defendant)' 08/25/2014 Fluevog Renovations, LLC Gloria Fryer DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT MJ-09305-LT-0000090-2014 -W. /�' es This block will be signed ONLY when this notation is required under Pa. If appyllant was Claimant (see 958. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J.No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty - kto-ge (20)days after tiling the NOTICE of APPEAL. s.. nature of Prothonotary 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Fluevog Renovations, LLC appellee(s),to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 6 q- 4,)v4 )within twenty(20)days after service of rule or suffer entry of judgment of non pros. GS . Signature of app ant or attorney or agent RULE: To Fluevog Renovations, LLC appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time,a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service w0114"t iA�,5,4* the mailing.—,. Date: q/y .20 Signature of Prothonota7yor Deputy YOU MUST INCLUDE A COPY OF THE NOtl&'L6F ZIUbCMENT%TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. Jr AOPC 312-05 COP4MONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ-09-3-05 Fluevog Renovations LLC MDJ Name: Honorable Mark Martin v Address: 507 North York Street Gloria Fryer Mechanicsburg, PA 17055 Telephone: 717-766-4575 John M. Kerr, Esq. Docket No: MJ-09305-LT-0000090-2014 John Kerr Law PC Case Filed: 6/16/2014 5010 Ritter Rd Ste 109 Mechanicsburg, PA 170554828 Disposition Details Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary (cc-Cross complaint) Docket No Plaintiff Defendant Disoosition Disposition Date MJ-09305-LT-0000090-2014 Fluevog Renovations LLC Gloria Fryer Judgment for Plaintiff 08/25/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Fluevog Renovations LLC $0.00 $0.00 $0.00 Gloria Fryer $0.00 $9,528.22 $9,528,22 _....... Judgment Finding (*Post Judgment) In the matter of Fluevog Renovations LLC vs. Gloria Fryer on MJ-09305-LT-0000090-2014, on 8/25/2014 the judgment was awarded as follows: The amount of rent per month,as established by the Magisterial District Judge,is$875.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $9,358.10 $9,358.10 Filing Fees $0.00 $170.12 $170.12 Grand Total: $9,528.22 Portion of judgment for physical damages arising out of residential lease: $0.00 MDJS 315A Page 1 of 3 Printed:08/25/2014 11:52:08AM Fluevog Renovations LLC Docket No.:.MJ-09305-LT-0000090-2014 V. Gloria Fryer 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 COURT OF THE COURT OF COMMON PLEAS,CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. 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.HOWEVER,LOW-INCOME AND/OR SECTION'8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J.NO.1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL 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. �Y Date Magisterial District Judge Mark Martin certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed:08/25/2014 11:52:08AM 1 t Fluevog Renovations LLC Docket No.: MJ-09305-LT-0000090-2014 V. Gloria Fryer Participant List Private(s) David Christopher Dagle, Esq. Law Offices of Peter Russo PC 5006 Trindle Rd Ste 203 Mechanicsburg,PA 17050 John M. Kerr, Esq. John Kerr Law PC 5010 Ritter Rd Ste 109 Mechanicsburg, PA 17055-4828 Plaintiff(s) Fluevog Renovations LLC Go Russell Andrew Fluevog 6 Wagnor Drive Mechanicsburg, PA 17050 Defendant(s) Gloria Fryer 107 E. Keller St. Mechanicsburg, PA 17055 MDJS 315A Page 3 of 3 Printed:08/25/2014 11:52:08AM John M. Kerr, Esquire John M. Kerr Law, P.C. 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 Telephone: 717-766-4008 Facsimile: 717-766-4066 john@johnkerrlawpc.com ILED-OFFiC;i: THE PIRO THONO 2514 SEP 12 PH 12: 3 5 CUMBERLAND COUNTY PENNSYLVANIA FLUEVOG RENOVATIONS, LLC,: IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 14-5176 GLORIA FRYER, : CIVIL ACTION -LAW Defendant AFFIDAVIT OF SERVICE I, Gloria Fryer, paralegal, hereby verify that I served a copy of the Notice of Appeal and Supersedeas upon Magisterial District Judge Mark Martin, on September 4, 2014 at 9:35 a.m, by personal service. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. September 11, 2014 Respectfully submitted, JOHN M. KERR LAW, P.C. G16,61 Fryer, paralegal John M. Kerr, Esquire John M. Kerr Law, P.C. 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 Telephone: 717-766-4008 Facsimile: 717-766-4066 john@johnkerrlawpc.com FLUEVOG RENOVATIONS, LLC,: IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 14-5176 GLORIA FRYER, : CIVIL ACTION -LAW Defendant AFFIDAVIT OF SERVICE I, Gloria Fryer, paralegal, hereby verify that I served a copy of the Notice of Appeal and Supersedeas upon Magisterial District Judge Mark Martin, on September 4, 2014 at 9:35 a.m, by personal service. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. September 11, 2014 Respectfully submitted, JOHN M. KERR LAW, P.C. Gloifa Fryer, paralegal John M. Kerr, Esquire John M. Kerr Law, P.C. 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 Telephone: 717-766-4008 Facsimile: 717-766-4066 john@johnkerrlawpc.com FLUEVOG RENOVATIONS, LLC,: IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 14-5176 GLORIA FRYER, : CIVIL ACTION -LAW Defendant AFFIDAVIT OF SERVICE I, Gloria Fryer, paralegal, hereby verify that I served a copy of the Notice of Appeal and Supersedeas upon Magisterial District Judge Mark Martin, on September 4, 2014 at 9:35 a.m, by personal service. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Respectfully submitted, JOHN M. KERR LAW, P.C. September 11, 2014 Glor Fryer, paralegal John M. Kerr, Esquire John M. Kerr Law, P.C. 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 Telephone: 717-766-4008 Facsimile: 717-766-4066 john@johnkerrlawpc.com r LLD-OH-fLL. L 1HE PROTHONOiA-;.' aitt SEP 12 PH12:35 CUMBERLAND COUNTY PENNSYLVANIA FLUEVOG RENOVATIONS, LLC,: IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 14-5176 GLORIA FRYER, : CIVIL ACTION -LAW Defendant AFFIDAVIT OF SERVICE I, John M. Kerr, Esquire, hereby verify that I served David C. Dagle, Esquire and Fluevog Renovations, LLC, c/o Russell A. Fluevog with a true and correct copy of the Notice of Appeal and Supersedeas by United States Postal Service, first class mail, postage prepaid, certified, restricted delivery on the 5th day of September 2014. The return receipt signed by Plaintiffs counsel's staff, and a representative of Fluevog Renovations, LLC, are attached hereto. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. September 11, 2014 Respectfully submitted, JOHN M. KERR LAW, P.C. C3 CI CI Restricted Delivery Fee (Endorsement Required U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No insurance Coverage Provided) Postage Certified Fee Rotten Receipt Fee (Endorsement Required) CI CI Cl N Total Postage & Fees 09/05/2014 Sent To C gtreet, Apt. No- m PO Sox No.00:>— Lc) LC -7—t-- City, State, ZIP+4 \NN -C- CV -Kt PS Form 3800, August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY I Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: C • ST -C'' CJ'-• L$'-') V.--Sl•-•\"4:) C— l_57\7-7 -cD 1-1( Ps - 0 Agent 0 Addressee C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No ervice Type Certified Mail 0 Registered Insured Mall 0 Express Mail 0 Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7013 0600 0000 084.5 8794 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 eat To _ el, -Apt. No.; or PO Box No. \_.03) City State, ZIP+4 L \-\C".:C\ "kt.cs 0 4 cta U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.come Postag Certified Fe Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fee PS Form 3800, August 2006 See Reverse for Instructions , r SENDER: COMPLETE THIS SECTION III Complete itemsj, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ' II Attach this card to the back of the mailpiece, or on the front if space permits. icle Add to: C--. _Q. \--Q • COMPLETE THIS SECTION ON DEI D. Is delivery add If YES, enter d m item 1? kAtr. Service Type ed Mail 0 Express Mail Registered 0 Return Receipt for Merchandise Insured Mali 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number '• (Transfer from service labep • - 7013 0600 0000 0845 8817 ; PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 0 , David C. Dagle, Esquire PA Attorney ID# 201707 Law Offices of Peter J. Russo, PC 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 ddaglea,pjrlaw.com (Counsel for Plaintiff) OF -OFFICE TilE PIWTHONOTA SEP 22 c? I CWiriERtl LA Ty PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL DIVISION FLUEVOG RENOVATIONS, LLC, 6 Wagner Drive Mechanicsburg, PA 17050 Plaintiff vs. GLORIA D. FRYER, 107 East Keller Street Mechanicsburg, Pa 17055 Defendant No. 14-5176 CIVIL ACTION — LAW Jury Trial Demanded NOTICE YOU HAVE BEEN SUED I N 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 LWAYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania Telephone Number: 717-249-3166 AVISO USTED HA SIDO DEMANDODO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y fallo por cualquier suma de dinero reclamada en al demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTAT OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania Telephone Number: 717-249-3166 David C. Dagle, Esquire PA Attorney JD# 201707 Law Offices of Peter J. Russo, PC 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 ddagle@pjrlaw.com (Counsel for Plaintiff) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL DIVISION FLUEVOG RENOVATIONS, LLC, 6 Wagner Drive Mechanicsburg, PA 17050 Plaintiff vs. GLORIA D. FRYER, 107 East Keller Street Mechanicsburg, Pa 17055 Defendant No. 14-5176 CIVIL ACTION — LAW Jury Trial Demanded PLAINTIFF'S COMPLAINT AND NOW, comes the Plaintiff, Fluevog Renovations, LLC, by and through their attorneys, the Law Offices of Peter J. Russo, P.C., and file this Complaint against the Defendant, Gloria D. Fryer, and in support thereof avers the following: PARTIES 1. Plaintiff, Fluevog Renovations, LLC (hereinafter "Plaintiff"), is a Pennsylvania limited liability company with a registered address at 6 Wagner Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. At all times relevant hereto, Plaintiff was the owner/landlord of property located at 107 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Property"). 3. Defendant, Gloria D. Fryer (hereinafter "Defendant"), is an adult individual residing at 107 East Keller Street, Mechanicsburg, Cumberland County Pennsylvania. AGREEMENT 4. In December 2013, the Defendant entered into a verbal agreement to rent, from the Plaintiff, the residential property located at 107 East Keller Street, Mechanicsburg, Pennsylvania 17055. 5. The rental agreement was for one (1) year beginning December 21, 2013. 6. Defendant agreed to a monthly rental rate of Eight Hundred Seventy -Five and 00/100 ($875.00) Dollars. 7. Pursuant to the agreement, rent was due on the Twenty -First (21st) Day of each month. 