HomeMy WebLinkAbout06-1189
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. O{., . I/fr'l t.'u;.1
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
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This block will be signed ONLY when this notation is required under Pa.
RC.P.D.J. No. 100BB.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL
Sigr7ature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see PaRCP.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon .1;' It./f 1 ? L. r(/!/AJ? H.f:-~~_____ appellee(s), to file a complaint in this appeal
Name of appel/ee(s)
(Common Pleas No. [(p - IIP7 ______~ ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
~.
RULE: TO_"I_t~/iAJ3j__J.#/{/C /l1K.r< appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date:
!11aul ~ ,2004..
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j7 SignatureofP~~orDaputY
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL
AOPC 312-02
COURl FILE TO BE FILED WITH PROTHONOTARY
~._~-~._~._..~_._-----~._---------~------~---'-~.._-~-,--
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE
(fhis service MUST BE FILED WfTHfN TEi\i (to! DA YS
COMMONWEALTH
COUNTY OF
PENNSYF V "NIA
ss
AFFIDAVIT,
I hereby (swear) (affirm) that] served
G copy of the Notice of Appeal, Common Pleas No
(date of
sender's receipt attached hereto, and upon the
sCinder's receipi attached heroto
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20
My commission expIres on
20
AOPC ~~12A - 02
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09-)-01
NOTICE OF JUDGMENTrrRANSCRIPT
RESIDENTIAL LEASE
PLAINTIfF: NAM~ .r,ii AVlJHIi;J0
fiBIlIIBIlART, MICHAEL
PO BOI: 33
9BIPPBH9BURG, fA 17257
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v\)IVIMUNWEALTH OF PENNSYLVANIA
j;OUNTY OF: CUMBSll.1.AJlD
MUll Din No
MUJN;""'l" H""
Allaree.a.
BAllOLD B. BEIIlDU
35 W ORAJlGE 9T
9BIPPEBSBuaa, PA
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T~",O<', (117) 532-7676
17257-0361
DE~ENOANT; NAMt: :)fl(J AOUIol~S~
'TIEDT, PIlED, liT AL.
403 ..EARL 8'1' APT/9TE 1
SHIPPBB9BURG, PA 17257
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JLUOLD :t. BDDBll
35 W OP.AJlGB ST
SBIPPER8BURG, PA 17257-0361
Docket No: LT-0000017 -06
Date Filed: 1/18/06
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THIS IS TO NOTIFY YOU THAT:
Judgment: paa P~lIITIPF
[!] Judgment wa~ cntered for: (Name) RBIJlBIlAJl.T. XXCHAEL
o Judgment was entered against TIBD'l', liBSLIB in a
iAJ LandlordlTenant action in the amount of $ 4.334.14 on 2/02/06 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 700.00.
The total amount of the Security Deposit is $ 700.00
Total Amount Established bv MDJ Less. Security Deposit Applied _ Adjudicated Amollnl
Rent In Arrears $ 4,186.19 -$ .00 = $ 4,186.19
PhYSical Damages Leasehold Property $ .00 $ .00 .. $ .00
Oamagea/Unjust Detention $ .00 $ . .0.0_" $ ..0.0
less Amt Dve Defendant from Cross Complaint - $ .00
Interest (if provided oy lease) $ 00
LIT Judgmenl Amount $ 4.,.18.6...1Jl.
Judgment Costs $ 147.95
Attorney Fees $ all
Total Judgment $ 4,334.14
Post JUdgment Credits $
Post Judgment COSIS $
CertifIed Judgment Total $
o Possession granted it money judgment is nUl "IlISIIeU vy lime Ot eViCtion.
o Possession not granted. 0 Defendants are jointly and severally liable.
o AlIachment Prohibitedl
42 PaC.S. 3 8127
o This C;Jse dismissed without prejudice.
[!J Possession granted.
IN "N ACTION INVOLVING" FlESIDENnAL LEASE. ANY P"RTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT fOR POSSESSION WITHIN
TEN CAYS AFTER THe DATE OF ENTRV OF JUDGMeNT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDOMENT.IF ANY. IN
OROER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARVICLEAK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLV IN ARREARS ON THE OATE THE APPEAL IS FILEO.
IF" PARTY WISHES TO APPEAL ONLY THE MONEV POATION OF A JUDGMENT INVOLVING A RESIDENnAL LEASE. THE PARTV HAS
30 DAYS AFTEA THt; DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CL~At< OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COpy OF THIS NonCE OF JUOGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT "S OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGeS, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS. ALL FUR,HER PROCESS MUST COME FROM THE COUAT
OF COMMON PLEAS AND NO FURTHER PROCESS MA Y DE ISSUED BY THE MAGI8TERIAI. DISTRICT JUDGE.
UNLESS THE JUDGMENT IS t;NTEREO IN THE COURT OF COMMON PLt;"S. ANYONE INTEIIESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE M"GI5TEFlIAL DISTRICT JUDGE IF THE JUDGMENT OE8TOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDOMENT.
Date
IS IS a true an
Date
(t. ~ (,if t.. c::Je~
, Magisterial District Judge
I e procee Ings containing t e jU gment.
, Magisterial District Judge
Mv commission expires firsl Monday of January, 3012.
A(JPC31M01
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SEAL
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MICHAEL RHINEHART,
Plaintiff
v.
FRED TIEDT, ET AL.
Defendant
: IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: CIVIL - LANDLORD/TENANT
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PRAECIPE TO PROCEED IN FORMA PAUPERIS
PURSUANT TO PARC.P..N0.240(d)(1)
To The Prothonotary:
Kindly allow Fred Tiedt, Defendant in the above, to proceed in forma pauperis.
I, Geoffrey M. Biringer, attomey for the party proceeding in forma pauperis,
certify that I believe the party is unable to pay the costs and that I am providing free legal
services to the party.
By:
MIDPENN LEGAL SERVICES
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Geoffrey . BM'lnger
8 Irvine Row
Carlisle, P A 17013
(717)243-9400
ID#18040
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(TIJ!s proal of service MUSf BE FILED WITHIN fEN (10) OA YS AF)ER filing 01 11m nolice of appoaf Check applicable boxes)
COMMONWEAL 1H OF PENNSYLVAN
COUNTY OF C~iu,t;.
AFFIDAVIT:
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I hereby (swear) (affirm) that I served
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a copy of the Notice of heal, Common Pleas No. . upon the District .Ju.stice designated therein on
(dale of service) :PI L . 20 (')0. D by personal servicB B-by (certlllod) (r~ mall.
sender's receipt attached hereto, and upon the appellee, (name) ~~- , on
J A- . 20 ~ D by personal service (\f'by (certified) (r~red) mall,
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sonder's receipt attached hereto
(SWOBl>1WY'FIRMED) AND SUBSCRH}ED BEFORE ME
THIS C{, # !D~ Y OF'Z?~ti4. c.ti .20 L)?;'
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NOTAAIALSE.6J.
Joe (S. SMITH. t<<lTARY I"JBUC
CaIli&If 1oro, CumbedI!A:' ':<AI1Iy
Mv Commissior ':x<,liIes April 4, 2llO9
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AOPC 312A - 02
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMF
COMMON PLEAS No.
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 t~
the date and in the case referenced below,
NAME O~PJ:>~:i~1
!J..~H.,~ /C~JE ))FlPlai.nliff)
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CITY
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This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant {see Pa, f
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE h
SUPERSEDEAS to the judgment for possession in this case.
Jction
twenty
(20) days after filing the NOTICE of APPEAL
Signalura of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see PaR.CPD.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be seNed upon appellee.
PRAECIPE: To Prothonotary
I
Enter rule upon
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appel/ee(s), to file a complaint in this appeal
Name of appel/ea(s)
(Common Pleas No.
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
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RULE: To/l '.,<[. j~: L .-:.1 r ",' r. , appellee(s)
------n-"Name'af8pPellee(s) ------
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date:
,20
Signature of F=irothonotary or Daputy
YOU MUST INCLUDE A COpy OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE
'il
MICHAEL R RHINEHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-1189 CIVIL TERM
FRED TIEDT and LESLIE TIEDT,
Defendants
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 of 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, PA 17013
(717) 249-3166
.,
/.
MICHAEL R RHINEHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-1189 CIVIL TERM
FRED TIEDT and LESLIE TIEDT,
Defendants
COMPLAINT
1. Plaintiff, Michael R Rhinehart, whose mailing address is P.O. Box 33,
Shippensburg, PA 17257, hereinafter also referred to as "Landlord", is the owner of
property located at 402 North Earl Street, Shippensburg, Cumberland County,
Pennsylvania 17257, (the "Property").
2. Defendants, Fred Tiedt and Leslie Tiedt, hereinafter also referred to as
"Tenants," are husband and wife whose last known address is 1922 Sterretts Gap
Avenue, Carlisle, Cumberland County, Pennsylvania 17013.
3. On or about April 29, 2005, Plaintiff and Defendants entered into a Lease
for the use and enjoyment of the Property to begin on June 1, 2005 and to end with 60
days advance notice, (the "Lease"). See Exhibit "A" attached hereto.
4. Paragraph 4 of the Lease calls for monthly rental payments in the amount
of $700.00 to be paid to Landlord by the first day of each month and further states that
Tenant agrees to pay $3.00 per day if rent is not paid on time. See Exhibit "A", page 1.
5. Paragraph 5 of the Lease requires a security deposit of $700.00 to be paid
before the start date of the Lease, which deposit could be used by Landlord to pay for
damages to the Property or for unpaid rent. See Exhibit "A". page 1.
6. Paragraph 14 of the Lease states that the Tenants are responsible for the
care of the Property during the term of the lease and further states that the Tenants
agree to pay for any damage caused by themselves, their family and guests. See
Exhibit "A", page 4.
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7. Pursuant to Paragraph 16 of the Lease, Tenants are responsible for
payment for television cable, electric service, water service, refuse collection, lawn
maintenance, snow and leaf removal, and sewer charges. See Exhibit "A", page 4.
8. The Lease states that Tenants violate the Lease if they fail to pay rent or
other charges on time of if they do not do all the things they agreed to do in the Lease.
It further states that if Tenants violate the Lease, they agree to waive Notice to Quit and
permit Landlord to sue them jointly or severally for collection of "overdue rent, late
charges and money damages caused by Tenant's violation." See Exhibit "A", page 5.
9. Paragraph 18 of the Lease states that "landlord may receive reasonable
attorneys fees as part of a court judgment in a lawsuit against tenant for violation of the
agreements of this Lease." See Exhibit "A", page 6.
1 O. On or about April 29, 2005, at the signing of the Lease, Defendants paid to
Plaintiff $1 ,400.00, which represented $700.00 security deposit and $700.00 for the first
month's rent.
11. Rent for the month of June 2005 was reduced to $300.00 to give
Defendants credit for assistance in cleaning up from the prior tenant.
12. Plaintiff kept detailed records by hand in the normal course of this rental
business with all entries made upon receipt of rental payment. See Exhibit "B" attached
hereto.
13. On January 4, 2006, Plaintiff provided Notice to Quit to Defendants, as
required by 68 P.S. ~ 250.501, by posting it on the property because neither Defendant
was available for personal service. See Exhibit "C" attached hereto.
14. Defendants did not actually vacate the premises until February 27,2006,
when visited by a Constable enforcing an order issued by the Honorable Harold E
Bender granting possession to the Plaintiff.
COUNT NO.1 - RECOVERY OF RENT AND LATE CHARGES
15. The averments made in Paragraphs 1 through 14 are incorporated herein
as though fully set forth.
16. As of January 4,2006, when Plaintiff posted the Notice to Quit,
Defendants had paid rent totaling $1,440.00, which pays rent only midway through
August 2005.
II
II
17. Only the prepaid rent for June was received on time, as required by the
Lease.
18. Prior to posting the Notice to Quit, Defendants had complained only of a
small water leak, which leak was promptly repaired. This leak left a small spot of mold
on the hallway and bedroom room ceilings, which spots were permanently removed
when being wiped off with a bleach-soaked cloth.
19. Defendants were in violation of the Lease by reason of non-payment of
rent when due and remain indebted to Plaintiff for rent for the period August 2005
through February 27,2006 at $700.00 per month, for total rent of $4,460.00 plus late
charges of $576.00.
