HomeMy WebLinkAbout05-5389HAROLD S IRWIN 111 ESQ
SUPREME COURT ID NO. 29920
64 SOUTH PITT STREET
CARLISLE PA 17019
ATTORNEY FOR PLAINTIFFS
LARRY E. ROADCAP and
SUZAN J. ROADCAP,
Plaintiffs
VS.
JAMES A. BLESSING, JR. and
LESLIE A. BLESSING,
Defendants
: IN THE COURT OF COMMON PLEAS OF
-CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 2005 - L- CIVIL TERM
: LANDLORD TENANT COMPLAINT
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 an attorney
and filing in writing with the court your defenses or objections to the claims set forth
against you. You are warned that if you fail to do so the case may proceed without you
and a judgment may be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
LARRY E. ROADCAP and : IN THE COURT OF COMMON PLEAS OF
SUZAN J. ROADCAP, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
Vs. : CIVIL ACTION - LAW
JAMES A. BLESSING, JR. and : NO. 2005 - 63 y q CIVIL TERM
LESLIE A. BLESSING,
Defendants : LANDLORD TENANT COMPLAINT
COMPLAINT
NOW come the plaintiffs, by their attorney, Harold S. Irwin, III, Esquire and files this complaint,
representing as follows:
1. The plaintiffs are LARRY E. ROADCAP and SUZAN J. ROADCAP, his wife, adult
individuals residing at 1507 Hemlock Avenue, Carlisle, Cumberland County, Pennsylvania
17013.
2. The defendants are JAMES A. BLESSING, JR. and LESLIE A. BLESSING, his wife,
adult individuals who previously resided at 1507 Hemlock Avenue, Carlisle, Cumberland
County, Pennsylvania 17013 (hereinafter, the "premises"), but whose present residence is
unknown to plaintiffs.
3 Plaintiffs are the owners of the premises, on which is erected a single family dwelling.
4. On or about January 1, 2003, the parties entered into a rental contract entitled
"Residential Lease" (hereinafter, the "agreement'), a copy of which is incorporated herein by
reference and attached hereto as Exhibit "A".
5. The term of the lease was for a period of one year, ending on December 31, 2003, with
one year renewal periods, but the agreement provided that either party could terminate the
lease by giving 60 days written notice on or before the day the next rent is due.
6. Said agreement was for the defendants' rental of the premises and provided, inter alia,
for annual rental at the rate of $12,000 per year, payable $1,000 per month, during the first
year, and monthly rental of $1,150 per month during the second year. The agreement also
provided for the payment of a $50 late charge if rent is paid more than 15 days late in any given
month.
7. Said agreement provided that all utilities were to be paid by the defendants.
8. In addition to the aforesaid provisions for the payment of rent, late charges and utilities
the agreement provided that the defendants were to keep the premises clean and safe, get rid
of trash, garbage and other waste materials, pay for any repairs costing less than $25 and pay
for any damage to the property caused through a lack of care by the defendants and ( or their
guests.
9. Finally, the agreement provided that if the plaintiff hires a lawyer in an eviction
proceeding after the defendants break the lease, then the defendants must pay the attorney's
fees and the plaintiffs' reasonable costs.
10. On or about May 18, 2005, plaintiffs sent a written notice to defendants in which
plaintiffs indicated that they were exercising their right to terminate the then current renewal
term and demanding that defendants turn over possession of the premises on or before July
31. 2005.
11. Defendants failed to vacate the premises within the time specified; however they did turn
over possession on September 5, 2005, after constable served and executed eviction thru due
process.
12. In addition to failing to pay rent and late charges for the month of September, 2005 in
the total amount of $1,150.00, the defendants broke the lease in the following manner:
A. They failed to keep the property clean in violation of subparagraph 16.A.1. of the
agreement;
B. They willfully destroyed or defaced portions of the property or allowed certain
damages to occur through their own or their invitees' negligence, in violation of
paragraph 16.B.2. and 16.C.;
C. They failed to pay for the repairs of damage to the premises caused through lack
of care in violation of paragraph 16.C.; and
D. They failed to pay for utilities through the time they occupied the premises.
13. In addition to the foregoing, defendants' conduct caused consequential damages to the
plaintiff; in that plaintiffs intended to move into the premises on or about August 1, 2005 after
defendants were to have surrendered possession.
14. Due to the fact that plaintiffs could not move into the premises before September 15,
2005 because defendants failed to surrender the premises until September 5, 2005, and that
thereafter plaintiffs were further prevented from moving into the premises due to the necessity
of performing repairs to the premises, plaintiffs incurred rental expenses for their own residence
from August 1, 2005 through September 15, 2005 and for the storage of their personal property
during the same period.
15. Plaintiffs have incurred court costs and attorney fees and will incur additional costs and
fees in this eviction proceeding.
16. Plaintiffs total demand for money damages consists of the following:
Unpaid Rent (for 9/2005) $ 1,150.00
Late Charges 50.00
Replace Carpet of Similar Grade 6,387.64
Repair Kitchen Storage Door 325.00
Re-seed Backyard in Pool Area 165.00
Unpaid Water / Sewer Bill 114.00
Damages to Bedroom Doors and Stove Top 365.00
Roadcap Rent (8 - 9/15/2005) 2,300.00
Court Costs (to Date) 202.66
Attorney Fees (to Date) 500.00
TOTAL $11,559.30
WHEREFORE, plaintiffs demand judgment against the defendants for money damages of
$11,559.30, plus such additional costs and attorney fees as of the time of final judgment.
October f ? , 2005
HAROLD S. IRWIN,
Attorney for plainti
64 South Pitt Street
Carlisle, PA 17013
(717) 243-6090
Supreme Court ID No. 29920
VERIFICATION
I verify that facts contained in the foregoi
knowledge, information and belief. To the
counsel, I have relied upon counsel in
statements made herein are subject to the
unworn falsification to authorities.
