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Home My WebLink About06-3029 , STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS RICK L. KEESEMAN and PENNY D. KEESEMAN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 2006-.3D2 q_ CIVIL TERM v. : LANDLORD TENANT DEAN A. WEAVER and KELLY L. WEAVER, : CIVIL ACTION - LAW Defendants NOTICE TO DEFEND 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 selVed, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint odor 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 32 South Bedford Street Carlisle, PA 17013 717-249-3166 . . STACY B. WOLF, ESQillRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS RICK L. KEESEMAN and PENNY D. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs ; NO. 2006- 30.2-'1 CIVIL TERM v. : LANDLORD TENANT DEAN A. WEAVER and KELLY L. WEAVER, : CIVIL ACTION - LAW Defendants COMPLAINT NOW, come the plaintiffs, Rick 1. and Penny D. Keeseman, by their attorney, Stacy B. Wolf, Esquire, and present the following Complaint, representing as follows: 1. The plaintiffs are Rick 1. and Penny D. Keeseman (hereinafter referred to as "Plaintiffs"), adult individuals residing at 160 Frystown Road, Myerstown, Pennsylvania 17067. 2. The defendants are Dean A and Kelly 1. Weaver (hereinafter referred to as "Defendants"), adult individuals residing at 36 Burket Road, Shippensburg, Pennsylvania 17257. 3. On April 23, 2002, Defendants entered into a residential lease agreement to rent a residence (hereinafter referred to as "the rented property") from Plaintiffs at 140 B Oouse Road, Shippensburg, Gnnberland County, Pennsylvania 17257. A true and correct copy of said lease is attached hereto as Exlnbit "A" 4. Inter alia, according to the tenns of the lease, Defendants, their family and guests were to "[k]eep the Property clean and safe" and were not to "[ w]illfulIy destroy or deface any part of the Property." mi > 5. Additionally, pursuant to the lease, Defendants were to pay rent in the amO\Ult of $675.00 per month due on or before the first day of each month and a $25.00 late charge if rent was paid more than five days late. 6. On or about March 25, 2006, Defendants vacated the rented property. 7. Upon Defendants vacating the rented property, Plaintiffs inspected the premises and discovered that Defendants had caused extensive damage to the rented property including the following: a. damage to the hardwood floors in the bedroom and hallway, b. damage to the front door requiring replacement; c. damage to drywa11 requiring repair, paint priming and painting; d. damage to other wal1s requiring paint priming and painting; e. damage to window panes requiring repair; f. damage to window trim throughout the rented property requiring repair; g. damage to kitchen cabinets requiring repair to acceptable standards; h. damage to kitchen vinyl flooring requiring replacement; L damage to living room carpet padding and carpeting requiring replacement; and J. extensive cleaning required of the kitchen stove and appliances. 8. The damages to the rented propertywill require the rented property to \Uldergo extensive restoration and repair in an amo\Ult estimated to be $9,000.00 to restore the rented property to rentable condition. 9. Plaintiffs have incurred costs in the amO\Ult of $343.00 associated with the rental of a dumpster to remove extensive trash left behind by Defendants when they vacated the premises. 10. Defendants have failed to pay rentfor the months of February and March, 2006, totaling $1,350.00 plus $50.00 in late charges. 11. Defendants' actions have rendered the rented property unsuitable for habitation or rental and thus, Plaintiffs have sustained loss in rental income for the rented property due to the necessity of repairs and restoration to restore the rented property to rentable condition. > 12. Plaintiffs have retained Defendant's security deposit in the amount of $675.00 in accordance with the lease but such security deposit is insufficient to cover all the damages to the rented property. WHEREFORE, Plaintiffs pray this Honorable Coun enter judgment against Defendants and for Plaintiffs in an amount in excess of $11,000.00 for damages, plus costs of 1itigation, attorney's fees and any other relief that the Coun deems just and appropriate. COUNT I - BREACH OF CONTRACT Rick L. and Penny D. Keeseman v. Dean A. and Kelly L. Weaver 13. Plaintiffs incorporate by reference paragraphs 1 through 12 as if set forth in full herein. 