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Home My WebLink About05-6284 I COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS CUmberland County JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. d.(V:J-C:;J6r t; ;/ 1-" rt 'ifk?S- 1._)(,,--- f cA" 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT \\Tendy Lorenz & David Hittle MAG. 015T. NO. OR NAME OF D.J, 09-3-04 ADDRESS OF APPELLANT 449 Woodcrest Drive CITY Mechanicsburg SlATE Pa. ZIP CODE 17050 DATE OF JUDGMENT 11/17/05 IN THE CASE OF (PLAINTIFF) Coy Klinger & Eric Barner (DEFENDANT) Wendy Lorenz & David Wittle CLAIM NO. CV YEAR L T YEAR 0000611-05 '"-- This block will be signed ONLY when this notation Is required under PA- R,C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If pef/ant was I i a.' (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. ~l{Jnarure or I-'rOrnonolary or uepuly 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 A.C.P.J.P. 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 Coy Klinger & Eric Barner Name of appel/ee(s) , appellee(s), to file a complaint in this appeal (Common Pleas No. ;;ff)~-(.,,}t1 , appellee(s) of non pros. ) within twenty (20) days after service RULE: To Coy Klinger & Eric Barner Name of appellee(s) "---- his attorney or agent ~.... (1) You are notitied 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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3} Date White Green Yellow Pink Gold Prothonotary Copy Court File Copy Appelant's Copy Appellee Copy D. J. Copy Proth. - 76 C) \..:-~ l'....) c~., '-'-' -~ , CJ ---r ~ --I PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMl?I..AINt=; ~Sl- (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeaL Ch~applic~e bOll:~ . .,-- COMMONWEALTH OF PENNSYLVANIA 7.~ Cl COUNTY OF ; 55 (Jl -.J AFFI DA vIr: I hereby swear or altirm that I served o a copy of the Notice of Appeal, Common Pleas No. _ ______________, upon the District Justice designated therein on (date of service) __,____ .__________., year ._ ' Oby personal service Oby (certi1ied) (registered) mail, sender's receipt attached hereto, and upon the appellee, ~name -.______,___, on ______ ________, year __________, 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ___, year __________, 0 by personal service Dby (certified) (registered) mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ____ DAY OF ~____, YEAR _.._.' Signature of Affiant Signature of official before whom affidavit was made TilJeofofficial My commission expires on _ __...._' year ___' Leslie D. Jacobson The Law Offices of Leslie David Jacobson Attorneys for Defendants 8150 Derry Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 Fx: (717) 909-7788 COY KLINGER ERIC BARNER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS v. No. 2005-6284 WENDY LORENZ DAVID WITTLE DEFENDANTS CIVIL ACTION - LAW 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 rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013.3302 (717) 249.3166 800-990-9 I 08 Leslie D. Jacobson The Law Offices of Leslie David Jacobson Attorneys for Defendants 8150 Derry Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 Fx: (717) 909-7788 COY KLINGER ERIC BARNER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS v. No. 2005-6284 WENDY LORENZ DAVID WITTLE DEFENDANTS CIVIL ACTION - LAW DEFENDANTS' ANSWER. NEW MATTER. AND COUNTERCLAIM AND NOW, come Defendants, Wendy Lorenz and David Wittle, by and through their attorneys the Law Offices of Leslie David Jacobson, and files this Answer, New Matter, and Counterclaim to Plaintiffs' Complaint and in support thereof states as follows: I. Admitted on information and belief. 2. Admitted in part and denied in part. It is admitted that Defendants are Wendy Lorenz and David Wittle who previously resided at 449 Woodcrest Drive, Mechanicsburg, Pa 17050. It is denied that Defendants are currently residing at 449 Woodcrest Drive, Mechanicsburg, Pa 17050. Defendants do not know who YORK CRAFT, INC is. COUNT I 3. Denied. It is denied that on or about February 24,2005 the parties entered into a Lease Agreement wherein Defendants agreed to rent from Plaintiffs the premises situate at 449 W oodcrest Drive, Mechanicsburg, Pa 17050. It is further denied that a true and correct copy of the Lease is attached to Plaintiffs' Complaint as exhibit "A". By way of further response the Lease Agreement together with the Standard Purchase and Sales Agreement together make the total agreement between the parties. 4. Admitted in part and denied in part. It is admitted that Defendant agreed to pay the sum of$1,464.00 per month to Plaintiffs. It is denied that said payment was rent pursuant to the terms of the Lease. 5. Admitted in part and denied in part. It is denied that Defendants have defaulted in their obligations under the lease by failing to pay monthly payments as due and currently owe $4,392.00 in unpaid rent plus late charges of$150.00. All rental payments were made until August 2005. To the extent that payments were due after August 2005, it is admitted that no payments were made and tendered to Plaintiffs. 6. Denied. After reasonable investigation Defendants is without knowledge or information sufficient to form a belief as to the veracity of the averment. Strict proof demanded at time oftrial. 7. Denied. It is denied that the amount in controversy does exceed that jurisdictional amount requiring arbitration referral by local rule. WHEREFORE, Defendants prays this Honorable Court to dismiss Plaintiffs complaint and grant judgment in favor of Defendants together with court costs, attorneys fees and as well as any other relief deemed proper. COUNT II 8. Admitted in part and denied in part. It is admitted that on of about February 24, 2005, the parties entered into a Standard Purchase and Sales Agreement wherein Defendants agreed to purchase from Plaintiffs the premises situate at 449 Woodcrest Drive, Mechanicsburg, Pa 17050, the purchase price being $241,000.00. It is denied that a true and correct copy of the Agreement is attached to Plaintiffs' Complaint as exhibit "8". 9. Admitted in part and denied in part. It is admitted that Defendants agreed to pay non-refundable deposit of $6,000.00 to Plaintiffs. By way of further response Plaintiffs and Defendants verbally agreed that Plaintiffs would hold the $6,000.00 check until! closing. 