October / ? , 2005
ng complaint are true and correct to the best of my
extent that the content of the complaint is that of
making this verification. I understand that false
penalties of 18 Pa.C.S.A. Section 4094, relating to
LARRY E. OADCAP
SUZAN J. OADC P
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of this Complaint upon the
defendant's attorney of record by placing same in the United States mail at Carlisle,
Pennsylvania, Regular Mail on this undersigned date and addressed as follows:
JANE E ADAMS ESQ
64 S PITT ST
CARLISLE PA 17013
October ?,Z, 2005
HAROLD S. IRW", III
Attorney for Def dai
64 South Pitt Street
Carlisle, PA 17013
717-243-6090
RESIDENTIAL LEASE
This form recommended for, but not restricted to use by, members of the Pennsylvania Association of
REALTORS
1. DATE of Lease 01/01/2003
2. TENANT: (list all Tenants)
Name: James A. Blessing, Jr. and Leslie A. Blessing
Mailing Address Pa.: 1607 Hemlock Avenue, Carlisle, PA 17013
Phone Numbers(s):
Phone Numbers(s):
3. LANDLORD: (list all Landlords)
Name: Larry E. Roadcap & Suzan J. Roadcap
Mailing Address: 27 Regency South, Carlisle, PA 17013
Phone Numbers(s) 717-790-3174
Name:
Phone Numbers(s):
4. AGENT FOR THE LANDLORD is: NONE
5. PROPERTY: 1507 Hemlock Avenue, Carlisle, PA 17013
Landlord agrees to rent to Tenant the following Property:
6. STARTING AND ENDING DATES OF LEASE (also called "Term")
A. Starting Date: This Lease starts on 01/0112002 A. M.
B. Ending Date: This Lease ends on 12/31/2003 A. M.
C. Either Landlord or Tenant may terminate this Lease by giving 60 days' written
notice on or before the day the next rent is due.
7. RENEWAL TERM
This Lease will automatically renew for a term of one year at the ending Date unless:
A. Tenant gives Landlord 60 days' written notice before Ending Date or before
the end of any Renewal Term, OR
B. Landlord gives Tenant 60 days' written notice before Ending Date or before
the end of any Renewal Term.
C. For Month to Month Leases Only: Either Landlord or Tenant may end a
month to month Lease by giving 60 days' written notice on or before the day
the next rent is due.
8. RENT
A. The total amount of rent due over the term of this Lease is $12,000.00.
B. The total rent due each month is $1,000.00 the first year, the second year,
may increase to $1,100.00 and increase per renewal of lease, not to exceed 5% per year
for the duration of the lease.
D. Rent is due on or before the1 st of the month.
E. Tenant pays a late charge of $50 if rent is more than 15 days late for any
given month during the duration of this lease.
E. Tenant makes payments to:
27 South Regency, Carlisle, PA 17013
or before the 1" each month.
0+4aAl
9. BEFORE MOVING IN, TENANT PAYS 1st month rent
A. First month's rent Paid $ 00.00 Due $ 1000.00
Total rent and security deposit received to date $ NIA
Total amount due before Tenant moves in 1b` month's rent ($1,000.00)
Paid $ 00.00 Due $ 1,000.00
10. USE OF PROPERTY
A. Tenant will use Property as a residence only.
B. Not more than six (6) people will live on property.
11. UTILITIES AND SERVICES
A. Landlord will pay for
cold water hot water trash removal
_gas -heat X_ shrubbery care
-electricity -snow removal _ water cost over
yearly charge
-x-heater maintenance -sewage costs -other
B. Tenant will pay for
_x-cold water x_hot water x -trash removal
_x_gas -x-heat -x -lawn care
_x_electricity _x-snow removal _ water cost over
yearly charge
-heater maintenance -x-sewage costs X_other Renter's
Insurance
12. SPECIAL CLAUSES Any special clauses must comply with the Pennsylvania Plain
Language Consumer Contract Act. The Attorney General has not pre-approved any
special conditions/additional terms added by Landlord or Tenant after plain language pre-
approval of this contract.
A. Should tenant become ill or disabled, or infirm, to such an extent that he/she can no
longer enjoy the leased premises; he/she shall be released from all obligations under this
lease, with 60 days written notice to landlord. In the event of two tenants (i.e. husband &
wife) both parties must become ill, disabled, or infirmed to execute this cclause. ?(
TENANT(S)(initials? LANDLORD(S)(initials) "k
13. CONDITION OF PROPERTY
Tenant understands that Landlord will make no repairs, additions, or changes to the
property except as follows: NONE
14. IF PROPERTY WAS BUILT BEFORE 1978
Lead Warning Statement Housing built before 1978 may contain lead-based paint.
Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly.
Lead exposure is especially harmful to young children and pregnant women. Before
retaining pre-1978 housing, landlords must disclose the presence of known lead-based
paint and lead-based paint hazards in the dwelling. Tenants must also receive a federally
approved pamphlet on lead poisoning prevention.
A. Landlord initial one:
X Landlord does not know of any lead-based paint or lead-based
paint hazards (dangers) on the Property.
OR
Landlord knows that there is lead-based paint, or that there are
lead-based paint hazards on the Property. Landlord must explain what Landlord knows
about the lead-based paint and hazards, including how Landlord learned that it is
there, where it is, and the condition of painted walls, trim and other surfaces. Landlord
must give Tenant any other information Landlord has about the lead-based paint hazards.
B. Landlord initial one:
X Landlord has no reports or records about lead-based paint or
lead-based paint hazards at the Property;
OR
Landlord has given Tenant all available records and reports
about lead-based paint or lead-based paint hazards at the Property. List records and
reports:
C. Tenant initial all that are true:
Tenant received the pamphlet "Protect Your Family
from Lead in Your Home".
Tenant read the information Landlord gave in
paragraph 14(A) and (B) above.
Tenant received all records and reports that
Landlord listed in paragraph 14(B) above.
D. Agent for the Landlord initial:
N/A Agent has told Landlord of Landlord's responsibility under the
Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. ' 4582d). Agent must
make sure that Landlord gives Tenant the information required by the Act.
E. Landlord, Tenant, and Agent for Landlord certify:
1. By signing this Lease, Landlord and Tenant certify that the information
given is true to the best of their knowledge.
2. By signing here, the Agent for Landlord certifies that the information
given is true to the best of Agent's knowledge.
(Agent's Signature) N/A Date
3
15. RULES AND REGULATIONS
A. Rules for use of the Property are attached NIA Yes No
B. Tenant promises to obey the Rules.
C. Landlord cannot change the Rules unless the change benefits the Tenant
or improves the health, safety, or welfare of others.
16. TENANT'S CARE OF PROPERTY
Tenant, Tenant's family and guests agree to obey all laws and Local Rules that
apply to Tenant.
A. Tenant will:
1. Keep the Property clean and safe.
2. Get rid of all trash, garbage and any other waste
materials as required by Landlord and the law.
3. Use care when using any of the electrical, plumbing,
ventilation or other facilities or appliances on the Property, including any elevators.
4. Tell Landlord immediately of any repairs needed. Landlord does not
have to repair any damage caused by Tenant's willful, careless, or unreasonable
behavior.
B. Tenant will not:
1. Keep any flammable materials on the Property.
2. Willfully destroy or deface any part of the Property.
3. Disturb the peace and quiet of other tenants.
4. Make changes to the property, such as painting or
remodeling, without the written permission of Landlord. Tenant understands that
any changes or improvements will belong to the Landlord.
C. Repairs by Tenant: Tenant will pay to repair any item in or on the Property
that costs less than $ 25.00. Tenant also will pay to repair any damage to the Property or
to any item in or on the Property that Tenant or Tenant's guests cause through a lack of
care.