WHEREFORE, for all the reasons stated above, the Plaintiff, Michael R
Rhinehart, respectfully requests judgment in his favor and against Defendants in the
amount of $5,036.00 plus interest through the date of trial, attorney's fees as permitted
by the Lease, and costs of suit
COUNT NO.2 - RECOVERY OF UTILITY PAYMENTS
20. The averments made in Paragraphs 1 through 19 are incorporated herein
as though fully set forth.
21. Invoices for sewer and water service were mailed directly from the utility
provider to the Plaintiff, who forwarded all invoices to the Defendants for payment, as
required by the terms of the Lease. See Exhibit "D" and Exhibit "E" attached hereto.
22. Because Defendants failed to pay these invoices from Cumberland
Franklin Joint Municipal Authority for sewer service and the Borough of Shippensburg
for water service, Plaintiff paid a total of $327.49 for these utilities.
23. Defendants violated the terms of the Lease by not paying these utility
invoices as they came due.
WHEREFORE, for all the above reasons, the Plaintiff, Michael R Rhinehart,
respectfully requests judgment in his favor in the amount of $327.49 plus interest
through the date of trial and cost of suit
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LEASE
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THIS IS A RESIDENTIAL .LEASE. IT IS A LEGALL'l BINDING'
CONTRACT BETWEEN THE LANDLORO AND EACH TENANT. EAC~.~aNANTSHOULD
READ THIS LEASE CAREFULLY.
THIS RESIDENTIAL LEASE CONTAINS WAIVERS OF YOUR RIGHTS AS A
TENANT. .EACH TENANT SHOULO NOT SIGN THIS LEASE UNTIL EACH TENANT
UNDERSTANDS ALL OF THE AGREEMENTS IN THIS LEASE.
1. NAMES OF LANDLORD AND TENANT
Name of the landlord: M I e-If/)6l- F:ltI/l.l&I'tf,'2 r
Name(s) of the ten~t(s): J ___
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2. LEASED PREMISES
The leased premises is the place that landlord agrees to lease
to tenant. The leased premises is: .
1joz.. ,.." ~& <;"7: S(fd6 7>JJ -
3. STARTING AND ENDING DATES OF LEASE AGREEMENT
This lease starts on .,6- (- 0_<-
This lease ends __ ~/ ,0/, T>Jj NO flee
. . RENT
()"""'CJ
The amount of rent is: $ 7n. each month.
Ten~t agrees to pay the monthly rent in advance on or before
the 1~1' day of each month. Landlord does not have to ask (MAKE
DEMAN~N) tenant to pay the rent. Tenant agrees to pay rent by
first class mail postage prepaid or in person to landlord at the
place specified by landlord. TV
Tenant agrees to pay a LATE C~~E of $ -~. per day if
tenant does not pay the rent on time. If tenant mails the rent to
landlord, the date of payment will b(. the date the letter is
postmarked. \ ,
S. SECURITY DEPOSIT
Tenant agrees to pay a security de~osit of $ 7cv. c~
Tenant agrees to pay the ~ecurity deposit to i~Dd:c~d before
the lease starts and before. landlord gives possession of the leased
premises to tenant.
Landlord can take money from the s.~curity dep('.u.i.~ to pay for
any damages caused by tenant, tenant's family and tenant's guests.
Landlord may take the security deposit to pay for any \mpaid rent.
After taking out for damages and unpaid rent, landlor~ agrees
to send to tenant any security deposit money left over. Lan~lord
will send the remaining security depcsit money to tenant no later
EXHIBIT
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Landor; .,., .,' e~s~d
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even if. landlord . cannot.,;ic;iy.~~tenant;.:.posl'le..ion ot . the haaed.
premises because, the' prior,:.tenao' ls",st j,ll.. in' the leased premises
or the leased,premises;;~i),~~ma' l:',;;J..~DLORD,.CANNOT GIVB TBNANT
POSSESSION;;. TZNANT .DOZ9.\'N6'J.t,iH AY!:'.RZNT UNTIL THE .DAY LANDLORD
GIVES POSSESstONOF fEZ"" sHtR'ioTENANT..'. '"
-;, '":j~">;" ,."' '- "'.>~ ,-.: ::i~{i';~J~:~:',:?:;;~\~t~~'i';:
7.
, .,2L :end the .1e
,- -, ;;":':';"_'~>:;'?'::,:,;':~i)_:< y;\:_~_:~)
. 'l'enant a(,iii1es ,tha'
destroyed and tenant.8
responsibility ~o tena~t
8. INSURANCE
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and
.:,' -,' ::: - ",- ',-:~;~ ':fj,:::,~~::;-,~:;',;-'::,}~'i;;; '~:':-'_-~ _:: ; ':': ,,-,'
'l'enant~;agrees .' t .,.
premi sesis:;:,'sramaqed,JWt
notify landlord' if.ther d;
that .could :danillgethe'leai'
tenantoannot'. li veirf~t .
damag'ed ox::'.destro:led,"tJri
..:;,:,,;~Jfi~,',>t~i~~"ln ,
pay less rent until the
-.
- :"'-"'i' ',',:,,-,' ."'-:"_':-\_'"'-:'<" '- .
Landlord agrees tohave\lnsurance:.lhthe building where the
1 eased premises. is located :~::~\ij;lcltlantt s Clwnproperty is not i(lsured
by landlord.' S.. insul;'ande:\:"'renant<is./resr,,cinsible tor tenant' 8' own
property that. is located ift the leasecl, .premises.
, _', "_,_, -, _ . _: :>'_~;"',.'::"o':><_>":_,.:,;->,~,,_~,,,';"'~<_' . "-''/;. ,~
g. J\SSIGNMEN'l'S..ORSUBLEJ\SESB~'l'ENAN'l' .
".;. ::'\~;~J:6;~rlf#t~\;i~,~~~;~~itf~i;:;"i;' '-. ' - , .T" :;t', -;:,;:,:;:;,'~;~f:;,~':}%,.;::::~,;,:-;,::;'-:'.::'
ASSIGNMENT (OR" ., erni for a.tt'ans.f6r of the
lease from. the tenantto'.i\:i\ot'l'Ier'persori; .. This other person then
becomes the landlord's new tenant ano.takes over th~ lellse.
'l'enant agrees not .to transfer (assign) this lease to anyone
else without the written permission of landlord. .
A sublease is a separate :.lease between the tenant and another
person who leases all or a part of the leased premises from the
tenant. . - .:...:',-"::,::_"><.-,- ,',-:""
Tenant agrees not to leas.s (suble&se) all or any part of the
/-
:/ ..
-
lease premises to anyone else without the written consent of
landlord. Tenant agrees that if tenant transfers this lease
(assigns) or leases all or a part of the 'leased premises to another
(sublease), tenant has violated this laase.
10. RESPONSIBILITY FOR DAMAGE '1'0 PRO~llR'1'Y O~ INJURY '1'0 PEOPLB
Land~ord is responsible for all damage to property or injury
to people caused by landlord (or landlord's representatives)
intentional or negligent acts at the le.ased premises. Tenant is
responsible for all damage to the ~east:d premises and injury to
people caused by tenant, tenant's family or guests.
Tenant agrees that landlord is not responsible to tenant,
tenant's family or guests for damage o~ injury oaused by water,
snow or ice that comes on the leased premises unless landlord was
negligent. '
..
".-:
11. USE OF LEASED PREMISES
Tenant agrees to use the leased premises only as a residence.
Tenant agrees to obey all federal, .e;tate> and l.:>cal laws and
regulations when using the leased premises. Tenant agrees not to
store any flammable, hazardous, or toxic che~icals Or substances in
or around the leased premise!!. ' ' .
Tenant agrees not to do any activi\:ies in or around the leased
premises which could harm an,yone or damage any property. J'
Tenant agrees that tenant will n6t allow more than ~
people to occupy the leased premises ~:it.hout the written permission
of landlord. ., .. .
12. RULES AND REGULATIONS
Tenant agrees to obey all rules and regulations for the leased
premises. If tenant violates any ruIns or regulations for the
leased premises, tenant violates this lease.
13. LANDLORD'S RIGHT TO MORTG~GE THE LEASED PREMISES
(SUBORDINATION)
Subordinate and subordination are legal terms that mean that
this lease does not have any eft:'ect upon the rights of the
landlord's mortgage company. In other words, tenant's rights u~der
this lease are subordinate to landlord's mortgage.colllpany. If
landlord does not make the mortgage payments, the mortgage company
may have the right to end the landlord's ownership vI the leased
premises. If the mortgage company sells the leased premises at a
mortgage foreclosure sale, the lease m~y end.
Tenant agrees that landlord has .the right to mortgage the
leased premises. If landlord has a mortgage on the leased premises
now, or if landlord gets a mortgage in the future, tenant agrees
that this lease is subordinate to tJ1H J.an~lord' s mortgage.
14. CARE OF LEASED PREMISES
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Tenant is responsible for, and will take good care of, the
leased premises and all ot the property in and aro~lc:l:'\the leased
premises. Tenant agrees to pay tor. any damage caused by tenant,
tenant's family and tenant'S guests.: Tenant agrees to turn over
possession of the leased premises to landlord when the lease ends.
. .
15. LANDLORD'S RIGHT TO ENTER LEASEDPREKISES
Tenant agrees that landlord and landlord's representatives
have the right to enter the leased premises at reasonable times.
Landlord and landlord'S representatives have the right to inspect,
to make repairs, to do maintenance, ar:d to show the leased premises
to others.
16.
UTILITY SERVICES
Landlord and tenant agree to pay ~or the charges for utilities
services supplied to the leased pr~~ises as folloWS:
!
and
Charae or Servioe:
Television Cable
Electric to Premises
Water Service
Natural Gas .
Refuse Collection
Lawn Maintenance
Snow and Leaf Removal
Water Softener Charges
Sewer Charges
condominium Fee
Homeowner's Association Fee
Parking Fee
Pest Control Charges
other:
Other:
Landlord has the right to turn off temporarily any utility or
other service to the leased premises in order to make repairs or do
maintenance.
pa~ BX..'.,.....
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17. GOVERNMENTAL POWER OF EMINENT DoutLN.
Eminent domain is the legal name f~r the right of a government
such as the state or county or city t~ take private property for
public use. The government must. pay. f).ir compensation to anyone
who has any right 1n the property that ts taken by th'.! g:overnment.
If all or any part of the leased premises (or. .the building
within which the leased premises is located) is taken by eminent
domain, this lease will end automatic~.lly. Landlord and tenant
agree to release each other from any ~esponsibility ~ecause leased
premises is taken by eminent domain and the lease has ended.
lB. VIOLATIONS OF THIS LEASE
<;
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WHEN EITHER LANDLORD OR TENANT DOES NOT DO SOMETHING THAT THEY
HAVE AGREED TO DO, IT IS A VIOLATIO!1 'OF THIS LEASE. IF 'rENANT
VIOLATES THIS LEASE, TENANT MAY LOSE TtNANT'S SECURl~Y ~EPOSIT. IF
TENANT VIOLATES THIS LEASE, LANDLORD JI.LSO CAN SUE TENANT FOR OTHER
EXPENSES AND MAY SUE TO EVICT TENANT.. < . .
EACH TENANT SHOULD NOT SIGN THIS LeASE UNLESS EACH TENANT HAS
READ AND CLEARLY UNDERSTANDS THE INFORMATION IN THIS SECTION ABOUT
LEASE VIOLATIONS.
./
THIS IS A JOINT AND SEVERAL LEASE
THIS 18 NOT A JOIN~ AND SEVERAL LEASE
IF THIS IS NOT A JOINT AND SEVERAL LEASE, THEN THE LANDLORD
CAN ONLY SUE ONE TENANT FOR THAT TENANT'S VIOLATION OF THE LEASE.
IF THIS IS A JOINT AND SEVERAL LEASEJ,:T MEANS THAT ALL THE
TENANTS AS A GROUP AND EACH OF THE TEUANTS' AS AN INDIVIDUAL ARE
RESPONSIBLE TO LANDLORD FOR ALL OF TnE AGREEMENTS OVTRIS LEASE.
FOR EXAMPLE, IF THE RENT IS NOT PAID, 'LANDLORD CAN SUE ALL OF THE
TENANTS (JOINTLY) FOR ANY UNPAID RENT. OR, LANDLORD CAN BRING A
SUIT AGAINST ANY ONE TENANT SEPARATEI,Y (SEVERALLY) 4'CR ALL OF THE
UNPAID RENT.