10. Denied. It is denied that Defendants have defaulted their obligation under the Agreement by failing to pay $6,000.00 deposit. II. Denied. It is denied that the amount in controversy does exceed the jurisdictional amount requiring arbitration referral by local rule. WHEREFORE, Defendants prays this Honorable Court to dismiss Plaintiffs complaint and grant judgment in favor of Defendants together with court costs, attorneys fees and as well as any other relief deemed proper. NEW MATTER 12. As a landlord under the lease, Plaintiffs had a duty to maintain the premises located at 449 W oodcrest Drive, Mechanicsburg, Pa 17050 in habitable condition while Defendants occupied said premises. 13. Plaintiffs failed to maintain aforesaid premises in a habitable condition. 14. Specifically Plaintiffs failed to provide the following: a. A working garage door opener. b. Two refrigerators were not in working order. c. A bar stool was missing. d. A working microwave. e. The Air Conditioner was leaking and Defendants paid for and/or repaired the unit back to working condition. f. The Dryer was not operable and Defendants paid for and/or repaired the unit to working condition. g. The Microwave was not operable and Defendants paid for and/or repaired the unit to working condition. h. The faucet on the kitchen sink was loose and Defendants paid for and/or repaired the unit to working condition. 15. All of the forgoing entitle Defendants to a rent abatement and credit towards rent paid. 16. Plaintiffs verbally promised a full tank of propane when Defendants took occupancy. 17. Plaintiffs failed to provide a full tank of propane when Defendants took occupancy. 18. Defendants paid $400.00 to Plaintiffs to fill the propane tank and is entitled to a credit from Plaintiffs in the amount of $400.00 19. In the fall of 2005, Plaintiffs prevented Defendants from being able to purchase propane for heating and were unable to heat the premises from September 2005-0ctober 2005. 20. Pursuant to terms of installment Sales Agreement Defendants were ready willing and able to close on October 31, 2005. 21. On or about October 29, 2005, a fire occurred at the subject house rendering the subject house rendering it uninhabitable forcing Defendants to leave the premises. Closing did not take place. COUNTERCLAIM I - BREACH OF THE LEASE 22. Without heat Defendants were forced to burn wood in the fire place. 23. Because the property was inhabitable the Defendants were forced to move into a hotel where they have incurred the following costs: a. storage fees in the amount of $1 ,000.00 b. moving costs of$500.00 c. the loss of the value their property left in the garage at 449 W oodcrest Drive, Mechanicsburg, Pa 17050 in the amount of $1 ,500.00 d. hotel costs in the amount of$3,000.00. WHEREFORE, Defendants prays this Honorable Court to enter judgment in their favor and against Plaintiffs in the amount of $10,000.00 plus court costs, attorneys fees as well as any other relief deemed proper. COUNTERCLAIM II - BREACH OF THE STANDARD PURCHASE AND SALES AGREEMENT 24. Plaintiffs refused to credit the diminution in value ofthe subject property and close at a reduced purchase price. 25. At all times Defendants were ready willing and able to close on said property. 26. Plaintiffs refusal to close on the property constitutes a breach of the Purchase Agreement and Sales Agreement. 27. As a result of Plaintiffs breach, Defendants were forced to move into a hotel where they have incurred the following costs: a. storage fees in the amount of$I,OOO.OO b. moving costs of$500.00 c. the loss ofthe value their property left in the garage at 449 Woodcrest Drive, Mechanicsburg, Pa 17050 in the amount of $1 ,500.00 d. hotel costs in the amount of$3,000.00. 28. Defendants will continue to incur expenses as a direct result of Plaintiffs' breach. WHEREFORE, Defendants prays this Honorable Court to enter judgment in their favor and against Plaintiffs in the amount of $1 0,000.00 plus court costs, attorneys fees as well as any other relief deemed proper. Dated: January 26,2006 Leslie D. Jacobso , ID No. 52673 8150 Derry Street Harrisburg, P A 17 (717) 909-5858 Counsel for Defendants ~ VERIFICATION I, David Wittle, being duly authorized to make this verification, do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: / //)~ J;b ;' I B~ 91JJ~!JI- / a Id . it! e ~ . / , . COy KLINGER ERIC BARNER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS v. No. 2005-6284 WENDY LORENZ DAVID WITTLE DEFENDANTS CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned Paralegal employed by the Law Offices of Leslie D. Jacobson, hereby certifies that a true and correct copy of the within Defendants' Answer, New Matter and Counterclaim has been duly served this day, by depositing the same in the United States mail, first class, postage prepaid, addressed as follows: Steven M. Carr, Esquire Kain, Brown & Roberts I 19 East Market Street York, Pa 17401 ut/~ Chad Julius, ~aralega] Law Offices of Leslie D. Jacobson 8150 Derry Street Harrisburg, P A 17111 (717) 909-5858 Date: January 26, 2006 . " Mag_ 'Disl. No: 09;.3 ~04. NQ.TICE OF JUDGMENTITRAN$CRIPT, P~AINTIFF:RESIDENTI~b~nf.~!~ . 'iLnrGU. co:r ..' ~. ute ' .., 5716~OD AY.~u" BAlUlI:SB1JllG, PA 17112 L .J VS. NAME andADDflESS ' .., /COMMQNWiOALTH OF PENNSYLVANIA . COUNTY OF: . ctJJiBBRI.AIID MDJ'Name: Hon, THODS A. P~CBY ."'"", 104 S SPOIlTOIG HILL BD IIBCJlU(ICSB1JllG, PA. DEFENDANT: IT .. . . . LOJlJIJIZ, WBIllDY. ft. AI,. .49 WOODCRBST DUn: KBCBARI:CSB1JllG. PA 17050 L T.",h~,.(717) 76.1-8230 17050 lQaIDY LQIlDZ 4<19 'IfOODCUST DIlXVB MBCBARXCSBUIlG, PA 17050 Docket No.: LT...0000611-0S Date Filed: 11/08/05 . . .J . THIS IS TO NOTIFY YOU THAT: Judgment: ;..' . ..... I:n.~Ii;t:e'1' _'. ......... ~-OO--Juagmij'nfwas~nte~d fof . (Name) "'--D.~iIG&, .C5'i...~:'"BiiC" ....~... ...._.~-~"""'...., pJu!:!gment was entere!:! against LOItBIIZ, 1fBIIDY in a 'l1iLandlord/Tenant a~jonjn the amount of$ 4,702.50 on 11/17/05 . (Date of Judgment) The amount of rent per month,<ls established by the Magisterial District Judge, is $1. "64.00. Thetota.l.amount oUhE! Security Deposit is $ .00 Total Amount Established by MDJ Less' SecUrity Deposit AP.l2lied = Adj\.ldicatedAm9 ount Rent in Arrears $ . 4,392.00 -$ . .UO = $ ",3 ,LOO Physical Damages LeaseholqPJOperty $ ..00 $ .. .00 - $ .' . .00 Damage&lUnjust Detention $ . _ 00 - $ . . _ 00 = $ . DO Less Amt Due Defendant trom .Cross Complaint - $ _ 00 Interest (if provided by lease) . $ 1 liD 00 ur judgment Amount $4. li42 011 Judgment Costs $ 160 _ 50 Attorney Fees $ 00 T01al Judgment $",702.50 Post Judgment Cred.its $ PostJudgment Costs $ Certified Judgment To1al $ a IS e y Ime 0 eVlc Ion. D Defendants are jointly and sever~IIY liable. o Attachment Prohibitedl 42 Pa.C.S. S 8127 D This case dismissed without prejudice. D Possession granted. t:j Possession granted if money judgmjlnt is no Possession not granted. '. . ""'-,:,, '" .. '.. .' ..,,::;,,;":":"':'f~'---:';' ". .'