17. LANDLORD WILL MAINTAIN PROPERTY
A. Landlord will keep the property and common areas in reasonable condition
as required by law.
B. Landlord will keep all the structural parts of the Property in good working
order, including:
ceilings, roof, floors, walls, doors, steps, porches, windows
C. Landlord will keep all systems, services, facilities, or appliances supplied by
Landlord in safe and good working order, including:
air conditioning, sanitary, electrical, ventilation, drainage, security, heating, water
heating, plumbing
D. Landlord will keep Property reasonably free of pests, rodents and insects.
This does not apply if Property is a single-family dwelling.
E. Landlord will supply utilities and services as listed in paragraph 11 (Utilities
and Services) of this Lease, unless the service is interrupted by circumstances beyond the
Landlord's control.
F. Landlord cannot increase rents, as a result of any of the following:
1. Complaints to a government agency or to Landlord
about a building or housing code violation.
2. Organizes or joins a Tenants' organization.
3. Uses Tenant's legal rights in a lawful manner.
18. Landlord's Right to Enter
A. Tenant agrees to let Landlord or Landlord's representatives enter the
property at reasonable hours to inspect or repair the Property.
B. Landlord will give Tenant 24 hour notice of date, time and reasons for the
visit. In cases of emergency, landlord may enter Property without notice. If Tenant is not
there, Landlord will tell Tenant who was there and why within 24 hours of the visits.
19. Possession
A. Tenant may move in (take possession of the Property) on the Starting Date of
this Lease. [January V', 2003]
B. If Tenant cannot move in because previous,tenant is still there or because of
property damage, Tenant can:
1. Change the starting date of the Lease to the day when Property is
available. Tenant will not owe rent until Property is available; or
2. End the Lease and have all money already paid as rent or security
deposit returned.
20. Rent Increases
The rent for the premises may be increased by a maximum of 5% on each anniversary of
the effective date of this lease.
21. Pets are allowed, but tenant must control and care for pets. The tenant will pay for
any damage caused by pets not being under control or properly cared for.
Tenant has landlord's permission to keep pets.
22. Smoke Detectors
A. Tenant will maintain and test (monthly) any smoke detectors on the Property.
B. Tenant will notify Agent or Landlord of any broken smoke detectors.
C. Tenant will pay for any damage to Property if Tenant fails to maintain smoke
detectors.
23. Fire or Other Damage
A. If the Property is accidentally damaged (fire, flood, etc.)
1. Tenant may continue to live on the livable part of the Property and pay
reduced rent as agreed to by Tenant and landlord until the damages are repaired; if the
law does not allow Tenant to live on the Property, then this Lease is ended; or
2. If it is not possible for Tenant to live on the Property, Tenant must
notify Landlord immediately that Lease is ended and move out within 24 hours.
B. If Lease is ended, Landlord will return any unused security deposit [N/A] or
advanced rent to Tenant.
C. If Tenant, Tenant's family or guest cause damage by first or by other means,
this Lease will remain in effect and Tenant will continue to pay rent, even if Tenant cannot
occupy the Property.
24. After Notice to End Lease
A. After Tenant or landlord has given written notice to end this Lease; Landlord
may show Property to possible tenants. Landlord will not show Property unless Tenant is
there or has a reasonable chance to be there. Tenant does not have to allow possible
tenants to enter unless they are with the Landlord or Landlord's representatives, or unless
they have written permission from the Landlord.
B. Landlord may put up For Sale or For Rent signs on or near the Property.
25. ff Tenant Breaks Lease
A. Tenant breaks this Lease if;
1. Tenant does not pay rent or other charges.
2. Tenant leaves Property permanently before the end of
this Lease.
3. Tenant does not move out when supposed to.
4. Tenant fails to do anything Tenant agreed to in this
Lease.
B. Non-payment of Rent: If Tenant breaks Lease by not paying rent or other
charges, landlord cannot evict Tenant (force Tenant to move out) from the Property without
a written notice. Tenant agrees that a written notice of five days is sufficient. This means
that if Tenant has not moved from the Property before the sixth day after landlord has given
Tenant written notice, Landlord can file a lawsuit to evict Tenant.
Tenant is waiving or giving up Tenant's right to a longer notice to move out.
C. Other Lease violations: If Tenant breaks any other term of this Lease,
Landlord must give Tenant written notice describing the violation and giving Tenant five
days to correct the problem. If Tenant does not correct the problem, Landlord can then
give Tenant five days written notice to move from the Property. If Tenant does not move
out, Landlord can file a lawsuit to evict Tenant on the sixth day.
Tenant is waiving or giving up Tenant's right to longer notices to correct problems
and to move out.
D. If Tenant breaks Lease for any reasons, Landlord may:
1. Take back possession of the Property by going to court to evict
Tenant. If Landlord hires a lawyer to start eviction, Tenant agrees to pay the lawyer' s fees
and Landlord's reasonable costs.
2. File a lawsuit against Tenant for rents and charges not paid for rents
and charges for the rest of the Lease term. If Landlord wins (gets a money judgment
against Tenant), Landlord can use the court process to take Tenant's personal goods,
furniture, motor vehicles and money in banks.
3. Keep Tenant's security deposit. NIA- Security Deposit Not
Required
26. Sale of Property
A. If Property is sold, on the date of settlement; Landlord will give Tenant in
writing:
1. The name, address, and phone number of the new
landlord.
2. Where rent is to be paid.
3. Notice that the security deposit has been given to
the new landlord, who will be responsible for it.
B. Tenant agrees that landlord may transfer Tenant's money and advanced rent
to the new landlord.
C. Tenant understands that Landlord will have no duties regarding this lease
after the Property has been sold.
D. Landlord does not agree to require any new landlord, as a condition of sale,
to take on Landlord's duties under this Lease and to honor them.
27. If Government Takes Property
A. The government or other public authority can take private property for public
use. The taking is call condemnation.
B. If any part of the Property is taken by the government, Landlord will reduce
Tenant's rent proportionately. If all the any unused security deposit or advanced rent.
C. No money paid to Landlord for the condemnation of the Property will belong
to Tenant.
28. Subleasing and Transfer
A. Landlord may transfer this Lease to another landlord. Tenant agrees that
this Lease remains the same with the new landlord.
B. Tenant may not transfer this Lease or sublease (rent to another person) this
Property without Landlord's written permission. Landlord will be reasonable about giving
written permission.
29. Tenant has Fewer Rights Than Mortgage Lender
Landlord may have a mortgage on the Property. If so, Landlord agrees to make the
mortgage payments. The rights of the mortgage lender come before the rights of the
Tenant. (Example: If Landlord fails to make mortgage payments, the mortgage lender
could take the Property and end this Lease.)
Tenant may be waiving or giving up Tenant's rights. Tenant understands that if there
is a foreclosure, the new owner will have the right to end this Lease.
