HomeMy WebLinkAbout05-4636;UMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County of 0 /N Qc.r le,f FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. Q 5'_ io
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
??/ Gf PLC /CL? ?O MAG. DIST. No.
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d?ftvrf J' ?o ?,,/eesaM,
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SI GNAT RE OF APPELLANT OR ATTORNE :OR AGENT?-J-
This block will be signed ONLY when this notation is required under Pa. If appellant was Claima ?'L V
R.C.P. D.J. No. 10088. (see Pa. R. C.P.D.J. No. 1001(6) in action
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in th"se.
(20) days after filing the NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon 0,--eirt b / d J?7?D
(Common Pleas No.
Name of appellees)
appellee(s), to file a complaint in this appeal
_-46? -. ?? j?r• 0f ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
RULE: To ?ed WI Slgn?o/ap lent or aROmey or agent
/?r appellee(s)
genre o/ appellees)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you 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 was by mail is the date of the mailing.
Date: 20
mss. i u
/Pmth notary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
AFFIDAVIT:
I hereby (swear) (affirm) that I served
ss
a copy of the Notice of Appeal, Common Pleas No. , upon the Distdct Justice designated therein on
20 [] by personal service [] by (certified) (registered) mail,
(dateo€service) '.
, an
sender's receipt attached hereto, and upon the appellee, (name).
gp E] by personal service E] by (certified) (rog stared) mail.
sender's receipt attached hereto
(SWORN) (AFFIRMED) AND SUBSCRIBED B ZFOORE ME
THIS DAY OF
Signature of olficial balare whom affidavit was made
Title of omeial
My commission expires on 20
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Signature of affront
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AOPC 312A - 02
BRENDA/RIC BOTTORF,
Plaintiff
Vs.
SPIRIDOULA "LAURA"
PAPAROUNIS
Defendant
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:No. Civil Term
?s= -11634,
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow Spiridoula "Laura" Paparounis, Defendant in the above, to proceed
in forma au eris.
I, Geoffrey M. Biringer, attorney for the party proceeding in forma au eris,
certify that I believe the party is unable to pay the costs and that I am providing free legal
services to the party.
MIDPENN LEGAL SERVICES
7
By:
Geoffrey M. Biri ger
8 Irvine Row
Carlisle, PA 17013
(717)243-9400
ID#18040
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COMMONWEALTH OF PENNSYLVANIA
COUNTY nF COMBEAJILIM
Dist. No..
09-1-01
MDJ Name: Hon.
CHARLES A. CLEMENT, JR
Address . 400 BRIDGE ST
OLDS TOMM CONDLONS -SUITE 3
NEW CUMBERLAND, PA
Telephone (717) 774-5989 17070
ATTORNEY DEF PRIVATE :
GEOFFREY N. BIRINGER ESQ
MIDPENN LEGAL S
8 IRVINE RON
CARLISLE, PA 17013-0
THIS IS TO NOTIFY YOU THAT:
Judgment:
® Judgment was entered for: (Name)
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE
NAME and ADDRESS
FBOTTORF, BRENDA/RIC
810 SHERWOOD ROAD
NEW CW®ERLAND, PA 17070
L J
DEFENDANT: vs.
NAME and ADDRESS
7PAPARODNIS, SPIRIDOUTA 'LAURA' 7
617 BRIDGE STREET
SECOND FLOOR
LNEif CUMBERLAND, PA 17070
J
Docket No.: LT-00004.87-05
Date Filed: 8/11/05
LFL? ._.
Judgment was entered against PAPAROUNIS SPIRIDOUTA -W,
® Landlord/Tenant action in the amount of $ 1,310.50 on 8/30/05
The amount of rent per month, as established by the Magisterial District Judge
The total amount of the Security Deposit is $ .00
in a
(Date of Judgment)
is $ 635 00,
Total Amount Established by MDJ Less • Security Deposit Appliied
Rent in Arrears $ 469.00 -s- 0
Physical Damages Leasehold Property $ . 00 - $ . 00 =
Damages/Unjust Detention $ 732-90-$
Less Amt Due Defendant from Cross Comps 00
Interest (if provided by lease)
? Attachment Prohibited/ L/T Judgment Amount
42 Pa.C.S. § 8127 Judgment Costs
Attorney Fees
? This case dismissed without prejudice. Total Judgment
® Possession granted.
? Possession granted if money judgment
? Possession not granted.
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$Adjudicated4A6mgo nt
.0 0
.00
732, 0
$ 00
$ DD
$ i 20l so
$ 109-00
$ o
$ 1,310.50
? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES,IK 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 JUDGMEN1 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.
AUG 3 0 2001 C(
ate , Magisterial District Judge
certify t at t Is Is a true an correct copy o t e recor 5.7-le proce Ings containing the judgment.
Date
Magisterial District Judge
oX commission 05 first Monday of January, 2008. 0 315A SEAL
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PROOF OF
(,-: •s X art cJ scrmk-e VUST 6 '.
COMtbON'i EALTH OF PENNSYL t'
COUNTY UF?
?1(
AFFIDw r: I hereby (swear)
a copy of the Not i.
fletum p
(Endorsement Required)
r-l
O Restricted ),1,,,i" ry Fee
(Endorsem31qutred)
u7
ru _
ICE OF APPEAL AND RULE TO FILE COMPLAINT
-d (10) DAYS AFTER filing of the notice of appeal- C+tcck appficable boxes.)
„•, . i -on Pleas No-QJ-?* 3?upon the District Justice designated therein on
(date of service) , 20 bS, ? by personal service (l'by (certified) V.P c ) mail,
sender's receipt <II _., a-.d cpon the appellee, (name) jl feAWO r/?je vff9/'?' , on
(y /? LQS: ?
? by personal service [1?6y (certified) (eogistered) mail,
sender's receipt .
FIRMED) AND K ..:)Hf NE ,
DAY OF -f / I?;! O )-
- Srgneture o1 afliant
Jbolore ho
TIflB PPoffiae(
My commission expires or) • ";? (q
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NOTAR{AlS£Al r C)
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AOPC 312A - 02
UU.S. Postal Servictr,.
CERTIFIED MAILr,RECEIPT
(Domestic Mai/ Only, 'No /nsur?nca Coverage Provided)
UUMMUNWIzALIM OF 1'CNN0
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. C ! ?I& 6 (,&
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
NAME OF APPELALANT MAG. DIST. NO. NAME OF DA `4211 /t,r fr,-4;r `?r
ADDRESS( APPELLANT ` CITY STATE y ZIP CODE
11.1? etjtU%r Grp::/ L,! U?ec ?rt H!?stf( ?`? G'7Ci
'
DATE FJUDGM Nom- IN THE CASE OF(PI3Vdr (D fendenr)
'r f(Gt`tt / ','ri ?j'p9?e,r./^ ys - rx 44 eta oo.10« ?t !J
?
DOCKET No
No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10086.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS.to the judgment for possession in thlwib2se.
- ` 1 (20) days after filing the NOTICE of APPEAL.
I L'
' lure _ . ;notary oq opnry
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon _ y^'wv y( ? ? ? ?"_i d Y'Y"o /'-,x` appellee(s), to file a complaint in this appeal
Name ofappellae(s)
(Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. -
s ,
signature ofap lant or attorney;,agent
RULE: To Ie^{?t)?! appellee(s)
'Narrfappellee(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 MAYBE ENTERED AGAINST YOU. -
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: )`.. , 20 r;^.a=
+?.. !2 ttvm of Projlnotary;,Deputy
/ I
i
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT(TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE
RICHARD E. BOTTORF, JR.,
AND BRENDA L. BOTTORF
Plaintiffs
vs.
SPIRIDOULA L. PAPAROUNIS,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05 - 4636 CIVIL TERM
CIVIL ACTION (LANDLORD/TENANT)
Petition To Release Escrow Funds and Terminate the
Supersedeas in Accordance with Pa. R.C.P.D.J. 1008 B
Plaintiff Richard E. Bottorf, Jr., and Brenda L. Bottorf are adult individuals
with a residential address of 810 Sherwood Road, New Cumberland,
Cumberland County, Pennsylvania 17070.
2. Defendant Spiridoula L. Paparounis is an adult individual located at 617
Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070.
On April 15, 2005 the parties entered into a written lease agreement attached
hereto as Exhibit "A".
4. The Residential House Lease Agreement required the Defendant to: "pay,
without demand, to Landlord (i.e. the Plaintiffs), as rent for the House the sum
of $635.00 per month in advance on the last day of each calendar month."
See Paragraph 3 of Exhibit "A".
The Residential House Lease Agreement required the Defendant to pay a "late
payment charge of $5.00 per day, beginning on the I" of the month" if the
rent was not paid on the last day of each calendar month for the next month's
rent. See Paragraph 3 of Exhibit "A".
6. The Residential House Lease Agreement required the Defendant to pay a
security deposit of $635.00 upon execution of the lease. See Paragraph 4 of
Exhibit "A".
The Residential House Lease Agreement permitted only one adult (i.e. the
Defendant) and no more than two children under the age of eighteen to
occupy the leased premises. See Paragraph 7 of Exhibit "A".
8. The Defendant completed an "Application for Residency" in which she
clearly identified only herself and two minor children as persons to occupy the
home. A true and correct copy of the Application is attached hereto as Exhibit
"B,>
9. The Residential House Lease Agreement required the Plaintiffs "prior written
consent" if any other persons other than one adult and two children were to
occupy the leased premises. See Paragraph 7 of Exhibit "A". The Plaintiffs
have never consented that any other persons may occupy the premises.
10. The Defendant has paid from April 14, 2005 to August 31, 2005 the following
sums of money to the Plaintiffs (dates refer to the year 2005):
Date of Payment Amount
4/15 $ 400.00 Subtotal April $400.00
5/6 $ 50.00
5/9 $ 50.00
5/11 $ 40.00
5/13 $ 30.00
5/16 $ 40.00
5/17 $ 50.00
5/18 $ 50.00
5/19 $ 50.00
5/20 $ 100.00
5/23 $ 25.00
5/24 $ 60.00
5/25 $ 60.00
5/30 $ 160.00 Subtotal May $765.00
6/2 $ 40.00
6/3 $ 50.00
6/3 $ 265.00
6/10 $ 40.00
6/17 $ 30.00
6/23 $ 30.00
6/24 $ 30.00
6/25 $ 40.00 Subtotal June $525.00
7/2 $ 65.00
7/6 $ 120.00
7/21 $ 170.00
7/22 $ 65.00
7/30 $ 116.00
7/30 $ 115.00 Subtotal July $651.00
8/6 $ 70.00
8/12 $ 60.00 Subtotal August $130.00
$2,471,00
11. During the period April 15, 2005 to August 31, 2005 the Defendant owed
$2,857.50 in rent (4.5 months x $635.00 per month).
12. During the period April 15, 2005 to August 31, 2005 the Defendant failed to
pay the security deposit of $635.00.
13. Since April 15, 2005 the Defendant has owed $5.00 per day in penalty charges
since she has never paid the security deposit and never paid the monthly rent
in a timely manner. As of September 23, 2005 the penalty charge totals
$805.00 (161 days x $5.00 per day).
14. On June 27, 2005 the Defendant acknowledged that she had still not paid the
security deposit as set forth in Exhibit "C" which states: "Tenant agrees that
$635.00 security deposit not yet paid & is still due."
15. On July 6, 2005 the Defendant sent notice to the Plaintiffs that: "I am giving
you my written [sic] notice that I will be out of the Apartment on 7/30/05.
Thank you." A true and correct copy of this notice to quit is attached hereto
as Exhibit "D".