<:--::.._,~--:--."..:., ..:<""." ',! .' ": . ..'~'::"; . . ,.' "",:",'-'d':';': ,.J . INI,NACTlQNII'll!,PI.VJN9A RESIDENTIAL LEASE, ANY PARTY HAS. THE RIGH.T TO APPEAL FROM A JUDGMENT FOR P.OSSESSIONWI.THIN n:N DAYS AFTER THE DAn: OF ENTRy.oF JUDGMENT BY RUNG A N011CE OF APPEA~ WITH THe PRQTHONOT ARY ICLERKQF COURTS OF.THECOURT OF COMMON PLEAS, CIVIL DIVISION, THIS APPEAL WII.L INCLUOE AN APPEAL OF TliE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARYIC~ERK OF COURTS THE LESSEI'! OF THREE MONTHS RENT OR THE RENT ACTUALLY .11'1 ARREARS ON THE DArE THE APPEAL IS ",LED. . IFA PARTY WISHES TO APPEAL ONLY rHE MONEY PORrlON OF A JUDGMENT INVOLVING A RESIDEN11Al. ~EASE, THE PARTY HAS 30 DAYS AFTER THE. OATe OF eilrmv OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEA~ WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, C1VI~ DIVISION. . THE PARTY FlUNG AN API'EAL MUST INCLUOE A cOpy OF THIS NOTICE OF JUDGMENTrrRANSCRIPT FORM WITH rliE NOTICE OF APPEIIL. EXCEPT AS OTliERWISE PROV10ED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT. . HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMO.N PLEAS,ALL FURTHER PROCESS Musr COME FROM THE COURT OF COMMON. PLEAS AND NO FURTHER PROCESS MIIY BE j'SSUED BY THE MAGISTERIAL DISTRICT Jl)DGE. ..,' UNLESS THE J\lOGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE Jl\l~~N'I'!i4AY FILE A REQUEST FOR ENTRY OF SATISFACTION WITIi THE MAGISTERIAL D1srRICT JUDGE IF THE JUDGMENT ~R'Il'AYs'iN ,F~LL, SETTLES, OR OTHeRWise COMPUES WITH THE JUOGMENT. ',;. " '" Date ISIS a.true an Date Mv commission expires first Monday of January, 201.0. AO'~iC 31SA.C6 . E0/E0 39\1d S3ld\llS Ings containing SEAL P5"L%LL 1L T PE:9T "00G/0E/TT "^ ~') IJ\ ~ . -S) "'\ ~ ~. ~) v\ "'--. ~ ..' ~ ,j' ~ .' .- --... ~ '\ V.J '" ., ---- " -, &1 ----.---- r' ~._. l',''''' ....,- '..---- -~ - - ~ COM1\.10NWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM ':'q::"'0::-- t-::_:-J' DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT -,,, COMMON PLEAS No. ;)O:J')- 0;/6/-/ C. tv i lli '1 ()d()) NOTICE OF APPEAL Notice is given that the appellanf has filed in the above Court of Common Pleas an appeal from the judgment rendered by fhe Dis- trict Justice on the date and iwthe case menfioned below. ~.\/ .itU.s ] MAG. DIST, NO. OR NAME OF D.J. NAME OF APPELLANT ':;j;_:: ': :~.or:c_:':::Z ,,"'., ADDRESS OF APPELLANT CITY STATE ZIP CODE 17;0 : (J cx:)'"::c:c':~ -.t .ci'i7<~ ';"\,-:-i{lic:,: '~l'~::--- DATE OF JUDGMENT 11 /17/ (i'= (DEFENDANT) '}1 :Lt),:'"')or ,-:~ .-Tic -'~_\_"C:1 ::CC VS. SIGNA;URf OF APPELLANT OR HIS ~rraR.tiJy OR AGENT ~" i \,__ 1 I \- / -~c:=- \../ ,t'i, 1'---.;, -.J':)':-i~;';ClZ 'X:~.\("L" .iti J CLAIM NO. CV YEAR LT YEAR r,n"<,r',1'I_r.'.~ -- "- This block will be signed ONLY when fhis notation is required under PA- R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the Districf Justice, will operate as A SUPERSEDEAS fa the Judgment for possession in this case. I"~!ppellant was I i a (see PA R.C.P.JP. No. 1001(6)) in action before district Justice. he MUST FILE A COMPLAINT within twenfy (20) days after filing his NOTICE of APPEAL ;)qnalUre 01 fJromonotary or uepury PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section 01 form to be used ONLY when appellant was DEFENDANT (see PA R.C.P .J.P. No.1 001 (7) in action before District Justice. IF NOT USED, detach from copy 01 notice of appeal to be served upon appellee. PRAECIPE: To Profhonotary Enter rule upon lin':'::'I' . '~ric "''''':oJ-;",'.:- Name of appellee(s) , appellee(s), to file a complaint in this appeal (Common Pleas No. ;;to'>=-(n;;~<I RULE: To , appellee(s) t of non pros. ) wifhin twenty (20) days after service J-I'UI:,:r ("'I . ::-ic - ~'T,L --.-'.---.(--- Name of appellee(s) (1) You are nofified that a rule is hereby enfered upon you to file a complaint in this appeal within fwenty(20) days affer 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 complainf within this fime, a JUDGMENT OF NON F'ROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The .date of service of fhis rule if service was by mail is the date of the mailin?:f l lA Date: ).;JROM,)I;Bi '7 , Year :J.()() ~ notary or Deputy White Green Yellow Pink Gold Prothonotary Copy Cou'rt,F;=ile Copy Appelant's Copy Appellee Copy D. J. Copy Proth. - 76 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF (\~~ no ,. rl ; S5 AFFI DAVIT: I hereby swear or affirm fhat I served !ifa copy of the Notice of Appeal, Common Pleas No. ~.lo.;l-ga.f (ci ".1) upon the District Justice designated therein on (date of service) \9. - ~ - ,year ~ 5 , 0 by personal service 'l5ahy (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name ~ tl. \: ~ e.,- "" ~ ri c... Bo..r t'\ e..r . on 'a - '1> .... , year ~ D by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto. [Y'and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appeUee(s) to whom the Rule was addressed on \;l. - g - , year ~ 5 , D by personal service g]by (certified) (registered) mail, sender's receipt attached hereto. f " SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS r'fEAR ao05 /// ( ;,(....-- ,'I ; 1'1 , " II;) l' ,-i')I (, Signature of Affianl TitleofoffiGial My commission expires on \0 - 3~ , year ~ 7003 --;< --" ,-\ (i) 0,,", o ~~ - ,..--' ...J ~ If, ';1% ;:l . "'. o fj) , co '0 (Jl ~'d:J>' ti f\"" . <n ",. ~ :;l ~ ," \--' IT\ p.l ,..,;.. '.-,.... () ...-- ~... ro .">< -'r' -1 o ~o \J' O~.J ~\ . . . . '"'O~(") J:> ~~~~.(tlO 2: o~....~33 Q.. ?()i-<~-g. (f) _::T.....o:::o;.~ 'g i ~.~ ~ :D~. a. _l/l"":J $..... Q ooC'l~,....~ ~ ~(l1~g5'Th 0. %a@ !~ 9. {J ~~i.CJ~ ~:1":;:) tll co Sl): ro(tl-o.:::=:? -oCf'i6o.~o.. 52.~Oa.<~ 3"F~YA-'~ ;::+9..aO~Vl ~~O~~O co -< ;:! :::;. 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D~:' ~ .0::;:;(..' :L"r::.': =< r--> C-:Jo = ,,-,, c:> rl ('") 0' '""" ::;-.: ;:- C) -TI ..... ::L-T] rnF;. ~~p:j .\~ f ;Ji ~~) =l..:~\ '~i~t:~ 9 "1'" 'D :< N J::" Dec.15. 2005 12:09PM No. 2323 P. 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COY KLINGER ERIC BARNER Plaintiffs : No. 2005-6284 vs. WENDY LORENTZ DAVID WlTTLE Defendant : CIVIL ACTION - LAW 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 cotU't 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 required 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. Lawyer Referral Service York County Bar Association York County Court House 28 East Market Street York, Pennsylvania 17401 Telephone: (717) 854-8755 Dec. 15. 