8. Pursuant to the agreement, the Defendant was responsible for utility services provided to the property, which included electricity, sewer service, water service, refuse removal, lawn maintenance, snow removal and oil service. 9. Defendant moved her belongings into the property on or about December 21, 2013. 10. Defendant was served with a Notice to Quit on May 19, 2014, pursuant to the Pennsylvania Landlord Tenant Act. A true and correct copy of the Notice is attached hereto and incorporated as Exhibit "1." 11. Defendant continues to reside at the Property. COUNT 1 — BREACH OF CONTRACT 12. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by reference as if set forth at length. 13. Defendant has failed to make a rental payment for December 2013. 14. Defendant has failed to make a rental payment for January 2014. 15. Defendant has failed to make a rental payment for February 2014. 16. Defendant has failed to make a rental payment for March 2014. 17. Defendant has failed to make a rental payment for April 2014. 18. Defendant has failed to make a rental payment for May 2014. 19. Defendant has failed to make a rental payment for June 2014. 20. Defendant has failed to make a rental payment for July 2014. 21. Defendant has failed to make a rental payment for August 2014. 22. Oil was delivered to the Property on December 20, 2013, January 23, 2014, and February 5, 2014. 23. Payment for the oil delivery was made by Plaintiff True and correct copies of the invoices for the deliveries are attached hereto and incorporated as Exhibit 2. 24. The total cost incurred by Plaintiff for the delivery is One Thousand Six Hundred Sixty - Five and 12/100 ($1,665.12) Dollars. 25. Defendant received the benefit of the delivery of the heating oil. 26. Defendant has not remitted payment to the Plaintiff for delivery of oil despite demand to do so. 27. Defendant failed to make payment for water service to the Property for the months of January 2014 through July 2014, despite demand by the Plaintiff. 28. Plaintiff made the payment for water usage of the Property for the months of January 2014 through July 2014. True and correct copies of the invoices and cancelled checks for the payment of services are attached hereto and incorporated as Exhibit 3. 29. Total amount paid by Plaintiff for water service for the benefit of Defendant is One Hundred Sixty and 93/100 ($160.93) Dollars. 30. Defendant failed to make payment for electrical service to the Property for the months of January 2014 through July 2014, despite demand by the Plaintiff. 31. Plaintiff made payment for electrical usage for the Property for the months of January 2014 through July 2014. True and correct copies of the PPL Electric bills and copies of cancelled checks for payment are attached and incorporated as Exhibit 4. 32. The amount total amount paid by Plaintiff for electrical usage for the benefit of Defendant is Five Hundred Thirteen and 79/100 ($513.79) Dollars. 33. Defendant has failed to make payment for sewer/refuse service to the Property for the months of January 2014 through August 2014, despite demand by Plaintiff. 34. Total amount of payments incurred by Plaintiff for sewer and refuse services by the Borough of Mechanicsburg for the period of January 2014 through August 2014 is Three Hundred Seventy -Eight and 00/100 ($378.00) Dollars. True and correct copies of bills for service and cancelled checks for payment are attached hereto and incorporated as Exhibit 5. 35. Defendant received the benefit of the services of the Borough of Mechanicsburg paid for by the Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in Plaintiffs favor, and against Defendant, Gloria D. Fryer, in the amount of Ten Thousand Five Hundred Ninety -Two and 84/100 ($10,592.84) Dollars, plus interest, court costs and any other such relief this Honorable Court deems just and appropriate. COUNT 2 — UNJUST ENRICHMENT 36. Paragraphs one (1) through thirty five (35) of this Complaint are incorporated herein by references as if set forth at length. 37. Defendant has not made a rental payment to Plaintiff 38. As of the date of this Complaint, Defendant is in arrears for rent in the amount of Seven Thousand Eight Hundred Seventy- Five and 00/100 ($7,875.00) Dollars. 39. Defendant has received benefits by residing at the Property. 40. Defendant has failed to make payments for utility usage at the Property. 41. Defendant has received the benefit of the utility services provided to the Property. 42. Plaintiff has incurred expenses in relation to the Defendant's use of the Property and utilities. 43. Defendant has not made a payment to the Plaintiff for the benefits she has received. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in Plaintiffs favor, and against Defendant, Gloria D. Fryer, in the amount of Ten Thousand Five Hundred Ninety -Two and 84/100 ($10,592.84) Dollars, plus interest, court costs, and any other such relief this Honorable Court deems just and appropriate. COUNT 3— EJECTMENT 44. Plaintiff incorporates the allegations in Paragraphs 1 through 43 of this Complaint, as though set forth in this paragraph at length. 45. Plaintiff is the owner of real property located at 107 East Keller Street, Mechanicsburg, PA 17055. 46. Plaintiff delivered to the Defendant a Notice to Quit the above described real property on May 19, 2014. 47. Defendant continues to reside at the Property. 48. Defendant has not paid rent for the Property for the past nine (9) months. 49. Defendant is in arrears for rent owed in the amount of Seven Thousand Eight Hundred Seventy -Five and 00/100 ($7,875.00) Dollars. 50. Plaintiff is entitled to immediate possession of the real estate and to damages for unpaid rent. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in Plaintiffs favor, and against the Defendant, Gloria D. Fryer, and order: a. The Defendant vacate the Property immediately; b. Defendant pay the cost of unpaid rent for the past nine (9) months prior to the filing of this Complaint; c. Plaintiff's costs and fees; and d. Any further relief that the Court may find appropriate. DEMAND FOR JURY TRIAL Plaintiff hereby demands that the trial of all issues be heard by a Judge sitting with a jury. Date: Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. David C. Dagl squire Attorne No. 201707 501 s ast Trindle Road, Suite 203 Mechanicsburg, PA 17050 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are made subject to the penalties relating to unsworn falsification under 18 Pa.C.S. §4904. Date: Russell Fluevog Owner, Fluevog Renovations, LLC EXHIBIT 1 Fluevog Renovations, LLC Fluevog Renovations, LLC May 19, 2014 From: Russell A. Fluevog To: Gloria Fryer At 107 East Keller St., Mechanicsburg Penn. Notice To Quit You are currently in default of the agreement for rent and utilities for the property at 107 East Keller St. You have 15 days to pay all the amounts due or to vacate the property. Failure to do so will result in the land lord taking action for eviction. Security deposit 875.00, Five months rent at 875.00 5250.00 Oil that was bought 717.44,605.14, 342.54 1665.12 Electric 62.22, 83.09, 67.51,47.82 260.17 Water 17.74, 23.94, 17.74, 17.82 77.24 Sewer 42.00 42.00 Total: 7294.53 Russell. A. Fluevog EXHIBIT 2 HARLOW FLUEVOG 14 SUNSET DR MECHANICSBURG, PA. 17050 -8184 1212o/i3- Credit Card Paymen 0/13 VISA XXXX XXXX XXXX,2563 Amount: $.717.44 Please Enter Your Email Address: Payment will be charged. your credit card on the date noted above. Livered Total Gallons Start Me er: Total Gallons Delivered200/1 14:28 2039 Price per`4..g.aPtrg90 VOLUME. DELV ADJ. 60 DEGREE F REGULATORY COMPLIANCE FEE o For Your Information Only: Record of Previous Deliveries: Heating Season 6/01/13 through 5/31/14 Total Gallons Delivered Since 6/01/13 Product: BIO HEAT Total Amount Due 203.9 Trk. 272 Drvr. 1222 Shipley Energy Co. PO BOX 5006 YORK, PA 17405-5006 myshipley.com (800) 839-1849 717-848-4100 214,11.11140306.071,4.2423122,2 $3.99 $717,44 Customer# 21813( 133,3 :3.35773 HARLOW FLUEVOG • ' _- 14 SUNSET DR MECHANICSBURG, PA. 17050 94155. 1/24/14. Credit Card Payment I 24/14 CARD ENDING IN XXXX25 3 Amount: $605.14 Please Enter Your Email Address: Payment will be charged to your credit card on the date noted above. Delivered Total Gallons art Meter: Total Gallons Delivered oR .23/14 11:30 Price per g.1. 4.499 VOLUME DELV ADJ. 60 DEG REGULATORY COMPLIANCE FEE For 'your Information Only: Record of Previous Deliveries: Heating Season 6/01/13 through 5/31/14 Total Gallons Delivered Since 6/01/13 Product: BIO HEAT Total Amount Due iShipley Energy Co. PO BOX 5006 YORK, PA 17405-5006 myshipley.com (800) 839-1849 717-848-4100 3413.30S14111;000.[MMV1612.3 0.0 133.4 337.3 Trk. 252 Drvr. 1193 $4.97 • 4605-14 Custome., 218130 4,10ik-A HARLOW FLUEVOG 14 SUNSET DR MECHANICSBURG, PA. 17050 Customer NuMber: 218130 Invoice NuMber: 930314 Invoice Date: 2106/14 Credit Card Payment 02/06/14 CARD ENDING IN XXXX2563 Amount: $342.54 Please Enter Your Email Address: • Payment will be charged to your credit card on the date noted above. Delivered at: 107 E KELLER ST MECHANICSBURG, PA Total Gallons Start Meter: 0.0 Total Gallons Delivered on 2/05/14 at 14:05 73.4 Price per gal. 4.5990 VOLUME DELV ADJ. 60 DEGREE F . REGULATORY COMPLIANCE FEE For Ybur Information Only: Record of Previous Deliveries: Heating Season 6/01/13 through 5/31/14 Total Gallons Delivered Since 6/01/13 Product: BIO HEAT 410.7 $4.97 Total'Amount Due *3.4254 Trk. 247 Drvr. 1027 Shipley Energy CO. PO BOX 5006 YORK, PA 17405-5006 myshipley.com (800) 839-1849 717-848-4100 230,3021460090342542214026t Customer# 218130 EXHIBIT 3 4 3 2 1 USAGE HISTORY Usage in Thousands of Gallons 04 tba hm hd Msg. Sq Oct Ho Chs Mn Next meter reading date: on or about 02/06/2014 SERVICE Ta RUSSELL FUJEVOG star Number - ron Billing Date: - Account Number: 01/07/14 00206713467083 Previous Balance - $11.42 Payments Through 01/07/14 THANK `1y�� $11.42CR Balance Forward $0.00 Current Charges Due 01/27/2014 • TOT ►L A 10UNT DUE $177 1 O O •O O op co O l O 0 O 04 tba hm hd Msg. Sq Oct Ho Chs Mn Next meter reading date: on or about 02/06/2014 SERVICE Ta RUSSELL FUJEVOG star Number - ron Billing Date: - Account Number: 01/07/14 00206713467083 Previous Balance - $11.42 Payments Through 01/07/14 THANK `1y�� $11.42CR Balance Forward $0.00 Current Charges Due 01/27/2014 $17.74 TOT ►L A 10UNT DUE $177 1 *PAY BY 02/03/2014 TO AVOID A 1.5% LATE PAYMENT CHARGE - SERVICE ADDRESS. 107-E KELLER ST MECHANICSBURG.PA revio =s�-Preseiit=�. -hleosure�_ )38701370 12/05/13. 01/06/14 SERVICE CHARGES WATER CHARGES DISTRIBUTION SYSTEM IMPROVEMEN 32 0927 $11:00 $5.91 $0.81 SEE REVERSE SIDE FOR IMPORTANT ACCOUNT INFORMATION 0928 1 MGL ACTUAL EQUIVALENTTO 1,000 GALLONS STATE TAX ADJUSTMENT SURCHARGE TOTAL CURRENT CHARGES W07 $0.02 $17:74 - PORTA] Your consumption is based nn an actual reading. of your water meter. Effectrve.Janua1, 2014 the DiStribution:System Improvement Charge (DSIC) increased from 3.73% to 4.79%. This charge funds the, ralacement:of water distribution facilities- In Pennsylvania_ Check Images I FL UEVOG RENOVATIONS LLC. �4AM .PA17053 0171697.6794' PAY TOME �la /7J an 2863 60a:244313 IS /Z'7�. gentopsop�: �� / 000010 001 011714 0614 BNYMELLON 00206713467083 PIT CRED TO PAYEE - 079 -7347!371804 ABS END GUAR 011714 346009 001 002 Page 1 of 2 . 