16. On July 28, 2005 the Defendant writes another letter stating: "I have been
looking for another place. Nothing has come up yet. I will probably be out by
Mid August or at the end of August. I will be mailing you money everyday. I
will be paid up in my rent by my departure. Thank you." A true and correct
copy of this letter is attached hereto as Exhibit "E".
17. Defendant has acknowledged her own failure to make timely payments under
the lease when she drafted a letter stating that she should have paid $3,492.50
in rent and security deposit from 4115105 through 8/31/05 but paid only
$2,365.00 leaving the total unpaid to the Plaintiffs of $1,127.00. A true and
correct copy of this note is attached hereto as Exhibit "F".
18. Defendant provided written notice to abandon the leased premises effective
July 30, 2005 yet has remained in possession to this date.
19. Defendant has violated the terms of the lease in failing to timely pay rent.
20. Defendant has violated the terms of the lease in failing to pay the security
deposit.
21. Defendant has violated the terms of the lease by allowing another adult known
as "John Stevens" to permanently reside in the leased premises.
22. Defendant has violated the terms of the lease by using excessive amounts of
water causing the Plaintiffs' utility bills for water and sewer to more than
double since "John Stevens" was permitted to move into the residence by the
Defendant.
23. Defendant has violated the terms of the lease by not supervising her children
properly and allowing them to break a banister and a window.
24. Defendant has violated the terms of the lease by causing substantial noise and
otherwise disturbing the downstairs tenant.
25. On September 8, 2005 the Defendant paid the sum of $469.00 to the
Prothonotary when she appealed a judgment of $1,310.50 as well as the award
of possession to the Plaintiffs as shown on Exhibit "G" following a two hour
trial in which the Defendant was represented b;y her present counsel.
26. Pa. R.C.P.D.J. 1008 B specifically permits a landlord to seek the release of
funds paid to the Prothonotary to compensate for the tenant's actual
possession and use of the premises during the pendency of the appeal. In the
New Cumberland borough an apartment such as that leased to the Defendant
has a market rate in excess of $625.00 per month.
27. Plaintiffs are entitled to seek the termination of the supersedeas since the
Defendant has admitted in writing that she failed to pay no less than $1,127.00
owed to the Plaintiffs.
28. Plaintiffs are entitled to seek the termination of the supersedeas since the
Defendant has already provided notice to abandon the premises in her letter
received July 6, 2005.
29. Plaintiffs are entitled to seek the termination of the supersedeas since it is
undisputed that the Defendant allowed another adult to permanently move into
the premises without the landlord's express written consent as required under
the lease.
30. A copy of this Petition was faxed to counsel for the Defendant with a request
for a writt en ithin seventy two (72) hours. Defendant's counsel
does _ oes not oncur with the relief requested.
WHEREFORE, Plaintiffs respectfully request an immediate Order for
Possession of the leased premises well as the release of all monies paid to the
Prothonotary to date and the subsequent release of any other monies paid to the
Prothonotary while this Petition is litigated.
Respectfully submitted,
By:
iowell Law Firm
619 Bridge Street
New Cumberland, PA 17070
Supreme Court ID 62063
Attorney for Plaintiffs
Certificate of Service
I hereby certify that on the date set forth below a true and correct copy of the
foregoing document was served upon the party/parties set forth below by postage
prepaid, first class United States Mail addressed as follows:
Geoffrey M. Biringer, Esquire
Mid Penn Legal Services
8 Irvine Row
Carlisle, PA 17013
By:
/Howell Law Firm
619 Bridge Street
New Cumberland, PA 17070
Supreme Court ID 62063
Attorney for Plaintiffs
Date: 9a 1?? ,?
VERIFICATION
I/we verify that the statements made in the foregoing document are true and
correct. I/we understand that false statements herein are made subject to the penalties of
18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities.
BY:
Ri and . ottor
BY:
/n1Brenda L. Bottor
Date: 71a 10s`
RESIDENTIAL HOUSE LEASE AGREEMENT
This Residential House Lease Agreement ("Lease") is made: and effective this 4/15/2005
by and between Ric & Brenda Bottorf ("Landlord") and Spiridoula (Laura) Papparounis
("Tenant," whether one or more). This Lease creates joint and several liability in the case
of multiple Tenants.
1. PREMISES.
Landlord hereby rents to Tenant and Tenant accepts in its present condition the house at
following address: 617 Bridge Street 2nd Floor (the "House").
2. TERM.
The term of this Lease shall start on 4/15/2005, and end on 4/14/2006. In the event that
Landlord is unable to provide the House on the exact start date, then Landlord shall
provide the House as soon as possible, and Tenant's obligation to pay rent shall abate
during such period. Tenant shall not be entitled to any other remedy for any delay in
providing the House.
3. RENT.
Tenant agrees to pay, without demand, to Landlord, as rent fbr the House the sum of
$ 635.00eper month in advance on the last day of each calendar month, at 810 Sherwood
Road New Cumberland, PA 17070, or at such other place as Landlord may designate.
Landlord will impose a late payment charge of $ 5.00 per day, beginning on the 1st of the
month. Rent will be prorated if the term does not start on the first day of the month or for
any other partial month of the term.
4. SECURITY DEPOSIT.
Upon execution of this Lease, Tenant deposits with Landlord $ 635.00, as security for the
performance by Tenant of the terms of this Lease to be returned to Tenant following the
full and faithful performance by Tenant of this Lease. In the event of damage to the
House caused by Tenant or Tenant's family, agents or visitors, Landlord may use funds
from the deposit to repair, but is not limited to this fund and 'Tenant remains liable.
5. QUIET ENJOYMENT.
Landlord agrees that if Tenant timely pays the rent and performs the other obligations in
this Lease, Landlord will not interfere with Tenant's peaceful use and enjoyment of the
House.
6. USE OF PREMISES.
A. The House shall be used and occupied by Tenant exclusively as a private Double-
family residence.Tenant has acces to both 2nd & 3rd floor only. Neither the House nor
any part of the House or yard shall be used at any time during; the term of this Lease for
the purpose of carrying on any business, profession, or trade of any kind, or for any
purpose other than as a private single-family residence.
Deno 1 .,P4
B. Tenant shall comply with all the health and sanitary laws, ordinances, rules, and
orders of appropriate governmental authorities and homes associations, if any, with
respect to the House.
7. NUMBER OF OCCUPANTS.
Tenant agrees that the House shall be occupied by no more than One person, including no
more than Two children under the age of eighteen (18) years, without the prior written
consent of landlord.
8. CONDITION OF PREMISES.
A. Tenant agrees that Tenant has examined the House, including the grounds and all
buildings and improvements, and that they are, at the time of this Lease, in good order,
good repair, safe, clean, and tenantable condition.
B. Landlord and Tenant agree that a copy of the "Joint Inspection," the original of which
is maintained by Landlord and a copy provided to Tenant, attached hereto reflects the
condition of the House at the commencement of Tenant's occupancy
9. ASSIGNMENT AND SUBLETTING.
A. Tenant shall not assign this Lease, or sublet or grant any concession or license to use
the House or any part of the House without Landlord's prior written consent.
B. Any assignment, subletting, concession, or license without the prior written consent of
Landlord, or an assignment or subletting by operation of law, shall be void and, at
Landlord's option, terminate this Lease.
10. _ALTERATIONS AND IMPROVEMENTS.
A. Tenant shall make no alterations to the House or construct any building or make other
improvements without the prior written consent of Landlord.
B. All alterations, changes, and improvements built, constructed, or placed on or around
the House by Tenant, with the exception of fixtures primly removable without damage
to the House and movable personal property, shall, unless otherwise provided by written
agreement between Landlord and Tenant, be the property of landlord and remain at the
expiration or earlier termination of this Lease.
11. DAMAGE TO PREMISES.
If the House, or any part of the House, shall be partially damaged by fire or other casualty
not due to Tenant's negligence or willful act, or that of Tenant's family, agent, or visitor,
there shall be an abatement of rent corresponding with the time during which, and the
extent to which, the House is untenantable. If Landlord shall decide not to rebuild or
repair, the term of this Lease shall end and the rent shall be prorated up to the time of the
damage.
Dan. 1 of 4
12. DANGEROUS MATERIALS.
Tenant shall not keep or have on or around the House any article or thing of a dangerous,
inflammable, or explosive character that might unreasonably increase the danger of fire
on or around the House or that might be considered hazardous.
13. UTILITIES.
Tenant shall be responsible for arranging and paying for all utility services required on
the premises, except Landlord will provide:: Heat, W/S/T.. Tenant shall not default on
any obligation to a utility provider for utility services at the :House.
14. MAINTENANCE AND REPAIR.
A. Tenant will, at Tenant's sole expense, keep and maintain the House and appurtenances
in good and sanitary condition and repair during the term of this Lease. In particular,
Tenant shall keep the fixtures in the House in good order and repair; keep the furnace
clean; and keep the walks free from dirt and debris. Tenant shall, at Tenant's sole
expense, make all required repairs to the plumbing, range, oven heating apparatus,
electric and gas fixtures, other mechanical devices and systems, floors, ceilings and walls
whenever damage to such items shall have resulted from Tenant's misuse, waste, or
neglect, or that of the Tenant's family, agent, or visitor.
B. Tenant agrees that no signs shall be placed or painting done on or about the House by
Tenant without the prior written consent of Landlord.
C. Tenant agrees to promptly notify Landlord in the event of any damage, defect or
destruction of the House, or the failure of any of Landlord's appliances or mechanical
systems, and except for repairs or replacements that are the obligation of Tenant pursuant
to Subsection A above, Landlord shall use its best efforts to repair or replace such
damaged or defective area, appliance or mechanical system.
15. ANIMALS.
Tenant shall keep no domestic or other animals in or about the House without the prior
written consent of Landlord.
16. RIGHT OF INSPECTION.
Landlord and Landlord's agents shall have the right at all reasonable times during the term
of this Lease and any renewal of this Lease to enter the House for the purpose of
inspecting the premises and/or making any repairs to the premises or other item as
required under this Lease.
17. DISPLAY OF SIGNS.
During the last thirty (30) days of this Lease, Landlord or Landlord's agent may display
"For Sale" or "For Rent" or "Vacancy"-orsaniiarsigns on or about the Rouse and enter to
show the House to prospective purchasers or tenants.
Dares 2 ref r
expiration of the Term of this Lease, a new tenancy from month to month shall be created
which shall be subject to all the terns and conditions of this Lease, but shall be
terminable on thirty (30) days by either parry or longer notice if required by law. If
Tenant holds over without Landlord's consent, Landlord is entitled to double rent, pro-
rated per each day of the holdover, lasting until Tenant leaves the House.
19. SURRENDER OF PREMISES.
At the expiration of the Lease, Tenant shall quit and surrender the House in as good a
condition as it was at the commencement of this Lease, reasonable wear and tear and
damages by the elements excepted.
20. FORFEITURE OF SECURITY DEPOSIT - DEFAULT.
It is understood and agreed that Tenant shall not attempt to apply or deduct any portion of
any security deposit from the last or any month's rent or use or apply any such security
deposit at any time in lieu of payment of rent. If Tenant fails to comply, such security
deposit shall be forfeited and Landlord may recover the rent: due as if any such deposit
had not been applied or deducted from the rent due. For the: purposes of this paragraph, it
shall be conclusively presumed that a Tenant leaving the Premises while owing rent is
making an attempted deduction of deposits. Furthermore, any deposit shall be held as a
guarantee that Tenant shall perform the obligations of the Lease and shall be forfeited by
the Tenant should Tenant breach any of the terms and conditions of this Lease. In the
event of default, by Tenant, of any obligation in this Lease which is not cured by Tenant
within fifteen (15) days notice from Landlord, then in addition to forfeiture of the
Security Deposit, Landlord may pursue any other remedy available at law, equity or
otherwise.