2005 i2:Q9PM No. 2323 P. 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COY KLINGER ERlCBARNER Plaintiffs : No. 2005-6284 vs. WENDY LORENTZ DAVID WITTLE Defendant : CIVIL ACTION. LAW A VISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificaci6n por cualquier dinero reclamado en la demanda 0 por cualquier otra queja 0 compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO lNMEDlATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VA Y A OLLAME A LA OFICINA EN LA DIRECCION ESCRIT A ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service of the York County Bar Association York County Bar Center 137 East Market Street York,PA 17401 Telefono No. (717) 854-8755 Dec,15 200) 12:09PM No, 2323 p, 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COY KLINGER ERIC BARNER Plaintiffs : No. 2005-6284 vs. WENDY LORENTZ DA VlD WITTLE Defendant : CML ACTION - LAW COMPLAINT AND NOW, COME the Plaintiffs, Coy Klinger and Eric Barner, by their attorney, Steven M. Carr, Esquire, of the Law Firm ofKain, Brown & Roberts and files this Complaint as follows: 1. Plaintiffs are Coy Klinger and Eric Barner, adult individuals with a business address of5716 Kenwood Avenue, Harrisburg, PA 17112. 2. Defendants are Wendy Lorenz and David Wittle YORKRAFT, INC., adult individuals now or previously residing at 449 Woodcrest Drive, Mechanicsburg, PA 17050. COUNT I 3. On or about February 24, 2005, the parties entered into a Lease Agreement wherein Defendants agreed to rent from Plaintiffs the premises situate at 449 W oodcrest Drive, Mechanicsburg, PA 17050. A true and correct copy of the Lease is attached hereto as Exhibit "A" and incorporated by reference herein. 4. Pursuant to the terms of the Lease, Defendants agreed to pay the sum of $1,464.00 per month as rent. Dec. 15. 2005 12:09PM No. 2323 P. 5 5. Defendants have defaulted in their obligations under the lease by failing to pay monthly payments as due and currently owe $4,392.00 in unpaid rent plus late charges of $150.00. 6. Plaintiffs have also incurred court costs of $160.50 for the filing of an action before the District Justice, and have or will incur additional costs in order to recover possession of the premises. 7. The amount in controversy does exceed the jurisdictional amount requiring arbitration referral by local rule. WHEREFORE, Plaintiffs demands judgment against Defendants in the amO\Ult of $4,702.50 plus court costs, attorney fees and interest as well all any and all other reliefthe Court deems proper. 8. COl.lNT II On or about February 24, 2005, the parties entered into a Standard Purchase and Sales Agreement wherein Defendants agreed to purchase from Plaintiffs the premises situate at 449 W oodcrest Drive, Mechanicsburg, P A 17050, the purchase price being $241,000.00. A true and correct copy of the Agreement is attached hereto as Exhibit" I! " and incorporated by reference herein. 9. Pursuant to the terms of the Agreement, Defendants agreed to pay a non- refundable deposit of $6,000.00. 10. Defendants have defaulted in their obligations under the Agreement by failing to pay the $6,000.00 deposit. 11. The amO\Ult in controversy does exceed the jurisdictional amount requiring Dec.15 2005 12:09PM '. No. ~323 P. 6 arbitration referral by local rule. WHEREFORE, Plaintiffs demands judgment against Defendants in ilie amoWlt of $6,000,00 plus court costs and interest as well as any and all other relief the Court deems proper. Kain, Brown & Roberts Steve ,arr, sq Atto ey r Plaintiffs 119 arket Street York, PA 17401 (717) 843-8968 1.0, #34336 Dec.15. 2005 12: 10PM No. 23.23 P. 7 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. ,/'1 Date: 1'2! I <; } b ~ , /1 .C" l'z,~' ~. I ( IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COY KLINGER ERIC BARNER Plaintiffs No. 2005-6284 vs. WENDY LORENTZ DAVID WITTLE Civil Action - Law CERTIFICATE OF SERVICE I, Steven M. Carr, Esquire, attorney for Plaintiffs, hereby certify that on this day I served a true and correct copy of the attached document upon the following persons by depositing same in the U.S. Mail, first class postage prepaid, addressed as follows: David Wittle Wendy Lorentz 449 Woodcrest Drive Mechanicsburg, PA 17050 KAIN, BROWN & ROBERTS LLP Date: I J - ~ '8 - 0 S' By: AUG-2d-200S(WEO) 1S:32 PRUO THOMPSON WOOD REAL ESTATE (FAX)717 701 2503 P.OIO/OI3 Rl!:SIDEN'fIAL LEASE AGREEMENT DATED: FEBRUARY 24, 2005 ERIC BARNER. AND COY KLINGER, Owners. and WENDy LORENZ AND DAVID WHITTJ...E, Tenants. 1. PROPERTY: Owner leases to and Tenant hires from Owner those premises dcscn'bcd as 449 Woodcrest Dr., MechanicsburgPA, 17050. ~~ ~3. 2. TERM: The term of this lease shall bc for 3 months beginning on March 1, 2005, and ending on J'lJl- i . ::065: At this time this lease will switch to a month to month basis, until said Tenants purchase property. !fyou intent to lease at the end of the lease, you agree to give the Owner notice in writing at least 30 days before the lease runs out. AMOUNT: Payments of$I,464 per month arc to be paid, IN ADVANCE, on or before the first day of each month by GOOD CHECK or money order. If your full payment in good funds is not in our office by thc 5~\ day ofthe month a late penalty onso.oo, plus $5.00 per day wt1l be added. An additional $25.00 will be charged for any bad checks. Mail checks to: 4. Security Deposit: $ 0.00 has been paid as Security Deposit. The full lllDount will be returned to you in a reasonable time after termination of this agreement (usually within IS days) less the following: A. Any rental payment or portion thereof required by the tenns of iliis lease that are not paid. 8. Any unpaid charges and insufficient charges as discussed above or later in this agreement. C. Any costs incurred by the owner caused by the enforcement of; or your breach of any tenns or provision of this lease - including court costs and attorneys fees. D. Cost of any repairs or replacements, redecorating and/or refurnishing of the premises, or any fixtUre, system or appliance caused by other than ordinary wear and tear. E. A reasonablc clearing Cl<pense provided that you do not leave the premises in clean and rentable condition at the time you vacate F. A reasonable C1I:pense for hauling to remove debris, trash, and rubbish from in or around the premises which you left when you vacated G. Cost of replacing keys which have not been returned and/or cost of a locksmith H. Cost of Cl<ccssive usage of utilities paid by Owner S. UTILITIES: You will pay for all utilities which are, of shall become necessary for occupancy of the premises. It will be your responsibility to exercise care in the E.'j,.A AUG-2d-200S(WEO) 15:32 PRUO THOMPSON WOOO RERL ESTRTE (FRX)717 761 2563 P 011/013 use of the utilities and you will be charged for any excessive use of utilities paid for by Owner. 