30. Mediation
A. Mediation is a way of resolving problems. A mediator helps the disputing
parties reach an agreeable solution without having to involve the courts.
B. Landlord and Tenant may agree to take any disputes arising from this Lease
to a mediation program offered by the local association of realtors or to another mediator.
Landlord and Tenant can agree to mediation as part of this Lease (by signing a
mediation form to attach to this Lease), or they can sign an agreement to mediate after a
dispute arises.
31. Insurance and Release
Landlord shall not insure the tenant's personal property, for which tenant shall obtain
separate tenant's insurance.
Acceptance of this Lease is hereby acknowledged
date of: oZ o2 p o 3
es A Blessing, Jr., Ten t
Leslie A. Blessing Tena t 11
by affixing my hand and seal
Larry E/Roadcap, Landlord
Suzan J. Road p, Landlord "
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1
ABOM & KUTULAK/S, LLP
36 S. Hanover Street
Carlisle, PA 17013
(717) 249-0900
LARRY E. ROADCAP and
SUZAN J. ROADCAP,
Plaintiffs
V.
JAMES A. BLESSING, JR. and
LESLIE A. BLESSING,
Defendants
TO: Harold S. Irwin, III, Esquire
Attorney for Plaintiffs
64 South Pitt Street
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2005-5389 CIVIL TERM
CIVIL ACTION - LAW
NOTICE TO PLEAD
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN PRELIMINARY
OBJECTIONS OF DEFENDANTS WITHIN TWENTY (20) DAYS OF THE DATE OF
SERVICE OF THIS PLEADING.
ABOM & KUTULAKIS, LLP
36 S. Hanover Street
Carlisle, PA 17013
(717) 249-0900
LARRY E. ROADCAP and
SUZAN J. ROADCAP,
Plaintiffs
V.
JAMES A. BLESSING, JR. and
LESLIE A. BLESSING,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2005-5389 CIVIL TERM
CIVIL ACTION- LAW
DEFENDANTS'PRELIMINARY OBJECTIONS
Defendants, James A. Blessing, Jr. and Leslie A. Blessing, file this responsive pleading
by and through undersigned counsel and preliminarily object to Plaintiffs' Complaint pursuant to
Pa.R.C.P. 1028 as follows:
1. IMPROPER SERVICE OF COMPLAINT'
1. Plaintiffs filed their Complaint on October 17, 2005.
2. Plaintiffs have not served their Complaint on Defendants by original process as
provided in Pa.R.C.P. 400 et seq.
3. A Sheriffs Return of Service indicating service on Defendants has not been docketed.
4. Plaintiffs have not filed an Acceptance of Service signed by Defendants or an
authorized agent for Defendants.
WHEREFORE, Defendants request that Plaintiffs' Complaint be dismissed for improper
service.
II. FAILURE TO STATE A CLAIM (DEMURRER)
5. Defendants incorporate by reference paragraphs 1 through 4 as though set forth at
length.
6. Plaintiffs' Complaint alleges that Defendants "broke" a Residential Lease.
7. Plaintiffs have identified their Complaint as a "Landlord Tenant Complaint."
8. Under Pennsylvania law, most, if not all, of the money damages demanded by
Plaintiffs are not recoverable.
WHEREFORE, Defendants respectfully request that this Court grant their preliminary
objection by way of demurrer and dismiss Plaintiffs' Complaint.
Respectfully submitted,
ABOM & KUTULAK/s, LLP
?yl I. 1.
Michael T. Traxler, Esquire
Supreme Court ID No. 90961
36 S. Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Defendants
VERIFICATION
I hereby verify that the statements contained in the foregoing pleading are true and
correct to the best of my knowledge, information, and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. ? 4904, relating to unswom
falsification to authorities.
C
Date dines A. Blessing L
CERTIFICATE OF SERVICE
AND NOW, this 1 st day of December, 2005, I, Michael T. Traxler, of ABOM &
KUTULAKIS, LLP, hereby certify that I did serve or caused to be served a true and
correct copy of the foregoing Preliminary Objections by First Class Mail on the
following:
Harold S. Irwin, III, Esquire
IRWIN LAW OFFICE
64 South Pitt Street
Carlisle, PA 17013
Michael T. Traxler
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LARRY E. ROADCAP and
SUZAN J. ROADCAP,
Plaintiffs
V.
JAMES A. BLESSING, JR. and
LESLIE A. BLESSING,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2005-5389 CIVIL TERM
CIVIL ACTION - LAW
TO THE PROTHONOTARY OF SAID COURT:
PRAECIPE TO WITHDRAW APPEARANCE
Please withdraw my appearance on behalf of the Defendants, James A. Blessing, Jr. and
Leslie A. Blessing, in the above-captioned matter.
Respectfully submitted,
DATE 41W4 I !
Michael T. Traxler, Esquire
ID No. 90961
36 South Hanover Street
Carlisle, PA 17013
PRAECIPE OF ENTRY OF APPEARANCE
Please enter my appearance on behalf of the Defendants, James A. Blessing, Jr, and Leslie A.
Blessing, in the above-captioned matter.
DATE
Respectfully submitted,
ABOM& %UTUTASIS, LLP
? I
Jason . Kutulalus, Esquire
36 S anovet Street
Carlisle, PA 17013
ID No. 90411
,or ,
AND NOW, this ? day of May, 2006, I, Emily J. Filiberti, of ABOM & KUTULAKIS,
I LP, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Withdraw
Appearance and Praecipe of Entry of Appearance by depositing, or causing to be deposited, same in
the United States Mail, First-class mail, postage prepaid addressed to the following.
Harold S. Irwin, III, Esquire
IRWIN LAW OFFICE
64 South Pitt Street
Carlisle, PA 17013
DA'L'E
Emily J. F'
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LARRY E. ROADCAP and
SUZAN J. ROADCAP,
Plaintiffs
Vs.
JAMES A. BLESSING, JR. and
LESLIE A. BLESSING,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2005 - 5389 CIVIL TERM
:LANDLORD/TENANT
PETITION FOR RULE TO SHOW CAUSE
NOW comes Harold S. Irwin, III, Esquire, attorney for plaintiffs, and presents this
petition for a rule to show cause, representing as follows:
1. Petitioner is HAROLD S. IRWIN, III, attorney for plaintiffs with offices at 64 South
Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. The respondents are the plaintiffs, LARRY E. ROADCAP and SUZAN J. ROADCAP, his
wife, adult individuals residing at 1507 Hemlock Avenue, Carlisle, Cumberland County,
Pennsylvania 17013, and the defendants, JAMES A. BLESSING, JR. and LESLIE A.