21. ABANDONMENT.
If at any time during the term of this Lease, Tenant abandons the House or any of Tenant's
personal property in or about the House, Landlord shall have the following rights:
Landlord may, at Landlord's option, enter the House by any means without liability to
Tenant for damages and may relet the House, for the whole or any part of the then
unexpired term, and may receive and collect all rent payable by virtue of such reletting;
Also, at Landlord's option, Landlord may hold Tenant liable for any difference between
the rent that would have been payable under this Lease during the balance of the
unexpired term, if this Lease had continued in force, and the net rent for such period
realized by Landlord by means of such reletting. Landlord inay also dispose of any of
Tenant's abandoned personal property as Landlord deems appropriate, without liability to
Tenant. Landlord is entitled to presume that Tenant has abandoned the House if Tenant
removes substantially all of Tenant's furnishings from the House, if the House is
unoccupied for a period of two (2) consecutive weeks, or if it would otherwise be
reasonable for Landlord to presume under the circumstances that the Tenant has
abandoned the House.If the House is determined by the Landlord to be Abandoned Renter
shall lose all rights to the security deposit of $ 635.00 as if it was never paid.
Pens A nff
22. SECURITY.
Tenant acknowledges that Landlord does not provide a security alarm system or any
security for the House or for Tenant and that any such alarm system or security service, if
provided, is not represented or warranted to be complete in all respects or to protect
Tenant from all harm. Tenant hereby releases Landlord from any loss, suit, claim, charge,
damage or injury resulting from lack of security or failure of security.
23. SEVERABILITY.
If any part or parts of this Lease shall be held unenforceable for any reason, the remainder
of this Agreement shall continue in full force and effect.
24. INSURANCE.
Tenant acknowledges that Landlord will not provide insurance coverage for Tenant's
property, nor shall Landlord be responsible for any loss of T'enant's property, whether by
theft, fire, acts of God, or otherwise.
25. BINDING EFFECT.
The covenants and conditions contained in the Lease shall apply to and bind the heirs,
legal representatives, and permitted assigns of the parties.
26. GOVERNING LAW.
It is agreed that this Lease shall be governed by, construed, and enforced in accordance
with the laws of the State of Pennsylvania, County of Cumberland
27. ENTERE AGREEMENT.
This Lease shall constitute the entire agreement between the parties. Any prior
understanding or representation of any kind preceding the date of this Lease is hereby
superseded. This Lease may be modified only by a writing signed by both Landlord and
Tenant.
28. NOTICES.
Any notice required or otherwise given pursuant to this Lease shall be in writing; hand
delivered, mailed certified return receipt requested, postage prepaid, or delivered by
overnight delivery service, if to Tenant, at the House and if to Landlord, at the address for
payment of rent.
29. APPLIANCES
The following appliances are provided : Electric Range W/ Oven, Washer Dryer Combo,
Air Conditioner, Refrigerator, Ceiling fan
TENANTS AGREE TO THE FOLLOWING
1) To accept dwelling "as is" having inspected it.
2) To keep Yards and Garbage areas well kept and clean
3) To keep from making load noises and disturbances and to play music and broadcast
programs at levels not to disturb other peoples peace and quite
D.A. 9 Apr
4) Not to paint or change the dwelling in any way without first getting written permission
from Landlord.
5) To park their vehicle in the off street parking area provided by the Bourgh and keep
those spaces clean of oil drippings and grease
6) Do not rev vehicle engines loudly as to disturb neighbors.
7) Not to repair their motor vehicle on the premises if such ;repairs will take more than 12
hour to complete.
8) To allow owners to inspect the dwelling, work on the dwelling, or to show the
dwelling to perspective tenants at any and all reasonal times
9) To not keep water filled furniture in this dwelling
10) To pay rent by check, cashiers check, cash, or money order made payable to Brenda
Bottorf. ( checks must be good when presented or applicable late fees will apply plus a
$30.00 bad check fee. )
11) To pay for repairs of all damage they or their family or guests have caused.
12) To pay for all repairs of all broken windows or window components that are broken
during tenantry.
13) Tenants are responsible for keeping a well groomed lawn and keeping all parking
areas and side walks clear of ice and snow. If the landlord must cut grass or remove ice
and snow there will be a $ 45.00 fee. (non-negotiable)
IN WITNESS WHEREOF, the parties have caused this Lease to be executed the day and
year first above written. Once signed this lease cannot be cancelled without Landlord
receiving a written request. furthermore, I understand that the Landlord is entitled to all
monies described in this Lease upon receiving due notice of cancellation that would fulfill
the tenants financial obligations as if this Lease had been executed to the term of this
Lease.,
($ 7,620.00 )
Owner n Renter
4 /1 /
APPLICATION FOR RESIDENCY
APPLI CO-APPLICANT-
Name- 'T, YD tom-- Name:
Address Addras`.
PhoneN Q? D/ O/8 PhoneN_rDIO/B
ssN
Drivers License_N,
Rent Amounts Years there Q
Employer.V rL 3ed S.
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Address
Position ?rs there
PhoneN, Mo.Gross$
Drivers License#
Landlord_ PhoneN
Address
Rent Amounts Years there
Employer „_
Address
position.-years there
PhoneN --Mo.Grosss
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OLITS'Y'ANDING DEBT: Ll SOU ? ? ? ?-?
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4)
5) ,
Previous Address
Landlord_-
PhoneN No.years
Previous Employer
PhoneN lNo.years
Position No.years,
Oj,jM&b DING DEPT:
Creditor/Name on Acct./Monthly Payment
7)
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3)
4)
5)
EMERGENCY N Q AGENCY P-Q3MCATION:
Name OP-V) i \A MI Name
Address 0 /Address
Relationship PhoneN /?7?' Relationship- PhoneN
Vehicle : Ve i e
Year l=q--Make rJ? Yeu -Make
State License# L,x 2-. state LieenseN
WE OF OWNER OF HM: Q4. L if K--n ?C?,
List all other oersam to occvay the home.
Join 'T. S1evt"S -'XIL
Name WWAW W IfYO Relationship S??7"l?
Why are you leaving your present residence? /U IFU /WI I/PIU !'LX
Any. litigation, such as evictions, suits, judgements, bankruptcies, foreclosures,
if yes, explain:
Have your ever been convicted of any criminal offense?
Yes
31.q1 ?b
D/O/B 4)al9 ?
no
If yes, give details & dates:
Have you ever broken a lease or been evicted from any type of housing? no
If yes, explain:
Personal References (Do not list names you have already used on this application)
Name .& Address: n
Na Y-'s
Color Weight Height Last Rabies Shot
on home being purchased-
No. Bedroom(3). CoW Serial /
Purchase
of Paymentsr
PLEASE READ ALL TERMS BELOW AND SIGN
It is understood that the premises are to be used as a residence to be occupied by not more than -persons and
that occupancy is subject to possession being delivered by present occupant. A non-refundable application fee in the
sum of S 35 00 received on has been deposited with the landlord, with the dear understanding that
this application, including each prospective occupant, is subject to approval and acceptance by Landlord in its sole
discretion. I hereby authorize Landlord to obtain information It deems desirable in the processing of my
application, including; credit reports, civil or criminal actions, rental history, employment/salary details,. police and
vehicle records, and any other relevant information; and release Landlord, its employees and agents from all liability
for any damage whatsoever incurred in furnishing or obtaining such information. Upon approval and acceptance,
the applicant agrees to execute a lease before possession is given and to pay the security deposit and the first month's
rent at the signing of the lease. The applicant hereby waives any claim for damages by reason of non-acceptance of
this application which the Landlord or his agent may reject without stating reasons for so doing. It is further
agreed that if any information herein is false, the lease made on the strength of this application may, at the option
of the Landlord, be terminated at any time. A new application is required if purchase of the home does not occur
within forty-rive (45) days from the date of signature below. Applicant received copies of the lease, community
Jrules Lit rc/guf lations, and the pet agreement prior to signing this application.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
Mag. Dist. No'
09-1-01
MDJ Name. Han.
CHARLES A. CLEMENT, JR
Add'm' 400 BRIDGE ST
OLDS 'TONNE COMMONS -SUITE 3
NEW CUMBERLAND, PA
Telephone (717 ) `774-5989 17070
ATTORNEY FOR PLAINTIFF s
STEVEN HOWELL
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF. NAME and ADDRESS
rBOTTOR.F, SRZNDA/RIC
810 SHERWOOD ROAD
NEW CUMBERLAND, PA 17070
L .J
VS.
DEFENDANT: NAME and ADDRESS
rPAPAROUNIS SPIRIDOUTA 'LAURA'
617 BRIDGE STREET
SECOND FLOOR
LNBW CUMBERLAND, PA 17070 J
D ktN 1-T-0000487-05
619 88ID6E ST
NEW CUMBERLAND, FA 17070 oc a o..
Date Filed: 8/11/05
THIS IS TO NOTIFY YOU THAT:
Judgment: FOE PLAIN'J'IFF _ _ _
?_ Judgment was entered for: (Name) 80TTORF BAElIDA/RIC
Judgment was entered against PAPAROW18, SPIRIDOUTA 'LAURA' in a
?Z Landlord/Tenant action in the amount of $ - 1.310.50 on 8/30 05 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 635 .00.
The total amount of the Security Deposit is $ .00
Total Amount Established V9 DJ Less • Security Deposit Ap lied
0 =
00- = Adjudicated A ount
46
00
Rent in Arrears $ $_
. .
$
Physical Damages Leasehold Property $' .00- g .00
_ .00
Damages/Unjust Detention $' 732 _50 - $ _ 00 732 _ SO
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ -00
L/T Judgment Amount $ i 2J _.U
Attachment Prohibited/ Judgment Costs $ 109.00
42 Pa.C.S. § 8127 Attorney Fees $ -00
F] This case dismissed without prejudice. " Total Judgment $ 1,310.50
® Possession granted.
Possession granted if money judgment
Possession not granted.
Post Judgment Credits
Post Judgment Costs
Certified' Judgment Total
? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30. DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUPGES,# i4E JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FARTHER PROCESS MUSi•'COMIE;FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT J,?UbQE - ". .
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTEO?NTHE JUOGMETIO MAY FILE
A REQUEST FORENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGWG pfDESTbIR,PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ftr
k t
v,
AUG 3 0' 2005?ate ?(. ict Judge
Date
M? commission expires first Monday of January, 2008.
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RICHARD E. BOTTORF, JR., IN THE COURT OF COMMON PLEAS
AND BRENDA L. BOTTORF. OF CUMBERLAND COUNTY,
Plaintiffs PENNSYLVANIA
VS. NO. 05 - 4636 CIVIL TERM
SPIRIDOULA L. PAPAROUNIS, :
Defendant CIVIL ACTION (LANDLORD/TENANT)
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION
WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE
SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE
WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT
YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT
WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE
COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE
PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER IMPORTANT
RIGHTS. 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, Pennsylvania 17013
(717) 249-3166
By:
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court ID 62063
RICHARD E. BOTTORF, JR., IN THE COURT OF COMMON PLEAS
AND BRENDA L. BOTTORF OF CUMBERLAND COUNTY,
Plaintiffs PENNSYLVANIA
VS. NO. 05 - 4636 CIVIL TERM
SPIRIDOULA L. PAPAROUNIS, :
Defendant CIVIL ACTION (LANDLORD/TENANT)
COMPLAINT
Plaintiff Richard E. Bottorf, Jr., and Brenda L. Bottorf are adult individuals
with a residential address of 810 Sherwood Road, New Cumberland,
Cumberland County, Pennsylvania 17070.
2. Defendant Spiridoula L. Paparounis is an adult individual located at 617
Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070.