TENANT VIOLKl'ES THIS LEASE IF TI:NANT:
1) FAILS TO PAY RENT OR OTHER C\~GES TO LANDLORD ON TIME
OR,
2) LEAVES (ABANDONS) THE LE~SED PREMISES WITHOUT THE
LANDLORD'S PERMISSION BEFORE THE END PF THE LEASE OR,
3) DOES NOT LEAVE THE LEASED PRI:MYSES AT THE END OF THE LEASE
OR,
4) DOES NOT DO ALL OF THE THING$ ~HAT TENANT AGREED TO DO IN
THIS LEASE.
IF TENANT VIOLATES THE LEASE , EACH TENANT AGREES T~ kAIVE
,
NOTICE TO QUIT. THIS MEANS THAT THE LN.lDLORD MAY FILE A COMPLAINT
IN COURT ASKING FOR AN ORDER EVICTING .EACH TENANT FJ;.OH 'l.tlE LEASED
PREMISES WITHOUT GIVING EACH TENANT NOTICE TO QUIT FIRST. LANDLORD
DOES NOT HAVE THE RIGHT TO THROW TENANT OUT OF THE LEASED PREMISES
(SELF-HELP EVICTION). THE LANDLORD CAN ONLY EVICT TENANT BY COURT
ACTION.
THE LANDLORD DOES NOT HAVE THE RIGHT SUE IN COURT FOR EVICTION
UNLESS A TENANT HAS VIOLATED THE AGR~EMENTS IN THIS LEASE. EVEN
THOUGH EACH TENANT IS WAIVING NOTICE TO QUIT, EACH TENANT WILL HAVE
A CHANCE IN COURT TO CHALLENGE THE LANDLORD'S CLAIM FOR EVICTION.
..
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IF TENANT VIOLATES THE LEASE AGRErnMENT, THE LANDLORD MAY SUE
EACH TENANT IN COURTf \
1) TO COLLECT. OVERDUE RENT, LA~F CHARGES AND MONEY DAMAGES
CAUSED BY TENANT'S VIOLATION OF THZ.AGnEEMENTS IN THE LEASE.
'~f'
1
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1:
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2) 'TO RECOVER POSSESSION, or THE tEASED PREMISES (EVICTION).
3). TO.COLLECT FOR uNPAII>RENTUN'l'IL THE END OF THE LEASE OR
UNTIL ANOTHER. PERSON TAKES POSSESSIO~ OF TEE LEASED PREMISES AS A
NEW TEN).};T. ~ .'
Tenant agrees that landlord may reoeive reasonable attorneys
fees as part of a oourt judgment in ar lawsuit against tenant for
violation of.the agreements o.fthe lease.
I
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l~. O'.l'H.t.i.K AI,:tXtif-ir1:.irn;g D.I:.I.n.l:.l...."" ...~1......"_.._ __._
. Lllndiord and tenant agree that. the
marked with a "yes" are part of this l~ase
;';',"';;
addi tional; agreement,s
agreement,
,
YES-NO a
YES-NO =
YES-NO =
YES-NO a
YES-NO =
YES-NO =
CHECK-IN AND CHECK-OUT PROCEDUREs
RULES AND REGULATIONS
TENANT'S RIGH'r TO CONTINUE l.EASE
NO PET AGREEMENT
SINGLE FAMILY RESIDENCE AGREEMENT
OTHEl'l:
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BY SIGNING THIS LEASE AGREEHEN'lJ, EACH T,~NANT AGREES THA!I'TlIE TENANT
HAS READ AND UNDERSTANDS ALL OF THE N:':F-.:EEHEllTS INTHI$:t.EASE.
.,
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DATE SIGNED BY LANDLORD:
i- z-9-o~
.,....._'_.
LANDLOl!l,):..- d ./7/. /.-..... ". y......._
/tf~~/~~
DATE SIGNED BY TENANT(S): (Jlf- /))-() ).
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To: Fred and Leslie Tiedt
402 N. Earl St.
Shippensburg, PA 17257
From: Michael and Laura Rhinehart
PO Box 33
Shippensburg, PA 17257
January 4, 2006
This notice is to inform Fred and Leslie Tiedt, they have 10 days to vacate
the house located at 402 North Earl Street, Shippensburg, PA, and pay all
back rent and utilities in the amount of $4133.22.
Tenant
Landlord#4./~ ~t~~
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EXHIBIT
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CUMBERLAND FRANKLIN JOINT
MUNICIPAL AUTHORITY
725 MUNICIPAL DRIVE
SHIPPENSBURG, PA. 17257
(717) 532-6949
PRESORTED
FIRST-CLASS MAIL
u.s. POSTAGE PAID
SHIPPENS8URG, PA
PERMIT NO. 5
ACCOUNT NO.
01478
PREV10USBALANCE
,.
ACCOUNT NO
..
10/1512005
AIvlTAFTER DUE DATE
01478
PREVIOUS BAlANCE
10/15/2005
AMT AFTER DUE DATE
27.30
53.30
54.60
27.30
53.30
54.60
SERVICE FROM
TO
TO
0910112005
PREVIOUS READING
0913012005
09130/2005
PRESENT READING
1000 GALLONS USED
402 N. Ea~ Street
Michael Rhinehart
P.O. Box 33
Shippensburg, PA 17257-0033
FOR SERVICE AT:
All bUls are due and payable upon receipt.
A5% penalty will be charged after the 15th.
Make checks payable to C.F.J.M.A.
RETAIN THIS PORTION FOR YOUR RECORD
PLEASE RETURN THIS STUB WITH PAYMENT
CUMBERLAND FRANKLIN JOINT
MUNICIPAL AUTHORITY
725 MUNICIPAL DRIVE
SHIPPENSBURG, PA. 17257
(717) 532-6949
PRESORTED
FIRST-CLASS MAIL
U,S POSTAGE PAID
SHIPPENSBURG, PA
PERMIT NO.5
01478
ACCOUNT NO.
,.
ACCOUNT NO.
01478
,.
0911612005
0911612005
PREVIOUS BAlANCE
0.00
26.00
AMT AFTER DUE DATE
27.30
PREVIOUS BALANCE
0.00
26.00
AMT AFTER DUE DATE
27.30
SERVlCEFROM
TO
08101/2005
SERVICE FROM
TO
0810112005
08131/2005
0813112005
PREVIOUS READING
PRESENT READING
1000 GALLONS USED
MAIL TO
402 N. Earl S1r8el
Michael Rhlnenart
P.O. Box 33
Sl1ippansburg, PA 17257-0033
EXHIBIT
FORSERVlCEAT:
All bllls are due and payable upon receipt
A5%penaltywlllbechargedafterthe15th.
Make checks payable to C.F.J.M.A.
I
It D ""
RETAIN THIS PORTION FOR YOUR RECORD
PLEASE RETURN TH1S STUB WITH PAYMENT
CUMBERLAND FRANKLIN JOINT
MUNICIPAL AUTHORITY
725 MUNICIPAL DRIVE
SHIPPENSBURG, PA. 17257
(717) 532-0949
ACCOUNT NO.
. ,.
01478
PREVIOUS BALANCE
0111512006
AMTAFTEROUEDATE
27.30
SERVICEFRQM
53.30
54.60
TO
12/0112005
PREVIOUS READING
1213112005
PRESENT READING 1000 GALLONS USED
FOR SERVICE AT:
402 N. EM Street
AU bUls are due and payable upon receipt
A5%penaltywill be charged after the 15th.
Make checks payable to C.F.J.M.A.
ACCOUNT NO
01478
PREVIOUS BALANCE
27.30
53.30
PRESORTED
FIRST-CLASS MAil
US POSTAGE PAID
SHIPPENSBURG, PA
PERMIT NO, 5
..
01/1512006
AMT AFTER DUE DATE
54.60
TO
12/3112005
RETAIN THIS PORTION FOR YOUR RECORD
CUMBERLAND FRANKLIN JOINT
MUNICIPAL AUTHORITY
725 MUNICIPAL DRIVE
SHIPPENSBURG, PA. 17257
(717) 532-0949
ACCOUNT NO.
. ,.
01478
PREVIOUS BALANCE
0211512006
AMT AFTER DUE DATE
54.60
5ERVlCEFROM
80.60
81.90
TO
01/0112006
PREVIOUS READING
01/3112006
PRESENT READING 1000 GALLONS USEO
FORSERVlCEAT:
402 N. Earl Street
All bills are due and payable upon receipt.
A5%penaltywill be charged afterthe 15th.
Make checks payable to C.F .J.M.A.
Michael Rhinehart
P.O. Box 33
Shippensburg, P A 17257-0033
PLEASE RETURN THIS STUB WITH PAYMENT
ACCOUNT NO.
01478
PREVIOUS BALANCE
54.60
SERVICE FROM
80.60
PRESORTED
FIRST-CLASS MAIL
u.s. POSTAGE PAID
SHIPPENSBURG, PA
PERMIT NO, 5
,.
0211512006
AMT AFTER DUE DATE
81.90
TO
0110112006
01/3112006
MAIL TO
Michael Rhinehart
P.O. Box 33
Shippensburg, PA 17257-0033
RETAIN THIS PORTtON FOR YOUR RECORD
PLEASE RETURN THIS STUB WITH PAYMENT
~~
BOROUGH OF SHIPPENSBURG
111 NORTH FAYETTE STREET, SHIPPENSBURG, PA 17257
(717) 532-2147
210 00 0
WATERISEWER/REFUSE/RECYCLlNG BILL
10/01/05
ACCOUNT NO:
BILLING DATE:
SERVICE LOCATION:
402 N. EARL ST.
BILLING PERIOD:
07/01/05 to 09/30/05
DIRECT WITHDRAWAL ACCOUNTS WILL BE
DEBITED ON THE 25TH OF THE MONTH.
CURRENT READING:
PREVIOUS READING:
USAGE:
9'24
906
18
09/06/05
06/01/05
RHINEHART, MICHAEL
P. O. BOX 33
SHIPPENSBURG, PA 17257-0033
Water Pr'2V Sal:
0.00
,,-
Water
1.00 Wll:
Excess:
37.06
52.86
This is your Quarterly Water, Sewer, and Recycling Refuse Statement. All bills are due and
payable upon receipt. Penalty is added alter the due date. Make all checks payable to the
Borough of Shippensburg. If mailing payment, include bottom portion of statement and
mail to: Borough of Shippensburg, P.O. Box 129, Shippensburg, PA 17257. If receipt is
desired enclose both portions of statement. No receipt is mailed unless a stamped, self-
addressed envelope IS furnished. If paying in person, please bring bill to Shippensburg
Borough Office, 111 N. Fayette St., Shippensburg, PA, Weekdays, 8 a.m. to 5 p.m. Closed
Saturdays, Sundays and Holidays.
All rates are on file in the office and available for review. Additional information on back.
cJdJ t/9oo /'
11_lr()~
AUTOMATIC BILL PAYMENT IS NOW AVAILABLE
KEEP THIS STUB FOR YOUR RECORDS
PENALTY:
TOTAL DUE:
0.00
-...;",---
b
@ MGL FORMS~SYSTEM5 5144--01 Q
_.i!!.m:ZiQDUi')"~~~.~.~~~ii{~
EXHIBIT
I .. E"
~~
BOROUGH OF SHIPPENSBURG
111 NORTH FAYETTE STREET, SHIPPENSBURG, PA 17257
(717) 532-2147
ACCOUNT NO:
402 N. EARL ST.
SERVICE LOCATION:
10/01/05 to 12/31/05
BilLING PERIOD:
CURRENT READING:
PREVIOUS READING:
USAGE:
938
924
14
12/01/05
09/06/05
RHINEHART, MICHAEL
P. O. BOX 33
SHIPPENSBURG, PA 17257~0033
This is your Quarterly Water, Sewer, and Recycling Refuse Statement. All bil!s are due and
payable upon receipt. Penalty is added after the due date, Make all checks payable to the
Borough of Shippensburg. If mailing payment, include bottom portion of statement and
mail to: Borough of Shlppensburg, P.O. Box 129, Shippensburg, PA 17257.11 receipt is
desired enclose both portions of statement. No receipt is mailed unless a stamped, 5elf-
addressed envelope is furnished. If paying in person, please bring bill to Shippensburg
Borough Office, 111 N. Fayette St., Shippensburg, PA, Weekdays, 8 a.m. to 5 p.m. Closed
Saturdays, Sundays and Holidays.