BLESSING, his wife, adult individuals who previously resided at 1507 Hemlock Avenue,
Carlisle, Cumberland County, Pennsylvania 17013 and whose attorney of record is now Jason
P. Kutulakis, Esquire, of Abom & Kutulakis, 36 South Hanover Street, Carlisle, Cumberland
County, Pennsylvania 17013.
3. Petitioner has represented the plaintiff in this matter since on or about
September 16, 2005.
4. The parties are presenting engaged in a landlord / tenant proceeding.
Defendants have filed preliminary objections to the complaint and there has been an
effort by counsel to negotiate a settlement of the case.
5. The parties have not able to resolve their disputes but neither party has listed the
preliminary objections for argument as of this date.
6. The plaintiffs have not paid petitioner in full for services rendered by him to date.
Although petitioner has attempted to correspond with plaintiffs about their account and
additional proceedings, those efforts have been unsuccessful.
7. Petitioner believes and therefor avers that plaintiffs have adequate time to find
substitute counsel and that neither party will be prejudiced should the Court grant
petitioner's request herein.
WHEREFORE, petitioner requests your Honorable Court to enter a rule upon the
respondents to show cause why petitioner should not be permitted to withdraw from this
case as counsel for plaintiffs.
May 23, 2006
HAROLD S. IRWIN, III
Petitioner
64 South Pitt Street
Carlisle, PA 17013
717-243-6090
Supreme Court ID No. 29920
VERIFICATION
The foregoing petition is true and correct to the best of my knowledge, information and belief. I
understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A.
Section 4094, relating to unsworn falsification to authorities.
May 23, 2006
HAROLD S. IRWIN, III
Petitioner
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HAROLD S IRWIN 111 ESQ
SUPREME COURT ID NO. 29920
" SOUTH PITT STREET
CARLISLE PA 17013
ATTORNEY FOR PLAINTIFFS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
e
CIVIL ACTION - LAW
NO. 2005 - 5389 CIVIL TERM
:LANDLORD/TENANT
LARRY E. ROADCAP and
SUZAN J. ROADCAP,
Plaintiffs
Vs.
JAMES A. BLESSING, JR. and
LESLIE A. BLESSING,
Defendants
ORDER OF COURT
NOW, this G' day of , 2006, on petition of Harold S. Irwin, 111, Esquire, a
rule is hereby issued upon the parties to show cause why petitioner should not be
permitted to withdraw as counsel for plaintiffs.
Rule returnable /0 days after the date oYhis order. Service to be by
certified mail upon plaintiff and upon defendants' attorney of record, Jason Kutulakis,
Esquire.
By the Court,
Ano
L Z J f WV 1Z A ?j 9001
AH'V'i C;Nv .. C ,`d 3HI dO
HAROLD S IRININ 111 ESQ
SUPREME COURT ID NO. 29020
64 SOUTH PITT STREET
CARLISLE PA 17013
ATTORNEY POR PLAINTIPPS
LARRY E. ROADCAP and
SUZAN J. ROADCAP,
Plaintifs
VS.
JAMES A. BLESSING, JR. and
LESLIE A. BLESSINO,
Defendants
I IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2008 - 5389 CIVIL TERM
: LANDLORD TENANT COMPLAINT
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 an attorney
and filing in writing with the court your defenses or objections to the claims set forth
against you. You are warned that if you fail to do so the case may proceed without you
and a judgment may be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
LARRY E. ROADCAP and . IN THE COURT OF COMMON PLEAS OF
SUZAN J. ROADCAP, : CUMBERLAND COUNTY, PENNSYLVANIA
PIaIntWls
Va. : CIVIL ACTION - LAW
JAMES A. BLESSING, JR. and : NO. 2005 - 5889 CIVIL TERM
LESLIE A. BLESSING,
Dafandsnts : LANDLORD TENANT COMPLAINT
AMENDED COMLAINT
NOW come the plaintiffs, by their attorney, Harold S. Irwin, III, Esquire and file this complaint,
representing as follows:
1. The plaintiffs are LARRY E. ROADCAP and SUZAN J. ROADCAP, his wife, adult
individuals residing at 1507 Hemlock Avenue, Carlisle, Cumberland County,
Pennsylvania 17013.
2. The defendants are JAMES A. BLESSING, JR. and LESLIE A. BLESSING, his wife,
adult individuals who previously resided at 1507 Hemlock Avenue, Carlisle, Cumberland
County, Pennsylvania 17013 (hereinafter, the "premises"), whose present residence is
known as 210 Regal View, Carlisle, Pennsylvania 17013
3. Plaintiffs are the owners of the premises known as 1507 Hemlock Avenue, Carlisle,
Pennsylvania 17013, on which is erected four (4) bedroom, two (2) full bath single-family
dwelling.
4. On or about January 1, 2003, the parties entered into a rental contract entitled
"Residential Lease" (hereinafter, the "agreement"), a copy of which is incorporated
herein by reference and attached hereto as Exhibit "A".
5. The term of the lease was for a period of one year, ending on December 31, 2003, with
one-year renewal periods, but the agreement provided that either party could terminate
the lease by giving 60 days written notice on or before the day the next rent is due.
6. Said agreement was for the defendants' rental of the premises and provided, inter alia,
for annual rental at the rate of $12,000 per year, payable $1,000 per month, during the
first year, and monthly rental of $1,100 per month during the second year. The
agreement also provided for the payment of a $50 late charge if rent is paid more than
15 days late in any given month.
7. Said agreement provided that all utilities were to be paid by the defendants.
8. In addition to the aforesaid provisions for the payment of rent, late charges and utilities
the agreement provided that the defendants were to keep the premises clean and safe,
get rid of trash, garbage and other waste materials, pay for any repairs costing less than
$25 and pay for any damage to the property caused through a lack of care by the
defendants and / or their guests.
9. Finally, the agreement provided that if the plaintiff hires a lawyer in an eviction
proceeding after the defendants break the lease, then the defendants must pay the
attorney's fees and the plaintiffs' reasonable costs.
10. On or about May 18; 2005, plaintiffs sent a written notice to defendants in which
plaintiffs indicated that they were exercising their right to terminate the then current
renewal term and demanding that defendants turn over possession of the premises on
or before July 31, 2005.
11. Defendants failed to vacate the premises within the time specified; however they did
turn over possession on September 5, 2005.
12. In addition to failing to pay rent and late charges for the month of September, 2005 in
the total amount of $1,150.00, the defendants broke the lease in the following manner:
A. They failed to keep the property clean in violation of subparagraph 16.A.1. of the
agreement;
B. They willfully destroyed or defaced portions of the property or allowed certain
damages to occur through their own or their invitees' negligence, in violation of
paragraph 16.6.2. and 16.C.;
C. They failed to pay for the repairs of damage to the premises caused through lack of
care in violation of paragraph 16.C.; and
D. They failed to pay for utilities through the time they occupied the premises.
12. In addition to the foregoing, defendants' conduct caused consequential damages to the
plaintiff in that plaintiffs intended to move into the premises on or about August 1, 2005 after
defendants were to have surrendered possession.
