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HomeMy WebLinkAbout05-3699MARK R. SGRIGNOLI PLAINTIFF Vs. HAL FINEBURG DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: OS - J3.97 (2,U"C`-T? 11 CIVIL ACTION - LAW NOTICE TO DEFEND AND CLAIM RIGHTS THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATTEMPTUNG TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing 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 claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 MARK R. SGRIGNOLI IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO.: HAL FINEBURG DEFENDANT CIVIL ACTION - LAW NOTICIA Le ban demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra suya. Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 or 1-800-990-9108 MARK. R. SGRIGNOLI PLAINTIFF Vs. HAL FINEBURG DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: OS -&?97 l.?t VL??? CIVIL ACTION-LAW COMPLAINT AND NOW, comes Mark R. Sgrignoli, the Plaintiff in the above captioned matter, by and through his attorney Karl M. Ledebohm, Esquire, and makes the following complaint: 1. Plaintiff, Mark R. Sgrignoli ('Plaintiff), is an adult individual having an address of 19 Sherwood Circle, Enola, PA 17025. 2. Hai Fineburg ("Defendant'), is an adult individual having a last known address of 2103 East Coventry Lane, Enola, PA 17025. 3. On or about October 8, 1998, Defendant executed and delivered to Plaintiff that certain apartment lease ("Lease") by which Plaintiff let to Defendant all that certain real estate situate in East Pennsboro Township, Cumberland County, Pennsylvania known and numbered as 110 LeeAnn Court, Enola, PA 17025. A copy of the Lease is attached hereto as Exhibit "A" and made part hereof, 4. Under the terms and conditions of the Lease, Defendant agreed, among other things, not to, "...deface the walls, floors ceilings or other parts [of the Property];..." or to permit any such thing to be done. 5. Defendant further agreed under the terms of the Lease to, "...surrender the [property] at the end of the term in as good condition as when received, reasonable wear and tear and damage by fire excepted." 6. Defendant also agreed under the terms of the Lease to, "...use carefully,.., all plumbing, electric and other fixtures..." and to "... pay for all repairs thereto not caused by ordinary wear and tear or fire." Defendant is in violation of the terms and conditions of the Lease in that Defendant vacated the Property in a damaged and substantially deteriorated condition and not, "in as good condition as when received" in violation of the terms and conditions of the lease. 8. Specifically, Defendant caused or permitted to be caused the items of damage to the Property more particularly set forth on Exhibit "B" attached hereto and incorporated herein by reference, which damages do not constitute "reasonable wear and tear" under the terms and conditions of the Lease. 9. As a result of Defendant's violation of the terms and conditions of the Lease, Plaintiff has suffered damages in the amount of $4,670.00 as itemized on Exhibit "B" to which Plaintiff applied the security deposit under the Lease in the amount of $750.00 resulting in net damages suffered by Plaintiff in the amount of $3,920.00. 10. By letter dated May 24, 2005, addressed to Defendant and mailed via U.S. regular and certified mail, Plaintiff exercised his rights under the Lease and demanded the payment of all amounts due under the Lease. A copy of Plaintiff's Demand is attached hereto as Exhibit "C" and made part hereof. 11. As of the date hereof, Defendant is indebted to Plaintiff in the amount of THREE THOUSAND NINE HUNDRED TWENTY AND 00/100 ($3,920.00) as itemized on Exhibit "B" attached hereto and made part hereof. 10. As set forth above, Plaintiff has made demand upon Defendant to make payment of all amounts due to Plaintiff under the Lease and, as of the date hereof, Defendant has failed and refused to make payment of all such amounts due to Plaintiff. WHEREFORE, Plaintiff, Mark R. Sgrignoli, demands judgment against Hal Fineburg in the amount of THREE THOUSAND NINE HUNDRED TWENTY AND 00/100 ($3,920.00) together with costs of suit and interest at the legal rate from the date of judgment. Respectfully submitted, New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff P.O. Box 173 MARK SGRIGNOLI APARTMENT LEASE THIS AGREEMENT, Made this 8th _ day or QO t06Q2 19 98 nnwecn Mark R. Sgri gnol 1 s hereinafter designated as Landlord and inferred to in the singular neuter gander and Nat and 6Kenda F W1eb U•tQ , hereinafter designated as Tenant, and referred to in the singutur neuter gender WrrNESSETH. Thai the Landlord does hereby lease unto the Tenant and the Tenant does hereby lease from the Landlord the apattmenl known as 110 L nn Count FnoPn PA 170 S V Building Including the stove, exhauet fan, air conditioning and dishwasher for the term of year(s) in commence on the day nl Nov¢mbe c i d.t , )9 98 and to end on the 31 dot day of Oatoban 19 99 as use real of Nixe -thomand dollars IS 9000.00 ) per annum, payable on or before the fin( day of each month for said term, in equal monthly innallments of Seven kundned 4iXtu dollars (S 75-). This letting is on the following ttit a, conditions and covenants. which the parties hereto mspecuvely, for themselves, their respective successors. and kgal representatives, hereby agree to keep and perform, 1. The leased premises, hereinafter usually called the' pemisbs." shall be used only u, and for the purposes of, a private dwelling, excluding from any pan thereof any use in connection with the practice of any pm(ession, business, trade or craft Neither the entire premises nor any part thereof shall be sulfur. nor shall this lase be assigned or adverliced without the written consent of Latdlord find endorsed hereon. The promises Shall not be occupied by any rearm other than thou named in Tenant's "Application for Rental' filed with landlord. 