All rates are on file in the office and available for review. Additional information on back.
AUTOMATIC BILL PAYMENT IS NOW AVAILABLE
KEEP THIS STUB FOR YOUR RECORDS
WATERISEWER/REFUSE/RECYCLlNG BILL
01/01/06
BILLING DATE:
DIRECT WITHDRAWAL ACCOUNTS WILL BE
DEBITED ON THE 25TH OF THE MONTll.
Water Prev Bal:
1. 12
Water
1.00 WII:
Excess:
37.06
35.58
PENALTY:
TOTAL DUE:
0.01
73.77
@ MGL FORMS~SYSTEMS S144~01 Q
_~.r:~~I~I~
BOROUGH OF SHIPPENSBURG
PLEASE WRITE ACCOUNT NO. ON YOUR CHECK
MAKE CHECK PAYABLE TO: BOROUGH OF SHIPPENSBURG
MAIL PAYMENT TO: BOROUGH OF SHIPPENSBURG
P.O. BOX 129
SHIPPENSBURG, PA 17257
RHINEHART, MICHAEL
P. O. BOX 33
SHIPPENSBURG, PA 17257-0033
01/31/06 2005 4
DUE DATE: YEAR: PRO:
73.76
AMOUNT DUE:
PENALTY: 0.01
73.77
TOTAL DUE:
ACCOUNT NO: 21002500-0
SERVICE LOC: 402 N. EARL ST.
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RHINEHART ELECT SVCS
PAGE 02
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March 15, 2006
To Fred and Leslie Tiedt
1822 Sterrets Gap Avenue
Carlisle, PA 17013
From Mike Rhinehart
PO Box 33
Shippensburg, P A 17257
Due to unpaid rent and utilities, cleaning charges and damages your security deposit will not be
refimded.
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VERIFICA liON
I verify that the statements made in the foregoing Complaint are true and correct.
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. ~904 relating to unsworn falsification to authorities.
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Michael R Rhinehart
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MICHAEL R RHINEHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-1189 CIVIL TERM
FRED TIEDT and LESLIE TIEDT,
Defendants
CERTIFICATE OF SERVICE
I, James M. Robinson, Esquire hereby certify that I served a true and correct
copy of the Complaint, by depositing same in the United States Mail, first class, postage
pre-paid on the 21st day of March, 2006, from Carlisle, Pennsylvania, addressed as
follows:
Geoffrey M. Biringer, Esquire
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
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MICHAEL R. RHINEHART,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:No. 06-1189 CIVIL TERM
FRED TIEDT and LESLIE TIEDT
Defendants
To: MICHAEL R. RHINEHART
You are hereby notified to file a written response to the enclosed Answer, New
Matter, Affirmative Defenses, and Counterclaims within twenty (20) days from service
hereof or a judgment may be entered against you.
~~~,~~
'Geoffrey M. Biringer
Attorney for Defendants
401 E. Louther Street, Carlisle, P A 17013
(717)243-9400
Sup. Ct. ID#18040
MICHAEL R. RHINEHART,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:No. 06-1189 CIVIL TERM
FRED TIEDT and LESLIE TIEDT
Defendants
ANSWER. NEW MATTER. AFFIRMATIVE DEFENSES
And COUNTERCLAIMS.
ANSWER
L Admitted.
2. Denied. Defendants reside at Three Square Hollow Road, Newburg, P A.
3. Admitted.
4. Admitted that the rent was as stated, but denied, as set out further below, that
the late charges were lawful.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
II. Denied. Rent was forgiven completely for June, 2005 due to the extensive
cleanup needed before Defendants could move in.
12. Denied. Defendants are without sufficient information to form a belief as to
the truth of the averment and proof thereof is demanded at trial.
13. Denied. Defendants are without sufficient information to (arm a belief as to
the truth of the averment and proof thereof is demanded at triaL
14. Admitted.
IS. No response required.
16. Denied. Defendants paid more rent than that stated. Further, as stated in New
Matter below, said rent was not due because the premises were worth less than the
contract rent due to the conditions therein.
17. Denied. Rent other than for June was paid on time.
18. Denied. The water damage and subsequent mold encompassed the entire
width of the bedroom and hallway. Defendants offered to make repairs, but said offer
was rejected by the Plaintiff
19. Denied. Defendant's made more rent payments than credited for, rent was not
due because ofthe condition of the leased premises, any rent due was offset by the effect
that the mold had on Defendants' family health, and the late charges levied were far in
excess of a "legal" late charge meant to compensate the Plaintiff for the extra
administration of the late payments.
WHEREFORE, Defendants pray that Plaintiffs complaint be dismissed and
judgment entered for Defendants.
20. No response required.
2 L Denied. Defendants received no invoices from the Plaintiff
22. Denied. Defendants are without infonnation sufficient to form a belief as to
the truth of the averment and proof thereof is demanded at trial.
23. Denied. Defendants received no utility invoices.
WHEREFORE, Defendants pray that Plaintiffs complaint be dismissed and
judgment entered for Defendants.
24. No response required.
25. Denied. Defendant is without information sufficient to form a belief as to the
truth of the averment and proof thereof is demanded at triaL
26. Denied. The listed items were damaged before the Defendants moved into the
premises.
27. Admitted that the kitchen cabinet door was damaged, but denied that the
Defendants poked a hole in the wall, as that damage was present when Defendants moved
Ill.
28. Denied. The handrail had been removed and was missing before the
Defendants moved in.
29. Denied in part. The four closet doors were missing before the Defendants
moved in.Admitted that the Defendants damaged one bedroom door.
30. Admitted that some walls may have been marked, but, by way of further
answer, the children used washable crayon.
3 L Denied. Defendants are without information sufficient to form a belief as to
the truth of the averment and proof thereof is demanded at trial.
32. Denied. Defendants never received said notice.
33. Denied. As set out above, Defendants did not damage
Plaintiffs property and do not owe him any money as a result.
WHEREFORE, Defendants pray that Plaintiffs complaint be dismissed and
judgment entered for Defendants.
NEW MATTER
34. Paragraphs 1-33 are incorporated herein by reference hjereto.
35. Despite the fact that the lease was to start on June l, 2005, Defendants could
not move in due to the condition of the premises.
36. At Plaintiffs request and with his express permission, Defendants, prior to
moving in, performed the following tasks: during June and July, 2005:
a. spackled and painted holes in walls (Defendants bought all the paint);
b. scrubbed the floors, walls, and ceilings;
c. cleaned the carpets;
d. flea-bombed the house twice (Defendants bought the fleas bombs).
e. cleaned out the garage and had the trash hauled away.
37. Due to this cleanup, Plaintiff offered to forgive one month's rent to
Defendants, although he credited them with only $400.
2005.
38. Defendants could not move in to the leased premises until the end of July,
39. Despite the condition of the leased premises both before and after this
cleanup, Defendants paid rent (plus security) in May ($1400), July/August ($1000),
August/September ($724), and September ($800).
40. Said payments were made in cash, and Plaintiff provided no receipts for
payment.
41. In the summer of2005, Defendants noticed the growth of mold upstairs in the
hall and the bedroom.
42. Defendants contacted the Plaintiff about said mold and with requests to
eradicate it, on numerous occasions, to no avaiL
43. As a result of the presence of this mold, Defendants' family became ill:
a. Leslie Tiedt: bronchial problems, requiring steroid shots and breathing
treatments.
b. Shana: coughing, ear infections
c. Gavin: respiratory and sinus inflammation
d. Juliet: rash.
44. These illnesses are the direct result of Plaintiffs failure to respond to the
mold problem in a timely manner.
45. In addition to the mold, the furnace caused the garage to be filled with black
smoke, and the tank needed to be refilled every three weeks. Plaintiff was made aware of
this situation as well, but took no action.
AFFIRMATIVE DEFENSES
46. Paragraphs 1-45 are incorporated herein by reference hereto.
47. Defendants paid all of their rent in cash, and Plaintiff issued no receipts.
48. Defendants believe, and therefore aver, that between the credit they are
entitled to for labor and materials benefiting Plaintiff as the owner, and for cash paid
directly to the Plaintiff, they have paid all of the rent due.
WHEREFORE, Defendants pray that Plaintiffs count for rent due be dismissed
and judgment entered for Defendants.
49. Paragraphs 1-48 are incorporated herein by reference hereto.
50. Plaintiffs claims for damages are for items that were already damaged when
the Defendants moved in to the property.
WHEREFORE, Defendants pray that Plaintiffs count for damages be dismissed
and judgment entered for Defendants.
COUNTERCLAIMS
I. BREACH OF WARRANTY OF HABIT ABILITY
51. Paragraphs I-50 are incorporated herein by reference hereto.
52. Due to the presence of mold in the leased premises and the effect of it on
Defendants family health, and a furnace that emitted an unhealthy amount of smoke and
burned fuel more rapidly than it should, Plaintiff, aware of these hazards, breached the
implied warranty of habitability as to the Defendants.
53. As a result of these breaches, the leased premises were worth no more than
Five Hundred Dollars ($500) in any month from the inception of the lease until the end.
54. Defendants overpaid, therefore, or are entitled to setoff, rent in the amount of
Two Hundred Dollars ($200) per month for nine months, for a total overpayment or
setoff in the amount of Two Thousand Dollars ($1800).
WHEREFORE, Defendants request judgment in their favor and against the
Plaintiff in the amount of One Thousand Eight Hundred Dollars which is within the
amount requiring compulsory arbitration.
II. UNFAIR TRADE PRACTICES AND CONSUMER
PROTECTION LAW
55. Paragraphs 1-54 are incorporated herein by reference hereto.
56. By renting the subject property in a condition that was less then habitable due
to mold, a faulty furnace, and numerous broken doors and tiles, Plaintiff violated the
UTPand CP Law at 73 P.S.S201-2 (4)(ii), (iii), (xxi).
WHEREFORE, Defendants respectfully request that this Court award
Defendants treble damages, pursuant to 73 P.S.S201-9.2 in the total amount of Five
Thousand Four Hundred Dollars $5,400, plus reasonable attorney fees and costs.
Respectfully Submitted:
MIDPENN LEGAL SERVICES
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. Geoffrey M. Biringer . - (
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
Sup. Ct ID#18040
VERIFICATION
The Defendants, Fred Tiedt and Leslie Tiedt, verifiy that the statements made in
the above Answer, with New Matter, Affirmative Defenses, and Counterclaims are true
and correct. The Defendants understands that false statements herein are made subj ect to
the penalties of 18 P A C.S. ~4904, relating to unsworn falsification to authorities.
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Fred Tiedt
Date: 0<1-/:)-;2,"06
Date:C/f -I J. ~ /Jdb
CERTIFICATE OF SERVICE
I, Geoffrey M. Biringer, being a Member in good standing of the Bar, hereby state
that I served a copy of Defendants' Answer, New Matter, Affirmative Defenses and
Counterclaims on the Plaintiff by placing same in the United States Mail, postage prepaid
to the following person and at the following address:
James M. Robinson, Esquire
28 S. Pitt Street
Carlisle, P A 17013
Date: C/--/ l'-CJ~
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GeOffr~ger
401 E. Louther Street
Carlisle, P A 17013
(717)243-9400
Sup.CtJD#18040
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-1189 CIVIL TERM
FRED TIEDT and LESLIE TIEDT,
Defendants
ANSWER TO NEW MATTER, AFFIRMATIVE DEFENSES
AND COUNTERCLAIMS
34. No answer required.
35. Denied. Defendants moved items into the property prior to June 1, 2005.
Plaintiff is unaware of the actual date Defendants occupied the building.
36. Denied. Plaintiff did not request Defendants to perform the itemized tasks,
but did grant permission for them to perform them. To the best of Plaintiffs knowledge,
these tasks were performed prior to June 1, 2005. As per a verbal agreement with
Defendants, they were compensated for this work by rent reduction of $400.00 for June,
2005.
37. Denied.
38. Denied. The property was ready for occupancy prior to June 1, 2005.
Also, Shippensburg Township performed its annual rental property inspection during
June and issued its report indicating that the only problems existing were a dead battery
in a smoke detector and two broken door knobs, both of which were promptly resolved.
See Exhibit VA" attached hereto.