13. Due to the fact that plaintiffs could not move into the premises before September 15,
2005 because defendants failed to surrender the premises until September 5, 2005, and that
thereafter plaintiffs were further prevented from moving into the premises due to the necessity
of performing repairs to the premises, plaintiffs incurred rental expenses for their own residence
from August 1, 2005 through September 15, 2005 and for the storage of their personal property
during the same period.
14. Plaintiffs have incurred court costs and attorney fees and will incur additional costs and
fees in this eviction proceeding.
15. Plaintiffs total demand for money damages consists of the following:
Unpaid Rent (for 9/2005) $ 1,100.00
Late Charges [Sept. 2005 thru June 2006]
at $50.00 per month [10 months] 500.00
Replacement of Door Locks 155.80
Replace Carpet/Flooring of Similar Grade 6,387.64
Repair Kitchen Storage Door 325.00
Re-seed Backyard in Pool Area 265.00
Repair to Damaged porcelain stove top Unknown
Unpaid Water / Sewer Bill 142.60
Roadcap Rent (8 - 9/15/2005) 2,300.00
Court Costs to Date 202.66
Attorney Fees (to date) 1.013.00
TOTAL $12,391.70
WHEREFORE, plaintiffs demand judgment against the defendants for money damages of
$12,391.70, plus such additional costs and attorney fees as of the time of final judgment.
Junel? , 006
HAROLD S. IRWI III
Attorney for plainti
64 South Pitt Street
Carlisle, PA 17013
(717) 243-6090
Supreme Court ID No. 29920
VERIFICATION
I verify thdI facts contained in the foregoing complaint are true and correct to the best of my
kno~,'' information and belief. To the extent that the content of the complaint is that of
counsel, I have relied upon counsel in making this verification. I understand that false
statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to
unswom falsification to authorities.
June 09, 2006
LARRY E. OADCAP
1"At_,) 44, Qled ?
UZAN ROA AP
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of this Amended Complaint
upon the defendant's attorney of record by placing same in the United States mail at
Carlisle, Pennsylvania, Regular Mail on this undersigned date and addressed as
follows:
JASON P KUTULAKIS ESQ
ABOM & KUTULAKIS
36 S HANOVER ST
CARLISLE PA 17013
June 12, 2006
HAROLD S. IRWIN, it
Attorney for Defend
64 South Pitt Street
Carlisle, PA 17013
717-243-6090
EXHIBIT "A"
RESIDENTIAL LEASE
This form recommended for, but not restricted to use by, members of the Pennsylvania Association of
REALTORS
1. DATE of Lease 01/01/2003
2. TENANT: (list all Tenants)
Name: James A. Blessing, Jr. and Leslie A. Blessing
Mailing Address Pa.: 1507 Hemlock Avenue, Carlisle, PA 17013
Phone Numbers(s):
Phone Numbers(s):
3. LANDLORD: (list all Landlords)
Name: Lary E. Roadcap & Suzan J. Roadcap
Mailing Address: 27 Regency South, Carlisle, PA 17013
Phone Numbers(s) 717-790-3174
Name:
Phone Numbers(s):
4. AGENT FOR THE LANDLORD is: NONE
5. PROPERTY: 1507 Hemlock Avenue, Carlisle, PA 17013
Landlord agrees to rent to Tenant the following Property:
6. STARTING AND ENDING DATES OF LEASE (also called "Term")
A. Starting Date: This Lease starts on 01/01/2002 A. M.
B. Ending Date: This Lease ends on 12/31/2003 A. M.
C. Either Landlord or Tenant may terminate this Lease by giving 60 days' written
notice on or before the day the next rent is due.
7. RENEWAL TERM
This Lease will automatically renew for a term of one year at the ending Date unless:
A. Tenant gives Landlord 60 days' written notice before Ending Date or before
the end of any Renewal Term, OR
B. Landlord gives Tenant 60 days' written notice before Ending Date or before
the end of any Renewal Term.
C. For Month to Month Leases Only: Either Landlord or Tenant may end a
month to month Lease by giving 60 days' written notice on or before the day
the next rent is due.
8: RENT
A. The total amount of rent due over the term of this Lease is $12,000.00.
B. The total rent due each month is $1,000.00 the first year, the second year,
may increase to $1,100.00 and increase per renewal of lease, not to exceed 5% per year
for the duration of the lease.
D. Rent is due on or before the1st of the month.
E. Tenant pays a late charge of $50 if rent is more than 15 days late for any
given month during the duration of this lease.
E. Tenant makes payments to:
27 South Regency, Carlisle, PA 17013
or before the 1 each month.
t?s??n
9. BEFORE MOVING IN, TENANT PAYS 1st month rent
A. First month's rent Paid $ 00.00 Due $ 1000.00
Total rent and security deposit received to date $ N/A
Total amount due before Tenant moves in 15t month's rent ($1,000.00)
Paid $ 00.00 Due $ 1,000.00
10. USE OF PROPERTY
A. Tenant will use Property as a residence only.
B. Not more than six (6) people will live on property.
11. UTILITIES AND SERVICES
A. Landlord will pay for
-cold water -hot water trash removal
_gas -heat X_ shrubbery care
-electricity -snow removal _ water cost over
yearly charge
_x-heater maintenance -sewage costs other
B. Tenant will pay for
_x-cold water x_hot water x -trash removal
_x_gas _x-heat _x -lawn care
_x_electricity _x snow removal _ water cost over
yearly charge
-heater maintenance _x-sewage costs X_other Renter's
Insurance
12. SPECIAL CLAUSES Any special clauses must comply with the Pennsylvania Plain
Language Consumer Contract Act. The Attorney General has not pre-approved any
special conditions/additional terms added by Landlord or Tenant after plain language pre-
approval of this contract.
A. Should tenant become ill or disabled, or infirm, to such an extent that he/she can no
longer enjoy the leased premises; he/she shall be released from all obligations under this
lease, with 60 days written notice to landlord. In the event of two tenants (i.e. husband &
wife) both parties must become ill, disabled, or infirmed to execute this clause.
TENANT(S)(initials? LANDLORD(S)(initials)
13. CONDITION OF PROPERTY
Tenant understands that Landlord will make no repairs, additions, or changes to the
property except as follows: NONE
14. IF PROPERTY WAS BUILT BEFORE 1978
Lead Warning Statement Housing built before 1978 may contain lead-based paint.
Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly.
Lead exposure is especially harmful to young children and pregnant women. Before
retaining pre-1978 housing, landlords must disclose the presence of known lead-based
paint and lead-based paint hazards in the dwelling. Tenants must also receive a federally
approved pamphlet on lead poisoning prevention.