2. The Tenant shall quit and s imodcr the premises at Ott end of the lerto in as god condit ion as when mceived. reasonable wear and rear and dancigc by fire excepted. The. Tenant shall pay so the Landlord the coat of repairing any injury done m the said premises by hirnself, his family, guests, servant, ur employees. ). The Tbmnt shelf not, without written permission of landlord first obtained, make Any alteration, addition or change in or to the pnnli.<e..s nr the painting or papering thereof, not in any way deface the wall. floon. ceiling or other parts thereoft amt will Tenant permit any such thing n, be One a. The Tenant shall not do or keep. or suffer to be done or kept, anything in or on the premises which shall affect the insiuance against flit m nth.r hazards, or the ale thereof, on the building containing the premises or the comenls of said building. or which shaft violate any law. onfinancc or gm erno)ent regulation or the rights of other tenants of the mid building. S. No dog or other pet or animal of any kind shall be allowed in the pormivei. nor shall any thereof be retained after raOlice by Landlord in Tenant to dispose of Il. 6. Children will not be permitted to play in she halts. upon the stairways, in cellars, in laundry mums. or cellar attaways 7. Noise or conduct in the premises which disturbs or annoys other tenants shall not be permitted at any lime. No musical or sound tepnducmg instsatir"Is whose srsunds may be heard beyond the confines Of the pmnoi- s shag be played in the prcmisex, nor shall there be any singing therein, netsvecn the hours often o'clock p.m. and eight O'clock a.m. & The Tenom shall use carefully, and for his legitimate purposes only, all plumbing, tworic anal wtxt 6xnne and ,hnli pay ror all np.io not caused by ordinary wear and tar. or file. 9. This lease confers no tights in the Tenant to the eitwoor surfacce of the wells of the premiscv or of the roof or the huilding coniainmF the pKiniscs. of to the use for any purpose of any property of Landlord outside the said prefniMs eater, he walks and roadways rh'ing excess thereto and such othel areas at, Landlord may from tithe to time designate for the use of the tenants. Tenant -hall not place signs or any advertising matter or device in the wi,dowe or clsewhcre in or upon the said building or premises, nor place any awning, screen, shade or blind in or a, any window without Wraflurd's wriircn conwil fiat obtained. 10. The leased promises shall be kept by the Tenant in a neat, good and mniwry condition Clothing, rugs and udwr WWI" %hall no, be pto,O m any window of the apartment and shall not be shaken, hung Or cleaned anywlelu outside the apartment hereby leased except in such places, if any, as shall be designated by Landlord for the purpose. Nothing shall be placed mistdc or upon ant window sill or thrown or dropped from any window or halcuny Tenan, most keep all refuse in containers with tight sitting coven in the interior or the house and place said refuse in areas designated by Landintd for coileeuon I I. The Tenant agrees and convening to pay said rant at the office of Landlord or such <)ther address as Landlord may from little to time irccify. promptly as It accrues, and to abide by and perform all covenants on his part to be performed, and it is further agreed that 11r said rem or any part thereof shat be In semen at any time, the Landlord may diftrain thenftr. and if amid meht, in whole or in part. shall he in arrears and unpaid for the period of three days. m if the Tenant shall fail to comply with any of the cunditions of thls lease, then the Landlord may. at its option, re-enter upon the rromiscs hereby moicd. . 11-1- t_._ ... _...__...,r I-, .", <,,.•n m_emrv 46.11' Comdtute A ,crmination of this lease, and of the tenancy. No such rc,cntry. however. nor EXHIBIT "A" recovering poawssion of the premises, shall deprive the Landlord of any Other action sgamst the 'lenunt for possession. for rcpt, Or for damapts 12. If mw andfOr any charges. Payments, e,pcmics, or costs herein reserved, included, or agreed to he paid by Tenant shag remain unpaid on am J, when the some ought to be paid, and if Lendlord shall elect to waive such default, lendlord. at fit nplion may make a wmicc charge in the ununim of Sifl.on for the purpose of defraying the expenses incident to handling a debnyucm paynxnt. Such charge shall be irrrpos, d for each month or part thereof during which said row and/or charges, payments, expenses Or calk remain dellrrgt¢nt. I'll, Unant agrees to pay all bills for electricity, telephone, water and TV