14. Defendants' breach of the lease to "[k]eep the Property clean and safe" and not to "[w]ilHully destroy or deface any part of the Property" has caused the damages suffered by Plaintiffs. 15. Defendants' breach of the lease to pay rent for the months of February and Man:h, 2006 has caused the damages suffered by Plaintiffs. WHEREFORE, Plaintiffs pray this Honorable Coun enter judgment against Defendants and for Plaintiffs in an amount in excess of $11,000.00 for damages, plus costs of litigation, attorney's fees and any other relief that the Coun deems appropriate and just. COUNT II - VIOLATION OF LANDLORD AND TENANT ACT Rick L. and Penny D. Keeseman v. Dean A. and Kelly L. Weaver 16. Plaintiffs incorporate by reference paragraphs 1 through 15 as if set forth in full herein. 17. Defendants wilfully or wantonly destroyed, defaced, damaged and impaired the rented property in violation of Section 250.503-A(1) of the Landlord and Tenant Act of 1951. 18. Defendants' actions rendered the rented property unsuitable for habitation or rental . > 19. Defendants, by their actions, were in clear violation of their duties under the Landlord and Tenant Act and as such are liable for the losses incurred by Plaintiffs due to the damages to the rented property caused by Defendants. WHEREFORE, Plaintiffs pray this Honorable Court find that Defendants violated the Landlord and Tenant Act of 1951, and award damages to Plaintiffs in an amount in excess of $11,000.00, plus costs of litigation, attorney's fees and any other relief that the Court deems appropriate and just. Respectfully Submitted, May 6,2006 WOLF & WOLF By. sJt.~isQ~1 Attorney for Plaintiffs WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court LD. No. 88732 , . VERIFICATION We, the lUldersigned, hereby verify that we are the plaintiffs in the above-referenced action and that the facts stated in the above complaint are true and correct to the best of our knowledge, information and belief. We lUlderstand that false statements herein are made subject to the penalties of 18 Pa. CS. ~4904, relating to unsworn falsification to authorities. ~,2006 -I&;I-/,~/~ ~L. KEESEMAN ~/?1"'~ fJ 7(,JAJ'VY1 ~ PENNY D. ESEMAN o ~ -(."\ i~'':~ fT\; '~ --/ .- \) ~~;~ .~ G\~ _ ~O~ ~. ~ <:>Ci~ -t:... ~ D~ Ii. ~~'B N ~".'7 <...f\ ::::;)C\ l'-c:: '~r; :,~',J '".,.C) ~'~,,)rn '::::'-"- .'" ~ ~ = if' :JI: :r~: -~ ~J;:.' i~:'-_':~ ':'1 ,,'-~ 7' -0 :3: - ., W N ~. l STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (117) 241-4436 ATTORNEY FOR PLAINTIFFS RICK L. KEESEMAN and PENNY D. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 2006- 3029 CIVIL TERM v. : LANDLORD TENANT DEAN A. WEAVER and KELLY L. WEAVER, : CIVIL ACTION - LAW Defendants To: Dean A. Weaver and Kelly L. Weaver 36 Burket Road Shippensburg, PA 17257 Date of Notice: July 3,2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN APPEARANCE PERSONAlLY OR BY AlTORNEY AND FILE IN WRITING WIlH TIiE COURT YOUR DEFENSES OR OBJECTIONS TO TIiE a..AIMS SET FORlH AGAINST YOu. UNLESS YOU ACT WITI-llN TEN DAYS FROM TIiE DATE OF lHIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOUWIlHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIiER IMPORTANT RlGHfS. YOU SHOUlD TAKE lHIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE TIiE OFFICE SET FORlH BELOW. lHIS OFFICE CAN PROVIDE YOUWIlHINFORMATION ABOUTI-llRING A LAWYER . IF YOU CANNOT AFFORD TO HIRE A LAWYER, TInS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENOES lHAT MAY OFFER LEGAL SERVICES TO EUGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 .---, July ~, 2006 WOLF & WOLF Br- ~1j{!i,1JfI Attorney for Plaintiffs 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 " STACYB. WOLF,ESQUIRE ATTORNEY ill NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARliSLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS RICK L. KEESEMAN and PENNY D, KEESEMAN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 2006- 3029 CIVIL TERM v. : LANDLORD TENANT DEAN A. WEAVER and KELLY L. WEAVER, : CIVIL ACTION -LAW Defendants CERTIFICATE OF SERVICE I, Stacy B, Wolf, Esquire, hereby certify that I have selVed a true and correct copy of the foregoing document upon the following and in the matter indicated: SERVICE BY FIRST CLASS MAIL: Dean A. Weaver and Kelly L. Weaver 36 Burket Road Shippensburg, PA 17257 July 3,2006 WOLF & WOLF By. s~~~~ Attorney for Plaintiffs 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Coutt I.D. No. 88732 (") , c ,--:)'. " r~~ ~::>'J c.:-J' ,;{\ .