A. Landlord initial one:
X Landlord does not know of any lead-based paint or lead-based
paint hazards (dangers) on the Property.
OR
Landlord knows that there is lead-based paint, or that there are
lead-based paint hazards on the Property. Landlord must explain what Landlord knows
about the lead-based paint and hazards, including how Landlord learned that it is
there, where it is, and the condition of painted walls, trim and other surfaces. Landlord
must give Tenant any other information Landlord has about the lead-based paint hazards.
B. Landlord initial one:
X Landlord has no reports or records about lead-based paint or
lead-based paint hazards at the Property;
OR
Landlord has given Tenant all available records and reports
about lead-based paint or lead-based paint hazards at the Property. List records and
reports:
C. Tenant initial all that are true:
Tenant received the pamphlet "Protect Your Family
from Lead in Your Home".
Tenant read the information Landlord gave in
paragraph 14(A) and (B) above.
Tenant received all records and reports that
Landlord listed in paragraph 14(B) above.
D. Agent for the Landlord initial:
NIA Agent has told Landlord of Landlord's responsibility under the
Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. ' 4582d). Agent must
make sure that Landlord gives Tenant the information required by the Act.
E. Landlord, Tenant, and Agent for Landlord certify:
1. By signing this Lease, Landlord and Tenant certify that the information
given is true to the best of their knowledge.
2. By signing here, the Agent for Landlord certifies that the information
given is true to the best of Agent's knowledge.
(Agent's Signature) NIA Date
15. RULES AND REGULATIONS
A. Rules for use of the Property are attached MIA Yes ^ No
B. Tenant promises to obey the Rules.
C. Landlord cannot change the Rules unless the change benefits the Tenant
or improves the health, safety, or welfare of others.
16. TENANT'S CARE OF PROPERTY
Tenant, Tenants family and guests agree to obey all laws and Local Rules that
apply to Tenant.
A. Tenant will:
1. Keep the Property clean and safe.
2. Get rid of all trash, garbage and any other waste
materials as required by Landlord and the law.
3. Use care when using any of the electrical, plumbing,
ventilation or other facilities or appliances on the Property, including any elevators.
4. Tell Landlord immediately of any repairs needed. Landlord does not
have to repair any damage caused by Tenant's willful, careless, or unreasonable
behavior.
B. Tenant will not:
1. Keep any flammable materials on the Property.
2. Willfully destroy or deface any part of the Property.
3. Disturb the peace and quiet of other tenants.
4. Make changes to the property, such as painting or
remodeling, without the written permission of Landlord. Tenant understands that
any changes or improvements will belong to the Landlord.
C. Repairs by Tenant: Tenant will pay to repair any item in or on the Property
that costs less than $ 25.00. Tenant also will pay to repair any damage to the Property or
to any item in or on the Property that Tenant or Tenant's guests cause through a lack of
care.
17. LANDLORD WILL MAINTAIN PROPERTY
A. Landlord will keep the property and common areas in reasonable condition
as required by law.
B. Landlord will keep all the structural parts of the Property in good working
order, including:
ceilings, roof, floors, walls, doors, steps, porches, windows
C. Landlord will keep all systems, services, facilities, or appliances supplied by
Landlord in safe and good working order, including:
air conditioning, sanitary, electrical, ventilation, drainage, security, heating, water
heating, plumbing
D. Landlord will keep Property reasonably free of pests, rodents and insects.
This does not apply if Property is a single-family dwelling.
E. Landlord will supply utilities and services as listed in paragraph 11 (Utilities
and Services) of this Lease, unless the service is interrupted by circumstances beyond the
Landlord's control.
F. Landlord cannot increase rents, as a result of any of the following:
1. Complaints to a government agency or to Landlord
about a building or housing code violation.
2. Organizes or joins a Tenants' organization.
3. Uses Tenant's legal rights in a lawful manner.
18. Landlord's Right to Enter
A. Tenant agrees to let Landlord or Landlord's representatives enter the
property at reasonable hours to inspect or repair the Property.
B. Landlord will give Tenant 24 hour notice of date, time and reasons for the
visit. In cases of emergency, landlord may enter Property without notice. If Tenant is not
there, Landlord will tell Tenant who was there and why within 24 hours of the visits.
19. Possession
A. Tenant may move in (take possession of the Property) on the Starting Date of
this Lease. [January 1', 2003]
B. If Tenant cannot move in because previous,tenant is still there or because of
property damage, Tenant can:
1. Change the starting date of the Lease to the day when Property is
available. Tenant will not owe rent until Property is available; or
2. End the Lease and have all money already paid as rent or security
deposit returned.
20. Rent Increases
The rent for the premises may be increased by a maximum of 5% on each anniversary of
the effective date of this lease.
21. Pets are allowed, but tenant must control and care for pets. The tenant will pay for
any damage caused by pets not being under control or properly cared for.
Tenant has landlord's permission to keep pets.
22. Smoke Detectors
A. Tenant will maintain and test (monthly) any smoke detectors on the Property,
B. Tenant will notify Agent or Landlord of any broken smoke detectors.
C. Tenant will pay for any damage to Property if Tenant fails to maintain smoke
detectors.
23. Fire or Other Damage
A. If the Property is accidentally damaged (fire, flood, etc.)
1. Tenant may continue to live on the livable part of the Property and pay
a reduced rent as agreed to by Tenant and landlord until the damages are repaired; if the
law does not allow Tenant to live on the Property, then this Lease is ended; or
2. If it is not possible for Tenant to live on the Property, Tenant must
notify Landlord immediately that Lease is ended and move out within 24 hours.
B. If Lease is ended, Landlord will return any unused security deposit [N/A] or
advanced rent to Tenant.
C. If Tenant, Tenant's family or guest cause damage by first or by other means,
this Lease will remain in effect and Tenant will continue to pay rent, even if Tenant cannot
occupy the Property.
24. After Notice to End Lease
A. After Tenant or landlord has given written notice to end this Lease; Landlord
may show Property to possible tenants. Landlord will not show Property unless Tenant is
there or has a reasonable chance to be there. Tenant does not have to allow possible
tenants to enter unless they are with the Landlord or Landlord's representatives, or unless
they have written permission from the Landlord.
B. Landlord may put up For Sale or For Rent signs on or near the Property.
25. If Tenant Breaks Lease
A. Tenant breaks this Lease if;
1. Tenant does not pay rent or other charges.
2. Tenant leaves Property permanently before the end of
this Lease.
3. Tenant does not move out when supposed to.
4. Tenant fails to do anything Tenant agreed to in this
Lease.
B. Non-payment of Rent: If Tenant breaks Lease by not paying rent or other
charges, landlord cannot evict Tenant (force Tenant to move out) from the Property without
a written notice. Tenant agrees that a written notice of five days is sufficient. This means
that if Tenant has not moved from the Property before the sixth day after landlord has given
Tenant written notice, Landlord can file a lawsuit to evict Tenant.