Cable used in the said apartment during the terms of Ibis tenancy: and in file event the tenant fails to make such payments, then the amount thereof may, in the discretion of the Landtord. be added to and deemed part of the mm due and the landlord shalt have the some remedies for the collection of such charges es it had for rent Id. If the prtmisa shall be lnjumd by fix or the eYemcrts. They shall be repaired wish all reatonable diligence by the Landlord, and the rem Aw!l continuer but if the promises shat from such cause be modered unfenantable, then I lease shall terminate, and the Tenant, upon payment of any hack ten! and a pro rata part of the running rent to the day the premises arc wnend<red, s t not be fiahle for any further root. Tenant's Initials Teffant'a initials FROM :MARK SGRIGMOL i CONSTRUCTIOtl FAX NO. :71732'1927 May. 39 200' 07:17AII Fi 15. The lanancy created under this lease shall continue from year to year after its expiration. on the same tame and conditions as herein cxpmssed, unless either the Landlord Or the Tenant gives written notice to the contrary at locast 160 t i days prior to the expiration of the originsi term or any ren,Aal thereof. Provided. however, thut if the Landlord shall give 160 I daybaxice in wining previous to the capitation of wid original term, or any rcncwul thereof, of its intent to change the terms and cundiduna of Ibis locust, and the Tenant shalt hold over finer the expiration of hill cheat content lease tern, his tenancy under this 4ase shalt thereupon IV madiftesl to the extent and in the purtieulars set forth in the said notice. le. Landlord shall twee the right to enter the apartulpn at any rime, by force, if necessary. to inspect the same, to she. the apartment for rental, to nuke repairs required dtcmin or elsewhere in Landlord's property, :toil to enforce any pmslilun of this !cast; anti Tenon( :hell not change file locks ht me d,xvs of Ric apanntenl or install additional (ricks, chains or other fustawn without Ladlord's written pcruussion. Laudlurd shall have the right to make soda reasonable rules and regulations as in he judgment ttuy from time to time be pezessaly of desirable for the mfoy of its property and the care and clcanfinesi thereof, for the comfort of tenants therein and for the preservation of good order, and Tenant agrees to comply, and to procure the compliance of his fumils employees and visitors, with such rules and regulations. 17. Any stom"m provided by the landlord to accummtsdsac the Tenant In the storage of household goods or other articles is furnished grstuAs usly by the landlord, and the Tenant's use thereof for any purpose shall be at his own rasa. And the Tentna expressly agrees that the Landlord shall not be liable fa, any loss, damage, fir injury to pmperty in any storeroom, and that Tenant will remove any at all of his property from such sturemoln promptly upn,: Landlord's request. Any such storaroont may be a building other than the one containing ibis premises. 18. Tps failure of Landlord to insist in any one or more instances open a strict performance of any covenant of this lease of to oaemisa tiny, right herein contained shall net be construed as a waiver for the future of such covenant or fight, but the same shall continue in full too and etPect unless the cuntrsry is expressed in writing by landlord. 19, Tenant further agrees that Landlord shall inn be liable for injury or damage to person or property Occurring in, upon or oboul the premises or building amtuinirg the soma, regardless of the Met in which such injury or damage may recur or the cause tmn: which the same may result. 20. If the prenll.w,a shall not be ready for occupancy m file beginning of the term, Ibis lase shall nvverlhe{esx remain in effect, but the rent shall Im abated pnya,rimout0y, amit the prernhas are sn ready, and ifw Landlord shall not he liuhlc tot any doluy. 21. T rant hereby empowers any Ptuthonnsary or attorney of any court to appear for Tenant in any and all actions to be brought for any arrears of rely or rem herein located u if in arrears, or other charges reserved as rent which may at any time tall (Jue; and to sign for Tenant an agreement for entering in am cumssewnt court an amicable action or actions for the recovery of such amars of rent or corn herein treated us if in arrears, or other charge ear expense: am) further, in said suits or in said amicable action or actions any attorney is herchy authorized to confess pAgnent against Tenant for at! arrears of rem jr rem herein treated as if in arrears, or Other charges or expensc as aforesaid, which may At the time fall due or become due order mis lease, and for interest and costs, and so or, from time to time as often as any of said rent or othercharges or expenses, as uforesaid, shalt fd(1 due or be in arrears. or treated as if in alTears tanker dnc terms Itt mofl Ott of whieb pr%eedinga shall be without the eghl in Tcnam n, have an appeal, certiorari. writ of em,r, exception, mpiioo fir rate lea open judgment or to stay exaeW inn and with a release to Landlord and to mid attorney of any and all en-are in said prx:eod rill, The power and fail hen in granted may be exercised as well during any extension of Original term of this least as during original term itself. 