~ (\\ \ 0-' -:,:,.. cS' d' c) ~ ~ RICK L. KEESEMAN,and PENNY D. KEESEMAN Plaintiffs : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA vs. : CIVIL ACTION- LAW DEAN A. WEA VER,and KELLY L. WEAVER DefendantS : NO.: 2006-3029 CIVIL TERM : LANDLORD TENANT PRELIMINARY OBJECTIONS Come now, the Defendants Dean Weaver and Kelly Weaver, by and through their counsel, Sally J. Winder, Esquire, and do file the following Preliminary Objections to Plaintiff's Complaint: I. Plaintiff's Complaint refers to a lease in paragraph 3, attached as Exhibit "A". However, no exhibits are attached to the Complaint. Therefore, an essential writing which is purported to be the graveman of the Complaint is not attached as required under the Pennsylvania Rules of Civil Procedure, Rule 1019. 2. Plaintiff's Complaint fails to set forth the specific damages claimed and therefore Defendant is not able to plead to the claims; therefore Defendant objects to the lack of specificity of the pleadings in accordance with Pennsylvania Rule of Civil Procedure Rule 1028. 3. Plaintiff's Complaint Count I Breach of Contract fails to state a cause of action upon which relief may be granted in that it fails to properly state a legal basis for the claim or set forth the specific damages claimed and therefore Plaintiff's claims should be dismissed by the Court in accordance with the Pennsylvania Rules of Civil Procedure. .,. . -'. 4. Plaintiff's Complaint Count II Violation of Landlord and Tenant Act fails to state a cause of action as all claims of willful or wanton activity and specific intent require specific pleadings as to those elements claimed. 5. Plaintiff's Complaint Count II Violation of Landlord Tenant Act fails to state a cause of action upon which relief may be granted in that the Complaint fails set forth any actions of Defendants which are in violation of the Landlord Tenant Act. WHEREFORE, Defendants pray this Honorable Court find in favor of Defendants and against Plaintiffs dismissing the Complaint for failure to state a cause of action upon which relief may be granted. Respectfully submitted, July 12, 2006 S y J. Win r, Esquire Attorney for Defendants 9974 Molly Pitcher Highway Shippensburg, P A 17257 717532- 9476 Supreme Ct ill 24705 n c:' 1':J ""., . "" STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF" WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND coUNtY, PENNSYLVANIA RlCKL. KEESEMAN and PENNY D. KEESEMAN, Plaintiffs :NO. 2006-3029 CIVIL TERM v. :LANDLORD TENANT DEAN A. WEAVER and KELLY L. WEAVER, :CIVILACfION - LAW Defendants NOTICE TO DEEENn You have been sued in coun. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the coun 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 coun without funher notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 STACY B. WOLF, ESQUIRE ATIORNEY ill NO. 88732 WOLF & WOLF III WEST HIGH STREET CARLISLE, PA 17013 (117) 241-4436 ATIORNEY FOR PLAINTIFFS RICK L. KEESEMAN and PENNY D. KEESEMAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 2006-3029 CIVIL TERM v. : LANDLORD TENANT DEAN A. WEAVER and KELLY L. WEAVER, : CIVIL ACTION - LAW Defendants AMENDED COMPLAINI NOW, come the plaintiffs, Rick 1. and Penny D. Keeseman, by their attomey, Stacy B. Wolf, Esquire, and present the following Q)lnplaint, representing as follows: 1. The plaintiffs are Rick 1. and Penny D. Keeseman (hereinafter referred to as "Plaintiffs"), adult individuals residing at 160 Frystown Road, Myerstown, Pennsylvania 17067. 2. The defendants are Dean A and Kelly 1. Weaver (hereinafter referred to as "Defendants"), adult individuals residing at 36 Bmket Road, Shippensburg, Pennsylvania 17257. 3. On April 23, 2002, Defendants entered into a residential lease agreement to rent a residence (hereinafter referred to as "the rented property") from Plaintiffs at 140 B Couse Road, Shippensburg, Olmberland County, Pennsylvania 17257. A true and correct copy of said lease is attached hereto as Exhibit" A." 4. Inter alia, according to the terms of the lease, Defendants, their family and guests were to "[k]eep the Property clean and safe" and were not to "[w]illfully destroy or deface anypart of the Property." 5. Additionally, pursuant to the lease, Defendants were to pay rent in the amount of $675.00 per month due on or before the first day of each month and a $25.00 late charge if rent was paid more than five days late. 6. On or about March 25, 2006, Defendants vacated the rented propetty. 