3 2 1 0 Usage in Thousands of Gallons Apr Hag Jun Ad Avg Sao Oct Me Qs Ian Next meter rending date: on or about 03/06/2014 SERVICE TO: RUSSELL FLUEVOG 038701370 01/06/14 02/06/14 SERVICE CHARGES WATER CHARGES DISTRIBUTION.SYSTEM IMPROVEMEN Account Number 00206713467083 Previous Balance Payments Through 0 Balance Forward Current Charges Due 2 6 014 $1734 $17.74CR $0.00 $23.94 2394 *PAY BY 03/04/2014 TO AVOID A 1.5% LATE PAYMENT CHARGE SERVICE ADDRESS: 107 E ICELLER ST MECHANICSBURG PA 31 ' 0928 0930 $11.00 $11.82 $1.09 Usagi • Measure: 2 MGL EQUIVALENT TO ACTUAL 2,000 GALLONS STATE TAX ADJUSTMENT SURCHARGE TOTAL CURRENT CHARGES SEE REVERSE SIDE FOR IMPORTANT ACCOUNT INFORMATION $0.03 $23.94 to 4.79%. This charge funds the 19- • 2 ... 1 1 •• • • 'r —. — - Apr Hag Jun Ad Avg Sao Oct Me Qs Ian Next meter rending date: on or about 03/06/2014 SERVICE TO: RUSSELL FLUEVOG 038701370 01/06/14 02/06/14 SERVICE CHARGES WATER CHARGES DISTRIBUTION.SYSTEM IMPROVEMEN Account Number 00206713467083 Previous Balance Payments Through 0 Balance Forward Current Charges Due 2 6 014 $1734 $17.74CR $0.00 $23.94 2394 *PAY BY 03/04/2014 TO AVOID A 1.5% LATE PAYMENT CHARGE SERVICE ADDRESS: 107 E ICELLER ST MECHANICSBURG PA 31 ' 0928 0930 $11.00 $11.82 $1.09 Usagi • Measure: 2 MGL EQUIVALENT TO ACTUAL 2,000 GALLONS STATE TAX ADJUSTMENT SURCHARGE TOTAL CURRENT CHARGES SEE REVERSE SIDE FOR IMPORTANT ACCOUNT INFORMATION $0.03 $23.94 to 4.79%. This charge funds the 19- 4 3 2 0 USAGE HISTORY Usage in Thousands of Gallons Apr elaw Jun )01 Au; Sep Oa Hoe Dec Ion Feb ela Next meter reading date: on or about 04/04/2014 Seivict-ro:-RuSSELCitaikio--- — Billing Date: 03/06/14 Account Number 00206713467083 • Previous Balance Payments Through 03/06/14 MANX You z , 1 1.1 Balance Forward • ----7) Current Charge ue 03/26 . o ....n =.. 0 0 0 0 0 0 0 4:">. ...e,.. c• -- ,..:41- ,. 4,- ....., • = . 0 Apr elaw Jun )01 Au; Sep Oa Hoe Dec Ion Feb ela Next meter reading date: on or about 04/04/2014 Seivict-ro:-RuSSELCitaikio--- — Billing Date: 03/06/14 Account Number 00206713467083 • Previous Balance Payments Through 03/06/14 MANX You $23.94 $23.94CR $0.00 $17.74 Balance Forward • ----7) Current Charge ue 03/26 ,.., 17 .74 - $1774 el...QTACAMO LI 14T DUE ,. t::;T: .,.....-___ ---.....,_ *PAY BY 04/01/2014 TO AVOID A 1.5% LATE PAYMENT CHARGE SERVICE ADDITIM710TE KEIIER-STNEUTANICSBORGVA— eruice .;..••••=-=; r : -D�fi Meter Readirg 038701370 C)2/06/14 03/0§/_14-I 28 0930 0931 SERVICE CHARGES WATER CHARGES DISTRIBUTION 5YSftM IMPROVEMEN $11.00 $5.91 $0.81 !PPP 1 Ma ACTUAL EQUIVALENT 70 1,000 GALLONS • STATE TAX AD3USTMENT SURCHARGE TOTAL CURRENT CHARGES SEE REVERSE SIDE FOR IMPORTANT ACCOUNT INFORMATION W07 $0.02 $17.74 Your consumption is based on an actual reading of your water meter. Effective January 1, 2014 the Distribution System Improvement Charge (DS1C) increased from 3.73% to 4.79%. This charge funds the replacement at water distribution facilities in Pennsylvania. • = •=•.•• : • •••.:,':•!' : ••••i, LUEV.64.kkr4oVATIO,iik:40::•••....; •: • • • ' . • '•••AVIECHA141C..5BURG;PA1799.....1'., • , .• , , • •• • :- • -. • . Y.- - • •• _. . • : .TO TtiE;•• • • • . . , • . • . . • • •:••-• • •• ...• DATE . • Steed= ' 60 8224-2313 • . , • • . . . . DOLLARS FOR • • • • .-.-oreetewea , - • . . . • ' - ., .. • -...- -....-.,..,:-.•:',',zi.',,-.,;:i.,•:,.......:.,..... .: " ..;:s.:•:::••::.:.•-••-•-•:.,.•;:: - , United Water Pennsylvania •-•dl • ; --"', • :. • '','"'';''''''"''' ''.• "'''''' ''"'• .•...,• •••••. •• . • , ... :._•.••••••• . . •:—..,.....s.,,,,,,,,•• • , , • ,,,,, ::,:,...z-;: :::,•i,,, -:: Customer Senjice center ,-- : , --. . ', . : . : ,,- ..••..7.;:-..:',..71.q.- .: -...,--,-, .:,..,,-, '1 1 A rr---':-:'-'-',,i- •:',:',. 8189 -Adonis Drive ' • . , . .. .. : - : • %....:, ,...:,:.. ,.,:. :.: , :-. .. .*.. Htimrnelstottim PA 17036 . . . . • - . :, ],.-:::,..Z..;t::::... ,..:]:..r.,.,,i;:,,-;,: • . -- .:; TglOphdrie: 717-564-3E62 •:.. :1 -. ' : : '.......y...::,:srid;.-.- ' --'''.';'.'..:..-:','..: ..,.• , -',::: tUterw.uriftedwater.corn • - • .,- --',:. -1,:!--;-:::;.,:. .,,, .d:,--,.....::f:Ii.::.. UNI 2 0 USAGE HISTORY Usage in Thousands of Gallons 2 0 0 0 0 0 0 0 0 Am Ad 1414 Sem Oct No Dec km ret. Mar Next meter reading date: on or about 05/06/2014 SERVICE TO: RUSSELL FLUEVOG Meter Nurilfaef 038701370 • „. From 03/06/14 04/04/14 SERVICE CHARGES WATER CHARGES DISTRIBUTION SYS I EM IMPROVEMEN Serutce Billing Date: 04/04/14 Account Number: 00206713467083 Previous Balance $17.74 Payments Through 04/04/14 THAW YOU $17.7404 Balance Forward $0.00 Current Charges Due 04/24/2014 $17.82 :,,,• ,......:;:,,,,,:r,7..,• -,i„.7,7,7•7 ---i?..- -•- ' . ' ::;;-"q.-• - ;77:Tf7-7-':: •:.; • — 1701;Ati-AillOUNtritit . ' lk ' . . —...------- *PAY BY 04/30/2014 TO AVOID A 1.5% LATE PAYMENT CHARGE SERVICE ADDRESS: 107 E KELLER ST MECHANICSBURG PA Pretnou Present 29 0931 0932 1 MGI ACTUAL EQUIVALENT TO 1,000 GALLONS STATE TAX ADJUSTMENT SURCHARGE TOTAL CURRENT CHARGES $11.00 $5.91 S0.89 SEE REVERSE SIDE FOR IMPORTANT ACCOUNT INFORMATION $0.02 $17.82 • Your consumption is based on an actual reading of your water meter. Effective April 1, 2014 the Distribution System Improvement Charge (DSIC) increased from 4.79% to 5.29%. This charge funds the replacement df water distribution facilities in Pennsylvania. ......... PAY TO THE ORDER OF FLUEVOG RENOVATJONS, LLC, MECHANICSBURG, PA -17050- 17).697-6194 .• I 17) 697-6194 . • 2891 •-• • • .697822:4,23, p. DATg, • FOR 614e,‘ J I II I I I= • ....• MECHANICSBURG PA 17050-1651 0020671346708300000001782000000004 USAGE HISTORY Usage in Thousands of Gallons May Jun }ut Aug Sty On tinv Mt Feb Mot Ap, KbY Next meter reading date: on or about 06/05/2014 SERVICE TO: RUSSELL FLUEVOG Billing Date: 05/06/14 Account Number: 00206713467083 Previous Balance $17.82 Payments Through 05/06/14 THANK you $17.82CR Balance Forward $0.00 Current Charges Due 05/26/2014 $23.99 TOTA•.,,,,.; : :-.:-:.-1:.- .1,-; — .-.,--:..- .7„:-, ‘..-N.: ::?:',IH T.::'!:.*::. AMOUNT DUE ,,-: ,:, `' `1,:iif::"' ' ''''''' ''''.1--1,- : - ' ' .7 $23.99 *PAY *PAY BY 06/02/2014 TO AVOID A 1.5% LATE PAYMENT CHARGE SERVICE ADDRESS: 107 E KELLER ST MECHANICSEIURd-PA • • . Meter Number - seniic"c‘13--1" fromService Days of Heter,Rga,ding Previous Present Usage • Unit of Measure Rending Typ 038701370 04/04/14 05/06/14 32 • SERVICE CHARGES WATER CHARGES:,.. DISTRIBUTION SYSTEM IMPROVEMEN . . 0932 0934 2 MGL ACTUAL EQUIVALENT TO 2,000 GALLONS $11.00 $11.82 $1.21 STATE TAX ADJUSTMENT SURCHARGE TOTAL CURRENT CHARGES SEE REVERSE SIDE FOR IMPORTANT ACCOUNT INFORMATION • - • __ 'Rate • • • WO? $0.04 CR $23.99 iMPORTANT MESSAGES Your consumption is based on an actual reading of your water meter. Effective April 1, 2014 the Distribution System Improvement Charge (DSIC) increased from 4.79% to 5.29%. This charge funds the, replacement of water distribution facilities in Pennsylvania. Effective April 10, 2014 the State Tax Adjustment surcharge decreased from 0.12% to (0.22%) efiedkaitisges 1. FLUEVOG RENOVATIONS mECHAPVCSBLG. PA 17 (7171 ta7-61s4 PAY TO THE ORDER Op 647 7 IC 4/ elja` I e A xdsv•Alpuamialtrperigioqstsiacpit.ourairffuedguass114 DATE $ 13.99 -* DOLLARS 8 maims. F911,707(3 V.7 o evememinatiol IMP 2903 60-8224.2313 • l—� 4 2 0 USAGE HISTORY Usage in Thousands of Gallons 2 0 0 O ho, )ut Au9 Sep Oct Nov Dec Ice ,.b Ma. Apr May ,W, Next meter reading date: on or about 07/07/2014 SERVICE TO: RUSSELL FLUEVOG • United, Water Pennsylvania: CustomerServiceCenter; ." 8189 Adams Drive Hurnmelstown PA 17036: Telephone: 717-564-3662: • www:unitedivater.com Billing Date: 06/05/14 Account Number: 00206713467083 Previous Balance $23.99 Payments Through 06/05/14 THANK YOU $23.99CR Balance Forward $0.00 Current Charges Due 06/25/2014 $17.76 OTA1 AMOUNT -DUE $17.76 *PAY BY 07/01/2014 TO AVOID A 1.5% LATE PAYMENT CHARGE SERVICE ADDRESS: 107 E KELLER ST MECHANICSBURG PA Meter Number; Service _ From I . To Days of Service Meter Reading Previous. Present: Usage_ Unit of Measure Reading Type Rate 038701370 05/06/14 06/05/14 30 SERVICE CHARGES WATER CHARGES DISTRIBUTION SYSTEM IMPROVEMEN 0934 0935 $11.00 $5.91 $0.89 1 MGL ACTUAL W07 EQUIVALENT TO 1,000 GALLONS STATE TAX ADJUSTMENT SURCHARGE TOTAL CURRENT CHARGES SEE REVERSE SIDE FOR IMPORTANT ACCOUNT INFORMATION IMPORTANT MESSAGES 00- $0.04 CR $17.76 Your consumption is based on an actual reading of your water meter. Effective Apnl 1, 2014 the Distribution System Improvement Charge (DSIC) increased from 4.79% to 5.29%. This charge funds the replacement of water distribution facilities in Pennsylvania. Annual Water Quality Report • Starting June 1, 2014 you will be able to view the United Water Pennsylvania annual water quality report on-line at www.unitedwater.com/UWPA/Mechanicsburg/CCR2013 . This report contains important information about the source and quality of your . '-king water. Please call 888.299.8972 if you would like a paper report delivered to your home. 1..,,orte Anual de Calidad del Agua A partir del primero de julio del 2014 usted podra ver en linea el informe anual de la calidad de su agua potable producida por United Water Pennsylvania visitando la pagina de internet www.unitedwater.com/UWPA/Mechanicsburg/CCR201.3 El reporte contiene valiosa informacion acerca de las fuentes de abasto y calidad de su agua potable. Por favor llame al 88299972 si desea una copia impresa del informe. elitalittipges xdse•Alpuogaialupelo•aslvapour auppig )ase$ FLUEVOG RENOVATIONS LLC. MECHANICsstIFIG, PA 17051 Q� 1717) 6997.6194 DATE / _ ///_ `/648224-2313 TaraPAY - oF1, .1,-,/Uile Z. ?G -0.4., Zio er Douuws 8 est 4 0 USAGE HISTORY Usage in Thousands of Gallons 0 0 0 0 0 24 Aug ser Oct Nov 0a Ion Ree Mor AO, Ma Inn 10 Next meter reading dote: on or about 08/06/2014 SERVICE TO: RUSSELL FLUEVOG 'Unite d Viii ter'Pennsyluaniir.; Customer Service "Center 8189;Adarrit,Driue Hiiiiirnelstdwn ;PA 17036 Telephone 717-564-3662 • . iuiuw:unitedwater;cam : Billing Date: 07/07/14 Account Number: 00206713467083 Previous Balance • Days of $17.76 Payments Through 07/07/14 rHANKYOU Uni•t of •Measure $17.76CR - Balance Fo 1 • From''` ; To:.. $0.00 Current Ch • ges Due 07/28/201-. 1lsoge $17.85 TOTALAM6 0 E ':_ ':• $17.85' *PAY BY 08/04/2014 TO AVOID A 1.5% LATE PAYMENT CHARGE SERVICE -ADDRESS: 1071-KELTEWST'NIECHANiCSBDRGFfi' M Meter Number <. Service ` : -r Days of Meter Reading.