22 The current "Rules and Regulations" are hereby made a part of this lease by reference, and any violation of said Rules and Regulations shall be coroidcred 1.0 Ds and shall be a breach of this lease. 23 Upon taking occupancy, of the leased promises, If Tenant's premises arc above another apartment, he must use rugs andlor carpeting %iih pad undertinth in bedroom, living room, dining area, and hall; and said Ihurr covering must cover at least eighty percent (805) of these specified areas. 24. In case the rcpt is I any lime unpaid when due, Or in the event Tern t gives Landlord notice of termmaunn in uct old A ith parapv.rh 28 loot fails b, totwanl 111L aJ,htiupal nunttb's 1,111 With said noliVe, lowl)t lis"by agrcGa look ihemupnm the while rent I'll the h;,l.11" it doe Lunn, at' elly plod Illewnl, it Ill, option of the Landford, shall immediately become due and payable as if by the terms of don teas, it were payable in advance, and landlord may innnddia'N> pr.,ceed to diUmin to collect said whole rcpt or any part thereof. or may ewer judgment therefur, in an amicable action a5 hemin above provided in the case of rent eat arrears, and any attorney, is authorized to confess judgment against Tenant in such suit or amicable action for the said whole rem or any part thereof. us presided in paragraph '2l above 25. Tenant agrees to pay any sales and/or rental taxes imposed by any governmental authority in conjunction with this lease 26. Nolwilhswodiug any outer provisions of iltis louse agreement Ili lox contrary, It is undemirxd and Agreed by and between the Landlord ana Tcnan; that the Landlord tesarvet the right at his sale discretion to adjust and make any modifcanon to thin lease agreement allowed under the pnwisinnx tit file Economic Stabilization Acs of 1911, as amended. 27. The Tenant shall not be permitted under any circumstances to place, move, install or use any farms of auailialy hemSng system 23. In the event it becomes necessary for the Tcnam to g,utpp,v,yyc tn leased prcnuxes poor to the expiration date of this lease or any cxtenbnn nr ¢ncwai herau, the payment of an additional nonlKs rem of S / 7(/ • 0 And the furleiatrc of the security de?ush as hereinafter dcfined in paragraph 29 hereof will conwimte a termination of this lean and of the tenancy thereunto however, Tenant must serld Landlord wnuen notice and dv additional month's rem at least 30 days prior to the intended lennination date. 29. Landlord hereby acknowledges receipt from Tenant of the sum of ?_ d QV Pty' ?f?nda ed tf/ _-- _ dollars ($ - 750.00 1, dcps lewd by Tenant ;o sccun5 fu: the faithfal performance of the covenants and agreements made by Tenant in ibis leux: but Tenant Shull have nn tight to require Landlord to indemnity iiscil from said sum of money or any part thereof with respect to any particular violation or default of Tenant, and the apps opriatum of said sum of money of part thereof to indemnify tot any such default or violation skull be at all times discraionary with Landlord. Such part of said suns of money :u has nut tier appropriated by Landlord or which Landlord shall not be Avoided to appropriate, as aforesaid. shall be returned to Tcnant after the expiration of the ,errs of dd. r adec and tons, renewal rat extenlrm thereof, 30. Landlord and Tenant tealiu abut the law of Pennsylvmna with regard to lessee may be ut a proccts of clainge. and caprcss divir Inulual deura [flat the r revision of Ihis'case be disarmed severable. Shoatd one or Marc prvvici )AS Of this Iccac bar of become unenforceable or illegal, the retnainiatt proeisiun. 1h.o1 continue m full fume and effect to fatalistic the relationships betwten Lasdlotd and Tenant. Further, any provisions that require lntdifkation in link pcn.+d or in notice to amain or W b"Ohte ent'Omeable or legal *hall he dccmed to mndifmd auaww0cally as Of thc^ception of the lean. IN WITNESS WHEREOF, the parties have. hereunto set their hand and xtals on twn wptns en first above written. A Xenia w photostatic copy of the signed copy shall he the equivalent an Mark R. Sgrignoli fly: (SEALI gnxntS,t-4ur4, cmed an orinal, the d ay and ytur act hrcun(SEAL) : Sign full name. (SEAL) 7bnant's Stgruuutc Sign full name Tenant Invoice DATE . 4(29,2005 ' DESCRIPTION Replace kitchen floor do to cigarette burns Replace bathroom floor do to cigarette burns Replace dining room carpet do to pet urine Replace 3 cultured marble tops do to cigarette burns in edges Replace kitchen counter top do to excessive cutting marks Replace operating panel on sliding door do to dog scratches Replace sliding door screen do to tears and bends in frame Replace shower head (missing) Replace 2 faucet caps (missing) Replace 2 toilet seats (not originals) j Replace bed room window screen (badly bent) l Replace plexiglass in 2 outside lights (missing) i Replace blind al 6' sliding door (missing) 'Replace 8 blinds on windows (could not be cleaned) ' Replace paper holders & towel bars (some missing) Tear up carpet in basement and clean floor do to pet urine Clean unit Replace beat and return vents (could not be cleaned) Top soil yard do to dog digging holes Repair excessive small holes in drywall (138 in living room alone) i Replace all 9 sockets in bath tights do to over wattage of bulbs Keep this invoice for your records. TERMS Due upon receipt AMOUNT 540.00 470.00 705.00 675.00 535-00 525.00 97.00 22.00 .00 H.00 40.00 30.00 25.00 85.U0 120.00 82.00 105.00 275.00 87.00 100.00 ? 