On April 15, 2005 the parties entered into a written lease agreement attached
hereto as Exhibit "A".
4. The Residential House Lease Agreement required the Defendant to: "pay,
without demand, to Landlord (i.e. the Plaintiffs), as rent for the House the sum
of $635.00 per month in advance on the last day of each calendar month."
See Paragraph 3 of Exhibit "A".
The Residential House Lease Agreement required the Defendant to pay a "late
payment charge of $5.00 per day, beginning on the I" of the month" if the
rent was not paid on the last day of each calendar month for the next month's
rent. See Paragraph 3 of Exhibit "A".
6. The Residential House Lease Agreement required the Defendant to pay a
security deposit of $635.00 upon execution of the lease. See Paragraph 4 of
Exhibit "A".
7. The Residential House Lease Agreement permitted only one adult (i.e. the
Defendant) and no more than two children under the age of eighteen to
occupy the leased premises. See Paragraph 7 of Exhibit "A".
8. The Defendant completed an "Application for Residency" in which she
clearly identified only herself and two minor children as persons to occupy the
home. A true and correct copy of the Application is attached hereto as Exhibit
«B.,
9. The Residential House Lease Agreement required the Plaintiff s "prior written
consent" if any other persons other than one adult and two children were to
occupy the leased premises. See Paragraph 7 of Exhibit "A". The Plaintiffs
have never consented that any other persons may occupy the premises.
10. The Defendant has paid from April 14, 2005 to August 31, 2005 the following
sums of money to the Plaintiffs (dates refer to the year 2005):
Date of Payment Amount
4/15 $ 400.00 Subtotal April $400.00
5/6 $ 50.00
5/9 $ 50.00
5111 $ 40.00
5/13 $ 30.00
5/16 $ 40.00
5/17 $ 50.00
5/18 $ 50.00
5/19 $ 50.00
5/20 $ 100.00
5/23 $ 25.00
5/24 $ 60.00
5/25 $ 60.00
5/30 $ 160.00 Subtotal May $765.00
6/2 $ 40.00
6/3 $ 50.00
6/3 $ 265.00
6/10 $ 40.00
6/17 $ 30.00
6/23 $ 30.00
6/24 $ 30.00
6/25 $ 40.00 Subtotal June $525.00
7/2 $ 65.00
7/6 $ 120.00
7/21 $ 170.00
7/22 $ 65.00
7/30 $ 116.00
7/30 $ 115.00 Subtotal July $651.00
8/6 $ 70.00
8/12 60.00 Subtotal August $130.00
$2,471.00
11. During the period April 15, 2005 to August 31, 2005 the Defendant owed
$2,857.50 in rent (4.5 months x $635.00 per month).
12. During the period April 15, 2005 to August 31, 2005 the Defendant failed to
pay the security depos it of $635.00.
13. Since April 15, 2005 the Defendant has owed $5.00 per day in penalty charges
since she has never paid the security deposit and never paid the monthly rent
in a timely manner. As of September 23, 2005 the penalty charge totals
$805.00 (161 days x $5.00 per day).
14. On June 27, 2005 the Defendant acknowledged that she had still not paid the
security deposit as set forth in Exhibit "C" which states: "Tenant agrees that
$635.00 security deposit not yet paid & is still due."
15. On July 6, 2005 the Defendant sent notice to the Plaintiffs that: "I am giving
you my written [sic] notice that I will be out of the Apartment on 7/30/05.
Thank you." A true and correct copy of this notice to quit is attached hereto
as Exhibit "D".
16. On July 28, 2005 the Defendant writes another letter stating: "I have been
looking for another place. Nothing has come up yet. I will probably be out by
Mid August or at the end of August. I will be mailing you money everyday. I
will be paid up in my rent by my departure. Thank you." A true and correct
copy of this letter is attached hereto as Exhibit "E".
17. Defendant has acknowledged her own failure to make timely payments under
the lease when she drafted a letter stating that she should have paid $3,492.50
in rent and security deposit from 4/15/05 through 8/31/05 but paid only
$2,365.00 leaving the total unpaid to the Plaintiffs of $1,127.00.
COUNT ONE: UNPAID RENT THROUGH AUGUST 31, 2005
18. Plaintiffs incorporate by reference Paragraphs 1 through 17 as though fully set
forth.
19. Plaintiff is owed the sum of $386.50 in unpaid rent from April 15, 2005
through August 31, 2005. This sum is calculated by deducting all amounts
actually paid ($2,471.00) by the Defendant from the amount due under the
Lease ($2,857.50).
WHEREFORE, Plaintiffs respectfully request an award of $386.50 plus
interest at 6% and court costs due to Defendant's failure to pay rent.
COUNT TWO: UNPAID SECURITY DEPOSIT
20. Plaintiffs incorporate by reference Paragraphs 1 through 19 as though fully set
forth.
21. Plaintiff is owed the sum of $635.00 in a security deposit since the Defendant
has already admitted in writing as of June 30, 2005 that it had not yet been
paid and remained due.
WHEREFORE, Plaintiffs respectfully request an award of $635.00 plus
interest at 6% and court costs due to Defendant's failure to pay the security deposit.
COUNT THREE: OTHER DAMAGES
22. The Lease expressly permits the imposition of a $5.00 per day penalty charge
if the Defendant fails to timely make all payments due under the lease.
23. A total of 161 pays has passed from April 15, 2005 through September 23,
2005 for a total of $805.00 in penalty charges.
24. The Defendant sought to terminate the lease prematurely on July 6, 2005
when she wrote: "I am giving you my written [sic] notice that I will be out of
the Apartment on 7/30/05. Thank you."
25. Defendant remains liable for the unpaid balance of the rent through April 15,
2006 which totals $4,762.50 (7.5 Months at $635.00 per month from 9/1/05 -
4/15/06) in accordance with Paragraph 21 of the Lease.
WHEREFORE, Plaintiffs respectfully request an award of $805.00 in
penalty damages as well as $5.00 per day from 9/24/05 to the entry of judgment,
$4,762.50 in rent due from 9/1/05 to 4/15/06 (less any amounts paid to the
Prothonotary and then paid to the Plaintiffs), interest at 6% and court costs due to
Defendant's failure to timely pay rent or the security deposit and damages caused by
her premature notice to abandon the leased premises effective July 30, 2005.
COUNT FOUR: POSSESSION ORDER IN FAVOR OF PLAINTIFFS
26. Defendant provided written notice to abandon the leased premises effective
July 30, 2005 yet has remained in possession to this date.
27. Defendant has violated the terms of the lease in failing to timely pay rent.
28. Defendant has violated the terms of the lease in failing to pay the security
deposit.
29. Defendant has violated the terms of the lease by allowing another adult known
as "John Stevens" to permanently reside in the leased premises.
30. Defendant has violated the terms of the lease by using excessive amounts of
water causing the Plaintiffs' utility bills for water and sewer to more than
double since "John Stevens" was permitted to move into the residence by the
Defendant.
31. Defendant has violated the terms of the lease by not supervising her children
properly and allowing them to break a banister and a window.
32. Defendant has violated the terms of the lease by causing substantial noise and
otherwise disturbing the downstairs tenant.
WHEREFORE, Plaintiffs respectfully request an immediate Order for
Possession of the leased premises well as an award of Court Costs incurred at the
District Justice of $109.00 in filing a Landlord Tenant Complaint on August 11, 2005.
Respectfully submitted,
Date: September 23, 2005
Certificate of Service
619 Bridge Street
New Cumberland, PA 17070
Supreme Court ID 62063
Attorney for Plaintiffs
I hereby certify that on the date set forth below a true and correct copy of the
foregoing document was served upon the party/parties set forth below by postage
prepaid, first class United States Mail addressed as follows:
Geoffrey M. Biringer, Esquire
Mid Penn Legal Services
8 Irvine Row
Carlisle, PA 17013
By:
St en Howell, E`4uire
owell Law Firm
619 Bridge Street
New Cumberland, PA 17070
Supreme Court ID 62063
Attorney for Plaintiffs
Date: September 23, 2005
VERIFICATION
I/we verify that the statements made in the foregoing document are true and
correct. I/we understand that false statements herein are made subject to the penalties of
18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities.
BY:
Ri ar . Botto
BY: CAL J
Brenda L. Bottor
Date: 91a510s-
RESIDENTIAL HOUSE LEASE AGREEMENT
This Residential House Lease Agreement ("Lease") is made and effective this 4/15/2005
by and between Ric & Brenda Bottorf ("Landlord") and Spiridoula (Laura) Papparounis
("Tenant," whether one or more). This Lease creates joint and several liability in the case
of multiple Tenants.
1. PREMISES.
Landlord hereby rents to Tenant and Tenant accepts in its present condition the house at
following address: 617 Bridge Street 2nd Floor (the "House").
2. TERM.
The term of this Lease shall start on 4/15/2005, and end on 4/14/2006. In the event that
Landlord is unable to provide the House on the exact start date, then Landlord shall
provide the House as soon as possible, and Tenant's obligation to pay rent shall abate
during such period. Tenant shall not be entitled to any other remedy for any delay in
providing the House.
3. RENT.
Tenant agrees to pay, without demand, to Landlord, as rent for the House the sum of
$ 635.00 per month in advance on the last day of each calendar month, at 810 Sherwood
Road New Cumberland, PA 17070, or at such other place as Landlord may designate.
Landlord will impose a late payment charge of $ 5.00 per day, beginning on the 1 st of the
month. Rent will be prorated if the term does not start on the first day of the month or for
any other partial month of the term.
4. SECURITY DEPOSIT.
Upon execution of this Lease, Tenant deposits with Landlord $ 635.00, as security for the
performance by Tenant of the terms of this Lease to be returned to Tenant following the
full and faithful performance by Tenant of this Lease. In the event of damage to the
House caused by Tenant or Tenant's family, agents or visitors, Landlord may use funds
from the deposit to repair, but is not limited to this fund and Tenant remains liable.
5. QUIET ENJOYMENT.
Landlord agrees that if Tenant timely pays the rent and performs the other obligations in
this Lease, Landlord will not interfere with Tenant's peaceful use and enjoyment of the
House.
6. USE OF PREMISES.
A. The House shall be used and occupied by Tenant exclusively as a private Double-
family residence.Tenant has acces to both 2nd & 3rd floor only. Neither the House nor
any part of the House or yard shall be used at any time during the term of this Lease for
the purpose of carrying on any business, profession, or trade of any kind, or for any
purpose other than as a private single-family residence.
B. Tenant shall comply with all the health and sanitary laws, ordinances, rules, and
orders of appropriate governmental authorities and homes associations, if any, with
respect to the House.
7. NUMBER OF OCCUPANTS.
Tenant agrees that the House shall be occupied by no more than One person, including no
more than Two children under the age of eighteen (18) years, without the prior written
consent ofLandlord.
8. CONDITION OF PREMISES.
A. Tenant agrees that Tenant has examined the House, including the grounds and all
buildings and improvements, and that they are, at the time of this Lease, in good order,
good repair, safe, clean, and tenantable condition.
B. Landlord and Tenant agree that a copy of the "Joint Inspection," the original of which
is maintained by Landlord and a copy provided to Tenant, attached hereto reflects the
condition of the House at the commencement of Tenant's occupancy
9. ASSIGNMENT AND SUBLETTING.
A. Tenant shall not assign this Lease, or sublet or grant any concession or license to use
the House or any part of the House without Landlord's prior written consent.
B. Any assignment, subletting, concession, or license without the prior written consent of
Landlord, or an assignment or subletting by operation of law, shall be void and, at
Landlord's option, terminate this Lease.
10. ALTERATIONS AND IMPROVEMENTS.
A. Tenant shall make no alterations to the House or construct any building or make other
improvements without the prior written consent of Landlord.