• Uni•t of •Measure Reading Type . Rate From''` ; To:.. Service; ,, ; Previous Present 1lsoge 038701370 06/05/14 07/07/14 SERVICE CHARGES WATER CHARGES DISTRIBUTION SYSTEM IMPROVEMEN 32 0935 0936 1 MGL ACTUAL EQUIVALENT TO 1,000 GALLONS STATE TAX ADJUSTMENT SURCHARGE TOTAL CURRENT CHARGES $11.00 $5.91 $0.98 SEE REVERSE SIDE FOR IMPORTANT ACCOUNT INFORMATION W07 $0.04 CR $17.85 Your consumption is based on an actual reading of your water meter. Effective July 1, 2014 the Distribution System Improvement Charge (DSIC) increased from 5.29% to 5.79%. This charge funds the replacement of water distribution facilities in Pennsylvania. RE 454445 PLEASE DETACH HERE AND RETURN THE BOTTOM PORTION WITH YOUR PAYMENT IN THE RETURN ENVELOPE PROVIDED. 002 FLUEVOG RENOVATIONS, LLC. MECHANICSBURG, PA 17050 (717)697-6194 PAY TO THE 11 % J 60'4 f, ORDER OF /40 z St MEMBERS l MechafEOERALCB EDIT UNION •www.sn sober PA 171155 / ,1 / vlrw�rmbenlMe6 FORd6 ?/3 V 6 7o Q osiesavio 1• DATE 7 USAGE HISTO Usage in Thousands f a Ions 11111111111111111iinfill Eminimaim Aug 06 SpO5 Occ04 50a06 Mc 05 )a.fe0 06 Mar 06 Ape CA Raj0S 3= 05 3.407 Next meter reading date: on or about 09/05/2014 -SERVItETCXRUSSELI.FLUEVOT 038701370 07/07/14 08/04/14 SERVICE CHARGES WATER CHARGES DISTRIBUTION SYSTEM IMPROVEMEN Day r hitidUlatip...P.e.iinSyluania- .i:. . .... ,.„...,,.., _ . . Customer Service Center .... . • .,:: . 89 Adams Drive •-•-. • .. :-.. : Hummeistown • , - . Telephone 717-564-3662 • .' . - - . . ,, ., ..,:;.....„.... . :'.... • :_-..-.;...„-..f:_.,.,r„,,,.: ..: iiiii4UnitidWater.cbm . . • .. - • • - - ..,.. ,..,....:-...:,•.—....... Billing Date: Account Number: 08/11/14 00206713467083 Previous Balance Payments Through 08/11/14 THANK YOU Balance Forward Current Charges Due 09/02/2014 TOTALFAMOUNT-DUE-_-: $17.85 $17.85CR $0.00 $24.09 _ . FINAL BILL *PAY BY 09/08/2014 TO AVOID A 1.5% LATE PAYMENT CHARGE —SERVICEADDRESS: 107 E KELLER ST MECHANICSBURG-PA 28 0936 0938 2 MGL ACTUAL EQUIVALENT TO 2,000 GALLONS STATE TAX ADJUSTMENT SURCHARGE TOTAL CURRENT CHARGES $11.00 $11.82 $1.32 SEE REVERSE SIDE FOR IMPORTANT ACCOUNT INFORMATION WO7 $0.05 CR $24.09 . • , • . . • .• .1 MPORTANT Your consumption is based on an actual reading of your water meter. Effective July 1, 2014 the Distribution S9stem Improvement Charge (DSIC) increased from 5.29% to 5.79%. This charge funds the reoacement of water distribution facilities in Pennsulvania. Check Images Page 1 of 2 PAY TO TO THE ORDER 0 FLUEVOG RENOVATIONS, LLC. MECHANICSBURG, PA 17050 (717) 697-6194 DATE DOLLARS 2928 0-8224.2313 Fort,06-7/n.00000-7,04misatigeesa- 3.. • • •-• cmoini 031 082014 0614 BNYMELLON 00206714467083. PIT CRED TO PAYEE 079-747/371804 ABS END GUAR rm-mi 4-v•ini co n-)1 fl') 0 0 .• • • • 1113113:chinOt13 0 EXHIBIT 4 PL r"7ccrlc Utilltice; uuesuun r rata=v contact us by Feb 14. ®v+� pp 1-800-DJAL-PPL (1-800-342-5775) M -F: 8am to 5pm ' it Electric ilectric Usage Profile Service to: RUSSELL A FLUEVOG 107_E:KELLER ST MECHANICSBURG, PA 17055 Meter: 23430526 Your next meter reading is on or about Feb , This section helps you understand your year-to-year electric use by month. Meter readings are actual unless otherwise noted. Avg, Per Day (kWh) 24 20 16 32 s 4 0 2013 Jj 2094 ! c M A M J .1 A S 0 N U Moidl+s - Jan 24 Actual 26381 Dec26 Actual 26010 kWtrBl led 371 Billing Summary Balance as of Jan 24, 2014 Charges. Total PPL Electric Utilities Charges Total Charges (Billing details on back) $0.00 $62.22 $62.22 - Account Balance PPL Electric Utilities' price to compare for your rate is $0.08754 per kWh. This changes the 1st of Mar, Jun, Sept, and Dec Visit papowerswitch.com or www.ocastate.pa.us for supplier offers Your Message Center $62.22 • With paperless billing, you can 'receive and pay your PPL Electric Utilities bills online. The process is free, quick, convenient and secure. To learn more or sign up, visit pplelectric.com. ® Information about appliance energy use and tips on saving energy are available through the Energy library on our. Web site, ppom/e-power • Before digging around your home or property, you should always call the scale's One Call notification system to locate any underground utility lines. You can do this by simply dialing 811, which will connect you to the One Call system. Be safe and call 811 before you Payment Methods Online at pplelectric.com E1 By Mail: 2 North 9th Street CPC-GENN1 Allentown, PA 18101-1175 © By phone: 1-800-342-511s or call BillMatrix (service fee applies) at 1-800-672-2413 to pay using Visa, MasterCard, Discover or debit card. Correspondence should be sent to: Customer Services 827 Hausman Road Allentown, PA 18104-9392 Other important information on the back of this bill 4 PAY TKI FLIilvoG RLWIAMDae Pngra 637-818o /1NL7 ! �� SP 4-4f8G - 7,5o9 - -04011.-40 Nowt 2869 DATE r4 -/1- I-, 150* 2 a`' dam. T OTT_ '-1 OLLRRS 8 —... 9 PLEtectricUtElies iue3`tib"hs'? ' contact us by Mar 18. 1 -800 -DIAL -PPL (1-800-342-5775) M -F: 8am to 5pm Your Electric Usage Profile Service to: RUSSELL A FLUEVOG 107 E KELLER ST MECHANICSBURG, PA 17055 Meter: 23430526 Your next meter reading is on or about Mar 25, 2014. This section helps you understand your year-to-rr.ar electric use by month. Meter readings are awl unless otherwise noted. ;2013 02014 Avg. rer uay tI Wfl 24 20 16 12 8 4 1 FMAMJ JASON Months Billing Summary Balance as of Feb 25, 2014 Charges Total PPL Electric Utilities Charges Total Charges (Billing details on back) $0.00 $83.09 $83.09 tAmonnt Due 30. ar;18; :2019 Account Balance $83.09 PPL Electric Utilities' price to compare for your rate is $0.08754 per kWh. This changes the 1st of Mar, Jun, Sept, and Dec. Visit papowerswitch.com or www.oca.state.pa.us for supplier offers. Your Message Center • With paperless billing, you can receive and pay your PPL Electric Utilities bills online. The process is free, quick, convenient and secure. To learn more or sign up, visit pplelectric.com. • Information about appliance energy use and tips on saving energy are available through the Energy Library on our Web site, pplelectric.com/e-power • Before digging around your home or property, you should always call the state's One Call notification system to locate any underground utility lines. You can do this by simply dialing 811, which will connect you to the One Call system. Be safe and call 811 before you dig. Payment Methods Feb 25 Actual 26916 e) Online at: Actual 26381 pplelectric.com Jan 24 32 I: S kWh Billed 535 Mar 2013 - Feb 2014 2770 231 • By Mall: 2 North 9th Street ,CPC-GENN1 • Allentown, PA 18101-1175 © By phone: 1-800-342-5775 or call BiliMatrix (service fee applies) at 1-800-672-2413 to pay using Visa, MasterCard, Discover or debit card. Correspondence should be sent to: Customer Services 827 Hausman Road Allentown, PA 18104-9392 information on the back of this bill - Other important CO m 0 OG' RENOVATIONS, I;L+ EGHANIGSBURG;'PA:17060 • ..(7.17097,-61 04 • PPL Electric utI nnce • € =e tions? Please • contact us by Apr 1 -800 -DIAL -PPL (1-800-342-5775) M -F: 8am to 5pm Your Electric Usage Profile Service to: RUSSELL A FLUEVOG 107 E KELLER ST MECHANICSBURG, PA 17055 Meter: 23430526 Your next meter reading is on or :c ;. 21 _ This section helps you unciersonci rots- a electric use bar month. MEI -T resarare awl unless otherwise noted. FMAMJ JASON Months Mtrtthly Days kWh Average ' Average ; ,Comparison Billed kWh/Day.. Temp. Mar 2014 ar 2013 . l 2 Mar 25 Feb 25 Actual 28 Days kWh Billed 27328 26916 412 YeaCoro tan: Total -Ilse: ; Av . M ttttiili Apr 2013 - Mar 2014 I 3034 253 LUEVOG RENOVATIONS, LLC. MECHANICSBURG PA 17050 '..(717) 697-6194' Pig teary agiante as a'F Mar 25, 2014 PPL Electric Utilities Charges somal Charges Amount Due By Apr 15, 2014 Account Balance PPL Electric Utilities' price to compare for your rate is $0.08754 pet ifiNk This changes the 1st of Mar, Jun, Sept, and Dec. Visit papowerswitckr . or www.oca.state.pa.us for supplier offers. Your Message Center (Billing details an $0.00 $67.51 $67.51 o With paperless billing, you can receive and pay your PPL Electric Utilities bills online. The process is free, quick, convenient and secure. To learn more or sign up, visit pplelectric.com. e Information about appliance energy use and tips on saving energy are available through the Energy Library on our Web site, pplelectric.comle-power e Before digging around your home or property, you should always call the state's One Call notification system to locate any underground utility lines. You can do this by simply dialing 811, which will connect you to the One Call system. Be safe and call 811 before you dig. Payment Methods • Online at: U pplelectric.com By Mail: 2 North 9th Street CPC-GENN1 Allentown, PA 18101-1175 11) By phone: 1-800-342-5775 or call BillMatrix (service fee applies) at 1-800-672-2413 to pay using Visa, MasterCard, Discover or debit card. Correspondence should be sent to: Customer Services 827 Hausman Road Allentown, PA 18104-9392 Other important information on the back of this bill -3 PAY ;: TO THE:.. OREM OF 1340000067514000 067516 5698075094 ppI PPL Etoctrtc Utilities rS - 'ce to: U=SELL A FLUEVOG v7 E KELLER ST ECHANICSBURG, PA 17055 eter: 23430526 Questions? PleaseO Visit us online at contact us by May 16. U pplelectric.com 1 -800 -DIAL -PPL (1-800-342-5775) M -F: 8am to 5pm ur next meter read' • : is on or about May 27, 2014. Thi -ctio • - •s you understand your year-to-year electric use by month. Meter readings are actual unless otherwise noted. 2013 E'; 2014 r 0 a J FMAMJ J A S O ND Months " Monthly Days 'Average Average Comparison : Billed kWh _ kWh/Day_ Temp - Apr2014 31 411 I 13 49F _Atzr 2013 30 231 8 49F _; rrtgPeriod. Apr 25 .. .. Type . Actual —_ Read n&.._, 27739 Mar 25 Actual 27328 31 Days kWh Billed 411 Yearly Corn'arison `; ;.: Total lhe v; Monthly:. May 2013 - Apr 2014 3214 I 268 /If Page 1 i BJICAcct .NO ' "Due Date Amount Due, 56980-75094 May 16, 2014 $67.77 Billing Summary Balance as of Apr 25, 2014 Charges: Total PPL Electric Utilities Charges Total Charges (Billing details on back) $0.00 $67.77 $67.77 Amount Due By May 16, 2014 $67.77 Account Balance $67.77 PPL Electric Utilities' price to compare for your rate is $0.08754 per kWh. This changes the 1st of Mar, Jun, Sept, and Dec. Visit papowerswitch.com or www.oca.state.pa.us for supplier offers. Your Message Center • With paperless billing, you can receive and pay your PPL Electric Utilities bills online. The process is free, quick, convenient and secure. To learn more or sign up, visit pplelectric.com. • Information about appliance energy use and tips on saving energy are available through the Energy Library on our Web site, pplelectric.com/e-power • Before digging around your home or property, you should always call the state's One Call notification system to locate any underground utility lines. You can do this by simply dialing 811, which will connect you to the One Call system. Be safe and call 811 before you dig. Payment Methods • Online at: pplelectric.com r By Mail: 2 North 9th Street CPC-GENN1 Allentown, PA 18101-1175 ® By phone: 1-800-342-5775 or call BillMatrix (service fee applies) at 1-800-672-2413 to pay using Visa, MasterCard, Discover or debit card. Correspondence should be sent to: Customer Services 827 Hausman Road Allentown, PA 18104-9392 Other important information on the back of this bill ) 0 FLUEVOG RENOVATIONS. LLC. MECHANICSBURG, PA 17050 (717J 697-6194 PAY ORDER OF TOMEAP - GG Mst `r roe 6-4 9 ire) -- `7.5-O rabilkow timiemiumeb. DATE 2898 60.8224-2313 $ 27, ?7 -_. DOLRj. e 0 3 13 O 0 PPL Electric Utilities ®Questions? Please contact us by Jun 17. 