75.00 66.00 Total $4,670,00 EXHIBIT "B" KARL M. LEDEBOHM ATTORNEY-AT LAW P.O. Box 173 New Cumberland, PA 17070-0173 Phone: 717-938-6929 Fax: 717-932-0317 May 24, 2005 (Via regular and certified mail) Hal Fineburg 2103 East Coventry Lane Enola, PA 17025 Hal Fineburg, M.D. 356 East Penn Drive Enola, PA 17025 Re: NOTICE OF SECURITY DEPOSIT STATUS THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE FROM THIS OFFICE IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. AN IMPORTANT STATEMENT OF RIGHTS IS INCLUDED ON THE REVERSE OF THE SECOND PAGE OF THIS LETTER. Dear Mr. Fineburg: I represent Mark R. Sgrignoli, the Landlord under the lease which you signed dated October 8, 1998 (the "Lease") for the property known as 110 Lee Ann Court, Enola, PA 17025 (the "Property"). As a result of your failure to vacate the Property in as good condition as when received, reasonable wear and tear excepted, Mr. Sgrignoli has suffered damages in the amount of $3,920.00, itemized as follows: 1. Total damages itemized on exhibit "A" attached hereto and made part hereof $4,670.00 2. Less security deposit 750.00 3. Total balance due under the Lease $3,920.00 EXHIBIT "C" You are responsible for the re-imbursement of the above damages to Mr. Sgrignoli under the terms and conditions of the Lease. Mr. Sgrignoli hereby demands payment of the $3,920.00. Please deliver payment of the $3,920.00 to Mr. Sgrignoli within thirty (30) days of the date of this letter. Checks must be made payable to Mark Sgrignoli and delivered to the following address: Mark R. Sgrignoli 19 Sherwood Circle Enola, PA 17025 In the event you fail to deliver the $3,920.00 to Mr. Sgrignoli within thirty (30) days of the date hereof, Mr. Sgrignoli will have no choice but to file a legal action against you for the recovery of the $3,920.00 and to pursue any and all remedies available to him either at law or in equity without further notice. Nothing herein shall constitute or be construed as an agreement on behalf of Mr. Sgrignoli to accept any terms and conditions in exchange for payment of the amounts due under the Lease except for the immediate payment of all amounts due to Mr. Sgrignoli under the Lease. Nothing herein shall constitute a waiver of any rights or remedies which Mr. Sgrignoli may have under any written agreement or at law or in equity to collect the balance of the indebtedness due under the Lease or to enforce the terms of the Lease without further notice, including, without limitation, the right to accept and apply any partial payments made on the Lease without waiver of any demand for payment in full of all amounts due under the Lease. Mr. Sgrignoli looks forward to the payment of the $3,920.00 in the immediate future. Very truyf yours, G ;arl CC: Mark R. Sgrignoli Enclosure NOTICE This letter is an attempt to collect a debt. It you dispute the validity of this debt, or any portion thereof, and you contact the undersigned within thirty (30) days after receipt of this Notice, you will be furnished with written verification of the debt, provided, that if a lawsuit has been filed against you to collect this debt before the expiration of the thirty (30) days, the complaint filed in said lawsuit will constitute written verification of the debt. If you do not dispute the debt or any portion thereof as stated above, the undersigned will assume the debt is valid. If the original creditor of this debt is different from the creditor stated on the front page of this letter, the undersigned will provide you with the name and address of the original creditor upon written request from you within thirty (30) days of receipt of this notice. The undersigned means the name signed at the end of this letter appearing in print at the top of this letter- Mark Sgrignoli Construction 123 LeeAnn Court Enola. PA 17025 BILL TO Mark Sgrignoli ,19 Sherwood Circle I Enola. PA 170255 DATE 29/2005 Invoice DESCRIPTION Replace kitchen floor do to cigarette burns Replace bathroom floor do to cigarette burns Replace dininig room carpet do to pet urine Replace 3 cultured marble tops do to cigarette burns in edges Replace kitchen counter top do to excessive cutting marks Replace operating panel on sliding door do to dog scratches Replace sliding door screen do to tears and bends in frame Replace shower head (missing) Replace 2 faucet caps (missing) Replace 2 toilet seats (not originals) j Replace bed room window screen (badly bent) I Replace plexiglass in 2 outside lights (missing) Replace blind at 6' sliding door (missing) Replace 8 blinds on windows (could not be cleaned) Replace paper holders & towel bars (some missing) Tear up carpet in basement and clean floor do to pet urine Clean unit Replace heat and return vents (could not be cleaned) Top soil yard do to dog digging holes Repair excessive small holes in drywall (138 in living room alone) Ra k ba h t' d ' b 16' TERMS ,I place all 9 soc ets m t rghts o to over wattage of u s Keep this invoice for your records. Total ()l- Due upon receipt AMOUNT 540.00 470.00 705.00 675.00 535.00 525.00 97.00 22.00 11.00 40.00 30.00 25.00 85.00 120.00 82.00 105.00 275.00 87.00 100.00 75.00 66.00 $4,670.00 ¦ 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 MO Piece, or on the front 4 space permits. 