15. OCCUPANCY; The premises are 10 be used exclusively as a residence by only the following named persoos: Wendy Lor~ David Whittle, and Family 7. MAlNT.ENANCE: During your residency this property will be your home and should be treated as such. You will be responsible fur hiring QUALIFIED service . people to take care of all maintenanee on property and to repair any damage caused by you Dr your guests Dr invites regardless 0& cost. Evidence of poor quality maintenance Of use of unqualified service people is a violation of this lease. Any other repairs will be addressed by the owner or his agent within 72 hours, and necessary repairs will be made within 10 days of receiving written notice from you. You will also water and maintain your yard and landscaping and keep your yard, parking areas and garbage areas clean and uncluttered. 8. PEST CONTROL: You arc responsible to keep thc premises free of pests and pay for pest control services if such services are desired. 9. ALTERATIONS: You agree not to paint or alter your dwelling in anyway, nor change locks without Owner's prior written consent. 10. USE: You. the tenant, shall use the premises in such a manner as to comply with all local, county, state and fedcrallaws, rules, ordinances. regulations and codes, and shall nOL usetbe premises or permit it to be used for any disorderly or unlawful purpose or in any manner determined by Owncr to bc offensive to any of the neighbors. 11. CONDITION: This residcnce is rentcd in .. AS-lS" condition, with the understanding that no additional improvements will be made at the time of the move-in, based on the present rentlll rate. However, if you desire a rental improvement, the rental rate wi 1I be renegotiated to a higher amount to allow for the improvements chosen. Unless written DOtice to the contrafy is presented to the Owner within 72 hours after you move in, everything in or about the premises will be considered to be in good condition and that a working smoke detector has been installed. (YOU AGREE TO PERIODICALLY TEST AND MAINTAIN TIlE SMOKE DETECTOR) 12. VEHICLES: You may park only in assigned spaces where parking space is limited. Also, you may not repair your vehicles on the premises, unless in an enclosed garage, if such repairs take longer than one day. 13. ASSIGNMENT AND SUBLETIING: You shall not let or sublet all or any part of the premises nor assign this agreement or any interest in it. AUG-24-2005(WEO) 15: 32 PRUO THOMPSON WOOD REAL ESTATE (FAX)717 761 2563 P 012/013 14. ENTRY: You, the Tenant, agree to allow the Owner to insp~ the prcmises and to show it to prospcethre tenants, prospective purchasers, mortgages, and contractions at any and all reasonable times. 15. ABANDONMENT: If you abandon or vacate thc premises. Owner may terminate this lease and regain lawful possession. 16. WAIVER: The waiver of any bl'l:llch shall not be construed as II continuing waiver of any subsequent breach, and the acceptance by Owner fo partial payments due shall not, under any circumstance, constitute II waiver of any rights or Owner under this lease, nor effect any notice oflega.! proceedings in unlawful detainer theretofore given and commenced under state law. 17. LIABILITY; Owner recommends that you. the tenant, obtain personal liability insurance. Owner has no insurable interest in your personal property. Nor, will Owner be liable for any acts by, or damage or injury to YOll. your tamily, guests, invitee, or any other persons or property, occurring in or near the premises and you agree to hold us barmless from any claims for damages no matter how caused. IS. INVALID CLAUSES: Should any provision oftbis lease be found to be invalid or unenforceable, the remainder of the lease shall not be affected thereby and each term and provision herein shall be valid and enforceable to the fullest ClCtent permitted by Jaw. 19. ENTIRE AGREEMENT: This lease document and the attached exhibits constitutes the entire agreement betWeen the parties and may he modified only in writing signed by all parties. 20. TIME: Time is of the essence in this agreement. 21. VIOLATION OF TERMS; Violation of any part of this agreement or nonpayment of rent when due shall be cause for eviction under the appropriate sections of the applicable code, and the prevailing party shall recover court costs and reasonable attorney's fees. Both owner and tenant further agree to waive trial by jury and submit to the decision of the Judge who has jurisdiction over this subject matter. In any event: No action will be filed in any court after one year of the ca.use(s) for such action. 22. ACKNOWLEDGEMENT: You hereby acknowledge that you ha.ve read this agreement, understand it, agree to i1:, and have been given \I. copy. OWNER~;a OWNER; RESlD AUG-24-2005(WEO) 15:31 PRUO THOMPSON WOOD REAL ESTATE (FAX)717 761 2563 P 007/013 STANDARD PURCHASE AND SALES AGREEMENT l'uWcl: WENDY I..OREN:tMlO O"VIDWHl'rTLE (1WYRRS)lIIld ltRIC;1 RARNF.R ANn COYKUNCIDt CSELLERS), which t= may be $ngulur orptunzl and will inelude ~IC hei.... .u""""".... por.lDIUJI n:ptC>lCIIllltivlS QlId lUll'i1!J1" ocSeller lII1d Bu}'<:r, b.:n:by up thol Sellcrwilll1Cll "lid Bu,Ol"win buy Ibe Collowing Jl'1lPOlIY, UJlDl11hc (ollowing 1= lII1d CDlllliti<lllS if ccm1'lel=1 ormorked. In ""y CDnlliet OC lc::nnS or ClInclitiOllll, thul which ill lldo:L:d will supaxde thol which is tll'inied or matked. The Property i. in CUMBERLAND County. ,,"d ill described lIS ColloWO (IflcnlllhY. ulUll:h logAl dcscril'lion): ~ BEDROOM, 2.5 BA111ROOM. 2 CAR aAl~GE .Addtcol: 449 WOODCREST OR, MllCHANICSBURGPA.17OS0 II ill UI1derslood thnt the l'raper!Y will be CDnv~'lld by Gencnd Wommty Deed CUIII_ oll1&:,willO ''''l!lired) SlIbja:l to UlXJ:O,.".;,.;ng'''nlng (unl...otbetw!s.:OJl"Ciliodin Jll1lUgrupb 15),CDvenmllli, re<triolians""d"""",,,CII\$ OCICCOr<!. 