1 -800 -DIAL -PPL (1-800-342-5775) M -F: 8am to 5pm JVisit us online at pplelectric.com Page 1 cit. Na ue. date Amount Du' 56980-75094 Jun 17, 2014 $53.24 "'sur Electric Usage Profile service to: RUSSELL A FLUEVOG 107E KEELER"ST MECHANICSBURG, PA 17055 Meter: 23430526 Your next meter reading is on or about Jun 25, 2014. This section helps you understand your year-to-year electric use by month. Meter readings are actual unless otherwise noted. 2013 ® 2014 if M A M 1 1 A SOND Months Monthly Days kWh Average r Cornparison Billed kWhJDay�y May 2014 --__32 I 297 ( 9 Average-` Temp. ._ 60F ay 2013 I 30 157 i 5 I 59F •ifiingPeraod: Type May 27 Actual Reading. __._. 28036 Apr 25 Actual ' 27739 32 Days kWh Billed 297 -Yearly Comparison Total Use Avgr_Munth r Jun 2013 - May 2014 3354 280 Billing Summary Balance as of May 27, 2014 Charges: Total PPL Electric Utilities Charges Total Charges (Billing details on back) $0.00 $53.24 $53.24 Amount Due By Jun 17, 2014 $53.24 Account Balance $53.24 PPL Electric Utilities' price to compare for your rate Is $0.08754 per kWh. This changes the 1st of Mar, Jun, Sept, and Dec. Visit papowerswitch.com or www.oca.state.pa.us for supplier offers. Your Message Center • With paperless billing, you can receive and pay your PPL Electric Utilities bills online. The process Is free, quick, convenient and secure. To learn more or sign up, visit pplelectric.com. • Information about appliance energy use and tips on saving energy are available through the Energy Library on our Web site, pplelectric.com/e-power • Before digging around your home or property, you should always call the state's One Call notification system to locate any underground utility lines. You can do this by simply dialing 811, which will connect you to the One Call system. Be safe and call 811 before you dig. Payment Methods JJOnline at: pplelectric.com mrri By Mail: 2 North 9th Street CPC-GENN1 Allentown, PA 18101-1175 ® By phone: 1-800-342-5775 or call BillMatrix (service fee applies) at 1-800-672-2413 to pay using Visa, MasterCard, Discover or debit card. Correspondence should be sent to: Customer Services 827 Hausman Road Allentown, PA 18104-9392 Other important information on the back of this bill — flattitages FLUEVOG RENOVATIONS, LLC. MECHANICSBURG. PA 17050 (717) 697.6194 PAY / 0 oTMROF //� s IVTimm FOR. t!cgl -�� xdselipuau, ialuud/aoislszagtuottroupp jos g 2910 DATE G !3' 20/ 4/6o-6223.2313 $ 6-3 .p� DOLLARS Ll • - PPL Electric UtillUco OQuestions? Please Visit us online at contact us by Jul 16. pplelectric.co 1 -800 -DIAL -PPL (1-800-342-5775 M -F: 8am to 5 our Electric Usage Profile Service to: RUSSELL A FLUEVOG 107 E KELLER ST MECHANICSBURG, PA 17055 Meter: 23430526 Your next meter reading is on or about Jul 25, 2014. This section helps you understand your year-to-year electric use by month. Meter readings are actual unless otherwise noted. 2013 ® 2014 24 t 20 a 0 v a 8 16 12 4 ri 1 F M A M 1 1 A Months Monthly .:.;days: Ci r iparisOn °Billed S O N ._il hrg Period Jun 25 Actual 28476 May 27 Actual 28036 29 Days kWh Billed 440 r z Page Billing Summary Balance as of Jun 25, 2014 Charges: Total PPL Electric Utilities Charges Total Charges Amount Du Account Ba 4 (Billing details on bac: $0.00 $72.70 $72.70 $72.7 $72.7 PPL Electric Utilities' price to compare for your rate is $0.09036 per kWh. This changes the 1st of Mar, Jun, Sept, and Dec. Visit papowerswitch.com or www.oca.state.pa.us for supplier offers. Your Message Center • With paperless billing, you can receive and pay your PPL Electric Utilities bills online. The process Is free, quick, convenient and secure. To learn more or sign up, visit pplelectric.com. • Information about appliance energy use and tips on saving energy are available through the Energy Library on our Web site, ppielectric.com/e-power • Before digging around your home or property, you should always call the state's One Call notification system to locate any underground utility lines. You can do this by simply dialing 811, which will connect you to the One Call system. Be safe and call 811 before you dig. Payment Methods JJOnline at: pplelectric.com By Mail: 2 North 9th Street CPC-GENN1 Allentown, PA 18101-1175 FLUEVOG RENOVATIONS, LLC. MECHANICSBURG, PA 17050. (717) 697-6194 0 By phone: 1-800-342-5775 or call BillMatrix (service fee applies) at 1-800-672-2413 to pay using Visa, MasterCard, Discover or debit card. Correspondence should be sent to: Customer Services 827 Hausman Road Allentown, PA 18104-9392 information on the back of this bill 4 Other important PAY TO THE ORDER OF, S 2921 50-8224-2313 I 7,,,2 ; -? DOLLARS Mst • MEMBERS � FEDERAL dUmrrUnnoiv bkah�iubim==, M i7i%5 Ms wwn..mcmbcrsisccr�.B FOR - A-Zo f ff6 —.. 7 9Z/ PP. PPL Electric Utilities OQuestions? Please contact us by Aug 19. 1 -800 -DIAL -PPL (1-800-342-5775) M -F: 8am to 5pm Visit us line at plel4ct ic.com Final Bill 56980-75094 Aug 19, 2014 Page 1 'Ar nau. t.Due $107.26 Your Electric Usage Profile Service to: RUSSELL A FLUEVOG 107 E KELLER ST MECHANICSBURG, PA 17055 Meter: 23430526 This section helps you understand your year-to-year electric use by month. Meter readings are actual unless otherwise noted. Pi 2013 0 2014 Avg. Per Day (kWh) 30 25 20 15 10 5 0 mum= NI rim I rim= Ni•rirusii E 10 IC 10 10 10 1111M J FMAMJ J A SOND Months fitiO kthCy j :1)A, ys l ti CO risop - BdJeri s Jul 2014 4 52 Average.' `Avera ; ft/Day: ' , !. , 13 73F Jul 2013 29 174 •6 71F Jul 29 Jul 25 4 Days Actual 29162 Actual 29110 kWh Billed 52 sow: Aug 2013 - Jul 2014 3924 t. `AV :,' • ,, -1 327 • Billing Summary Balance as of Jul 29, 2014 Charges: Total PPL Electric Utili . Charges Total Charges (Billing details on back) $98.40 $8.86 $107.26 Amount I d e By A 819, 2014 Account valance $107.26 PPL Elec ' - . price to compare for your rate is $0.09036 per kWh. This changes the 1st of Mar, Jun, Sept, and Dec. Visit papowerswitch.com or www.oca.state.pa.us for supplier offers. Your Message Center • Information about appliance energy use and tips on saving energy are available through the Energy Library .. _ on our Web site, ppielectric.com/e-power • Before digging around your home or property, you should always call the state's One Call notification system to locate any underground utility lines. You can do this by simply dialing 811, which will connect you to the One Call system. Be safe and call 811 before you dig. • We appreciate the opportunity to have served you. Because you have paid your bills within 30 days over the past year, you have established an excellent payment record with PPL Electric Utilities. Payment Methods Online at: pplelectric.com rillOrrl By Mail: 2 North 9th Street CPC-GENN1 Allentown, PA 18101-1175 FLUEVOG RENOVATIONS, LLC. MECHANICSBURG, PA 17050 (717) 697-6194 PAY TO THE �. ORDER OF /`Y`'* ,1721 t �fSMEMBERS 1S1 FEDERAL CREDITUNION Meehadtskug, PA 17055 • s.wwmem6asls FOR ,64 6-C) 767 C.../ !SWOOP 1; 481 Q 12,1110411itikeiftienti. © By phone: 1-800-342-5775 or call BillMatrix (service fee applies) at 1-800-672-2413 to pay using Visa, MasterCard, Discover or debit card. Correspondence should be sent to: Customer Services 827 Hausman Road Allentown, PA 18104-9392 Other important information on the back of this bill -) e.//c6 2926 �vmww•a�ru naxmaaa,o�n. �i 60-8224-2313 DATE 7s��/Wl $/.6,7,v� DOLLARS el • __- ---w. -- - -- - — .z_�erc�.•.�t,_�:.�a- ,. r,..a7._��;;v.„—a._��_�nm.a�.�__�?.c�:m-��_.--uc;.—�;�.ger.�.=”z.:,..�:b__..._�'-..=,n.."."-"n'.:� -- u�c�r-'c:."aZ+t �- t�v.,..m,..=�_ �- •L•.••�_�14�i EXHIBIT 5 FAILURE TO RECEIVE B!LL DOES NOT ENTITLE GUST 10 "IFETZ7- NET RATE ACCOUNT NO. 0 SERVICE LOCA ON: 07 E KELLER ST BILLING PERIO 01/14 BALANCE FOFIWARD BILUNG DATE: 01/15/14 03/31/14 OF SEWEfi UNITS I 1.00 OF REFUSE UNITS 1,00 USAGE (9 0 26.0 38.60 t. ---- FAILURE TO RECEIVE BILL DOES NOT ENTITLE CUSTOMER TO NET RATE • Zlitkg:741/31online.members1st org/ FAILURE TO RECEIVE BILL DOES NOT ENTITLE CUSTOMER TO NET RATE kitoisq4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL DIVISION Fluevog Renovations, LLC 6 Wagner Drive Mechanicsburg, PA 17050 Plaintiff, vs. GLORIA D. FRYER 107 East Keller Street Mechanicsburg, Pa 17055 Defendant, No. 14-5176 CIVIL ACTION — LAW Jury Trial Demanded CERTIFICATE OF SERVICE I, Derek M. Strouphauer, Paralegal, hereby certify that I have on this day served a true and correct copy of Plaintiff's Complaint upon the following persons, in the manner indicated: John Kerr, Esquire John Kerr Law, P.C. 5010 Ritter Road, Suite 109 Mechanicsburg, PA 17055 Date: Certified and Regular First Class Mail Ms. Gloria D. Fryer 107 East Keller Street Mechanicsburg, PA 17055 LAW OFFICES OF PETER J. RUSSO, P.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTYA PENNSYLVANIA, CIVIL DIVISION FLUEVOG RENOVATIONS, LLC, 6 Wagner Drive Mechanicsburg, PA 17050 Plaintiff vs. GLORIA D. FRYER, 107 East Keller Street Mechanicsburg, Pa 17055 Defendant TO: Gloria D. Fryer 107 East Keller Street Mechanicsburg, PA 17055 No. 14-5176 CIVIL ACTION — LAW Jury Trial Demanded John Kerr, Esquire John Kerr Law, P.C. 5010 Ritter Road, Suite 109 Mechanicsburg, PA 17050 IMPORTANT NOTICE Pursuant to Pa.R.C.P. 237.1 YOU ARE IN DEFAULT BECAUSE YOU HAE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR. DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania Telephone Number: 717-249-3166 TO: Gloria D. Fryer 107 East Keller Street Mechanicsburg, PA 17055 John Kerr, Esquire John Kerr Law, P.C. 5010 Ritter Road, Suite 109 Mechanicsburg, PA 17050 AVISO IMPORTANTE Pursuant to Pa R.C.P. 237.1 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTAR COMPARECENCIA ESCRITA POR SI MISMO 0 A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE, SI SUSTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA, ESTA OFICINA PUEDE PROVEERLE INFORMATION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SEVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Date: /O -d 3- CUMBERLAND COUNTY LAWYER REFERAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, .Pennsylvania Telephone Number: 717-249-3166 By: rte-" David C. Dagle,_Esquire Attorney,I>D'# 201707 Law,Offices of Peter J. Russo, P.C. 5066 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 473-7052 (Counsel for Plaintiff) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL DIVISION FLUEVOG RENOVATIONS, LLC, 6 Wagner Drive Mechanicsburg, PA 17050 Plaintiff No. 14-5176 vs. CIVIL ACTION — LAW GLORIA D. FRYER, 107 East Keller Street Mechanicsburg, Pa 17055 Defendant Jury Trial Demanded CERTIFICATE OF SERVICE 1, Derek M. Strouphauer, Paralegal, do hereby certify that I am this day serving a copy of the foregoing Plaintiffs Ten Day Notice of Intent to take Default upon the Defendant in the following manner. Certified Mail, Return Receipt Requested & Regular First Class United States Mail, Postage Prepaid Date: Ms. Gloria D. Fryer 107 East Keller Street Mechanicsburg, PA 17055 John Kerr, Esquire John Kerr Law, P.C. 5010 Ritter Road, Suite 109 Mechanicsburg, PA 17050 LAW OFFICES OF PETER J. RUSSO, P.C. e'k ► ouphauer, °araleg (..,,,,per 500. 