B. All alterations, changes, and improvements built, constructed, or placed on or around
the House by Tenant, with the exception of fixtures properly removable without damage
to the House and movable personal property, shall, unless otherwise provided by written
agreement between Landlord and Tenant, be the property of Landlord and remain at the
expiration or earlier termination of this Lease.
11. DAMAGE TO PREMISES.
If the House, or any part of the House, shall be partially damaged by fire or other casualty
not due to Tenant's negligence or willful act, or that of Tenant's family, agent, or visitor,
there shall be an abatement of rent corresponding with the time during which, and the
extent to which, the House is untenantable. If Landlord shall decide not to rebuild or
repair, the term of this Lease shall end and the rent shall be prorated up to the time of the
damage.
Dgn.7 nfA
12. DANGEROUS MATERIALS.
Tenant shall not keep or have on or around the House any article or thing of a dangerous,
inflammable, or explosive character that might unreasonably increase the danger of fire
on or around the House or that might be considered hazardous.
13. UTILITIES.
Tenant shall be responsible for arranging and paying for all utility services required on
the premises, except Landlord will provide:: Heat, W/S/T.. Tenant shall not default on
any obligation to a utility provider for utility services at the House.
14. MAINTENANCE AND REPAER.
A. Tenant will, at Tenant's sole expense, keep and maintain the House and appurtenances
in good and sanitary condition and repair during the term of this Lease. In particular,
Tenant shall keep the fixtures in the House in good order and repair; keep the furnace
clean; and keep the walks free from dirt and debris. Tenant shall, at Tenant's sole
expense, make all required repairs to the plumbing, range, oven heating apparatus,
electric and gas fixtures, other mechanical devices and systems, floors, ceilings and walls
whenever damage to such items shall have resulted from Tenant's misuse, waste, or
neglect, or that of the Tenant's family, agent, or visitor.
B. Tenant agrees that no signs shall be placed or painting done on or about the House by
Tenant without the prior written consent of Landlord.
C. Tenant agrees to promptly notify Landlord in the event of any damage, defect or
destruction of the House, or the failure of any of Landlord's appliances or mechanical
systems, and except for repairs or replacements that are the obligation of Tenant pursuant
to Subsection A above, Landlord shall use its best efforts to repair or replace such
damaged or defective area, appliance or mechanical system.
15. ANIMALS.
Tenant shall keep no domestic or other animals in or about the House without the prior
written consent of Landlord.
16. RIGHT OF INSPECTION.
Landlord and Landlord's agents shall have the right at all reasonable times during the term
of this Lease and any renewal of this Lease to enter the House for the purpose of
inspecting the premises and/or making any repairs to the premises or other item as
required under this Lease.
17. DISPLAY OF SIGNS.
During the last thirty (30) days of this Lease, Landlord or Landlord's agent may display
"For Sale" or "For Rent" or "Vacancy"-orsimiiarzigns on or about the-House and enter to
show the House to prospective purchasers or tenants.
V- 1 ..FA
expiration of the Term of this Lease, a new tenancy from month to month shall be created
which shall be subject to all the terms and conditions of this Lease, but shall be
terminable on thirty (30) days by either parry or longer notice if required by law. If
Tenant holds over without Landlord's consent, Landlord is entitled to double rent, pro-
rated per each day of the holdover, lasting until Tenant leaves the House.
19. SURRENDER OF PREMISES.
At the expiration of the Lease, Tenant shall quit and surrender the House in as good a
condition as it was at the commencement of this Lease, reasonable wear and tear and
damages by the elements excepted.
20. FORFEITURE OF SECURITY DEPOSIT - DEFAULT.
It is understood and agreed that Tenant shall not attempt to apply or deduct any portion of
any security deposit from the last or any month's rent or use or apply any such security
deposit at any time in lieu of payment of rent. If Tenant fails to comply, such security
deposit shall be forfeited and Landlord may recover the rent due as if any such deposit
had not been applied or deducted from the rent due. For the purposes of this paragraph, it
shall be conclusively presumed that a Tenant leaving the Premises while owing rent is
making an attempted deduction of deposits. Furthermore, any deposit shall be held as a
guarantee that Tenant shall perform the obligations of the Lease and shall be forfeited by
the Tenant should Tenant breach any of the terms and conditions of this Lease. In the
event of default, by Tenant, of any obligation in this Lease which is not cured by Tenant
within fifteen (15) days notice from Landlord, then in addition to forfeiture of the
Security Deposit, Landlord may pursue any other remedy available at law, equity or
otherwise.
21. ABANDONMENT.
If at any time during the term of this Lease, Tenant abandons the House or any of Tenant's
personal property in or about the House, Landlord shall have the following rights:
Landlord may, at Landlord's option, enter the House by any means without liability to
Tenant for damages and may relet the House, for the whole or any part of the then
unexpired term, and may receive and collect all rent payable by virtue of such reletting;
Also, at Landlord's option, Landlord may hold Tenant liable for any difference between
the rent that would have been payable under this Lease during the balance of the
unexpired term, if this Lease had continued in force, and the net rent for such period
realized by Landlord by means of such reletting. Landlord may also dispose of any of
Tenant's abandoned personal property as Landlord deems appropriate, without liability to
Tenant. Landlord is entitled to presume that Tenant has abandoned the House if Tenant
removes substantially all of Tenant's furnishings from the House, if the House is
unoccupied for a period of two (2) consecutive weeks, or if it would otherwise be
reasonable for Landlord to presume under the circumstances that the Tenant has
abandoned the House.If the House is determined by the Landlord to be Abandoned Renter
shall lose all rights to the security deposit of $ 635.00 as if it was never paid.
Pogo A M. K
22. SECURITY.
Tenant acknowledges that Landlord does not provide a security alarm system or any
security for the House or for Tenant and that any such alarm system or security service, if
provided, is not represented or warranted to be complete in all respects or to protect
Tenant from all harm. Tenant hereby releases Landlord from any loss, suit, claim, charge,
damage or injury resulting from lack of security or failure of security.
23. SEVERABILITY.
If any part or parts of this Lease shall be held unenforceable for any reason, the remainder
of this Agreement shall continue in full force and effect.
24. INSURANCE.
Tenant acknowledges that Landlord will not provide insurance coverage for Tenant's
property, nor shall Landlord be responsible for any loss of Tenant's property, whether by
theft, fire, acts of God, or otherwise.
25. BINDING EFFECT.
The covenants and conditions contained in the Lease shall apply to and bind the heirs,
legal representatives, and permitted assigns of the parties.
26. GOVERNING LAW.
It is agreed that this Lease shall be governed by, construed, and enforced in accordance
with the laws of the State of Pennsylvania, County of Cumberland
27. ENTIRE AGREEMENT.
This Lease shall constitute the entire agreement between the parties. Any prior
understanding or representation of any kind preceding the date of this Lease is hereby
superseded. This Lease may be modified only by a writing signed by both Landlord and
Tenant.
28. NOTICES.
Any notice required or otherwise given pursuant to this Lease shall be in writing; hand
delivered, mailed certified return receipt requested, postage prepaid, or delivered by
overnight delivery service, if to Tenant, at the House and if to Landlord, at the address for
payment of rent.
29. APPLIANCES
The following appliances are provided : Electric Range W/ Oven, Washer Dryer Combo,
Air Conditioner, Refrigerator, Ceiling fan
TENANTS AGREE TO THE FOLLOWING
1) To accept dwelling "as is" having inspected it.
2) To keep Yards and Garbage areas well kept and clean
3) To keep from making load noises and disturbances and to play music and broadcast
programs at levels not to disturb other peoples peace and quite
P.n. S nPo;
4) Not to paint or change the dwelling in any way without first getting written permission
from Landlord.
5) To park their vehicle in the off street parking area provided by the Bourgh and keep
those spaces clean of oil drippings and grease
6) Do not rev vehicle engines loudly as to disturb neighbors.
7) Not to repair their motor vehicle on the premises if such repairs will take more than 12
hour to complete.
8) To allow owners to inspect the dwelling, work on the dwelling, or to show the
dwelling to perspective tenants at any and all reasonal times
9) To not keep water filled furniture in this dwelling
10) To pay rent by check, cashiers check, cash, or money order made payable to Brenda
Bottorf. ( checks must be good when presented or applicable late fees will apply plus a
$30.00 bad check fee. )
11) To pay for repairs of all damage they or their family or guests have caused.
12) To pay for all repairs of all broken windows or window components that are broken
during tenantry.
13) Tenants are responsible for keeping a well groomed lawn and keeping all parking
areas and side walks clear of ice and snow. If the landlord must cut grass or remove ice
and snow there will be a $ 45.00 fee. (non-negotiable)
IN WITNESS WHEREOF, the parties have caused this Lease to be executed the day and
year first above written. Once signed this lease cannot be cancelled without Landlord
receiving a written request. furthermore, I understand that the Landlord is entitled to all
monies described in this Lease upon receiving due notice of cancellation that would fulfill
the tenants financial obligations as if this Lease had been executed to the term of this
Lease.;
( $ 7,620.00 )
Owner Renter
41//`
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Penn !. of r
APPLICATION FOR RESIDENCY
Drivers LicensQ 36-j
Rent AmountStl Years there
Employer_ ^ S'
Address 'At -t
Position AA-ItEY=-s there'
`
PhoneyMa.GrossS I WD
Previous
Previous
CO-APPLICANT:
Name:
Address
Phaneq D/O/B
SS#
Drivers License#
Landlord Phone;
Address
Rent ArnountS Years there
Employer
Address
Position Years there
Phoney Mo.GrossS
Previous Address
Landlord
Phoney No.years
Previous Employer
Phoney No.years
Position No.years
COLTMANDTNG DEPT:
Creditor/Name on Acct./Montlsly Payment
3)
5)
EAURGENCY NOTIFI EMERGENCY NOTIFICATION:
Name?\A?j Name
Address G / A?5 Address
Relationship Phoney (Oj7?' Relationship Phoney
Vehicles : A
Year ) Make_ -?--??/
State T Licensey L 2 50
X
Ve id
Year Make
State Licensa
OUTSTANDING DEBT: Ci Sou
Creditor/Nam on Acct./ oath! o
lk OF OWNER OF RM: 1'?, I !ems' Q, (1,
list all other ttersons to occuny the home
Relationshio SC?fL?
Why are you leaving your present residence. iv IF" Awl ,,,.,,
Any litigation, such m evictions, suits, judgements, bankruptcies, foreclosures,
If yes, explain:
Have your ever beer convicted of any criminal offense?
Yes
D/O/B ?Jal 9
:c.? yes no
If yes, give details & dates:
Have you ever broken a lease or been evicted from any type of housing? yes ' no
If yes, explain:__
Personal References. (Do not list names you have already used on this application)
Name & Address: r
-- No Pe ,
Coigr Weight Height Last Rabies Shot
on home being purchased
No.
Serial
Sales
Purchase Pn \ Down Yaymenta?etmount rmzamw
Monthl aymcnt5 No. of Payments
PLEASE READ ALL TERMS BELOW AND SIGN
It is understood that the premises are to be used as a residence to be occupied by not more than persons and
that occupancy is subject to possession being delivered by present occupant. A non-refundable application fee in the
sum of S 35 00 received on has been deposited with the landlord, with the clear understanding that
this application, including each prospective occupant, is subject to approval and acceptance by Landlord its its sole
discretion. I hereby authorize Landlord to obtain information it deems desirable in the processing of my
application, including; credit reports, civil or criminal actions, rental history, employment/salary details, police and
vehicle records, and any other relevant information; and release Landlord, its employees and agents from all liability
for any damage whatsoever incurred in furnishing or obtaining such information. Upon approval and acceptance,
the applicant agrees to execute a lease before possession is given and to pay the security deposit and the first month's
rent at the signing of the lease. The applicant hereby waives any claim for damages by reason of non-acceptance of
this application which the Landlord or his agent may reject without stating reasons for so doing. It is further
agreed that if any information herein is false, the lease made on the strength of this application may, at the option
of the Landlord, be terminated at any tint. A new application is required if purchase of the home does not occur
within forty-five (45) days from the date of signature below. Applicant received copies of the lease, community
Jrules & regulations. and the pet agreement prior to signing this application.