Tenant is waiving or giving up Tenant's right to a longer notice to move out.
C. Other Lease violations: If Tenant breaks any other term of this Lease,
Landlord must give Tenant written notice describing the violation and giving Tenant five
days to correct the problem. If Tenant does not correct the problem, Landlord can then
give Tenant five days written notice to move from the Property. If Tenant does not move
out, Landlord can file a lawsuit to evict Tenant on the sixth day.
Tenant is waiving or giving up Tenant's right to longer notices to correct problems
and to move out.
D. If Tenant breaks Lease for any reasons, Landlord may:
1. Take back possession of the Property by going to court to evict
Tenant. If Landlord hires a lawyer to start eviction, Tenant agrees to pay the lawyer' s fees
and Landlord's reasonable costs.
2. File a lawsuit against Tenant for rents and charges not paid for rents
and charges for the rest of the Lease term. If Landlord wins (gets a money judgment
against Tenant), Landlord can use the court process to take Tenant's personal goods,
furniture, motor vehicles and money in banks.
3. Keep Tenant's security deposit. NIA - Security Deposit Not
Required
26. Sale of Property
A. If Property is sold, on the date of settlement; Landlord will give Tenant in
writing:
1. The name, address, and phone number of the new
landlord.
2. Where rent is to be paid.
3. Notice that the security deposit has been given to
the new landlord, who will be responsible for it.
B. Tenant agrees that landlord may transfer Tenant's money and advanced rent
to the new landlord.
C. Tenant understands that Landlord will have no duties regarding this lease
after the Property has been sold.
D. Landlord does not agree to require any new landlord, as a condition of sale,
to take on Landlord's duties under this Lease and to honor them.
27. If Government Takes Property
A. The government or other public authority can take private property for public
use. The taking is call condemnation.
B. If any part of the Property is taken by the government, Landlord will reduce
Tenants rent proportionately. If all the any unused security deposit or advanced rent.
C. No money paid to Landlord for the condemnation of the Property will belong
to Tenant.
28. Subleasing and Transfer
A. Landlord may transfer this Lease to another landlord. Tenant agrees that
this Lease remains the same with the new landlord.
B. Tenant may not transfer this Lease or sublease (rent to another person) this
Property without Landlord's written permission. Landlord will be reasonable about giving
written permission.
29. Tenant has Fewer Rights Than Mortgage Lender
Landlord may have a mortgage on the Property. If so, Landlord agrees to make the
mortgage payments. The rights of the mortgage lender come before the rights of the
Tenant. (Example: If Landlord fails to make mortgage payments, the mortgage lender
could take the Property and end this Lease.)
Tenant may be waiving or giving up Tenant's rights. Tenant understands that if there
is a foreclosure, the new owner will have the right to end this Lease.
30. Mediation
A. Mediation is a way of resolving problems. A mediator helps the disputing
parties reach an agreeable solution without having to involve the courts.
B. Landlord and Tenant may agree to take any disputes arising from this Lease
to a mediation program offered by the local association of realtors or to another mediator.
Landlord and Tenant can agree to mediation as part of this Lease (by signing a
mediation form to attach to this Lease), or they can sign an agreement to mediate after a
dispute arises.
31. Insurance and Release
Landlord shall not insure the tenant's personal property, for which tenant shall obtain
separate tenant's insurance.
Acceptance of this Lease is hereby acknowledged by affixing my hand and seal hen
date of: a poi
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es A Blessing, Jr., Ten t Larry E oadcap, Landlord
Leslie A. Blessing Tena t 11 Suzan J. Road p, Landlord
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ABOM & KUTuL,4ms, LLP
36 S. Hanover Street
Carlisle, PA 17013
(717) 249-0900
LARRY E. ROADCAP and
SUZAN J. ROADCAP,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAMES A. BLESSING, JR. and
LESLIE A. BLESSING,
Defendants
: NO.: 2005-5389 CIVIL TERM
: CIVIL ACTION -LAW
DEFENDANTS' PRELIMINARY OBJECTIONS
PURSUANT TO PA.R.C.P 1028
Defendants, James A. Blessing, Jr. and Leslie A. Blessing, file this responsive pleading
by and through undersigned counsel and preliminarily object to Plaintiffs' Complaint pursuant to
Pa.R.C.P. 1028 as follows:
1. INSUFFICIENT SPECIFICITY OF A PLEADING
1. Plaintiffs filed their amended Complaint on June 13, 2006.
2. Plaintiff lists damages in its Amended Complaint.
3. Plaintiff failed to list with specificity the foundation of these damages.
4. Pa.R.C.P. 1028(a)(3) states that preliminary objections may be filed if there is
"insufficient specificity of a pleading."
5. Plaintiff failed to attach receipts or proof of payment by Plaintiff for any of the
damages listed.
6. It is believed and therefore averred the failure to attach receipts or proof of payment is
a cause for insufficient specificity of a pleading.
y
WHEREFORE, Defendants request that Plaintiffs' Complaint be dismissed for lack of
specificity.
II. FAILURE TO STATE A CLAIM (DEMURRER)
7. Defendants incorporate by reference paragraphs 1 through 6 as though set forth at
length.
8. Pa.R.C.P. 1028(a)(4) states that preliminary objections may be filed if there is "legal
insufficiency of a pleading."
9. Plaintiffs' Complaint alleges that Defendants "broke" a Residential Lease.
10. Plaintiffs have identified their Complaint as a "Landlord Tenant Complaint."
11. Under Pennsylvania law, most, if not all, of the money damages demanded by
Plaintiffs are not recoverable.
12. It is believed and therefore averred that Plaintiff's Complaint lacks legal sufficiency
to be sustained.
WHEREFORE, Defendants respectfully request that this Court grant their preliminary
objection by way of demurrer and dismiss Plaintiffs' Complaint.
Respectfully submitted,
& KuTuLAKrs. LLP
Jaso P. Kutulakis, Esquire
Supr me Court ID No. 80411
36 S anover Street
Carlisle, PA 17013
(717 2419A900
Kathleen A. e, Esquire
Supreme Court ID No. 200616
Attorneys for Defendants
ti
CERTIFICATE OF SERVICE
AND NOW, this 13th day of July, 2006, I, Kathleen A. Engle, of ABOM &
KUTULAKIS, LLP, hereby certify that I did serve or caused to be served a true and correct copy
of the foregoing Preliminary Objections by First Class Mail on the following:
Harold S. Irwin, III, Esquire
IRWIN LAW OFFICE
64 South Pitt Street
Carlisle, PA 17013
een A. e
Curtis R. Long
Prothonotary
office of the vrotbonotarp
(fumberfattb Couutp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
T- S'38g CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573