39. Denied. Defendants only paid rent totaling $1,440.00.
40. Denied. Rental payments of $700.00 received April 49, 2005 and $600.00
received September 13, 2005 were paid in cash, but $140.00 received September 15,
2005 was Defendant's payroll check. Plaintiff offered receipts to Defendants, who
stated they did not want one. Plaintiff did periodically provide copies of his rental record
to defendants when trying to collect past-due rent.
II
41. Denied. Plaintiff was informed of small spots of mold on November 4,
2005. The roof was fixed within two days and Defendants were instructed to wipe away
surface spots that had formed with bleach and report back to him, which Defendants
never did.
42. Denied. See the answer to averment 41.
43. Denied. Plaintiff is without information sufficient to form a belief as to the
truth of this averment. Proof thereof is demanded at trial.
44. Denied.
45. Denied. Plaintiff was never notified of any problems with the furnace and
knows of no problems at this time.
AFFIRMATIVE DEFENSES
46. No answer required.
47. Denied. Defendants paid $700.00 on April 29, 2005, $600.00 on
September 13, 2005, and $140.00 on September 15, 2005. Receipts were offered to
the Defendants on all occasions, but were refused by Defendants.
48. Denied.
49. No answer required.
50. Denied.
COUNTERCLAIMS
Breach of Warrantv of Habitabilitv
51. No answer required.
52. Denied. The small spots of mold that formed were caused by a small leak
in the roof, which was fixed within two days of notification, except that Defendants did
not wipe away the spots on the ceiling with bleach as requested. Plaintiff was never
notified of a problem with the furnace and is still unaware that such a problem ever
existed. The implied warranty of habitability was not breached.
53. Denied. The Lease signed by Defendants called for monthly rent of
$700.00. The Property was in substantially the same condition when occupied by
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Defendants as it was when they signed the lease. The damage to the property was
caused by Defendants, their family and quests,
54. Denied.
WHEREFORE, Ihe Plaintiff, Michael R. Rhinehart, respectfully requests that
Defendants' counterclaim be dismissed and that judgment be entered in his favor.
Unfair Trade Practices and Consumer Protection Law
55. No answer required.
56. Denied. The Property was habitable at the time Defendants moved in and
was habitable throughout their tenancy.
WHEREFORE, the Plaintiff, Michael R. Rhinehart, respectfully requests that
Defendants' counterclaim be dismissed and that judgment be entered in his favor.
Respectfully Submitted
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SHIPPENSBURG TOWNSHIP
81 Walnut Bottom Rd.
P.O. Box 219
Shippensburg, PA 17257
717-532-7137 FAX:7l7-532-5107
Angela Hock
Codes Enforcement Officer
June 30, 2005
Michael Rhinehart
P.O. Box 33
Shippensburg, P A 17257
RE: Rental. Property Inspection
NOTICE
NOTICE IS HEREBY GIVEN that an inspection was completed at your rental properties located
within the Shippensburg Township at 402 North Earl Street. The attached papers contain
violations that were found during this inspection. The reasonable amount of time for these
violations is 30 days. At the end of this time period, a reinspection will be scheduled.
If all violations are complied with before the time is up, an early reinspection may be
performed. If this is the case, please call me at the Township Office at 717-532-7137. Your
expected cooperation is very much appreciated. If at the time of reinspection, the violations are
ignored, the property owner may be subject to a fine. .
If an appeal is filed, it must be sent to the Shippensburg Township % BOCA Appeals
Board, 1'.0. Box 219 Shippensburg, PA 17257. A check in the amount of$150.00 must also be
sent with the request. Check must be payable to Shippensburg Township.
111.1 Application for appeal: Any person affected by a decision of the code
official or a notice or order issued under this code shall have the right to appeal to the board of
appeals, provided that a written application for appeal if filed within 20 days after the day of the
decision, notice or order was served. An application for appeal shall be based on a claim that the
true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted,
the provisions of this code do not fully apply, or the requirements of this code are adequately
satisfied by other means.
Angela Hock
Codes Enforcement Officer
VIOLATIONS
#402 North Earl Street
First Floor
The smoke detector needs a battery
704.3 Power source.
In Group R occupancies, single-station smoke alarms shall be battery operated or shall receive
their primary power from the building wiring provided that such wiring is served from a
commercial source. When power is provided by the building wiring, the wiring shall be
permanent and without a disconnecting switch other than those required for overcurrent
protection.
Upstairs Middle Bedroom
The door knob is broke
304.6 Interior doors.
Every interior door shall fit reasonably well within its frame and shall be capable of being opened
and closed by being properly and securely attached to jambs, headers or tracks as intended by
the manufacturer of the attachment hardware.
Upstairs Last Bedroom
The door knob is broke
304.6 Interior doors.
Every interior door shall fit reasonably well within its frame and shall be capable of being opened
and closed by being properly and securely attached to jambs, headers or tracks as intended by
the manufacturer of the attachment hardware.
~HIPPENSBURG TOWNSHIP'
81 Walnut Bottom Rd.
P.O. Box 219
Shippensburg. PA 17257
717-532-7137 FAX:717-532-5107
Angela Hock
Codes Enforcement Officer
November 7, 2005
Michael Rhinehart
P.O. Box 33
Shippensburg, PA 17257
NOTICE
This letter is to notify you that on October 27,2005, a reinspection was completed at 402 North
Earl Street. At this time you are in compliance. If all goes well, you should not here from me
until later in the year. Please don't forget that rental license renewal is by March 1, 2006. If you
have any questions, please feel free to call me at the Township Office at 717-532-7137.
Thank You,
J.-
Angela Hock
Codes Enforcement Officer
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VERIFICATION
I verify that the statements made in the foregoing Answer to New Matter,
Affirmative Defenses and Counterclaims are true and correct. I undersland that false
statements herein are made subject to the penalties of 18 Pa.C.S. ~904 relating to
unsworn falsification to authorities.
Date
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Michael R. Rhinehart
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MICHAEL R. RHINEHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-1189 CIVIL TERM
FRED TIEDT and LESLIE TIEDT,
Defendants
CERTIFICATE OF SERVICE
I, James M. Robinson, Esquire hereby certify that I served a true and correct
copy of the Answer to New Matter, Affirmative Defenses and Counterclaims, by
depositing same in the United States Mail, first class, postage pre-paid on the 4th day of
May, 2006, from Carlisle, Pennsylvania, addressed as follows:
Geoffrey M. Biringer, Esquire
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
FRED TIEDT and LESLIE TIEDT,
Defendants
NO. 06-1189 CIVIL TERM
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The above-captioned action is (or actions are) at issue.
The claim of the Plaintiff in the action is $6,223.49.
The counterclaim of the Defendant in the action is $5,400.00.
The following attomeys are interested in the case as counselor are otherwise
disqualified to sit as arbitrators:
James M. Robinson, Esquire, counsel for the Plaintiff in the above action, respectfully
represents that:
1.
2.
James M. Robinson, Esquire
Turo Law Offices
Geoffrey M. Biringer. Esquire
MidPennLegal Services
WHEREFORE, YOUR Petitioner prays this Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully submitted,
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v.
NO. 06-1189 CIVIL TERM
FRED TIEDT and LESLIE TIEDT,
Defendants
ORDER OF COURT
foregoing Petition,
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appointed arbitrators in the above-captioned
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MICHAEL RHINEHART,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
FRED TIEDT AND LESUT TIEDT,
DEFENDANTS
: 06-1189 CIVIL TERM
ORDER OF COURT
AND NOW, this
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day of September, 2006, the appointment of
Jennifer Hipp, Esquire, to the Board of Arbitrators in the above-captioned case, IS
VACATED. Leslie Ann Tomeo, Esquire, is appointed in her place.
By the Court
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Carol Lindsay, Esquire
Chairman
Leslie Ann Tomeo, Esquire
155 S. Hanover Street
Carlisle, PA 17013
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MICHAEL R. RHINEHART,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
FRED TIEDT AND LESLIE TIEDT,
DEFENDANTS
: 06-1189 CIVIL TERM
AND NOW, this
ORDER OF COURT
2.(
.J day of September, 2006, the appointment of
Carol J. Lindsay, Esquire, as chairman on the Board of Arbitrators in the above-
captioned case, IS VACATED. Michael Solomon, Esquire, is appointed in her place.
By the CouJj,
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Court Administrator
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Oath
We do solemnly swear (or affinn) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with fidelity.
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Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
foll.owing awar.d: (Note: If damages for d~l~'y ~e awarded\ they sht41 be sep~ately stated.)
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MICHAEL R. RHINEHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-1189 CIVIL TERM
FRED TIEDT and LESLIE TIEDT,
Defendants
PETITION NUNC PRO TUNC TO MOLD AWARD OF BOARD OF
ARBITRATORS PURSUANT TO Pa.R.C.P. No. 1307
1. Plaintiff, Michael R. Rhinehart, filed a complaint against Defendants, Fred
Tiedt and Leslie Tiedt, on March 21, 2006, which complaint was docketed as number
06-1189. See Exhibit "A" attached hereto.
2. Count one (1) of Plaintiff's complaint prayed for recovery of rent and late
charges in the amount of $5,036.00 plus costs of suit and attorney's fees as permitted
by the subject lease.
3. Count two (2) of Plaintiff's complaint prayed for recovery of utility
payments made by Plaintiff in the amount of $327.49.
4. Count three (3) of Plaintiff's complaint prayed for recovery of damages in
the amount of $860.00.
5. On May 16, 2006, Plaintiff filed a Petition for the Appointment of
Arbitrators, which petition the Court approved, issuing an Order of Court on May 17,
2006.
6. A hearing before the Board of Arbitrators was scheduled for October 16,
2006 and notice of the hearing was provided to counsel for Plaintiff and Defendants.
7. Although Counsel for the Defendants appeared at the appointed time and
place of the hearing, the Defendants failed to appear.
8. Testimony was given by Plaintiff in support of Plaintiff's complaint and
request for attorney's fees.
II
"
.
9. Following the hearing, the Board of Arbitrators issued its award, which
reads, "Judgment in favor of Plaintiff on all counts, including Defendants' counter-
claims. Plaintiff awarded $1,000 in attorney's fees." See Exhibit "B" attached hereto.
1 O. As a result of the above-stated award, the Prothonotary of Cumberland
County entered the award in the judgment index in the amount of $1,000.00, which
amount does not include any amount for Plaintiff's substantive claims.
11 . Counsel for the Plaintiff was unaware that the award of the Board of
Arbitrators failed to state an amount awarded for Plaintiff's substantive claims until
November 29, 2006, when preparing a Praecipe for Entry of Judgment following the
thirty (30) day appeal period.
12. Pa.R.C.P. No. 1307 allows the Court to mold the award where the record
and award disclose an obvious and unambiguous error on application of a party within
the thirty (30) day appeal period.
13. Plaintiff did not realize the large error would preclude his recovery of all
sums due until he attempted to enter judgment, which discovery occurred after the 30
day appeal period.
14. Plaintiff diligently filed this motion nunc pro tunc upon the discovery of the
error and a molding of the award serves the interests of justice.
WHEREFORE, Plaintiff respectfully prays that the Court will, in the interest of
justice, mold this award to include $5,036.00 for rent and late charges, $327.49 for
reimbursement of utility bills, $860.00 for recovery of damages, and $1,000.00 for
attorney's fees as awarded by the Board of Arbitrators, for a total of $7,223.49 and that
the Court will order the Prothonotary of Cumberland County to enter the award in the
judgment index in the amount of $7,223.49.
II
Respectfully Submitted
TURO LAW OFFICES
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MICHAEL R. RHINEHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
FRED TIEDT and LESLIE TIEDT,
Defendants
NO. 06-1189 CIVIL TERM
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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 of 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, PA 17013
(717) 249-3166
, I ,
MICHAEL R. RHINEHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-1189 CIVIL TERM
FRED TIEDT and LESLIE TIEDT,
Defendants
COMPLAINT
1. Plaintiff, Michael R. Rhinehart, whose mailing address is P.O. Box 33,
Shippensburg, PA 17257, hereinafter also referred to as "Landlord", is the owner of
property located at 402 North Earl Street, Shippensburg, Cumberland County,
Pennsylvania 17257, (the "Property").
2. Defendants, Fred Tiedt and Leslie Tiedt, hereinafter also referred to as
"Tenants," are husband and wife whose last known address is 1922 Sterretts Gap
Avenue, Carlisle, Cumberland County, Pennsylvania 17013.