1. Tolnl Pun:bIzoc Price lo be pui<l by Buy<r is poyPble ",,'ollaw:< A. Binda' cIepo:ril which will n:muin US D biudol' Ulltllelooing, unl... _.cr rCllfcitod or n:lurncd, nceonling 10 Lbe ptom_ in lhi. Agt1eement $ 6,000 B. IIdWtiCllllll bind=- deposit due v.i~1in C..) days olW Illth: OC lhiugl1',,",CIIl $ C. Bobllll:c due nt elO8ingCnot including Buyer's closiag.........J"<'l'lIid;IClllllO'l'ttmllion1I)in U.s. eoshor IllClllly dnlwn cet1itied Ill' c,"'Ii.... chcck: .pptoxizonlcly [ 1 0' lODlCUy /Xl 5 235.000 .0. Pro<:eedl<of.,_llIllI1 to beexeeutod by Buyer to IIlIY JClIde'olhe'lbun Seller $ E. Purl:ba:Je meacy 1... to Selle' on I",",,! IO:t 'o"h in l'llmgnlpl. ~13 $ F, Other fuumcing S a. Exitaing mnrtcose bolnncc eneumbering the Property to be IISSUIllOd by Buyer (...........,) $ 1L inllll1'tll1:lllloc PriCe: npplOltimlllely II 0' exnetly pq 2. EARNEST MONEY (lA) lS 1'IQN.RltF1.lNDAllI..lt A. U Laan.;\:olumplioo: Buyer ""'1.......,..do thol illlcl'1:Sl [ 1 willl J will 1101. 0I<lllnte lllId i.. [ J ...noble [) Weed tlllc. Buyer Wl11 wi~li" _ duy.< moke ""lwred oppUcaliCll\ IIlld timely 1'm,oidc quaJilying inflll'lllllli"".. requin:cl by lendt:r. Buyer', .blil!ll!io. to d""" i:l CDotiztr,cnlonlc:t1dcr" '\lIl<O'Illl or lhcu:lOlUlllptivn wilhin _ do)" oCUle dote oC..:eepblnCCoClbis 'g":cltll,nl. $ 241.000 B, [] Sel1er: The boIoncc dllc 10 Selle' v.ill be ",oidcnocd by II IIcsotiublcprntI1iB8oly 1I0le orllotrower. 0CCllm:I by D vnlid. pun:hu:o: m",,"l' _ mortgllB<' or TI'Illlt Peed on Ule Property mid den.""", Ill' Bu)"I' to Seller <hued UlCdoh: orelOllinS. benrinslll1ll1ll11 im"""", me of _ %""d pol"'blcS _ per _ c.r [1 _)'C'lrs LJ _ mnnlhn. Privilege ofprepoyment [ ] d""" .p1'ly [ ] docI nol apply. Th:: JOlIn will be _ due o. ..Ie _ not dlle an lllllc ol1'ropcr1y. 2. B\>yetWilll'o:y: A Closing Cnst: lXIR<:eorcling lees lXJ Noh: stmn(ll' [XI Tnblngiblcw< [XI Cn:clit Repotl:l [] l.OIlIl ttnnlIcer nnd ll!lllUlI\l'tion eh001JCll (J VA funding roc [XIL... insumoce)XCQlium [XI T.DDI1 originlllion li:e l JI..oon dUlcount natto""cecd_ [XI TtlIllOfcrTax [XI Wood DdIroyiog Ot)!lullsm Report pq A1'p;.tiso! lXJ S\ll"A."y [Xl l,Ue lnsUIlSllCC Policy 3. Seller Will Pny: A Clooling Cost: [XI Trlll1SlCr Tlllt l J TlUe tnsnnlnce Policy l J Anomcy'. reel J RcoJ lJ/;Ull. 13",k,,",se Fee l J Loon dil:count 1I0~ to ....cee<l_lXI Solisfoction IIlld n...ording roc: [ ] RcpoinI 0' n:plnccmcnlll, in ndditioll to ~lnllO in pIU1lgmph " 1I0t to.,..,.d $ [ ] Wood desttoying orgonilll1l report l ] Appnlilllll feel] SIll'Ylll' B. All o~ler chlll1\C$ rcquin:cl by lender, which Buyer ill Pfllbibitcd froOlI"')'ioi: by low or rcguIuliou. E. 1-. . 13 AUG-24-200S(WED) IS: 31 PRUD THOMPSON WOOD REAL ESTATE (FRX)717 751 2S53 P 008/013 C. An mortjJllge P"l1llcnl:; or coDdaminium und .......inti.. ,... win be cummlol Bu)Icr's C<JlClI'"' 111 11... time of closing. 4. Paymcul ExpauIcl: lfBuyd' UIllul10 perform. oUIoou.llDd sole pttI<dIrirtglU1d el...ng co... in=l. wbelhcr lhe Mm. were 10 be poid by Sellet or Buyer will be 111. ""'l'Oflsihilily .flhc Buyer. with <- do:ducl<:<lliom bin<1cr de)1osiL lfScll... foil. 10 pafanD, ull lDDll, SIlles processing ond <:losing coots inl:W:ll:d wbol!lcr same WOleUl be paid by Sellet arBuyerwill be Iher.spalllribilily of Seller: and Buyer will be ClIlil10d to tho rel1lllH,ftbe B;,met dcpu:lit This will include, bul IIDI be limitod to lhc _olion JloI bdng closed bcc:msc SclI<:r is unublolo .:omplele U,.1llU1l11ll;li.n f.r aqua1itlod Buyer, or ba:u1J:lC Il.e properlY dodI D.lnppmisc: for OlIlIIDoUlll.wlicksll10 c\Ilw1e lhc 1.lIcler1n mal..... tbercquircd lolln, or ba:IIll:lc s.:n...elCCll< Dal ta pay far !he "'"'""" lIlI1llUlll in pmnsrllllhs 3 ("'i!h lO!lJlCClID p:pair.l), 8, or la, or bccuusc lhelolling is nolns ""luircd in ~ph IS or bceausc Sell... o:onnoldeU'<:t lDlIW:wblc till.. 5. PrOl'lltioll'" All taxes. rellllllo, """dom;";,,,,, or .....,u,tioll rCC!l, JllCllIlid lw.urd in.o;ur,m<;<t prcmiWll$ (if ....urnod). monthly mcrlglIge j"""",n"" prcmiunt:llllld 00,"""" on IGIWS will be promtod... oflhedote.f ol.sing. 6. TIUe EYiddlcc: Witllill l!l dI1yo [ ] all... m:eeptl!lll:e [J oller dlde Dr ",,1is61.tion or utI condition.;n plIIDllfIlph 18. Seller will ddi.... I. Buy... at da:Uog Dllotl1oy: r 1 Tille i11llUl1U1l:C ..mminDClII for Illl OMlor's poliey in dIe umcnwoflhc p1Ill:!uIscprio.. JI:tty 0llJldl"0 of curing lid. including but n.llimited to IC);IIl fc:cl, ~ of ijClSlU1d tcCDI'dillg f_ wm be poidby Seller. 7, Surv,,>~ Within l!l days r 1 0IIC' "","","Ill"" t land' ~ of ..li::lbeti.o of all conditions aD plIIDgruph 18, Sell.,. "ill dclivcl' 10 Buyer or elc.riJlg an.rney: l ] A new_oil """"'Y dolod wilhin 3 molllful af dosing >howing all impmIIOlDel>l:I now ~ thereon. ond oenmod la Buyer. lQldo:r lIDd tbc !iUe~. r ] A CUP)' of. pn:vi.WI1y mode survey .fd,.l'ropeny sh.wing all impmvemCllIs naw....tins lh~ r ] No survey is n:qllir=!. 8. Woodck:sttoying Orsoni.., Report: .Wood Dc$Irn~;'& ~ttu:tIllll""Y <<rthropodoq,lant HIe whiol\ damagcn a!llrtD:1.un:. Buyer tIllly hove pmpclly iuspcclcd by u Ccr1ificd Pest Conlrvl FilTl1lo rlclem1inc whelbcr Ih.." is DllY visible _dive wood ~ IllIlIlllism infct<1lluon or vi$ible <O<istUq; Slnle11lnll dnltlngc from woocl cIesttcIying orgunismslO the imp",vemenl.,lfB-Y"" is inf.lIIIcd of l:iUlet or boUI of the f""'S.lns. ScI1cr will hove """'n (7) day:; from rceeipl of""'llea noti..Ib....l. will1in which 10 ho.e ull ..01\ wood desrrO}ing .l];;IRillm dnmor;c:l whetber visible or 11.1 inspa:talllnl! cslil1Ullcd I>y a li-.od boiIdi.s or senor.ll conl..II:lOr. SeU... ",ill pny C05ls.f _CDl UlId n:puits elf.n strn",uml dwnngc lIP 10 one pcrc<oll (1%) .fth. pwellllSO pri... lfsuch co5lS..-d Ibe UlOalJOlagn:cd 10 bepoid by Sell... DIId Seller dccIi... 10 treotMd repair. .BUycTwiU bnvc the lIPtiall .f(ll) I"""inuring lllisAgrccm.nt .r. (b) proceeding widlthe """,.,dion, in wbieh =t Sclletwill bcur CDSIs equollO on. pcrc<oll (1%) .fthe pun:bnsc pri... 9, "il1c l!.>umi\llltion ond TIme rot Closing: A. Iftil1e c:vidcnJ:c uud survey, os;pcciJiod /lbove. oh.w Seller i. .CSlCd with n markclllble lide, oubj"""l 10 Uu: U!!Wl! exceptions _lIlincd ill title insu"","" cammillllcnlS (such.. e>:ccpU'" for survey. =t tnxc:'I. zoning .rdillDl1""'" eavctt..ts. l<:IlUieti_1Il1lI ......=1:1 afn:cord). II.. trlIllfIIlCIi.n will be closed and Ibe deed lUIlIalhcr ~osing 1ll~ deIi.ered on Or belim I J _ I J ill dl1}Isollcrthe<lme .fucccp/JuJ<e [] _ c1oY:;/lllerclnteoI'9lIti.llIction .rllll conditi.n.in JlOlDl!mph III unJ.... Cl<lclldod by other COlIditi_ of lbisAlllL-=ent or Ibis ~t i. =",,\1<<1 by Ille Buyer. 