AA AA1.
Date Signatu e
Dare Signature
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RECEIVE-0 H 2 9
RICHARD E. BOTTORF, JR., IN THE COURT OF COMMON PLEAS
AND BRENDA L. BOTTORF OF CUMBERLAND COUNTY,
Plaintiffs PENNSYLVANIA
VS. NO. 05 - 4636 CIVIL TERM
SPIRIDOULA L. PAPAROUNIS,
Defendant CIVIL ACTION (LANDLORD/TENANT)
Rule to Show Cause
401,1
AND NOW, this 0 day of 0dt^ , 2005 it is hereby
ORDERED that a Rule to Show Cause is issued upon the Defendant to show cause if
any she might have why the relief requested in Plaintiffs Petition to Release Escrow
Funds and Terminate the Supersedeas and award immediate possession of the premises to
the Plaintiffs in accordance with Pa. R.C.P.D.J. 1008 B should not be granted. Rule
returnable within ,?U days of service by postage prepaid, first class United States Mail
upon Defendant's counsel of record.
THE COURT:
J.
Certified Copies To:
even Howell, Esquire (Plaintiffs' Counsel)
Howell Law Firm
619 Bridge Street
New Cumberland, PA 17070
Xeoffrey M. Biringer, Esquire (Defendant's Counsel)
Mid Penn Legal Services
?`ad
S
8 Irvine Row
Carlisle, PA 17013
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£ 1 E ?;?t}- t?Q 5002
RICHARD E. BOTTORF, JR„
AND BRENDA L. BOTTORF
Plaintiffs
VS.
SPIRIDOULA L. PAPAROUNIS,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05 - 4636 CIVIL TERM
PETITION TO TERMINATE SUPERSEDEAS
Upon motion of the Plaintiffs please terminate the supersedeas in the within
action for failure of the Defendant/Appellant to pay monthly rental as required by Pa.
R.C.P.D.J. No. 1008 for a period in excess of thirty (30) days. The last payment was
made on September 8, 2005 for $469.00. The thirtieth day for the next payment of
$635.00 expired on October 10, 2005.
Respectfully submitted,
By:
*'en well, Es ire
Howell Law Firm
619 Bridge Street
New Cumberland, PA 17070
Supreme Court ID 62063
Attorney for Plaintiffs
NOTATION BY PROTHONOTARY
Upon confirmation of failure of the Defendant/Appellant to deposit the monthly rent for
more than thirty (30) days, the supersedeas for possession is terminated.
BY:
Date:
Certificate of Service
I hereby certify that on the date set forth below a true and correct copy of the
foregoing document was served upon the party/parties set forth below by postage
prepaid, first class United States Mail addressed as follows:
Geoffrey M. Biringer, Esquire
Mid Penn Legal Services
8 Irvine Row
Carlisle, PA 17013
Geoffrey M. Biringer, Esquire
Mid Penn Legal Services
Suite 103
401 East Louther Street
Carlisle, PA 17013
By:
StKen Howell, R/q&re
Howell Law Firm
619 Bridge Street
New Cumberland, PA 17070
Supreme Court ID 62063
Attorney for Plaintiffs
Date: October 11, 2005
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RICHARD E. BOTTORF, JR., : IN THE COURT OF COMMON PLEAS
And BRENDA L. BOTTORF, : OF CUMBERLAND COUNTY,
Plaintiffs
NO. 05 - 4636 CIVIL TERM
Vs.
SPIRINDOULA L. PAPAROUNIS, CIVIL ACTION (LANDLORD/TENANT)
Defendant
DEFENDANT'S ANSWER WITH NEW MATTER
AND AFFIRMATIVE DEFENSES
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted that the lease required payment upon execution. Denied, however,
that Plaintiffs insisted on full payment. Plaintiffs agreed to accept the deposit in
increments, and Defendant paid Eighty-Three Dollars ($83) of the total amount.
7. Admitted in part that the Lease provided for one adult and two children.
Denied, however, that Plaintiffs insisted on that composition as Plaintiffs were aware of
the presence of John Stevens and took no action for months to oust him.
8. Admitted.
9. Admitted in part that the Agreement requires written consent. Denied,
however, that Plaintiffs did not consent, as they were aware of John Stevens' presence
and took no action for months to oust him.
10. Admitted.
11. Denied. As more fully set out in New Matter and Affirmative Defenses
below, Defendant does not owe the Plaintiffs the monies sought due to the condition of
the leased premises.
12. Admitted that all but $83 of the deposit was not paid, but denied that the
balance was due at any set time, as the Plaintiffs agreed to accept the amount requested in
increments.
13. Denied. As more fully set out in New Matter and Affirmative Defenses
below, said charges are exorbitant and amount to an uncollectible penalty.
14. Admitted.
15. Admitted.
16. Denied that Exhibit "E" is a true and correct copy. The document has been
written on by another hand at the bottom.
17. Denied. Plaintiffs refer to a letter but fail to attach it to the Complaint.
Further denied , as set out more fully in New Matter and Affirmative Defenses, in that the
premises were not worth the contract rent due to the condition of the premises.
COUNT ONE: UNPAID RENT THROUGH 8/31/05
18. No response required.
19. Denied. As more fully set out in New Matter and Affirmative Defenses
below, Defendant does not owe the market rent due to the condition of the leased
premises.
WHEREFORE, Defendant respectfully requests that Plaintiffs' Complaint be
dismissed and judgment entered for Defendant.
COUNT TWO - UNPAID SECURITY DEPOSIT
20. No response required.
21. Denied in part. Defendant has paid the sum of Eighty-Three Dollars ($83)
toward the security deposit.
WHEREFORE, Defendant respectfully requests that Plaintiffs' Complaint be
dismissed and judgment entered for Defendant.
COUNT THREE - OTHER DAMAGES
22. Admitted that the Lease permits the charge, but, as more fully set out in New
Matter and Affirmative Defenses, the charge is an uncollectible penalty.
23. Admitted in part. Denied that "penalty charges" are collectible amounts.
24. Admitted.
25, Denied. As set out more fully in New Matter and Affirmative Defenses,
Defendant does not owe any unpaid balance of rent under a Lease that is a contract of
adhesion, and is a penalty provision that does not reflect the true cost of uncollected rent.
WHEREFORE, Defendant respectfully requests that Plaintiffs' Complaint be
dismissed and judgment entered for the Defendant.
COUNT FOUR - POSSESSION ORDER IN FAVOR OF PLAINTIFFS
26. Admitted.
27. Denied. As more fully set out in New Matter and Affirmative Defenses
below, Defendant owes no rent.
28. Denied. Plaintiff agreed to accept the security deposit in increments and
Defendant made a payment pursuant to that agreement.
29. Denied. Plaintiffs were aware of the presence of John Stevens at all times
and waived their right to insist on the family composition in the Lease by their failure to
act to remove him earlier.
30. Denied. Defendant is without information sufficient to form a belief as to the
truth of the averment and proof thereof is demanded at trial.
31. Denied. Defendant's children are well -supervised. Further, the banister and
window were of inferior quality and were poorly installed.
32. Denied. Defendant and her family make no more noise than an average
family of four living above another apartment.
WHEREFORE, Defendant respectfully requests that Plaintiffs' Complaint be
dismissed and judgment entered for Defendant.
NEW MATTER
33. Paragraphs 1-32 are incorporated herein by reference hereto.
34. Plaintiffs leased the subject premises to the Defendant knowing there were
substantial and material defects to the leased premises.
35. These defects only became known to the Defendant upon her move-in.
36. The Defendant relied upon the Plaintiffs' assurances that the unit was in
standard condition.
37. The said defects included, but were not limited to, the following:
a. upstairs window glued on from the outside, broken glass;
b. broken railing going upstairs;
c. refrigerator leaking water at all times;
d. burners on stove inconsistent;
e. patio door incorrectly installed;
f. gas smell in kitchen;
g. toilet not working *(fixed 6/26/05);
h. closet door in LR off hinges;
i. broken faceplates;
j. junction box location prevents door opening;
k. no working phone jacks;
l; holes in closet;
m. cracked step going upstairs;
n. 2 ceiling areas coming down in kitchen;
o. leaks in first floor bathroom.
38. Defendant told the Plaintiffs about the existence of the above-listed defects.
39. Despite said knowledge, Plaintiffs fixed only the toilet during the
Defendant's leasehold.
40. Defendant offered to make some or the repairs herself, but the Plaintiffs
rejected the offer.
41. Due to the existence of these defects, and during the entire term of the
tenancy, said living space was worth no more than, at anytime, Three Hundred and Fifty
Dollars ($350) per month.
42. Plaintiffs took advantage of their unequal bargaining power at the inception
of the lease in the following respects:
a. imposing a late payment of $5/day, far in excess of the legal limit for
interest. (Lease, Para.3)
b. attempted waiver of the implied warranty of habitability (Lease, Para.8,
Para.14).
AFFIRMATIVE DEFENSES
1. IMPLIED WARRANTY OF HABITABILITY
43. Paragraphs 1-42 are incorporated herein by reference hereto.
44. Plaintiffs rented the subject dwelling to Defendant knowing that the defects
listed in Paragraph 36 above existed.
45. When Defendant became aware of the extensive nature of the defects, she
contacted the Plaintiffs who promised to make repairs.
46. Other than the toilet, Plaintiffs made no repairs to the leased premises.
47. As a result, the value of the premises to the Defendant was less than the
market rent of $635 per month.
48. Defendant believes, and therefore avers, that the premises were worth no
more than Three Hundred Fifty Dollars per month ($350) during the entire tenancy.
49. As a result, Defendant overpaid her rent in the amount of $867 (through
October, 2005).
WHEREFORE, Defendant respectfully requests that this Court award judgment
in her favor and against Plaintiffs for Eight Hundred Sixty Seven Dollars ($867) in the
nature of setoff against any amounts found due by the Defendant, within the amount
subject to compulsory arbitration.
IL UNFAIR TRADE PRACTICES AND
CONSUMER PROTECTION LAW
50. Paragraphs t-49 are incorporated herein by reference hereto.
51. By leasing the subject premises to the Defendant knowing they were not in
standard condition, Plaintiffs misled the Defendant into thinking that the premises were
in standard condition, which violates Pennsylvania's Unfair Trade Practice and
Consumer Protection Law, at 73 P.S. §201-2(4)(ii)(iii)(v)(vii)(xxi).
52. As a result, Defendant suffered actual damage in the amount of $867.
WHEREFORE, Defendant requests that this Court award Defendant treble the
actual damages as is permitted by 73 P.S.§201-9.2, or Two Thousand Six Hundred and
One Dollar ($2,601) against the Plaintiffs in the nature of setoff against any amounts
found to be due by the Defendnt.
III. CONTRACT OF ADHESION
53. Paragraphs 1-52 are incorporated herein by reference hereto.
54. Plaintiffs' late fee of $5/day is exorbitant and far in excess of the legal limit
for the late payment of sums of money.
55. As such, said late fee was not fairly bargained for and does not represent a
meeting of the minds.
56. Defendant's waiver of her right to challenge the condition of the premises
upon the inception of the lease was not fairly bargained for and does not represent a
meeting of the minds.