3. On or about April 29, 2005, Plaintiff and Defendants entered into a Lease
for the use and enjoyment of the Property to begin on June 1, 2005 and to end with 60
days advance notice, (the "Lease"). See Exhibit "M' attached hereto.
4. Paragraph 4 of the Lease calls for monthly rental payments in the amount
of $700.00 to be paid to Landlord by the first day of each month and further states that
Tenant agrees to pay $3.00 per day if rent is not paid on time. See Exhibit "A", page 1.
5. Paragraph 5 of the Lease requires a security deposit of $700.00 to be paid
before the start date of the Lease, which deposit could be used by Landlord to pay for
damages to the Property or for unpaid rent. See Exhibit "A". page 1.
6. Paragraph 14 of the Lease states that the Tenants are responsible for the
care of the Property during the term of the lease and further states that the Tenants
agree to pay for any damage caused by themselves, their family and guests. See
Exhibit "~, page 4.
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7. Pursuant to Paragraph 16 of the Lease, Tenants are responsible for
payment for television cable, electric service, water service, refuse collection, lawn
maintenance, snow and leaf removal, and sewer charges. See Exhibit" A", page 4.
8. The Lease states that Tenants violate the Lease if they fail to pay rent or
other charges on time of if they do not do all the things they agreed to do in the Lease.
It further states that if Tenants violate the Lease, they agree to waive Notice to Quit and
permit Landlord to sue them jointly or severally for collection of "overdue rent, late
charges and money damages caused by Tenant's violation." See Exhibit "A", page 5.
9. Paragraph 18 of the Lease states that "landlord may receive reasonable
attorneys fees as part of a court judgment in a lawsuit against tenant for violation of the
agreements of this Lease." See Exhibit "An, page 6.
10. On or about April 29, 2005, at the signing of the Lease, Defendants paid to
Plaintiff $1 ,400.00, which represented $700.00 security deposit and $700.00 for the first
month's rent.
11. Rent for the month of June 2005 was reduced to $300.00 to give
Defendants credit for assistance in cleaning up from the prior tenant.
12. Plaintiff kept detailed records by hand in the normal course of this rental
business with all entries made upon receipt of rental payment. See Exhibit liB" attached
hereto.
13. On January 4, 2006, Plaintiff provided Notice to Quit to Defendants, as
required by 68 P.S. ~ 250.501, by posting it on the property because neither Defendant
was available for personal service. See Exhibit "C" attached hereto.
14. Defendants did not actually vacate the premises until February 27,2006,
when visited by a Constable enforcing an order issued by the Honorable Harold E.
Bender granting possession to the Plaintiff.
COUNT NO.1 - RECOVERY OF RENT AND LATE CHARGES
15. The averments made in Paragraphs 1 through 14 are incorporated herein
as though fully set forth.
16. As of January 4, 2006, when Plaintiff posted the Notice to Quit,
Defendants had paid rent totaling $1,440.00, which pays rent only midway through
August 2005.
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17. Only the prepaid rent for June was received on time, as required by the
Lease.
18. Prior to posting the Notice to Quit, Defendants had complained only of a
small water leak, which leak was promptly repaired. This leak left a small spot of mold
on the hallway and bedroom room ceilings, which spots were permanently removed
when being wiped off with a bleach-soaked cloth.
19. Defendants were in violation of the Lease by reason of non-payment of
rent when due and remain indebted to Plaintiff for rent for the period August 2005
through February 27,2006 at $700.00 per month, for total rent of $4,460.00 plus late
charges of $576.00.
WHEREFORE, for all the reasons stated above, the Plaintiff, Michael R.
Rhinehart, respectfully requests judgment in his favor and against Defendants in the
amount of $5,036.00 plus interest through the date of trial, attorney's fees as permitted
by the Lease, and costs of suit.
COUNT NO.2 - RECOVERY OF UTILITY PAYMENTS
20. The averments made in Paragraphs 1 through 19 are incorporated herein
as though fully set forth.
21. Invoices for sewer and water service were mailed directly from the utility
provider to the Plaintiff, who forwarded all invoices to the Defendants for payment, as
required by the terms of the Lease. See Exhibit "0" and Exhibit liE" attached hereto.
22. Because Defendants failed to pay these invoices from Cumberland
Franklin Joint Municipal Authority for sewer service and the Borough of Shippensburg
for water service, Plaintiff paid a total of $327.49 for these utilities.
23. Defendants violated the terms of the Lease by not paying these utility
invoices as they came due.
WHEREFORE, for all the above reasons, the Plaintiff, Michael R. Rhinehart,
respectfully requests judgment in his favor in the amount of $327.49 plus interest
through the date of trial and cost of suit.
COUNT NO, 3 - RECOVERY FOR DAMAGES
24. The averments made in Paragraphs 1 through 23 are incorporated herein
as though fully set forth.
25. Plaintiff inspected the Property on February 27, 2006, immediately upon
vacation by the Defendants.
26. In the living room, ceiling tiles were damaged, tiles on the hearth were
damaged or missing, and the closet door was missing. See Exhibit "F".
27. In the kitchen, a cabinet door had been damaged and a hole had been
poked in the wall. See Exhibit "F".
28. The handrail in the stairwell to the second floor had been removed and
was missing. See Exhibit "F".
29. Four closet doors were missing from the bedrooms and one bedroom door
was damaged. See Exhibit "F".
30. Many of the walls throughout the house were marked up with crayon,
pencil or ink, as though the children were permitted to draw on them at will. See Exhibit
"F".
31 . Plaintiff received estimates to repair the damage caused by the Tenants
and their family and visitors, which estimate totaled $1,560.00. See Exhibit "G"
attached hereto.
32. Plaintiff notified Defendants in writing that their security deposit of $700.00
will not be refunded. Plaintiff will use this deposit to pay for repairs. See Exhibit "H"
attached hereto.
33. Defendants violated the Lease by not properly caring for the Property
during the term of the Lease, which violation resulted in damages of $1,560.00 which,
when being partially offset by Defendants' $700.00 security deposit, results in a claim of
$860.00.
.
,
WHEREFORE, for all the above reasons, the Plaintiff, Michael R. Rhinehart,
respectfully requests judgment in his favor in the amount of $860.00 plus interest
through the date of trial and cost of suit.
31:J.IJD~
Date
Respectfully Submitted
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LEASE
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THIS IS A RESIDENTIAL 'LEASE. IT IS A LEGALLY BINDING'
CONTRACT BETWEEN THE LANDLORD AND EACH TENANT. EACJ{ .'.l'EN~T',SHOULD
READ THIS LEASE CARE~ULLY.
THIS RESIDENTIAL LEASE CONTAINS'WAIVERS OP yotm RIGHTS AS A
TENANT. .!lACH TENAN'!' SHouLD NOT SIGN TJfIS LIASE UNTIL EACH TENAN'!'
UNDERSTANDS ALL 01 THE AGl'U!1EMEN'l'S IN THIS LEASE.
1. NAMES OP LANDLORD AND TENANT
Name of the landlord: IYlI e-d/JI.SL- Rf/l/i/Ef(4,'2T'
Name(s) of the ten~t(s): '__
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2. LEASED P~EMISES
The leased premises is the place that 'landlord
to tenant. The leased premises is: .. .
'foz- AI '. ~L,,<5;.--r.. ..5/Idf; J>/J -
agrees to lease
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3 . STARTING AND ENDI.NG DATES. 01 LEASE AGREEMENT
This lease starts on ...-, ( - o~
This lease ends afr ~/ ho 1>Jf NO 17c.e..
" . RENT
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The amount of rent is: $. 7 ~~ . each month.
TenjJ1t agrees to pay the monthly rent in advance on or before
the 1~1I day of each month. . Landlord does not have to ask (MAKE
DEMAllt5rJPON) tenant to pay the' rent. Tenant agrees to pay rent by
first class mail postage prepaid or in person to landlord at the
place specified by landlord.
Tenant agrees to pay a LATE C~QE
tenan~ does not pay the rent on time. If
landlord, the date of payment will be.
postmarked.
of $ -Z.rV per day if
tenant mails the rent to
the date the letter is
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s. SECURITY DEPOSIT
Tenant agrees to pay a security deposit of $ 7m. c-o
Tenant agrees to pay the ~ecurit~ deposit to i~nd:cLd before
the lease starts and before,lAn~lord gives possession of the leased
premises to tenant.
L~ndlord can take money from the s=curity depv~lt to pay for
any damages caused by tenant, tenant's family and tenant's guest's.
Landlord may take the security deposit to pay for any unpaid rent.
After taking out for damages and unpaid rent, landlord agrees
to send to ten~nt any security deposit money left over. Landlord
will send the remaining security depcsit money to tenant no later
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lease premises to anyone else without the written consent of
landlord. Tenant agrees t.h~t if tenant transfers this lease
(assigns) or leases all or a part of the 'leased premises to another
(sublease), tenant has violated this lease.
10. RESPONSIBILITY FOR DAMAGE TO PR,')tJlU~TY O~ INJURY '1'0 PEOPLE
, .
Landlord is responsible for all ~:lamage to property or injury
to people caused by lan410rd (or landlord's representatives)
intentional or negligent acts at the l~ased premises. . Tenant is
responsible for all daltlage to the lea's~':d preltlises and injury to
people caused by tenant, tenant's fam~ly or guests.
Tenant agrees t.hat landlord is not responsible to tenant,
tenant; s family or guests for damage 'O:l:- injury oaused by water,
snow or ice that comes on th~ leased premises unless landlord was
neg 1 igent. ~
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11. USE OJ' LEASED PREMISES
Tenant agrees to use the leased premi!\lo~s only as a residence.
Tenant agrees to obey all federal,.: 'Eitate"" and lO'cal laws and
regulations when using the leased premises. Tenant agrees not to
store any flammable, hazllJ;'dous f or toxic.: che,T!\.icals Or subst~nces in
or around the leased premlse$. . , 0, .
. Tenant agrees not to;dQ any.. activit'ies in or around the leaserd
premises which could harman.yone .or damage any property. ~I
Tenant agrees that tenant will not allow more than~
people to oC.cupy the leased premises ":i.tl1out,t~he writte,:\, permission
of landlord.
12. RULES AND REGULA'1'IONS
Tenant agrees to. obey all rules and regUlations for the leased
premises. If tenant violates ... any rult1!& or r~gulations for the
leased premises, ten&ntviol~te~ this l~ase. .
13. LANDLORD'S RIGHT TO MORTGJ\GE THE LEASED PREMISES
(SUBORDINATION)
Subordinate and subordination are legal terms ttlilt mean that
this lease does not have any effect upon the . rights of the
landlord's mortgage company. In other words, tenant's rights uhder
this lease are subordinate to landlor,,'s mortgage ',compaJ:1Y. If
landlord does not make the mortgage payments, the mortgage company
may have the right to end the landlord's ownership u! the leased
premises. If the mortgage company sells the leased premises at a
mortgage foreclosure sale, the, lease m~y end. .
Tenant. agrees that landlord has ,the right to mortgage the
leased premises. If landlord has a mortgage on the leased premises
now, or if landlord gets a mortgage in the future, tenant agrees
that this lease is subordinate to t,.H'~ J.a.nC'lord's mortgage.
H. CARE OF LEASED PREMISES
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Tenant is responsible for, ~nd ",t:ll take good care of, the
leased premises and all of the, pro.p'efty in and aro~(d'",t:he leased
premises. Tenant agrees to pay tor' a.ny damage caused' by tenant,
tenant's family and tenant's guests.:~en~nt agrees to turn over
possession of the leased premises to la~dlord when the lease ends.
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.15 . LANDLORD'S RIGHT '1'0 EN'l'ERLEABED 'PREMISES
Tenant agrees that landlord and ,landlord's representatives
have the right to enter the leased 'premises at reasonable times.
Landlord and landlord's representatives have the right to inspect,
to make repairs, to do maintenance, ar:d to show the leased premises
to others.
16. UTILITY SERVICES
Landlord and tenant agree to pay tO~ the charges for utilities
and services supplied to the leased pr~~ises as follows:
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Charge or Service:
Television Cable
Electric to Premises
Water Service
Natural Gas
Refuse collection
Lawn Maintenance
Snow and Leaf Removal
Water Softener Charges
Sewer Charges
Condominium Fee
Ho.meowner I s Association Fee
parking Fee
Pest control Charges
other:
Other:
Landlord has the right to turn off temporarily any utility or
other service to the leased premises in order to make repairs or do
maintenance.