1 i . e Road, Suite 203 Mechanicsburg, °A 17050 717-591-1755 Lew Office of ohn M.e 2 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 Prow 717.766.4008 FAX: 717.766.4066 John M. Kerr, Esquire PA ID No.: 26414 John Kerr Law, PC 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 iohn@johnkerrlawpc.com Attorney for Defendant FILED -OFFICE THE PROTHONOTARY 2 11! NOV -3 P 1 1: 32 CUMBERLANO COUNTY PENNSYLVANIA FLUEVOG RENOVATIONS, LLC, : IN THE. COURT OF COMMON Plaintiff, : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA v. : No.: 14-5176 GLORIA D. FRYER, : CIVIL ACTION — LAW Defendant . NOTICE TO PLEAD To: Fluevog Renovations, LLC c/o David C. Dagle, Esquire Law Offices of Peter J.Russo, PC 5006 E. Trindle Road Suite 203 Mechanicsburg, PA 17050 You are hereby notified to plead to the within New Matter and Counterclaim within twenty (20) days of service or suffer a default. Respectfully submitted, November 3, 2014 John Kerr Law, PC r 0 Join M. Kerr, Esquire P ' ID No.: 26414 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 Telephone: (717) 766-4008 Facsimile: (717) 766-4066 john@johnkerrlawpc.com Attorney for Defendant W. 44i- Lew Office ofi ohn M. r rr 501 o Ritter Road Suite 109 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAX: 717.766.4066 John M. Kerr, Esquire PA ID No.: 26414 John Kerr Law, PC 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 john@johnkerrlawpc.com Attorney for Defendant FLUEVOG RENOVATIONS, LLC, : IN THE COURT OF COMMON Plaintiff, : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA v. : No.: 14-5176 GLORIA D. FRYER, : CIVIL ACTION — LAW Defendant : DEFENDAN'TS ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER NOW COMES Defendant, Gloria D. Fryer, by and through her attorney John M. Kerr, Esquire and John Kerr Law, PC and files this Answer to Plaintiff's Complaint, respectfully representing as follows: PARTIES 1. Admitted. 2. Admitted. 3. Admitted. AGREEMENT 4. Admitted in part and DENIED in part. The Defendant entered into said agreement and through Russell Fluevog (hereinafter "Fluevog"). It is Lew Office ofi ohn M. r rr solo Ritter Road Suite 109 Mechanicsburg. PA 17055 PHONE: 717.766.4008 Fax: 717.766.4066 only valid to the extent that Fluevog possessed authority to act on behalf of the LLC. 5. Denied. The agreement was not reduced to writing. It was a month-to- month tenancy given the fact that if was listed with a realtor for sale at that time. No security deposit was required by Plaintiff. It was to meet the covenant of habitability. 6. Denied. The verbal agreement entered into between the parties on December 3, 2013 was for monthly rental at the rate of Seven Hundred Dollars ($700.00) per month. By way of further answer, Plaintiff stated he did not want Defendant to change utilities into her name. Additionally, Plaintiff did not provide Defendant with names of any utility providers, i.e. United Water versus Pennsylvania American Water; PPL versus MetEd. 7. Denied. Plaintiff was scheduled to leave town on or about December 23, 2013 on a six week bicycle adventure in Central America and did not provide Defendant with an address to remit rent or any other specific information with regard to utilities. By way of further answer, Plaintiff provided a name and telephone number to Defendant for any problems that arose during his absence with the property, i.e. electrical or heating. Indeed, Plaintiff advised Defendant he would prefer to be paid rent in cash. 8. Denied. The allegation contained at Paragraph 8 of the Complaint is a mere assertion; was not reduced to writing and was not included in any verbal conversation with Defendant. Law O1& 01 ohn M. err 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAX: 717.766.4066 9. Admitted. By way of further answer, personal property was moved into the premises on December 21, 2013, however said property did not meet the standards of habitability, i.e. broom swept clean, and the agreed upon painting of the walls in the living room was inadequate, and incomplete as the walls were splattered with paint, as though a child had thrown paint on the wall and then finger-painted for fun. 10. Admitted in part and denied in part. It is denied that the notice was accurate, as there was no security deposit agreed to in the verbal agreement. 11. Admitted. COUNT I — BREACH OF CONTRACT 12. Defendant's Answers to Paragraphs 1 through 11 are incorporated herein by reference, as if set forth in their entirety. 13. Admitted. By way of further answer, it is denied that Defendant was required to make a payment given the conditions of the property. 14 — 22. Defendant incorporates her answer to paragraph 13 of the Complaint. 23. Denied. By way of further answer it is unknown who specifically made payment for oil delivery, as oil invoice is in the name of one "Harlow Fluevog." It is unknown if Harlow Fluevog had any interest in Plaintiff LLC. Additionally, invoices presented to Defendant in March, 2014, for oil were labeled as "Mock Up" and all numbers on said invoice presented to Defendant were altered. The first time Plaintiff requested payment of any nature from Plaintiff was on February 25, 2014 in the 2Lew Office ofe ohn M. rr 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAX: 717.766.4066 form of a 6 x 7 piece of paper bearing a logo of Print Works On Demand Inc. requesting payment in the amount of $5,137.57, and failed and refused to provide Defendant or her Attorney with specific bills for heating oil delivery or any other utility. At that time, Plaintiff requested payment for heating oil in the amount of $2,223.41. It is unclear how much oil Plaintiff actually had delivered and remitted payment for, since alterations were made to the statements issued to Harlow Fluevog. A true and correct copy of said demand is attached hereto, made a part hereof, and marked as Exhibit "A." 24. Denied. Defendant lack sufficient information to form a belief as to the accuracy of the allegation contained at Paragraph 24 of the Complaint and, accordingly, denies the same. Strict proof is demanded at time of trial. 25. Admitted. 26. Admitted. 27.Admitted in part and denied in part. It is admitted Plaintiff made payment for water to the premises, it is denied that Plaintiff made demand for any amount for a water bill aside from the note presented on February 25, 2014 in the amount of $23.94. By way of further answer Plaintiff failed and refused to provide Defendant for any actual bill for said water service. Defendant had no knowledge as to who water provider was in February, 2014, and failed and refused to provide Defendant or her Attorney with specific bills for water consumption or any other utility. (Exhibit "A") 2ohnM. err LwOffice ol 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAx 717.766.4066 28. Admitted. 29. Admitted. By way of further Answer, Plaintiff failed and refused to provide utility bills to Defendant in a timely manner. The first time Plaintiff requested payment of any nature from Plaintiff was on February 25, 2014 in the form of a 6 x 7 piece of paper bearing a logo of Print Works On Demand Inc. requesting payment in the amount of $5,137.57, and failed and refused to provide Defendant or her Attorney with specific bills for water consumption or any other utility. (Exhibit 30. Admitted. 31. Admitted. By way of further Answer, Plaintiff failed and refused to provide utility bills to Defendant in a timely manner. The first time Plaintiff requested payment of any nature from Plaintiff was on February 25, 2014 in the form of a 6 x 7 piece of paper bearing a logo of Print Works On Demand Inc. requesting payment in the amount of $5,137.57, and failed and refused to provide Defendant or her Attorney with specific bills for electric consumption or any other utility. (Exhibit 32.Admitted. 33.Admitted. By way of further Answer, Plaintiff failed and refused to provide utility bills to Defendant in a timely manner. The first time Plaintiff requested payment of any nature from Plaintiff was on February 25, 2014 in the form of a 6 x 7 piece of paper bearing a logo of Print Works On Demand Inc. requesting payment in the amount of 2Law Off of o M. err 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAX: 717.766.4066 $5,137.57, and failed and refused to provide Defendant or her Attorney with specific bills for sewer and trash consumption or any other utility. (Exhibit "A") 34. Admitted. 35. Admitted. WHEREFORE, it is requested that judgment be entered into favor of Defendant, and against Plaintiff, as to Count I of the Complaint. COUNT II - UNJUST ENRICHMENT 36. Defendant's Answer to Paragraphs 1 through 35 of the Complaint are incorporated herein by reference as if set forth in their entirety. 37. Denied. Defendant is appealing this matter, deposited sufficient monies with the Prothonotary, representing three months rent. 38. Denied. By way of further answer Plaintiff and Defendant entered into a verbal agreement that rent would be paid to Plaintiff in the amount of Seven Hundred ($700.00) per month. Plaintiffs demand is inaccurate. 39. Admitted. 40. Admitted. 41. Admitted. 42. Admitted. 43. Admitted. WHEREFORE, it is requested that judgment be entered in favor of Defendant, and against Plaintiff, as to Count II of the Complaint. Law Office of /re M. err 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAX 717.766.4066 • COUNT III - EJECTMENT 44. Defendant's Answers to Paragraphs 1 through 43 are incorporated herein by reference as if set forth at length. 45. Admitted. 46. Admitted. 47. Admitted. 48. Denied. Defendant incorporated by reference, as if fully set forth in its entirety, her answer to Paragraph 34 of the Complaint. 49. Denied. By way of further answer Plaintiff and Defendant entered into a verbal agreement that rent would be paid to Plaintiff in the amount of Seven Hundred ($700.00) per month. 50. Denied. The allegation contained at Paragraph 50 of the Complaint represents a conclusion of law, to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, it is requested that judgment be entered in favor of Defendant, and against Plaintiff, as to Count III of the Complaint. DEFENDANT'S NEW MATTER 51. Defendant's Answers to Paragraphs 1 through 50 of the Complaint are incorporated herein by reference as if set forth at length. 