1. Article Addressed to: -olloia- PA A. Signature Agent 14a? /," 6,&4 M•D SS& L'asf 02?` x ? /?? ? ddres9ae B. Recelved by (Printed Name) C. Date of Delivery 11-a/ 'D. is delivery address different from Itsm 1? ? Yes if YES, enter delivery address below: 0 No Type fled Mail ? Express Mail utmad iZ Return Receipt for Merchandise ? Insured Mail ? G.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7004 2890 oaa2 8475 6345 Mansfer Aan servicelebeli Domestic Return Receipt 1[rtsesoz-M-lSao PS Forth 3811, February 2004 ¦ 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 mallplece, or on the front if space permits. 1. Artlole Addressed to: ccn PA 1-4025" A. 'I t x f ? Agent i Q:Mdre B. Racilived by (Pjfwed (game) I C. Date 9f Dell 0. Is delivery address different from Item 12 U Ye: It YES, enter delivery address below: ? No 3. Service Type ?SCertlfied Mall ? Express Melt Q Registered aa.Retum Receipt for Merchandise 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article ime 7003 0500 0001 6561 3818 (Itansler Irom seMce lebaq PS Form 3811, February 2004 Domestic Return Receipt 10259so2464W VERIFICATION I, Mark R. Sgrignoli, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. a Mark R. Sgri o i (Plaintiff) tq ;i MARK R. SGRIGNOLI IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA V NO.: 05-3699 HAL FINEBURG CIVIL ACTION - LAW DEFENDANT JURY TRIAL DEMANDED ENTRY OF APPEARANCE On behalf of Hal Fineburg, please enter the appearance of the undersigned in the above captioned case. YOFFE & YOFFE, P.C. By Jeffrey . Yoffe, Esqu e Attorney for Hal Fineburg 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net MARK R. SGRIGNOLI IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA V NO.: 05-3699 HAL FINEBURG CIVIL ACTION - LAW DEFENDANT JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing praecipe on the following individual by regular mail at the address indicated. Karl M. Ledebohm P.O. Box 173 New Cumberland, PA 17070-0173 YOFFE & YOFFE, P.C. Date: September 9, 2005 By //i Jeffreq N. Yoffe; Esquire Attorney for Hal Fineburg 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net C) ra _ '? C c>> -i ? ? r -? .. ;r.; -. .---.:T - ...r. CJ t..J <:n .-y 1.D _? ?, , MARK R. SGRIGNOLI IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA V NO.: 05-3699 HAL FINEBURG CIVIL ACTION - LAW DEFENDANT JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the courtyour defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 or(717)249-3166 NOTICIA Le ban demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 or (717)249-3166 MARK R. SGRIGNOLI PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V HAL FINEBURG DEFENDANT NO. 05-3699 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT, NEW MATTER AND COUNTERCLAIM ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. After Hal S. Fineburg and his family lived in the Property for 5 years, he vacated the property in the same condition as it was received, normal wear and tear excepted. 8. It is Denied there was any damage to the Property. After Hal S. Fineburg and his family lived in the Property for 5 years, he vacated the property in the same condition as it was received, normal wear and tear excepted. 9. It is Denied Mark R. Sgrignoli suffered any damages. It is Denied there was any damage to the Property. After Hal S. Fineburg and his family lived in the Property for 5 years, he vacated the property in the same condition as it was received, normal wear and tear excepted. 10. Admitted the letter attached as Exhibit "C" was mailed to Hal S. Fineburg. 11. It is Denied Mark R. Sgrignoli suffered any damages. It is Denied there was any damage to the Property. After Hal S. Fineburg and his family lived in the Property for 5 years, he vacated the property in the same condition as it was received, normal wear and tear excepted. 12. Admitted Hal S. Fineburg has refused Mark R. Sgrignoli's demands for additional money. It is Denied Hal S. Fineburg has not paid any amounts due under the lease. WHEREFORE, Hal S. Fineburg requests that Mark R. Sgrignoli's complaint be dismissed. NEW MATTER 13. The replies to paragraphs 1 through 12 of the complaint are incorporated herein by reference. 14. Hal S. Fineburg paid to Mark R. Sgrignoli a $750.00 security deposit. 15. Hal S. Fineburg and his family moved out of the property on December 21, 2004. 16. Prior to December 21, 2004 Mark R. Sgrignoli knew that Hal S. Fineburg's medical practice operated out of Hal S. Fineburg's office located at 356 East Penn Drive, Enola, PA 17025. 17. On December 21, 2004, Mark R. Sgrignoli knew that Hal S. Fineburg was moving his residence to 2103 Coventry Lane, Enola, PA 17025. 18. The first notice Hal S. Fineburg received that Mark R. Sgrignoli was seeking compensation due to alleged damage to the property was the May 24, 2005 letter attached as Exhibit "C" to the complaint. 19. Within 30 days of December 21, 2004, 68 P.S. §250.512 required Mark R. Sgrignoli to provide to Hal S. Fineburg a written list of alleged damage to the property. 