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17 . GOVERNMENTAL POWER OF EMINEN'l' DOlt)1!N.
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Eminent domain is the legal name f~r the right of a government
such as the state or county or city t~ take private property for
public use. The government must pay'(~ir compensation to anyone
who has any right in the property that. 1'8 taken by th~. Clovernment.
If all or any part of the leasea premises (o~'the building
within which the leased. premises is located) is take~ by eminent
domain, this lease will end automatic~.lly. Landlord and tenant
agree to release each other from any responsibility because leased
premises is taken by eminent domain and the lease has ended.
18. VIOLA'l'IONS OF 'l'HIS LEASE
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WHEN EITHER LANDLORD OR TENANT DOES NOT DO SOMETHING THAT THEY
HAVE AGREED TO DO, IT IS A VIOLA'l'I01~ 'OJ' THIS LEASE. IF 'l'ENANT
VIOLA'l'ES THIS LEASE, TENANT MJlY LOSE '1'tNANT'S SECURl"WY15EPOSIT. IF
TENANT VIOLATES THIS LEASE, LANDLORD )..LSO CAN SUE TENANT I'OR OTHER
EXPENSES AND MAY SUE '1'0 EVIO'l' TENAN'l'.' ~ ' .
EACH TENANT SHOULD NOll' SIGN THIS LEASE UNLESS EACH TENANT RAS
READ AND CLEARLY UNDERSTANDS THE INFORMATION IN THIS SECTION ABOUT
LEASE VIOLATIONS.
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'l'HIS IS A JOINT AND SEVERAL LEASE
THIS IS NOT A JOIN'J.' AND SEVBRAL LEASB
IF THIS IS NOT A JOINT AND SEVERAL LEASB, 'l'HEN THE LANDLORD
CAN ONLY BUE ONE TENANT FOR 'l'HAT TENANT'S VIOLATION OJ' THE LEASE.
IF THIS IS A JOINT AND SEVERAL LEASE'.l'l' MEANS THAT ALL THE
. - -,..).
TENANTS AS A GROUP AND EACH or THE ~EUAN'l'S" AS AN INDIVIDUAL ARE
RESPONSIBLE TO LANDLORD FOR ALL OJ' TK,E AGREEMENTS 0"'1'1-:18 LEASE.
FOR EXAMPLE, IF THE. RENT IS NOT PAID', 'LANDLORD CAN SUE ALL OF THE
TENANTS (JOINTLY) FOR ANY UNPAID REN'l:'. OR, LAND'LORD CAN BRING A
SUIT AGAINST . ANY ONE 'l'ENANT SEPAM'l'Ei:,~ (SEVERALLY), rOR ALL OF THE
UNPAID RENT.
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TENANT VIOLATES THIS LEASE IF Tr.WANT:
1) FAILS '1'0 PAY RENT OR OTHER C~~GES '1'0 LANDLORD ON TIME
OR,
2) LEAVES (ABANDONS) THE LEASED PREMISES WITHOUT THE
LANDLORD'S PERMISSION DEPORE THE END pr THE LEASE OR,
3) DOES NOT LEAVE THE LEASED PRI1M):SES AT THE END OF THE LEASE
OR,
4) DOES NOT DO ALL OF THE THING,; ':.'HAT TENANT AGREED '1'0 DO IN
THIS LEASE.
Ii' TENANT VIOLATES THE LEASE , E~CH TENANT AGREES '1'~ ~AIVE
I
NOTICE TO QUIT. THIS MEANS THAT THE LAHDLORD KAY FILE A COMPLAINT
IN COURT ASKING FOR AN ORDER EVICTING', :EACH TENANT F!f,ON 'l'HE LEASED
PREMISES WITHOUT GIVING EACH TENANT NOTICE TO QUIT FIRST. LANDLORD
OOES NOT HAVE THE RIGHT TO THR9W TENANT OUT OF THE LEASED PREMISES
(SELF-HELP EVICTION). THE'LANDLORD CAN ONLY EVICT TENANT BY COURT
ACTION. .
THE LANDLORD DOES NOT HAVE 'l'HE R1GlIT SUE IN COURT FOR EVICTION
UNLESS A TENANT HAS VIOL1\TED THE AGR~EMENTS IN 'l'HIS LEASE. EVEN
THOUGH EACH TENANT IS WAIVING NOTICE TO QUIT, EACH 'l'ENANT WILL HAVE
A CHANCE IN COURT '1'0 CHALLENGE THE LANDLORD'S CLAIM lOR EVICTION.
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1) TO COLLECT,OVERDUE 'RENT, ~~~r CHARGES AND MONEY DAMAGES
CAUSED BY TENANT'S VIOLATION OJ' THE AGREEMENTS IN THE LEASE.
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2) 0'1'0 RECOVER POSSESS.IO~jO:rT.~Bi,EA8ED PREMISES (EVICTION).
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'3):';,.'1'0; COLLECT FOR',>:uNPA'ID'RIlEN'l'.t1NTIL THE END OF THE LEASE OR
ONT.ILANO'1'HER'PERSON'1'ARE8>'OSSESSIO~OFTJr.'S LEASED. PREMISES AS A
NEW '1'E~AN'1'. ... .... . . .... .... ............,...<, ." ........ '~ , .-' .
Tenant agrees thatlandforc1rt\ay reoeive r'easonable attorneys
fees as ..partof a oourtjud.9lI\~ritin,aflawsuit against tenant for
violation of ..theagreemet'lts 'C:if'the ~ease.
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Land.lord and tenant agree that the addi tionalJ::agreements
marked with a "yes" are part of this lease agreernent.<):.>
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YES-NO =
YES-NO 0:
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BY SIGNING THIS LEASE AGREEMEN~, EACH T~NANT AGREES Tiikr'T1JE TENANT
HAS READ' AND UNDERSTANDS ALL OF THE Ji~r.EEMEllTS IN 'THI$)1EASE.
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03/15/2005 15:43 7175329927 RHINEHART ELECT SVCS
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dHIBIT
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To: Fred and Leslie Tiedt
402 N. Earl St.
Shippensburg, PA 17257
From: Michael and Laura Rhinehart
PO Box 33
Shippensburg, PA 17257
January 4, 2006
This notice is to inform Fred and Leslie Tiedt, they have 10 days to vacate
the house located at 402 North Earl Street, Shippensburg, PA, and pay all
back rent and utilities in the amount of $4133.22.
Tenant
Land'Ord4~~-?~~
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EX....IBIT
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CUMBERLAND FRANKLIN JOINT
MUNICIPAL AUTHORITY
725 MUNICIPAL DRIVE
SHIPPENSBURG, PA, i7257
(717) 532-6949
...ccoum NO.
54,60
. .'
01478
PREVIOUS BAlANCE
10/1512005
AMT AFTER DUE DATE
27.30
SERVICE FROM
TO
0910112005
PREVlOUSREAOlNG
1000 GAllONS USED
FOR SERVICE AT:
402 N, Earl Street
All bills are due and payable upon receipt
A 5% penalty will be charged after the 15th.
Make checks payable to C.F .J.MA
PRESORTED
FIRST..cLASS MAIL
U.S. POSTAGE PAID
SHIPPENSBURG, PA
PERMIT NO.5
ACCOUNT NO.
. .
01478
PREVlOlJS BAlANCE
10/1512005
AMT AFTER DUE DATE
TO
27.30
SERVICE FROM
54,60
09101f2oo5
0913012005
MAIL TO
Michael Rhinehart
P.O. Box33
Shippensburg, PA 17257-0033
RETAIN THIS PORTION FOR YOUR RECORD
PLEASE RETURN THIS STUB WITH PAYMENT
CUMBERLAND FRANKLIN JOINT
MUNICIPAL AUTHORITY
725 MUNICIPAL DRIVE
SHIPPENSBURG, PA. 17257
(717) 532-6949
ACCOUNT NO,
01478
. t,
0911512005 .
PREVlOlJS BMANCE
0.00
27.30
AMT AFTER DUE DATE
SERVICE FROM
OM)112OO5
PREVIOUS READING
TO
1000 GAlLONS USED
FOR SERVICE AT:
402 N. E8I1 Street
All bills are due and payable upon receipt.
A 5% penaltywlll be charged after the 15th.
Make checks payable to C.F.J.MA
RETAIN THIS PORTION FOR YOUR RECORD
PRESORTED
FIRST ..cLASS MAIL
U,S. POSTAGE PAID
SHIPPENSBURG, PA
PERMIT NO.5
ACCOUNT NO.
01478
27.30
. .
0911512005
AMT AFTER DUE DATE
PREVIOUS BALMCE
0.00
SERVICE FROM
OM>> 1/2;00()
TO
08I31flOO5
MAIL TO
Mk:h8eI Rhlneh8n
P.O. Box 33
Shippensburg. rA 17257-0033
PLEASE RETURN THIS STUB WITH PAYMENT
EXHIBiT
t, D II
.
. :
CUMBERLAND FRANKLIN JOINT
MUNICIPAL AUTHORITY
725 MUNICIPAL DRIVE
SHIPPENSBURG, PA. 17257
(717) 532-6949
ACCOUNT NO.
. .'
01478
PREVIOUS BALANCE
01/1512006
AMT AFTER DUE DATE
, .
27,30
SERVICE FROM
53,30
54.60
12/3112005
TO
1210 1 12005
PREVIOUS READING
FOR SERVICE AT:
402 N, Earl Street
All bills are due and payable upon receipt
A 5% penalty will be charged afterthe 15th.
Make checks payable to C.F.J.MA
ACCOUNT NO.
01478
PREVIOUS BAlANCE
27,30
SERVICE FROM
53,30
PRESORTED
FIRST-CLASS MAIL
U.S. POSTAGE PAID
SHIPPENSBURG, PA
PERMIT NO.5
. '
01/1512006
AMT AFTER DUE DATE
54,60
TO
12/01 f2OO5
RETAIN THIS PORTION FOR YOUR RECORD
CUMBERLAND FRANKLIN JOINT
MUNICIPAL AUTHORITY
725 MUNICIPAL DRIVE
SHIPPENSBURG, PA. 17257
(717) 532-6949
ACCOUNT NO,
. .'
01478
PREVIOUS BALANCE
02l15f2006
MIT AfTER DUE DATE
TO
54.60
SERVICE FROM
81,90
J'vIAIL TO
Michael Rhinehart
P.O. Box 33
Shippansburg, PA 17257-0033
PLEASE RETURN THIS STUB WITH PAYMENT
ACCOUNT NO.
01478
PREVIOUS BAlANCE
PRESORTED
FIRST,CLASS MAIL
U.S. POSTAGE PAID
SHIPPENSBURG, PA
PERMIT NO.5
. .'
0211512006
AMT AFTER DUE DATE
81.90
TO
0113112006
01 10 1f2oo6
PREVIOUS READING
01131f2006
PRESENT READING 1000 GALLONS USED
FOR SERVICE AT:
402 N. Earl Street
All bill, are due and payable upon receipt
A 5% penalty will be charged after the 15th.
Make checks payable to C.F.J.MA
54.60
SERVICE FROM
0110112006
:\IAIL TO
Michael Rhinehart
P.O. Box 33
Shippensburg, PA 17257-0033
RETAIN THIS PORTION FOR YOUR RECORD
PLEASE RETURN THIS STUB WITH PAYMENT
. .
. - - ,
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BOROUGH OF SHIPPENSBURG
111 NORTH FAYETIE STREET, SHIPPENS8URG, PA 17257
(717) 532,2147
ACCOUNT NO: 21002::'00-0
WATERISEWER/REFUSE/RECYCLlNG BILL
10/01/05
BILLING DATE:
SERVICE LOCATION:
402 N. EARL ST.
DIRECT WITHDRAWAL ACCOUNTS WILL BE
DEBITED ON THE 25TH OF THE MONTH.