52. Defendant and Plaintiff entered into a verbal agreement on December 3, 2013 for monthly rental of the premises situate at 107 East Keller Street, Mechanicsburg Borough, Mechanicsburg, Pennsylvania, at the rate of Seven Hundred Dollars ($700.00) per month. ?Law Office ofX, hn M o err 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 PRONE: 717.766.4008 FAX 717.766.4066 53.On December 3, 2013 Plaintiff further agreed premises would be completely habitable on December 21, 2013. 54.On December 21, 2013 when Defendant entered into the premises to move in, said rental property did not meet the implied covenant of habitability, as follows: a. The entire property was filthy; b. The cabinets in the kitchen were greasy and filthy on the inside and outside; c. The cabinets in the kitchen were filled with rodent droppings; d. The kitchen sink contained three (3) glass mason jars filled with alcohol; e. Cigarette butts were everywhere, i.e. windowsills, in empty beer and soda cans; and in the area of the faucet for the kitchen sink; f. The refrigerator was filthy and not working properly, causing Defendant to lose approximately Three Hundred ($300.00) worth of food; Defendant was required to replace the refrigerator at her own expense; g. The oven was filthy from food droppings; the stove top and vent cover were mired in grease and filth; h. The countertops were greasy and dirty also with rodent droppings; i. The commode, vanity sink, and bathtub were gunked-up with paint droppings, cigarette butts, and cigarette burns; j. There were two holes in the walls in the upstairs hallway, one measuring in size of 35 inches long and 25 inches wide, exposing 2Lew orrice of ohn M.ierr .5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 PHONE: 71 7.766.4008 FAX: 717.766.4066 studs and pipes; the other measuring 34 inches wide and 7 inches long; Defendant was required to hire a handy -man to place a temporary fix of replacement walls in these two spaces to prevent unwarranted rodents to come into the upstairs of the house; k. There is baseboard missing along the entire length of the upstairs hallway; 1. There is a small room on the second floor, utilized by Defendant as a walk-in closet that has exposed bare wires and no electricity to the room; m. The floors in the upstairs hallway and bedrooms were not carpeted or finished appropriately, requiring Defendant to provide carpeting for bedroom and hallway to avoid splinters; n. The attic is not considered usable space as it has exposed bare wires that are a safety hazard; o. Plaintiff agreed to paint the walls in the living room; the walls were splattered with paint, as though a child had thrown paint on the walls and then finger-painted for fun; Defendant was required to hire a painter to paint the living room walls appropriately; p. There were no smoke alarms in the premises; Defendant has installed smoke alarms at her own expense; and q. Plaintiff also left in the basement of the premises numerous empty paint cans, urine infested carpeting, empty beer cans and other items creating a health hazard to and fire hazard to Defendant. Lew Office of ohn M. err 5,010 Ritter Road Suite l09 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAX: 717.766.4066 55. Plaintiff promised to provide Defendant with a washer and dryer; Plaintiff did not provide washer and dryer on December 21, 2013, as promised, therefore, Defendant was required to purchase her own washer and dryer. 56. Defendant believes and therefore avers, prior to Order issued by The Honorable Mark Martin, District Justice, that Plaintiff had entered the premises without her knowledge and permission, thereby violating her right to quiet enjoyment of the premises, as follows: a. Leaving entry doors to the premises wide open; b. Items of value belonging to Defendant's deceased Father went missing, and the only individual in the property in the twenty-four hour period following December 21, 2013, was Plaintiff, having admitted to Defendant he crawled in through a window in the early hours of December 22, 2013 to obtain his tools; c. Defendant also has jewelry items missing; d. Defendant has encountered Plaintiff on the premises in a highly intoxicated state, and on one occasion Plaintiff was shoveling snow, when in fact Defendant had already removed the snow from the main sidewalk where pedestrians and other service providers would pass. 57. Plaintiff, without knowledge and consent of Defendant, had apparently established automatic delivery of heating oil after December 21, 2014. 58. Plaintiff failed and refused to provide Defendant with statements for services rendered by any utility company, and the statements provided to Defendant for oil by ShipleyEnergy were changed and marked as 10 yLaw Office °fi ohn M. en 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAX: 717.766.4066 "Mock up." Said ShipleyEnergy statements provided to Defendant are attached hereto and marked as Exhibit "B." 59. Defendant was of the impression that Plaintiff would provide the first oil tank filled with heat at the time Defendant moved into the premises and at the time Defendant moved out of the premises Defendant would be responsible for the heating oil level in the oil tank to be the same as to when she moved took possession. It is Defendants understanding that this is the practice and custom among landlords in central Pennsylvania after self -conducting a survey of same. 60. Defendant was not required to remit any rental payments for periods when the tenancy violated the implied covenant of habitability. 61. Defendant has suffered damages in the amount of $ 62. Russell Fluevog lacked capacity to act on behalf of Fluevog Renovations, LLC. 63. Harlow Fluevog lacked capacity to act on behalf of Fluevog Renovations, LLC. WHEREFORE, it is requested that judgment be entered in favor of Defendant and against Plaintiff. COUNTERCLAIM GLORIA FRYER v. FLUEVOG RENOVATIONS, LLC 64. Defendant incorporates by reference as if set forth in their entirety,her answers to Paragraphs 1 -50 of the Complaint, as well as the factual allegations contained at Paragraphs 52-63 of her New Matter. Law Office of err 2ohn M. 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 65.As more specifically described at Paragraphs 53 to 61 of New Matter above, Defendant and Counterclaim Plaintiff has been damaged at least the sum of $2,731.00, by Plaintiff/Counterclaim Defendant's failure to fulfill it covenants implied in law governing landlords, as follows: a. Defendant/Counterclaim Plaintiff was forced to purchase a refrigerator; b. Defendant/Counterclaim Plaintiff was forced to purchase a washed and dryer; c. Defendant/Counterclaim Plaintiff was forced to hire a painter/handyman to complete the painting in the living room and to repair the holes in the walls in the upstairs hallway; d. Defendant/Counterclaim Plaintiff was forced to replace numerous food items in the refrigerator provided by Plaintiff/Counterclaim Defendant as the result of it's not working appropriately; e. Plaintiff/Counterclaim Defendant contacted United Water, without any previous notice to Defendant/Counterclaim Plaintiff and requested the water service be terminated; Defendant/Counterclaim Plaintiff was forced to hire a plumber to determine the specific problem as to why the water pressure had suddenly been reduced to a trickle; f. Plaintiff/Counterclaim Defendant contacted PP1, the electric utility provider., without any previous notice to Defendant/Counterclaim Plaintiff and requested the electric service be terminated; Defendant/Counterclaim Plaintiff was forced to expend a substantial 12 amount for a security deposit as a direct result of Plaintiff/Counterclaim Defendant's actions. WHEREFORE, it is requested that judgment be entered in favor of Counterclaim Plaintiff and against Counterclaim Defendant in the amount of at least $2,731.00, and that this amount be construed as set-off against any damages claimed by Fluevog Renovations, LLC. November 3, 2014 Law Off of t• M. err 5010 Ritter Road Suite 109 Mechanicsburg, PA 1705s PHONE: 717.766.4008 FAX 7I 7.766.4066 Respectfully submitted, John Kerr Law, PC Joh M. Kerr, Esquire PA D No.: 26414 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 Telephone: (717) 766-4008 Facsimile: (717) 766-4066 john@johnkerrlawpc.com Attorney for Defendant at Print Works On Demand, Inc. Ater Aell Service • Dig: +11,11.411 Cyfir: • Print Connection fV is 3 8 7 61_ lLk 3, DeL,J / oo avok.,s k.d- / 7 7, 00 `4.-- Tel: (717) 545-5215 Fax: (717) 545-5126 5630 Allentown Blvd. Harrisburg, PA 17112 D\. 5 D- cJS 389- IC L 573 7, 5- ) - www.printworksod.corn Your Full Service. Digital Commercial Offiet. Print Connection Shi. ley n:erg HARLOW FLUEVOG 14 SUNSET DR MECHANICSBURG, PA. 17050 Customer Number: wane: Invoice Number: :94155 Invoice Date: Credit Card Payment AAP,/ /-! CARD ENDING IN XXXX2563 Amount: ' 4"/ Please Enter Your Email Address: Payment will be charged to your credit card on the date noted above. Delivered 107..-E-'KELLER ST MECHANI CSBURG ;°-`13A Total Gallons art Meter: Total Gallons Delivered on 1.:"1:. Price per g-1. 4.499 VOLUME DELV ADJ. 60 DEGREE.----- REGULATORY COMPLIANCE FEE For Your Information Only: Record of Previous Deliveries: Heating Season 6/01/13 through 5/31/14 Total Gallons Delivered Since 6/01/-13 Product: BIO HEAT Total Amount Due Shipley Energy Co. PO BOX 5006 YORK, PA 17405-5006 myshipley.com (800) 839-1849 717-848-4100 1511069.530000.052.01.12, 0.0 337.3 Trk 252 Drvr 1193 7 .3 .$4 6—,1a VERIFICATION The undersigned, Gloria D. Fryer hereby states that she is the Defendant/Counterclaim Plaintiff in the foregoing Answer to Complaint, New Matter and Counterclaim, and, accordingly, is authorized to execute this Verification, and that any factual statements contained in the foregoing Answer to Complaint, New Matter and Counterclaim are true and correct to the best of her knowledge, information or belief. She understands that false statements are subject to the penalties prescribed at 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I, John M. Kerr, Esquire, hereby certify that I have served a copy of the forgoing Answer to Plaintiffs Complaint, New Matter and Counterclaim, by US First Class Mail, postage pre -paid, as follows: David C. Dagle, Esquire Law Offices of Peter J. Russo, PC 5006 E. Trindle Road Suite 203 Mechanicsburg, PA 17050 November 3, 2014 0 David C. Dagle, Esquire PA Attorney ID# 201707 Law Offices of Peter J. Russo, PC 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 ddaale q,pjrlaw.com (Counsel for Plaintiff) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL DIVISION FLUEVOG RENOVATIONS, LLC, Plaintiff vs. GLORIA D. FRYER, Defendant No. 14-5176 CIVIL ACTION — LAW Jury Trial Demanded PRELIMINARY OBJECTIONS OF PLAINTIFF/COUNTERCLAIM DEFENDANT TO DEFENDANT/COUNTERCLAIM PLAINTIFF'S COUNTERCLAIM AND NOW, comes the Plaintiff/Counterclaim Defendant, by and through their attorneys, the Law Offices of Peter J. Russo, P.C., who files the following Preliminary Objections to the Defendant/Counterclaim Plaintiff's Counterclaim in this case: INSUFFICIENT SPECIFICITY OF A PLEADING 1. Rule 1028(a)(3) of the Pennsylvania Rules of Civil Procedure provides that a preliminary objection may be filed by any party to any pleading based on lack of specificity. 