WHEREFORE, Defendant requests that this Court strike Paragraphs 3, 8, and 14
of Plaintiffs' lease, reduce any recovery owed to Plaintiffs by the amount of the late fees,
and proceed to set-off any recovery due the Defendant by Count I of her affirmative
Defense.
Respectfully submitted,
By:
Geoffrey M. Biringer, Esq.
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
Supreme Court ID#18040
Attorney for Defendant
VERIFICATION
I verify that the statements made in the foregoing document are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
By:S&AM13Jr1,?-1P a k)9
Spiridoula L. Paparounis
Certificate of Service
I hereby certify that on the date set forth below a true and correct copy of the
foregoing document was served upon the party/parties set forth below by postage
prepaid, first class United States Mail addressed as follows:
Steven Howell, Esquire
Howell Law Firm
619 Bridge Street
New Cumberland, PA 17070
/9? /)-5-
Geoffrey M. Beringer
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
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RICHARD E. BOTTORF, JR., : IN THE COURT OF COMMON PLEAS
And BRENDA L. BOTTORF, : OF CUMBERLAND COUNTY,
Plaintiffs
NO. 05 - 4636 CIVIL TERM
Vs. :
SPIRINDOULA L. PAPAROUNIS, CIVIL ACTION (LANDLORD; TENANT)
Defendant
DEFENDANT'S ANSWER TO PLAINTIFFS'
PETITION TO RELEASE FUNDS AND TERMINATE THE SUPERSEDEAS IN
ACCORDANCE WITH PA.R.C.P.D.J.N0.1008B
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted that the lease required payment upon execution. Denied, however,
that Plaintiffs insisted on full payment. Plaintiffs agreed to accept the deposit in
increments, and Defendant paid Eighty-Three Dollars ($83) of the total amount.
7. Admitted in part that the Lease provided for one adult and two children.
Denied, however, that Plaintiffs insisted on that composition as Plaintiffs were aware of
the presence of John Stevens and took no action for months to oust him.
8. Admitted.
9. Admitted in part that the Agreement requires written consent. Denied,
however, that Plaintiffs did not consent, as they were aware of John Stevens' presence
and took no action for months to oust him.
10. Admitted.
11. Denied. As more fully set out in New Matter below, Defendant does not owe
the Plaintiffs the monies sought due to the condition of the leased premises.
12. Admitted that all but $83 of the deposit was not paid, but denied that the
balance was due at any set time, as the Plaintiffs agreed to accept the amount requested in
increments.
13. Denied. As more fully set out in New Matter below, said charges are
exorbitant and amount to an uncollectible penalty.
14. Admitted.
15. Admitted.
16. Denied that Exhibit "E" is a true and correct copy. The document has been
written on by another hand at the bottom.
17 Admitted as to the letter. Denied, asset out more fully in New Matter, in
that the premises were not worth the contract rent due to the condition of the premises.
18. Admitted.
19. Denied. As more fully set out in New Matter,
Defendant does not owe the market rent due to the condition of the leased premises.
20. Denied. Plaintiffs permitted the Defendant to pay the security deposit in
installments, and never set a due date for payment of the entire amount.
21. Denied. Plaintiffs were aware of the presence of "John Stevens" and did not
take any action, either by warning or pursuit of his eviction to oust him.
22. Denied. Defendant's water usage was normal with John Stevens in residence
and denied further in that Defendant does not have information sufficient to form a belief
as to the truth of the averment and truth thereof is demanded at trial.
23 Denied. Defendant watches her young children closely. The banister and the
window were broken before the Defendant let the premises.
24. Denied. Defendant creates no more noise than the average 4-person
household and is not aware of any disturbance of the downstairs tenant.
25. Admitted.
26. Admitted as to the Rule, but denied as to the market value of similar
apartments as Defendant is without information sufficient to form a belief as to the truth
of the averment and demands proof thereof at trial.
27. Denied. As Defendant set out in her Answer with New Matter and
Affirmative Defenses to Plaintiffs' Complaint, any rent that is found due, is offset by
Defendant's claims under the implied warranty of habitability and the Unfair Trade
Practices and Consumer Protection Act.
28. Denied. "Notice to abandon" is irrelevant if Defendant complies with
Pa.R.C.P.D.J.No. 1008B.
29. Denied. Whether there was a breach of the lease is irrelevant as long as
Defendant is in compliance with Pa.R.C.P.D.J.No.1008B.
30. Admitted.
WHEREFORE, Defendant requests that this Court strike Plaintiff's Petition,
refusing an Order for Possession until this litigation is complete, and refusing to release
funds in escrow at the present time, due to Defendant's New Matter and Affirmative
Defenses set forth below.
NEW MATTER
31. Paragraphs 1-30 are incorporated herein by reference hereto.
32. Plaintiffs leased the subject premises to the Defendant knowing there were
substantial and material defects to the leased premises.
33. These defects only became known to the Defendant upon her move-in.
34. The Defendant relied upon the Plaintiffs' assurances that the unit was in
standard condition.
35. The said defects included, but were not limited to, the following:
a. upstairs window glued on from the outside, broken glass;
b. broken railing going upstairs;
c. refrigerator leaking water at all times;
d. burners on stove inconsistent;
e. patio door incorrectly installed;
f. gas smell in kitchen;
g. toilet not working *(fixed 6/26/05);
h. closet door in LR off hinges;
i. broken faceplates;
j. junction box location prevents door opening;
k. no working phone jacks;
1; holes in closet;
in. cracked step going upstairs;
n. 2 ceiling areas coming down in kitchen;
o. leaks in first floor bathroom.
36. Defendant told the Plaintiffs about the existence of the above-listed defects.
37. Despite said knowledge, Plaintiffs fixed only the toilet during the
Defendant's leasehold.
38. Defendant offered to make some or the repairs herself, but the Plaintiffs
rejected the offer.
39. Due to the existence of these defects, and during the entire term of the
tenancy, said living space was worth no more than, at anytime, Three Hundred and Fifty
Dollars ($350) per month.
40. Plaintiffs took advantage of their unequal bargaining power at the inception
of the lease in the following respects:
a. imposing a late payment of $5/day, far in excess of the legal limit for
interest.(Lease, Para.3)
Para. 14).
b. attempted waiver of the implied warranty of habitability (Lease, Para.8,
AFFIRMATIVE DEFENSES
1. IMPLIED WARRANTY OF HABITABILITY
41. Paragraphs 1-40 are incorporated herein by reference hereto.
42. Plaintiffs rented the subject dwelling to Defendant knowing that the defects
listed in Paragraph 36 above existed.
43. When Defendant became aware of the extensive nature of the defects, she
contacted the Plaintiffs who promised to make repairs.
44. Other than the toilet, Plaintiffs made no repairs to the leased premises.
45. As a result, the value of the premises to the Defendant was less than the
market rent of $635 per month.
46. Defendant believes, and therefore avers, that the premises were worth no
more than Three Hundred Fifty Dollars per month ($350) during the entire tenancy.
47. As a result, Defendant overpaid her rent in the amount of $867 (through
October, 2005).
WHEREFORE, Defendant respectfully requests that this Court award judgment
in her favor and against Plaintiffs for Eight Hundred Sixty Seven Dollars ($867) in the
nature of setoff against any amounts found due by the Defendant, within the amount
subject to compulsory arbitration.
Il. UNFAIR TRADE PRACTICES AND
CONSUMER PROTECTION LAW
48. Paragraphs 1-47 are incorporated herein by reference hereto.
49. By leasing the subject premises to the Defendant knowing they were not in
standard condition, Plaintiffs misled the Defendant into thinking that the premises were
in standard condition, which violates Pennsylvania's Unfair Trade Practice and
Consumer Protection Law, at 73 P.S. §201-2(4)(ii)(iii)(v)(vii)(xxi).
50. As a result, Defendant suffered actual damage in the amount of $867.
WHEREFORE, Defendant requests that this Court award Defendant treble the
actual damages as is permitted by 73 P.S.§201-9.2, or Two Thousand Six Hundred and
One Dollar ($2,601) against the Plaintiffs in the nature of setoff against any amounts
found to be due by the Defendant.
III. CONTRACT OF ADHESION
51. Paragraphs 1-50 are incorporated herein by reference hereto.
52. Plaintiffs' late fee of $5/day is exorbitant and far in excess of the legal limit
for the late payment of sums of money.
53. As such, said late fee was not fairly bargained for and does not represent a
meeting of the minds.
54. Defendant's waiver of her right to challenge the condition of the premises
upon the inception of the lease was not fairly bargained for and does not represent a
meeting of the minds.
WHEREFORE, Defendant requests that this Court strike Paragraphs 3, 8, and 14
of Plaintiffs' lease, reduce any recovery owed to Plaintiffs by the amount of the late fees,
and proceed to set-off any recovery due the Defendant by Count I of her affirmative
Defense.
Respectfully submitted,
By: A
Geoffrey M. Biringer, Esq.
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
Supreme Court ID#18040
Attorney for Defendant
VERIFICATION
I verify that the statements made in this Answer,are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Purdon's Statutes
Section 4904 relating to unsworn falsification to authorities.
Wendy Marpoe, Def n ant
Certificate of Service
I hereby certify that on the date set forth below a true and correct copy of the
foregoing document was served upon the party/parties set forth below by postage
prepaid, first class United States Mail addressed as follows:
Steven Howell, Esquire
Howell Law Firm
619 Bridge Street
New Cumberland, PA 17070
Date: / c-"I
Geoffrey M. Biringer
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
RICHARD E. BOTTORF, JR., : IN THE COURT OF COMMON PLEAS
And BRENDA L. BOTTORF, : OF CUMBERLAND COUNTY,
Plaintiffs
NO. 05 - 4636 CIVIL TERM
Vs.
SPIRINDOULA L. PAPAROUNIS, CIVIL ACTION (LANDLORD/TENANT)
Defendant
DEFENDANT'S ANSWERS TO PLAINTIFF'S
REQUEST FOR ADMISSIONS: FIRST SET
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5, Admitted.
6, Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
I0.Denied. Neither Defendant, nor a member of her family, nor a guest dyed any
clothes anywhere in the apartment during the time of her tenancy.
I t.Admitted.
12.Admitted.
13.Admitted.
14.Admitted.
15.Admitted.
t6.Admitted.
17.Admitted.
18.Denied. Both the Defendant and John Stevens had changed their address
before their eviction.
19.Admitted.
20.Denied. Defendant's argument with John Stevens was about the apartment
which John Stevens was advising the Defendant not to take because of the poor condition
it was in.
21.Denied. It was within several days that John Stevens was allowed to move
into the apartment.
22.Denied. When John Stevens moved in, Defendant called the Plaintiffs and
advised them of the move-in. Plaintiff inquired whether he had ajob and asked for the
payment of the security deposit.
23.Denied. Plaintiff's said he could move in when he's ready.
24.Denied. Defendant made no such statement to any one.
25.Denied. Defendant made no such statement to anyone.
26.Denied. The son's injury came before the eviction action and had nothing to
do with it.
27.Denied. The child slipped on a dangerous surface and fell in to an improperly
mounted glass door.
28.0bjection. Defendant's communication with a lawyer is confidential and not
subject to discovery.
29.Admitted.
30.Denied. From the move-in to the move-out, there never were any phone jack
covers in the apartment.