BILLING PERIOD:
07/0a/05 to 09/30/05
CURRENT READING:
PREVIOUS READING:
USAGE:
9'24
906
18
09/06/05
06/01/05
RHINEHART, MICHAEL
p, O. BOX 33
SHIPPENSBURG, PA 17257-0033
Water Prev Ba1:
0.00
Water
1.00 W11:
Excess:
37,06
52.86
(
This is your Quarterly Water, Sewer, and Recycling Refuse Statement. All bills are due and
payable upon receipt. Penally is added after the due date, Make all checks payable to the
Borough of Shippensburg. If mailing payment, include bottom portion of statement and
mail to: Borough of ShipPensburg, P.O. Box 129, Shippensburg, PA 17257, If receipt is
desired enclose both portions of statement. No receipt is mailed unless a stamped, self.
addressed envelope is fumished. If paying in person, please bring bill to Shippensburg
Borough Office, 111 N, Fayette St., Shippensburg, PA, Weekdays, 8 a,m, to 5 p,m, Closed
Saturdays, Sundays and Holidays,
All rates are on file in the office and available for review, Additional information on back,
1:1t/900 /'
c? /1-rrOj
AUTOMATIC BILL PAYMENT /S NOW AVA/LABLE
KEEP THIS STUB FOR YOUR RECORDS
PENALTY:
TOTAL DUE:
~~'\
~
... PLEASE DETA,CHAND RETURN BOTTOM PORTION WITH YOUR PAYMENT ...
@ MGL FORMS-SYSTEMS
Sl44-01 a
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BOROUGH OF SHIPPENSBURG
111 NORTH FAYETIE STREET, SHIPPENSBURG, PiX 17257
(717) 532,2147
ACCOUNT NO:
IUU' .u
402 N. EARL ST.
SERVICE LOCATION:
10/01/05 to 12/31/05
BILLING PERIOD:
CURRENT READING:
PREVIOUS READING:
USAGE:
938
924
14
12/01/05
09/06/05
RHINEHART, MICHAEL
P. O. BOX 33
SHIPPENSBURG, PA 17257-0033
This is your Quarterly Water, Sewer, and Recycling Refuse Statement. All bil!s are due and
payable upon receipt. Penally is added after the due date, Make all checks payable to the
Borough of Shippensburg, If mailing payment, include bottom portion of statement and
mail to: Borough of Shippensburg, P.O. Box 129, Shlppensburg, PA 17257. If receipt is
desired enclose both portions of statement. No receipt is mailed unless a stamped, self,
addressed envelope is fumished, If paying in person, please bring bill to Shippensburg
Borough Office, 111 N, Fayette St., Shippensburg, PA, Weekdays, B a.m, to 5 p,m. Closed
Saturdays, Sundays and Holidays,
All rates are on file in the office and available for review. Additional information on back,
AUTOMATIC BILL PAYMENT IS NOW AVAILABLE
KEEP THIS STUB FOR YOUR RECORDS
@ MGL FORMS-SYSTEMS
Sl44-01 Q
... PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT ... '
-----------~ -----------, ---------~-,
I I I I
1___________11___________11___________,
WATERISEWER/REFUSE/RECYCLlNG BILL
01/01/06
BILLING DATE:
DIRECT WITHDRAWAL ACCOUNTS WILL BE
DEBITED ON THE 25TH OF THE MONTH.
Water Prev Ba1:
1.12
Water
1.00 W11:
Excess:
37,06
35,58
PENALTY:
TOTAL DUE:
0.01
73.77
BOROUGH OF SHIPPENSBURG
PLEASE WRITE ACCOUNT NO. ON YOUR CHECK
MAKE CHECK PAYABLE TO: BOROUGH OF SHIPPENSBURG
MAIL PAYMENT TO: BOROUGH OF SHIPPENSBURG
P.O. BOX 129
SHIPPENSBURG, PA 17257
RHINEHART, MICHAEL
p, O. BOX 33
SHIPPENSBURG, PA 17257-0033
01/31/06 2005
DUE DATE: YEAR: PRO:
73.76
AMOUNT DUE:
0,01
PENALTY:
73,77
TOTAL DUE:
ACCOUNT NO: 21002500-0
402 N, EARL ST.
SERVICE LOC:
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03/1~/2005' 15:47 7175329927
RHINE.HART ~LECT__SVCS
PAGE 02
.
March 1 S, 2006
To Fred and Leslie Tiedt
1822 Sterrets Gap Avenue
Carlisle, P A 17013
From Mike Rhinehart
PO Box 33
Shippensburg. P A 17257
Due to unpaid rent and utilities, cleaning charges and damages your security deposit will not be
refunded.
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VERIFICA liON.
I verify that the statements made in the foregoing Complaint are true and correct.
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. ~904 relating to unsworn falsification to authorities.
.3 -ZO-o&')
a/~~~~~-,)
Michael R. Rhinehart
Date
.
.
.
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MICHAEL R. RHINEHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-1189 CIVIL TERM
FRED TIEDT and LESLIE TIEDT,
Defendants
CERTIFICATE OF SERVICE
I, James M. Robinson, Esquire hereby certify that I served a true and correct
copy of the Complaint, by depositing same in the United States Mail, first class, postage
pre-paid on the 215t day of March, 2006, from Carlisle, Pennsylvania, addressed as
follows:
Geoffrey M. Biringer, Esquire
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
TURO LAW OFFICES
.~
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Plaintiff
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fre.J -rle~~ ..~ L.-e~Le 1\~J-\-
.
Defendant
In The Court of Common Pleas of Cumberland "
County, Pennsylvania No. 0(; - \ \ 89
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution oftbis Commonwealth and that we will discharge the duties of our office
with fidelity.
~~. M~~
Signature
N,c~\ Sb~~
Name (Chairman)
~'~~~!> l rtov.~tLJSl.1\J
Law Firm Y
.;L \0'1. kOfU ~l'
Address
~~
LtShe, ~/Xl ()
~l$ ""a \-.. '\.\ \\J\ 1t\.l\1.... s\\~
Signature
Name
-{.\ 1\.",,11. \--. ---t\Q ~l\." - ~~U~"!(
Name \
fu-ml:gfll" 8- WW~
Law Firm
IS's- S. IhvJU{tr 1'r. '
Address
b. (; H ~~ "* ~ S....C'I( ; n.-1-C> ~
Law Firm
d.~""C:.'l ~ ;--1..\1\"- ~~.. s-\ .
Address
~ l~.\\ . ,-,Ol!
City, Zip
C!tiv-/ IS lt /7fj I :r.
City, Zip
..u- Ja~ I\U 'If 1~75
1't 0\1 Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
foll.owing award: (Note: If damages for d~la'y ;;re awarded'l they sh~ be separately stated.)
~. I'" c~v~1' 0 -, p lo. .J\\' t~, 6"'r>. Q II C6V"" t's ' J. '
~"'..,.. Qo.\-M.}' , P o-~'^ ,', r <:'\ w c.Q... o"6v
ll.HI i,~ " () 1":2..
City, Zip
*"1!5t
Date of Hearing: \ 0 ( l e{ 0 ~
Date of Award: 16 /1 b 10 C:.
(Chairman)
~ l). ,,~ l\ h. ~. \ T\ I('o.n.f\.. - ~N\ \ ~
Notice of Entry of Award
Now, the IB+"- day of Oeftber , 20 DIA , at 11: 1"1 , 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: $
JqD.OD TRUE COPY FROM RECORD
talilll -IUIIJ ~ ! here unto set My.....
and .. ... of sak _ ~ at Carlisle, PI.
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MICHAEL R. RHINEHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-1189 CIVIL TERM
FRED TIEDT and LESLIE TIEDT,
Defendants
CERTIFICATE OF SERVICE
I, James M. Robinson, Esquire hereby certify that I served a true and correct
copy of the Petition Nunc Pro Tunc to Mold Award of Board of Arbitrators Pursuant to
Pa.R.C.P. No. 1307, by depositing same in the United States Mail, first class, postage
pre-paid on the 30th day of November, 2006, from Carlisle, Pennsylvania, addressed as
follows:
Geoffrey M. Biringer, Esquire
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
TURO LAW OFFICES
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MICHAEL R. RHINEHART,
PLAINTIFF
I
IN THE CO RT OF COMMON PLEAS OF
CUMBER NO COUNTY, PENNSYLVANIA
V.
I
I
06-1189 CI~IL TERM
i
I
ORDER OF COURT I
" "" day of Decemlber, 2006, a Rule is entered
I
against defendants to show cause why the relief reqUe~ted in the within petition should
I
not be granted. Rule returnable twenty (20) days after ,ervice.
I
BY(t;
FRED TIEDT AND LESLIE TIEDT,
DEFENDANTS
~
AND NOW, this
, J.
James M. Robinson, Esquire
For Plaintiff
i
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>IJ-9-iXc *~
---..
Geoffrey M. Biringer, Esquire
For Defendants
:sal
F-ILr'o- --'-'-,n,-
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OF Thl,... o-'^T' :"., 'OTAnl.!
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2006DEC -It PN 3: II
~_tt....
.,
MICHAEL R. RHINEHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-1189 CIVIL TERM
FRED TIEDT and LESLIE TIEDT,
Defendants
MOTION TO MAKE RULE ABSOLUTE
1. On November 30, 2006, Plaintiff, Michael R. Rhinehart, filed a Petition
Nunc Pro Tunc to Mold Award of Board of Arbitrators Pursuant to Pa. R. C. P. No. 1307
with the Court.
2. Plaintiff prayed that the Court would mold the award of the Board of
Arbitrators issued October 16,2006 to read, "Judgment in favor of Plaintiff and against
Defendants on all counts, specifically (1) recovery of rent in the amount of $5,036.00,
(2) recovery of utility payments in the amount of $327.49, and (3) recovery of costs to
repair damages in the amount of $860.00. Judgment in favor of Plaintiff and against
Defendants on Defendants' counterclaims. Plaintiff awarded $1,000.00 in attorney's
fees, for a total award of $7,223.49."
3. On December 4, 2006, in response to Plaintiffs petition and by Order of
Court, a Rule was entered against Defendants to show cause why Plaintiffs requested
relief should not be granted, such rule returnable within twenty (20) days. See Exhibit
"A" attached hereto
4. The twenty (20) days have now elapsed and Defendants did not respond
to the Order of Court.
WHEREFORE, Plaintiff respectfully prays that the Court will, in the interest of
justice, mold this award to include $5,036.00 for rent and late charges, $327.49 for
reimbursement of utility bills, $860.00 for recovery of damages, and $1,000.00 for
attorney's fees as awarded by the Board of Arbitrators, for a total of $7,223.49 and that
the Court will order the Prothonotary of Cumberland County to enter the award in the
judgment index in the amount of $7,223.49.
Respectfully Submitted
TURO LAW OFFICES
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Date
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MICHAEL R. RHINEHART,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
FRED TIEDT AND LESLIE TIEDT,
DEFENDANTS
06-1189 CIVIL TERM
ORDER OF COURT
AND NOW, this
l1 ~,
day of December, 2006, a Rule is entered
against defendants to show cause why the relief requested in the within petition should
not be granted, Rule returnable twenty (20) days after service,
By the Cqurt-,-- /
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Edgar B, Bayley, J,
.-------.
James M. Robinson, Esquire
For Plaintiff
Geoffrey M. Biringer, Esquire
F or Defendants
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EXHIBIT
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A
MICHAEL R. RHINEHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-1189 CIVIL TERM
FRED TIEDT and LESLIE TIEDT,
Defendants
CERTIFICATE OF SERVICE
I, James M. Robinson, Esquire hereby certify that I served a true and correct
copy of the Motion to Make Rule Absolute, by depositing same in the United States
Mail, first class, postage pre-paid on the 28th day of December, 2006, from Carlisle,
Pennsylvania, addressed as follows:
Geoffrey M. Biringer, Esquire
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
TURO LAW OFFICES
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2 South Pit Street
Carlisle, PA 7013
(717) 245-9688; FAX 717.245.2165
Attorney for the Plaintiff
11
MICHAEL R. RHINEHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-1189 CIVIL TERM
FRED TIEDT and LESLIE TIEDT,
Defendants
ORDER OF COURT
AND NOW, this -::iC\ day o~_, 2006, in consideration of the
foregoing Petition, the Court orders the following:
1. The award of the Board of Arbitrators filed on October 16, 2006 in the instant
action shall be modified to read, "Judgment in favor of Plaintiff and against Defendants on all
counts, specifically (1) recovery of rent in the amount of $5,036.00, (2) recovery of utility
payments in the amount of $327.49, and (3) recovery of costs to repair damages in the amount
of $860.00. Judgment in favor of Plaintiff and against Defendants on Defendants'
counterclaims. Plaintiff awarded $1,000.00 in attorney's fees, for a total award of $7,223.49.
2. The Prothonotary shall enter judgment in the amount of $7.223.49.
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