2. In order for a complaint/counterclaim to comply with Pa.R.Civ.P. 1028(a)(3) the court must determine: "whether the complaint is sufficiently clear to enable the defendant to prepare his defense or whether the plaintiff's complaint informs the defendant with accuracy and completeness of the specific basis on which recovery is sought so that he may know without question upon what grounds to make his defense." Ammlung v. City of Chester, 302 A.2d 497, 498 (1973). 3. Defendant/Counterclaim Plaintiff has not specified a cause of action upon which she is seeking recovery. 4. In Defendant's responsive pleading, under the heading of New Matter, Defendant/Counterclaim Plaintiff references various causes of action, including the implied warranty of habitability, covenant of quiet enjoyment and breach of contract. (Defendant's Answer to Plaintiffs Complaint with New Matter ¶s 54, 55 and 56) 5. Defendant/Counterclaim Plaintiff s New Matter has a heading of Counterclaim, but it does not state the cause of action upon which relief is sought. 6. Based on the lack of specificity in Defendant's responsive pleading, Plaintiff/Counterclaim Defendant is unable to properly state grounds upon which possible defenses may rest. WHEREFORE, Plaintiff/Counterclaim Defendant, Fluevog Renovations, LLC, respectfully requests that this Honorable Court grant the Plaintiff/Counterclaim Defendant's Preliminary Objections and dismiss the Defendant/Counterclaim Plaintiffs Counterclaim in this case. LEGAL INSUFFICIENCY OF A PLEADING 7. Rule 1028(a)(4) of the Pennsylvania Rules of Civil Procedure provides that a preliminary objection may be filed by any party to any pleading based on legal insufficiency of a pleading (demurrer). 8. In her Counterclaim, Defendant/Counterclaim Plaintiff avers that she was not required to remit any rental payments for periods when the tenancy violated the "implied covenant of habitability." (Defendant's Answer to Plaintiff's Complaint with New Matter, ¶ 60) 9. Defendant/Counterclaim Plaintiff appears to seek a claim for damages based on the doctrine of implied warranty of habitability. 10. Defendant/Counterclaim Plaintiff had not paid rent to Plaintiff/Counterclaim Defendant for the months she has occupied the property. (Only amounts paid by the Defendant/Counterclaim Plaintiff were paid to the Court to stay eviction pending appeal of grant of possession by the Magisterial District Court). 11. Counterclaim is not available where the tenant has not paid his/her rent for the periods in which repairs are made, and the cost of the repairs do not exceed the rent owed for that period. Pugh v. Holmes, 486 Pa. 272, 294 (1979). 12. Defendant/Counterclaim Plaintiff does not aver that she provided notice of the defects providing Plaintiff/Counterclaim Defendant an opportunity to make repairs. 13. In order to sustain a claim for breach of implied warranty of habitability, notice of defects must be made to the landlord providing them with an opportunity to make repairs. Pugh v. Holmes, 384 A.2d at 1241. WHEREFORE, Plaintiff/Counterclaim Defendant, Fluevog Renovations, LLC, requests that this Honorable Court grant the Plaintiff/Counterclaim Defendant's Preliminary Objections and dismiss the Defendant/Counterclaim Plaintiff's Counterclaim in this case. INCLUSION OF SCANDALOUS OR IMPERTINENT MATTER 14. Rule 1028(a)(3) of the Pennsylvania Rules of Civil Procedure provides that a preliminary objection may be filed by any party to any pleading based on the inclusion of scandalous or impertinent matters. 15. To be considered a scandalous and impertinent matter, the allegation must be immaterial and inappropriate to the proof required to support the cause of action. Diess v. Pennsylvania Dept. of Transportation, 935 A.2d 895, 909 (Pa Cmwlth. 2007). 16. Paragraph 54 of the Defendant/Counterclaim Plaintiff's New Matter contains averments that are immaterial to any cause of action. 17. Paragraph 54 asserts that the rental property did not meet the "implied covenant of habitability." 18. The subsections of paragraph 54 describe the physical appearance of the property and cleanliness of the property on December 21, 2013. 19. The implied warranty of habitability covers defects in the property: "of a nature and kind which prevent the use of the dwelling for its intended purpose...there is no obligation on the part of the landlord to supply a perfect or aesthetically pleasing dwelling." Pugh v. Holmes, 384 A.2d at 1240. 20. The allegations and averments contained in paragraph 54 do not address defects in the property that prevents it from being used for habitation. 21. Paragraph 56 of the Defendant/Counterclaim Plaintiff's New Matter contains several immaterial and inappropriate allegations including: a. Leaving entry doors to the premises wide open; b. Items of value belonging to Defendant's deceased Father went missing, and the only individual in the property in the twenty-four hour period following December 21, 2013, was Plaintiff, having admitted to Defendant he crawled in through a window in the early hours of December 22, 2013, to obtain his tools; c. Defendant also has jewelry items missing; d. Defendant has encountered Plaintiff on the premises in a highly intoxicated state, and on one occasion Plaintiff was shoveling snow, when in fact Defendant had already removed the snow from the main sidewalk where pedestrians and other service providers would pass. 22. The above statements are immaterial and inappropriate to the current cause of action. 23. Several of the statements infer Plaintiff has engaged in criminal activity, yet no record of any criminal investigation or police contact has been provided. 24. These statements are immaterial to the claim by the Plaintiff for unpaid rent and request for grant of possession of the property. 25. Averments are immaterial to any identifiable counterclaim being alleged by the Defendant/Counterclaim Plaintiff. WHEREFORE, Plaintiff/Counterclaim Defendant, Fluevog Renovations, LLC, respectfully requests that this Honorable Court grant the Plaintiff/Counterclaim Defendant's Preliminary Objection and strike paragraphs 54 and 56 of Defendant/Counterclaim Plaintiff's New Matter. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. By: David At agle, Esquire ney I.D. No. 201707 006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone (717) 591-1755 Attorneys for the Plaintiff/Counterclaim Defendant Date: // /9 - David C. Dagle, Esquire PA Attorney ID# 201707 Law Offices of Peter J. Russo, PC 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 ddagle(4irlaw.com (Counsel for Plaintiff) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL DIVISION FLUEVOG RENOVATIONS, LLC, Plaintiff vs. GLORIA D. FRYER, Defendant No. 14-5176 CIVIL ACTION — LAW Jury Trial Demanded CERTIFICATE OF SERVICE I, Derek M. Strouphauer, Paralegal, hereby certify that a copy of the foregoing Preliminary Objections of Plaintiff, Fluevog Renovations, LLC, to Defendant's Answer to Plaintiff's Complaint with New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid. Date: John M. Kerr, Esquire Law Offices of John M. Kerr 5010 Ritter Road, Suite 109 Mechanicsburg, PA 17055 Attorney for Defendant/Counterclaim Plaintiff LAW OFFICES OF PETER J. RUSSO, P.C. BY: David C. Dagle, Esquire PA Supreme Court ID: 201707 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorneys for Plaintiff FLUEVOG RENOVATIONS, LLC. , : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 14-5176 GLORIA D. FRYER, : CIVIL ACTION — LAW Defendant APPLICATION FOR RELEASE OF FUNDS PAID INTO ESCROW TO THE PROTHONOTARY: Pursuant to Pa.R.C.P.M.D.J. 1008, Fluevog Renovations, LLC. hereby applies for the release of funds paid into the Court's escrow by Defendant, Gloria D. Fryer, for the period beginning September 4, 2014, and continuing as the Defendant remains in actual possession of the Premises at issue. Plaintiff, Fluevog Renovations, LLC., was granted possession of the property located at 107 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania following a hearing before Magisterial District Judge Mark Martin. The amount of rent established by Magisterial District Judge Martin was Eight Hundred Seventy -Five 00/100 ($875.00) Dollars. Following the entry of the judgment, Defendant, Gloria D. Fryer, filed an appeal and request for supersedeas on September 4, 2014. Fluevog Renovations hereby requests release of the Escrowed Funds to the undersigned counsel pursuant to Pa. R.C.P. M.D.J. 1008(5). Respectfully submitted, THE LAW OFFICES OF PETER J. RUSSO, P.C. Date: December 10, 2014 By: David C. Dagllee E lire 5006 E. Tjin-dle Rd, Suite 203 Mechanicsburg, PA 17050 Phone: (717) 591-1755 %Fax: (717) 591-1756 Counsel for Plaintiff ( LAW OFFICES OF PETER J. RUSSO, P.C. BY: David C. Dagle, Esquire PA Supreme Court ID: 201707 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorneys for Plaintiff FLUEVOG RENOVATIONS, LLC. , : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 14-5176 GLORIA D. FRYER, : CIVIL ACTION — LAW Defendant CERTIFICATE OF SERVICE I, Derek M. Strouphauer, Paralegal, hereby certify that on the date indicated below, I served a true and correct copy of the foregoing Application for Release of Funds Paid Into Court Escrow via U.S. First Class mail, postage prepaid, addressed as follows John Kerr, Esquire John Kerr Law, P.C. 5010 Ritter Road, Suite 109 Mechanicsburg, PA 17055 Date: December 10 2014 By: Respectfully submitted, OFFICES OF PETER J. RUSSO, P.C. D.er-- , `i upha -a rindle Road, Suite 203 urg, PA 17050 Phone: (717) -1755 Fax: (717) 591-1756 'I,Lr; Ef-. F OF THE 2`'''4':7 214 M CUMBERLAND C PENNSYLVA;: FLUEVOG RENOVATIONS, LLC, Plaintiff v. GLORIA D. FRYER, Defendant \0,11 O C 214 2,1'9 16 MBERL COUNTY PENHSY _VANNIA tont? st €umberlrntb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 14-5176 CIVIL TERM IN RE: PLAINTIFF'S APPLICATION FOR RELEASE OF SUPERSEDEAS FUNDS ORDER OF COURT AND NOW, this 22"d day of December 2014, upon consideration of Plaintiff's Application for Release of Supersedeas Funds, a RULE is issued upon Defendant to show cause as to why the requested relief should not be granted. PLAINTIFF shall effectuate service of this Order of Court upon Defendant and shall file proof of service. Defendant SHALL include a proposed Order with any response. The Prothonotary is DIRECTED to deliver the file upon the filing of any response to this Order with the Court. RULE RETURNABLE twenty (20) days from the date of service. Distribution: ✓ Jason P. Kutulakis, Esq. / Linda A. Clotfelter, Esq. Thoma /A► Placey C.P.J.