13. Iftidceviddlc:corsurvcy rcvcal uu)ldcf..1s wmch=dcrU.ctiIJe Ul1,""rlP:1Dblc.liluycrwiU bnvc7 dl1}Is from rcoc:ipl.fliUe COlIIIllilmcnl UlId.....ey 10 notil'" Seller.1' IIIl<:lI till. del,,"," and Seller ugn:cs 10 ....l'I:llIlaIllIbledilig_e to .ure.ucl1 dcIi:ctsntSCU....."'l'CfUIClllld will haw. 30 dnyslo clu "", in which CVd1llhio _",i.n will be efosed wiUlin 10 day:; after delivery la Buyer.f evidence tlUll such d.fCClS1tu.. been cur<d. Seller 'gICOSI. poy for IlIlll dit!cbutlle tdl due Or delinquent _ liens lllld .U,.,. CDCIlIIlbmnccs, 1lIIlcss a1lu:rwisc alj1i:l:d. lfScUer i.lIllIlht. I. c:onvey 10 Buyer n mllrkdllble1itle. Buyerwill hove tile right lo t=ionlc Illis usn:cmCll1al the """. time rcmmlng 10 Seller oIIliUe cvidet\l:c uod SUI'VC)'I n:cci~cd from SellC', .r Buyer ,Yi1111llve lI1e right to acccpl $Jch tiUe .sSc:llC'IIlllY be: ubk 10 con..,. .",11. cl_lI1il1t1ll11Slletion 1l1"'n the Imno sln1cd b=in, wmeb alec"OIl "ill be cxercillCd within 10 dl1}Is from n.ti"".f Sell.... initiuUy 10 cure. 10,1.... or O....go: lflbe property ill dmoogcd by lire or .111.,. OI"."IlIy]lrior t. .I.<ing. ond<:o<l afrcol<mltion doco nutDl<CCCd 3% .1' the ~ vul...tiall uflbe irnpruvem=", I""'do:d on ll.e.l'roj>:l1.y. CD," .r...."'mtioll AUG-24-200S(WEO) IS: 32 PRUO THOMPSON WOOD REAL ESTATE (FAX)717 761 2563 P 009/013 will be:lInoblilJllliDll oflheSc:1lorllll<1 cl~ "ill ~ p_to lhelcml:lof1hisJlSl=elll ",jlh,,",,\ 1hc=l1' =winJ! nl closing. hi the event COlIt ol'n:stDnlI:ion e:<ceedo 3"A. ol'th. IlOflO!IStd vlllwnion ol'tlIe improvemCllts IlDd Sc:ller declines to repair or n:sl0le. Uu~ I>ill hnV1: the option of either UlIdng the Property 0/I;..1DgeIherwithcitherlhellOid3% ""MY ilUllllllnoepraceedop4Yllble byvirtueol'"""h I_or dllmllgc, or or=celmg tI1isABreemen~ 11. SellerllgTCOSto dclivcr1hel'ropcny.in Illt.1'RES1!NT AS.lS CONDmON """"lllll!l oa..,l'wi"" spccilil:d h=iIl. Sell... claen heroby certifY IIl1d repre<enl. thot Seller hooteSIll outhority Md cnpoeity to convoy ~'e propcrt)' willi Il!I iull'l"""""CIlt:l. ScIlCl' further certifies muI fop=o:nts ~\llI Sell... kno.... or no llllOnl dofOClO to \h; ptvpcrty and knows or"" fudsmnlcrinUy ofl'CI:ling the wlue of the Pl'opc:rty ca:cpl the foUowing' Description orJlNbl= . Buyer l>llo in:lpl:daIlhe propctty nnd HAS NOT RELlIID UPON ANY R1:i'RESENTA110NS MAnfi BY IIN'f RIW. ESTATE AGfiNT in dClClibins Ihe JlI'DllCrly, ..,d Buyer ncccpts the pltIpctty, umllluycr u=pts !be pIUpCl'ty in its PRESENT AS .IS CONDmON. cxcqJt WI oih='wis: specified hctc:in. 12. Occupancy: [Xj .Seller I"Cl='CIIts thlll tbcre III'C JlO plII'liaI in OCQlpllllcy olb"" flu.. Sellor. B\Jy1:r will be given DCCUpnncy al closing unl... ot/1erwi:le specilied herein 8UY'ER Wl1.L l'Alm OCCUPIIN'f UPON SIClNlNO OF 111lS AGREEMENT r ] Buyer und"""unds Ilwl JlI'DllCrly is .\'nilnb]e fill' n:ul Ill' rented IIl1d the =1 lI1I1Y cootinue in JlOlllIl:9Sion following closing unJ= othcrwi"" ognood in "Tiling. l)opooillt will he mmsrem:d to .Buyer nt c1csing. l3. Pct:lolllll Ptopctty: Included in the pUlCluIsc price nrc 1Il1 fixed. equipment including celfjng r..... drupcry. hnN...n:. nt1lIc1,cd lighting fuctu= lIlIIiIbox. fell.1:, pJmu;, nnd sbtUbbc!y "" nOW in$Inllc<l ou the prnperty, nnd t1,...,odditionnl ilemtl: APPLIANCES INCLUDEJ), lUlFIUGERATOR, FREl!ZER. STOVE. 14. DcI.i1uU And Niamey's F= IrSu,... dlllimlts on.lhi~ .8=..... I~I olepotrilS will be: rcIUincU by lbe Seller lUl full ..u]=torUtly cluim. wl1c:mlpOIlBuycrnnd ScIlcr",iU be:re1iCV<<l of au obJig.tiolltlw,dorlhi.< ogr<elll"'~ lfSeller cIelAulrs ""dor lit.. ~ Ute Buyer mny lI<:cI<:lpccific p:rfotmnllC<: Dr elect to n:cc:i.vclhc n:lWll ortbo Buy..-'. d.eposi1(s) witbont 1heI>eby wniving lIny lIct;on tOr dnmI,S" "'"'Ilin8 J'roIn SeDcr'.bn:uc11. III CQWjcdion witl1 noy litiflllUOlI orioing out orthis Agn:oemenl. !be l'<'<"tlninS plll'\)' wi1l be ,,"ti~cd to """,vcr Il!I COSIS including a n::JSllnnbJo nttowoy's r... IS. I] ZoningnndRcllricti""", Unl...tbePnlpaty i$zoned _ nodelln helegollyu0e4 rol' _ _.1lI' if ~1d'C" notice ol'Jll'llllD"Cd:t.llning c:hnrs.... d-t or other ....,.;eti""" ~Ull ""uld preVl:1It IlUI:II use III time of clcsing. Buyer will Io"e ilie rightlo Ic'minnlc thin Agr=rncnt. Buyer wiIllulve 10 days liom uC<:cpllt11C<: to vcri1'y thc existins zonins nnd CUll'etlt propooed 01ll1l18.....d delivor wmll:! ""Ii.. of objcctio"" 10 SeDer 01' be: dccmcd.1a 11n\'Cw.U~ objections under ~,is pontll"'pb. 16. '1.. olTer orSUYER .bulllcrminnlc ifSEI..L.ElthnsllDt indlcnted l,i. na:cpUUlce orlhi. Agl>:emCllt by signing nnd deliverins some or Iclq;tllJll1iJ1g uC<:cplUt1cc Dr Lo BUYER or submittins oil"llt betitn: :01 [JAM. [] P.M.-Oote 17. Addilionul T....... Condilions or Addcods (lott<red (A.B.C.P. 0lI0.): ".ns AClR1'Y.MRN1' WlLL BECOMJ;. NULL AND VQlP IF THF. BUYF.R.Y ACAWS I'ROI'HR1'Y Rf(I'ORR ct.oSlNC:; FOR ANY E,EI\..'lON, Ill. Ti,ning: The: timing ofJlOI'lgropbs 7.8,9, nnd to(A) ",ill becomo opet;lblollller ""tisfllClion or pIIlIIgruph 2, opplicnhle. .nd lh_ .iddilionnl_ditiolUl Icltclnd in I'lIl'lIgtDPh 17. 19. There ore no otl1crlJlll'CdllcllJS. pmlJliacslll' undcrolnndi:ngnbclwoon 1h"'l'lIrties exceplnsspeciJicolly llC:t forth horeil~ 111i.lcgu1ll1lll blrldinsugnx:mcnl "ill be CC1l1.'<tntcd under Low. wl1l nDt be =nled IllId ifnot ""dersload, parties ~hoohl S<:cI: compel,",t Icgll! ndvi"", Scll... nndf.iiiY; give n:n1 _Ie nsCllt .ua\cti:nllian \0 lid""", !lW'lllunding ncighbo", who will he tl,e owner oflhi. property. TIME IS OF THE ESSENCE IN TIlLS ACl . . . 20. 'J~_ I.: horein SlDIcd ~~ . "'- --e V"" Elall: 0~1anco: IR - -------- () c_ ~:~ c::l c'".J'\ C 1"1 \ (-) !", W ~ --' -1::'..,.\ rl1 F;::; I-n ---,4 C.::J , \. --0 ~ j ) - i ,-I :ik '0: "1 1""-> -.~., "> :< - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA COY KLINGER ERIC BARNER, Plaintiffs No. 2005-6284 vs. WENDY LORENZ DAVID WITTLE, Defendants CIVIL ACTION - LAW PLAINTIFFS' REPLY TO NEW MATTER AND COUNTERCLAIM AND NOW, come the Plaintiffs, Coy Klinger and Eric Barner, by and through their attorney, Steven M. Carr, Esq., of the law firm ofKain, Brown & Roberts LLP, and file this Reply to Defendants' New Matter and Counterclaim. NEW MATTER 12. Denied as a conclusion of law. 13. Denied. To the contrary, the premises were indeed habitable. 14. Denied. It is denied that the Plaintiffs failed to provide the items listed in paragraph 14. To the contrary, all of the items were provided and were provided in good and working order. The only exception was that there was no bar stool, nor was a bar stool required to be provided under the lease. 15. Denied as a conclusion oflaw. 16. Denied. 17. Admitted in part; denied in part. It is admitted that the Plaintiffs failed to provide a full tank of propane. It is denied that a full tank of propane was required to be provided. 