20, 68 P.S. §250.512 provides that failure to timely provide said written list results in forfeiture of the right of Mark R. Sgrignoli to sue Hal S. Fineburg for alleged damages to the Property. 21. 68 P.S. §250.512 provides that failure to timely provide said written list results in forfeiture of the right of Mark R. Sgrignoli to withhold Hal S. Fineburg's $750.00 security deposit and any interest on the security deposit. WHEREFORE, Hal S. Fineburg requests that Mark R. Sgignoli's complaint be dismissed. COUNTERCLAIM 22. Paragraphs 1 through 21 are incorporated herein by reference. 23. Neither Hal S. Fineburg or his family damaged the property. 24. Hal S. Fineburg is entitled to the return of his $750.00 security deposit. 25. 68 P.S. 250.51 la and 68 P.S. 250.51 lb require Mark R. Sgrignoli to pay interest to Hal S. Fineburg on his $750.00 security deposit. 26. Hal S. Fineburg and his family lived in the property for 5 years. 27. Pursuant to 68 P.S. 250.511a and 68 P.S. 250.511b Mark R. Sgrignoli owes to Hal S. Fineburg interest on the $750.00 security deposit for 3 years. 28. Allowing for a 1% administrative fee, Mark R. Sgrignoli owes to Hal S. Fineburg an estimated $22.50 in interest calculated by multiplying $750.00 by .01 (1%) time 3 years. WHEREFORE, Hal S. Fineburg requests judgment against Mark R. Sgrignoli in the amount of $772.50 ($750.00 + $22.50). YOFFE & YOFFE, P.C. By JbffuVy N. Yo e, Esquire Attorney for Hal S. Fineburg 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net MARK R. SGRIGNOLI IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA V NO. 05-3699 HAL FINEBURG CIVIL ACTION - LAW DEFENDANT JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing Answer, New Matter and Counterclaim on the below individual by mailing the same by first class U.S. mail to the address indicated. Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 YOFFE & YOFFE, P.C. Date: September 27, 2005 By J ffr N. Yo e, Esquire Attorney for Hal S. Fineburg 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing response and counterclaim are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. Dated: ("? r..a C7 •'t; rn ca SHERIFF'S RETURN - REGULAR CASE NO: 2005-03699 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SGRIGNOLI MARK R VS FINEBURG HAL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE FINEBURG HAL was served upon the DEFENDANT , at 1742:00 HOURS, on the 25th day of July , 2005 at 2103 EAST COVENTRY LANE ENOLA. PA 17025 HAL FINEBURG by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.20 Postage .37 Surcharge 10.00 .00 39.57 Sworn and Subscribed to before me this V-9 day of D? A.D. f P of ry So Answers: R. Thomas Kline 07/26/2005 KARL LEDEBOHM By: ,, AS- Deputy Sher' MARK R. SGRIGNOLI PLAINTIFF Vs. HAL FINEBURG DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO.: 2005-3699 Civil Term : CIVIL ACTION-LAW REPLY TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM AND NOW, comes Mark R. Sgrignoli, the Plaintiff in the above captioned matter, by and through his attorney Karl M. Ledebohm, Esquire, and makes the following reply to Defendant's New Matter and Counterclaim: 13. The averments set forth in this paragraph require neither admission nor denial. To the extent answer is required, the averments set forth in this paragraph are denied and strict proof thereof required at trial. 14. Admitted. 15. Denied. After reasonable investigation, Plaintiff is without knowledge or information as to the averments set forth in this paragraph and such averments are therefore denied and strict proof thereof required at trial. By way of further answer, it is specifically denied that Defendant vacated the leased property and conveyed possession of the leased property to Plaintiff on December 21, 2004, the Defendant having remained in possession of the leased property as late as January 3, 2005. 16. Admitted. 1 17. Denied. It is specifically denied that Plaintiff new that Defendant was moving his residence to 2103 Coventry Lane, Enola, PA 17025 on December 21, 2004. To the contrary, Plaintiff did not become aware of Defendant's new address as set forth above until sometime after January 3, 2005. 18. Denied. Plaintiff sent timely to Defendant on or before January 31, 2005 the notice required under the Landlord Tenant Act, 68 P.S. Section 250.512, notifying Defendant that he would not receive refund of his security deposit due to damages caused to the leased property during Defendant's tenancy. 19. Denied. The averments set forth in this paragraph constitute conclusions of law to which answer is not required. To the extent that further answer is required, the averments set forth in this paragraph are denied and strict proof thereof required at trial. By way of further answer, it is denied that Defendant vacated the leased property on December 21, 2004, the Defendant having been in possession of the leased property as late as January 3, 2005. 20. Denied. The averments set forth in this paragraph constitute conclusions of law to which answer is not required. To the extent that further answer is required, the averments set forth in this paragraph are denied and strict proof thereof required at trial. By way of further answer, Plaintiff timely sent to Defendant on or before January 31, 2005 the notice required under the Landlord Tenant Act, 68 P.S. Section 250.512, notifying Defendant that he would not receive refund of his security deposit due to damages caused to the leased property during Defendant's tenancy. 