MIDPENN LEGAL SERVICES
By:
Geoffrey M. Biringer
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
Sup. Ct. ID # 18040
Certificate of Service
I hereby certify that on the date set forth below a true and correct copy of the
foregoing document was served upon the party set forth below by postage prepaid, first
class United States Mail, addressed as follows:
Steven Howell, Esquire
619 Bridge Street
New Cumberland, PA 17070
Date: Z;2,-1-3-le 5 -
By: Geoffrey M. Biringer
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
VERIFICATION
The Defendant, Spiridoula L. Paparounis, verifies that the statements made in the
above Answer to Plaintiffs Request For Admissions are true and correct. The Defendant
understands that false statements herein are made subject to the penalties of 18 PA C.S.
§4904, relating to unsworn falsification to authorities.
Date:
Sprridoula L. Paparouni
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RICHARD E. BOTTORF, JR.,
AND BRENDA L. BOTTORF
Plaintiffs
VS.
SPIRIDOULA L. PAPAROUNIS,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05 - 4636 CIVIL TERM
CIVIL ACTION (LANDLORD/TENANT)
REPLY TO NEW MATTER
33. No response required. If a response were required, Plaintiffs incorporate by
reference Paragraphs 1 - 32 of the Complaint.
34. DENIED AS STATED. At the time the Defendant leased the premises, in
plain view on the kitchen ceiling was a small patch of chipped paint. This
area was expressly pointed out to the Defendant by the Plaintiffs. Every other
major system was in full working order. In fact, the immediate past tenant,
was not charged anything against her security deposit. The premises had
been left in excellent condition after nearly one year of her occupancy.
35. DENIED AS STATED. Plaintiffs incorporate by reference their response in
Paragraph 34.
36. DENIED AS STATED. Plaintiffs incorporate by preference their response in
Paragraph 34.
37. DENIED AS STATED. Plaintiffs incorporate by reference their response in
Paragraph 34.
a. The window in the 3`d storey bedroom facing the next building is
permanently shut. The other window in the 3`d storey facing Bridge
Street and a porch above the first storey is operable for egress. The
Defendant expressly agreed that she did not want the permanently
shut window replaced for fear her 10 year old son - who was
normally unsupervised - would fall out the window.
b. The stair railing was intact at the time the property was leased and was
intact at the time of eviction so this allegation is without merit. There
is a damaged railing in the 3`d storey bedroom caused by the
Defendant's ten year old son playing kickball as shown on Exhibit
"A,>
C. The refrigerator does not leak. It does not have a frost free feature so
common knowledge is that when you deftest the freezer water will be
the likely result if you do not remove the ice particles.
d. The burners are fully operable. The drip pans below the burners are
slightly loose. Defendant had no trouble using the burners because she
left a burn mark on the kitchen counter perfectly shaped like the
burners as shown on Exhibit "B".
e. The patio door was fully functional at the time the property was
leased. The Defendant broke the hydraulic closer and her son broke
two (2) windows out of the patio door during some sort of domestic
disturbance.
f. The property does not have gas service. It is impossible for the
Defendant to have the smell of natural gas in her kitchen when the first
floor apartment and the second/third floor apartment do not have
natural gas or propane service.
g. The Plaintiffs were informed the toilet was "running water" on or
about June 24-25, 2005. The Plaintiffs fixed the toilet on June 26,
2005.
h. The closet door was properly installed prior to the move in by the
Defendant. However, the door's lower hinge was completely ripped
off the door as shown on Exhibit "C" on the day of eviction.
Each and every faceplate was in working order on the day the
Defendant moved in.
j. The junction box was installed by a licensed electrician at least one
year before the Defendant moved in and the prior tenant made no such
complaints.
k. At the time the Defendant moved in there were working phone jacks.
At the time the Defendant was evicted the phone jacks were removed
and Plaintiffs were left with "stubbed off"phone connections as shown
on Exhibit "D".
Plaintiffs are without knowledge as to what the Defendant is referring
to and strict proof is demanded at the time of trial.
M. One of the steps has a "split" along the wood's grain. The step is not
loose, does not "give" when walked upon and poses no safety risk to
anyone.
n. Plaintiffs incorporate by reference their response in Paragraph 34.
o. The Defendant lived on the second and third storey of a three storey
duplex in New Cumberland. There is no first floor area leased by the
Defendant. If she is referring to the only bathroom in the apartment
there were no leaks in that bathroom.
38. ADMITTED WITH QUALIFICATION. After the Defendant became
delinquent in rental payments she started this "paper trail" of complaints
which, with the exception of the toilet and chipped paint in the kitchen, did
not exist.
39. DENIED AS STATED. Plaintiffs incorporate by reference as though fully
set forth their responses in Paragraph 34 - 38.
40. ADMITTED WITH QUALIFICATION. As a rule the Plaintiffs never
permit tenants to make their own repairs. In this case, the only defect which
required repair was the toilet which was completed. within 48 hours of the
reported complaint. There was no reason to have the Defendant fix anything
else since nothing else was in need of repair.
41. DENIED. Defendant is unqualified to estimate what the property's rental
value is in New Cumberland. Strict proof is demanded at time of trial.
42. DENIED. A late fee of $5.00 per day is routine and customary. There is no
requirement that a late fee not exceed 6%. In terms of 42 b, Plaintiffs are
unable to understand Defendant's point since neither Paragraph 8 or
Paragraph 14 of the lease ever state or imply any waiver of the implied
warranty of habitability.
43. DENIED. Plaintiffs incorporate by reference their responses in Paragraphs 1-
42 as though fully set forth.
44. DENIED. Plaintiffs incorporate by reference their responses to Paragraphs
36-37 as though fully set forth.
45. DENIED. The Defendant has simply manufactured false allegations to live
rent free as long as possible. The Plaintiffs never agreed that any of her
"complaints" were legitimate with the exception of the toilet which was fixed
within 48 hours of the complaint. It should be noted that the toilet still
functioned during this 48 hour period.
46. ADMITTED THAT THE ONLY REPAIR WHICH WAS NECESSARY
OR REASONABLE FOR THE LANDLORD TO MAKE WAS THE
TOILET REPAIR.
47. DENIED. Once again, the Defendant is completely unqualified to speculate
as to what the fair rental value is of a two bedroom apartment in New
Cumberland. Strict proof is demanded at time of trial.
48. DENIED. Once again, the Defendant is completely unqualified to speculate
as to what the fair rental value is of a two bedroom apartment in New
Cumberland. Strict proof is demanded at time of trial.
49. DENIED. Once again, the Defendant is completely unqualified to speculate
as to what the fair rental value is of a two bedroom apartment in New
Cumberland. Strict proof is demanded at time of vial.
50. DENIED. Plaintiffs incorporate by reference their responses in Paragraphs 1-
49 as though fully set forth.
51. DENIED. Paragraph 51 is a conclusion of law to which no response is
required. If a response were required, Plaintiffs submit that the Unfair Trade
Practices Act does not apply since there were no defects other than a small
area of chipped paint which was visible and pointed out to the Defendant at
the time she inspected the property.
52. DENIED. Defendant has suffered no damages and strict proof is demanded
at the time of trial. It is the Plaintiffs who have suffered additional damages in
addition to those in the Complaint as set forth below:
a. Defendant deliberately dyed clothing in the washer/dryer combination
appliance causing the interior to be permanently blue. The cost for a
replacement appliance is $931.74 including delivery charges. A photo
of the blue discoloration left by the Defendant is attached as Exhibit
«E„
b. Defendant's son broke a globe light in the ceiling fan in the 3`d storey
bedroom when he was playing kickball. The cost for the replacement
globe was $7.34. A photo of the damage is attached as Exhibit "I;".
C. Defendant broke another globe light in another room and the cost for
replacement was $7.34.
d. Defendant and/or her son broke two panes of glass in the patio door.
The costs for this repaid was $116.60. A photo of the damage is
attached as Exhibit "G".
C. Defendant's damage to the walls caused the Plaintiffs to have certain
areas repaired. The cost to repair the damaged walls was $50.00.
f. Defendant broke the bathroom medicine cabinet which was replaced at
the cost of $28.50.
g. Defendant's damages to the storm door, carpets, railing, closet door,
other doors, as well as the couch left behind caused the Plaintiffs to
expend 4 hours of their time at $20.00 per hour or $80.00.
h. Defendant removed two phone jacks which the Plaintiffs replaced on
11/12/05 at a cost of $8.48.
Plaintiffs incurred the total cost of $250.00 in cleaning ($100.00) and
steam cleaning ($150.00) of the carpet to remove the dirt left behind
by the Defendant.
j. The Defendant used excessive amount so water by nearly doubling the
normal monthly bill of $40.00 for two occupied apartments to
approximately $90.00 per month for six months (April 15, 2005 -
October 24, 2005). A claim is made for $300.00 in additional water
usage caused solely by the Defendant's excessive use of water.
k. Defendant paid no rent to the Plaintiffs for the period of time from the
District Justice judgment on 8/30/05 to 10/24/05 (eviction date) or
$1,148.22 (55 days at $20.87 per diem using $635.00 per month). The
Plaintiff even refused to direct the Prothonotary to pay the landlord the
$469.00 paid into the escrow account on 9/8/05.
53. DENIED. Plaintiffs incorporate by reference their responses in Paragraphs 1-
53 as though fully set forth.
54. DENIED. The late fee is reasonable and customary and there is no
requirement that a late or penalty fee be limited to 6%.
55. DENIED. The Defendant was not compelled to rent the premises. The
Defendant inspected the premises before signing the lease and agreeing to its
terms. The Defendant was expressly told about the small area of chipped
paint and she said she did not care because she wanted to move in right away.
56. DENIED. The Defendant is an adult who inspected a property and signed a
lease. She is subject to its terms and any later claim she did not understand
what she was doing is knowingly false.
Respectfully submitted,
By:
Date: December 22, 2005
Certificate of Service
Howell Law Firm
619 Bridge Street
New Cumberland, PA 17070
Supreme Court ID 62063
Attorney for Plaintiffs
I hereby certify that on the date set forth below a true and correct copy of the
foregoing document was served upon the party/parties set forth below by postage
prepaid, first class United States Mail addressed as follows:
Geoffrey M. Biringer, Esquire
Mid Penn Legal Services
401 East Louther Street
Carlisle, PA 17013
By:
even Howell, Esquire
owell Law Firm
619 Bridge Street
New Cumberland, PA 17070
Supreme Court ID 62063
Attorney for Plaintiffs
Date: December 22, 2005
VERIFICATION
I/we verify that the statements made in the foregoing document are true and
correct. I/we understand that false statements herein are made subject to the penalties of
18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities.
BY:
a . Bo to
BY:
Brenda L. Bottorf
Date:
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RICHARD E. BOTTORF, JR.,
AND BRENDA L. BOTTORF
Plaintiffs
VS.
SPIRIDOULA L. PAPAROUNIS,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05 - 4636 CIVIL TERM
CIVIL ACTION (LANDLORD/TENANT)
STATEMENT OF INTENTION TO PROCEED
TO THE COURT:
Plaintiffs intend to proceed with the above captioned matter against the Defendant.
Respectfully submitted,
By:
Date: October 21, 2008
Certificate of Service
Ste)?xf HwkeK, Esquire
well Law Firm
619 Bridge Street
New Cumberland, PA 17070
Supreme Court ID 62063
Attorney for Plaintiffs
I hereby certify that on the date set forth below a true and correct copy of the
foregoing document was served upon the party/parties set forth below by postage
prepaid, first class United States Mail addressed as follows:
Geoffrey M. Biringer, Esquire
Mid Penn Legal Services
401 East Louther Street
Carlisle, PA 17013
By
Date: October 21, 2008
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DavidQ.. (Buell
Prothonotary
Office of the (Prothonotary
Cum6er[and County, pennsy[vania
�irkS. So/ionage, TSQ
Soficitor
08.- q 1.310 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2014, 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,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square 0 Suite100 G carcisre, .TA 0 phone 71 7 240-6195 0 Fax 717 240-6573