18. Admitted in part; denied in part. It is admitted that Defendants paid $400 for propane fueL It is denied that they are entitled to any credit as all of the propane was used or lost as a result of Defendants' activities. 19. Denied. It is denied that there was any prevention ever from being able to purchase propane for heating. 20. Denied. Defendants were never able or willing to close on the property at any time prior to October 31, 2005. 21. Admitted in part; denied in part. It is admitted that a fire occurred on October 29, 2005. It is denied that the fire rendered the house uninhabitable. It is further denied that the fire forced Defendants to leave the premises. To the contrary, Defendants remained in the premises until they were evicted pursuant to a judgment in the instant action. WHEREFORE, Defendants' New Matter should be dismissed. COUNTERCLAIM I - BREACH OF THE LEASE 22. Denied. It is denied that the Defendants were ever without heat. If so, Defendants were without heat as a result of their sole conduct. 23. Denied. It is denied that the property was ever uninhabitable. It is denied that Defendants were forced to move to a hotel during the term of the lease. Defendants were evicted for their breach of the lease. WHEREFORE, Defendants' Counterclaim I should be dismissed. COUNTERCLAIM II - BREACH OF THE STANDARD PURCHASE AND SALES AGREEMENT 24. Denied as a conclusion oflaw. 25. Denied. At no time were Defendants ever willing and able to close on the property. 26. Denied. The sales agreement was terminated as a result of the Defendants' breach of that agreement and by the passage of time. 27. Denied. It is denied that there was ever a breach of the agreement by the Plaintiffs. It is further denied that Defendants were forced to move into a hotel for any reason other than the fact that they were evicted from the premises because they failed to settle on the property and because they failed to abide by the terms of the lease while they were in possession of the property. 28. Denied. WHEREFORE, Defendants' Counterclaim II should be dismissed. Respectfully submitted, S ve . Carr, Esq. ai ,Brown & Roberts LLP E. Market Street York, PA 17401 717-843-8968 Sup. Ct. 34336 ~2Feb. 9. 2006:1 1: 50P~78464999 KArN BROWN ROBERTS No.2805 pP._5 ~5/~5 VERIFICATION I verifY that the statements made in. the foregoing document are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW COY KLINGER ERIC BARNER, Plaintiffs No. 2005-6284 vs. WENDY LORENZ DAVID WITTLE Defendants CIVIL ACTION - Law CERTIFICATE OF SERVICE I, Steven M. Carr, Esquire, attorney for Defendants, hereby certify that on this day I served a true and correct copy of the attached document upon the following person by depositing same in the U.S. Mail, first class postage prepaid, addressed as follows: Leslie D. Jacobson, Esq. 8150 Derry Street Harrisburg, P A 17111 Date: '0/' h l I . By: ROBERTS LLP C> ,on <.''---' -q r;:~ ~~~'''' o --<:) (-:': 1'":::1 W ~i! .- ~ . ,- , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA COY KLINGER ERIC BARNER, Plaintiffs No. 2005-6284 vs. WENDY LORENZ DAVID WITTLE, Defendants Civil Action - Law PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Steven M. Carr, Esq., counsel for the Plaintiffs in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of Plaintiffs in the action is $10,702.50. 3. The counterclaim ofthe Defendants in the action is $10,000.00. The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: Steven M. Carr, Esq. Kain, Brown & Roberts LLP 119 E. Market Street York,PA 17401 Counsel for Plaintiffs Leslie D. Jacobson, Esq. 8150 Derry Street Harrisburg, P A 17111 Counsel for Defendants -p t - --:t M VI I:) C> \-) ^ ~ - ~ w ...I:: W 4 ---- vt Q V -J ?- e ~ o ~ v.ft, Olr-, 7' Z! (7,) --" ~i, :;-.... S;; r.:'" ::~ <---> = c,;.) en ::I: ~ ;;;0 tJ1 -.:> ::J: Y? N " t~. -n '--! :L-n me.:- -nil) :~_t~9 ::'~i S;.l &~~;:i ~. <'-:-.0 '< -- ., .. --... -' WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ~~/ Ste n .. Carr, . Kain, rown & Roberts LLP 119 E. Market Street York,PA 17401 (717) 854-8968 Sup. Ct. No. 34336 ORDER OF COURT AND NOW, 'I-?/ a~ / 1 ,2006, in consideration ofthe foregoing pet~tion, ~..w j). ~ ' and 7Y~j! 'th7 ' and /7hfl,L/}L r/. ~~, are appointed arbitrators in the above-captioned action as prayed for. Byth~~ ~v~~1~ \ J. ~ k\'r ~ BMe. ~a~ Plaintiff In The Court of Common Pleas of Cumberland vJ~ kc...~ ~ OcwI-awatHo(.. Defendant County, Pelll1sylvania No. JooS- Co J 9'-1 Civil Action - Law. S~-E'-p ~ '" L, b(-lv'\ k: D " .\ / Name '-I J q S' I G ~ A, ~tf1V--I Address fl'tvi:,I",J FJR/J-kl~ Law rrm 3S/0 Tr Iv/C I2caJ Address ~w~Qa. {lflY'-l'o Ill/"c,A /7011 ~rnolJti/ III nOI( City, {b J Ii Zip ~IO\( City,l ~J!~ Zip City/~ $;;' Zip We, the undersigned arbitrators, having been duly appointed and sworn (or affinned), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) :..~~~~1t~~~~~o . Arbitrator, dissents. (Insert name if applicable.) Date of Award: eLz. > L tJb (Chainnan) Date of Hearing: ~,J.:llE7b Notice of Entry of Award Now, the ~ ad day of ~;lnher ,20 DirJ , at 3:30 , L.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $~D. DD By: Deputy /_. ~ .j.v : t,;,'\,.- ~~ '\,- ~ "c"s<' ,CO'~ CPf<\e~ . if' t" < y.' c'o ' s~..,j \> . ~\\e- .l; \..e },O \0' ~il? ~~ ,....;) c:;;; c-g. q '<.. .' \ ~ i~ .-\ :r; -.., ;;~ti:\ (:?\Q : ': -:\-, ~~~,.\ .,--;/' :a. (ji-'":',' u) {.::;..J IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DAVID ALLEN WITTLE dba Wittle's Plumbing Debtor DAVID ALLEN WITTLE dba Wittle's Plumbing Movant CHAPTER 7 CASE NO. 1:10-bk-09341 Cumberland County Docket No. 2005-6284 V. COY KLINGER and ERIC BARNER, Respondent x? r, :a .-..E C- r N CM ?r 4. rat C 1411,77A THE fir-cum ?;*-077k db? d ?f UNe 20 CID% U.S. BanlaupicY -- ORDER UPON consideration of the foregoing Motion to Avoid Judgment of Respondent under Section 522(f) of the Bankruptcy Code , it is hereby ORDERED AND DECREED that the relief prayed for in the Motion be, and hereby is granted, to wit, the judgment of COY KLINGER and ERIC BARNER in the approximate amount of $5,452.50 entered in Cumberland County at docket number # 2005-6284 be and hereby is avoided; it is further ORDERED AND DECREED that a certified copy of this Order may be filed with the Prothonotary of Cumberland County and the Prothonotary is directed to terminate the judgment in the judgment indices. By the Court, -0.4ull 11 1---1.----------- Dated: March 17, 2011 Chief BAMtcy Judp (j ? (SC) Case 1:1 0-bk-09341 -MDF Doc 19 Filed 03/17/11 Entered 03/17/11 08:19:51 Desc Main Document Page 1 of 1