2 21. Denied. The averments set forth in this paragraph constitute conclusions of law to which answer is not required. To the extent that further answer is required, the averments set forth in this paragraph are denied and strict proof thereof required at trial. By way of further answer, for the reasons set forth in paragraph `C' above, Plaintiff provided to Defendant the notice required under 68 P.S. Section 250.512 in a timely manner. WHEREFORE, Plaintiff, Mark R. Sgrignoli, demands judgment against Hal Fineburg in the amount of THREE THOUSAND NINE HUNDRED TWENTY AND 00/100 ($3,920.00) together with costs of suit and interest at the legal rate from the date of judgment. 22. The averments set forth in this paragraph require neither admission nor denial. To the extent answer is required, the averments set forth in this paragraph are denied and strict proof thereof required at trial. 23. Denied. It is specifically denied that neither Hal S. Fineberg or his family damaged the property. To the contrary, for the reasons set forth in Plaintiff's complaint filed in this matter, the averments of which are incorporated herein by reference, Defendant vacated the leased property in a damaged condition for which he is responsible to Plaintiff under the terms and conditions of the lease agreement dated October 8, 1998 executed and delivered to Plaintiff by Defendant, a copy of which lease is attached to the complaint as Exhibit "A" and made part thereof. 3 46 24. Denied. It is specifically denied that Defendant is entitled to the return of the $750.00 security deposit. To the contrary, for the reasons set forth in Plaintiff s reply to paragraph 20 above and in Plaintiff's complaint filed in this matter, the averments of which are incorporated herein by reference, Defendant vacated the leased property in a damaged condition for which he is responsible to Plaintiff under the terms and conditions of the lease agreement dated October 8, 1998 executed and delivered to Plaintiff by Defendant, a copy of which lease is attached to the complaint as Exhibit "A" and made part thereof. By way of further answer, the $750.00 security deposit was correctly applied to the expense suffered by Plaintiff as a result of the damages caused to the leased property by Defendant and/or his family or invitees. 25. Denied. The averments set forth in this paragraph constitute conclusions of law to which answer is not required. To the extent that further answer is required, the averments set forth in this paragraph are denied and strict proof thereof required at trial. By way of further answer, for the reasons set forth in Plaintiff's reply to paragraphs 23 and 24 above, Defendant is not entitled to payment of interest on the $750.00 security deposit. 26. Denied. Defendant moved into the leased property on November 1, 1998. 27. Denied. The averments set forth in this paragraph constitute conclusions of law to which answer is not required. To the extent that further answer is required, the averments set forth in this paragraph are denied and strict proof thereof required at trial. By way of further answer, for the reasons set forth in Plaintiffs reply to 4 paragraphs 23 and 24 above, Defendant is not entitled to payment of interest on the $750.00 security deposit for 3 years. 28. Denied. The averments set forth in this paragraph constitute conclusions of law to which answer is not required. To the extent that further answer is required, the averments set forth in this paragraph are denied and strict proof thereof required at trial. By way of further answer, for the reasons set forth in Plaintiff's reply to paragraphs 23 and 24 above, Defendant is not entitled to payment of interest on the $750.00 security deposit for 3 years. WHEREFORE, Plaintiff, Mark R. Sgrignoli, requests this Court to dismiss Defendant's counterclaim and to enter judgment in favor of Plaintiff and against Hal Fineburg in the amount of THREE THOUSAND NINE HUNDRED TWENTY AND 00/100 ($3,920.00) together with costs of suit and interest at the legal rate from the date of judgment. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff 5 VERIFICATION I, Mark R. Sgrignoli, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. r' Mark R. S i oli (Plaintiff) 6 a MARK R. SGRIGNOLI IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-3699 HAL FINEBURG DEFENDANT CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 20th day of October, 2005, I served the Reply to Defendant's New Matter and Counterclaim upon the following individual by first class mail, postage prepaid, addressed as follows: Jeffrey N. Yoffee, Esquire YOFFEE & YOFFEE, P.C. 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 Respectfully submitted, karl M. Ledebdhm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 ??- ?'? ?.. ? , -i f " ?:; l 11 Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberrarlb QCourttp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 09-31.92 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573