7. Upon Defendants vacating the rented propetty, Plaintiffs inspected the premises and discovered that Defendants had caused extensive damage to the rented propetty including the following: a. damage to the hardwood floors in the bedroom and hallway estimated to cost $1,200.00 to repair; b. damage to the front door requiring replacement estimated to cost $500.00; c. damage to drywall requiring repair, paint priming and painting; d. damage to other walls requiring paint priming and painting; e. damage to window panes requiring repair; (paragraphs c - e estimated to cost $4,000.00 to repair) f. damage to window trim throughout the rented propetty requiring repair; g. damage to kitchen cabinets requiring repair to acceptable standards; h. extensive cleaning required of the kitchen stove and appliances; (paragraphs f - h estimated to cost $1,200.00 to repair) 1. damage to kitchen vinyl flooring requiring replacement estimated to cost $1,000.00; and J. damage to living room carpet padding and carpeting requiring replacement estimated to cost $1,000.00. A true and correct copy of the estimate to repair the premises is attached hereto as Exhibit "B.. 8. The damages to the rented propettywill require the rented propettyto undergo extensive restoration and repair in an amount estimated to be $9,000.00 to restore the rented propettyto rentable condition. 9. Plaintiffs have incurred costs in the amount of $343.00 associated with the rental of a dumpster to remove extensive trash left behind by Defendants when they vacated the premises. 10. Defendants have failed to pay rent for the months of February and Man:h, 2006, totaling $1,350.00 plus $50.00 in late c~es. 11. Defendants' actions have rendered the rented property unsuitable for habitation or rental and thus, Plaintiffs have sustained loss in rental income for the rented property due to the necessity of repairs and restoration to restore the rented property to rentable condition. 12. Plaintiffs have retained Defendant's security-deposit in the amount of $675.00 in accordance with the lease but such security deposit is insufficient to cover all the damages to the rented property. WHEREFORE, Plaintiffs pray this Honorable Coun enter judgment against Defendants and for Plaintiffs in an amount not less than $10,743.00 for damages, plus costs of litigation, attorney's fees and any other relief that the Coun deems just and appropriate. COUNT I - BREACH OF CONTRACT Rick L. and Penny D. Keeseman v. Dean A. and Kelly L. Weaver 13. Plaintiffs incOlporate by reference paragraphs 1 through 12 as if set forth in full herein. 14. Defendants' failure to abide by the lease conditions of "[k]eep(ing] the Property clean and safe" and not "[w]illfully destro){ing] or defac[ing] any part of the Property" constitutes a breach of the parties' lease agreement. 15. Defendants' breach of their lease agreement in not "[k]eep[ing] the Property clean and safe" and in not "[ w]illfully destrO){ing] or defac[ing] anypart of the Property" has caused the damages suffered by Plaintiffs. 16. Defendants' failure to pay rent for the months of February and Man:h, 2006 constitutes a breach of the parties' lease agreement. 17. Defendants' breach of their lease agreement in not paying rent for the months of February and March, 2006 has caused the damages suffered by Plaintiffs. WHEREFORE, Plaintiffs pray this Honorable Court enter judgment against Defendants and for Plaintiffs in an amount not less than $10,743.00 for damages, plus costs of litigation, attorney's fees and any other relief that the Court deems appropriate and just. COUNt II - VIOLATION OF LANDLORD AND TENANT ACT Rick L. and Pel1IlY D. Keeseman v. Dean A. and Kelly L. Weaver 18. Plaintiffs incorporate by reference paragraphs 1 through 17 as if set forth in full herein. 19. Defendants wilfully or wantonly destroyed, defaced, damaged and impaired the rented property in violation of Section 250.503-A(1) of the Landlord and Tenant Act of 1951 in that Defendants: a. damaged the hardwood floors in the bedroom and hallway; b. damaged the front door requiring replacement; c. damaged drywall requiring repair, paint priming and painting; d. damaged other wa1ls requiring paint priming and painting; e. damaged window panes requiring repair; f. damaged window trim throughout the rented property requiring repair; g. damaged kitchen cabinets requiring repair to acceptable standards; h. left the kitchen stove and appliances in such a state as to require extensive cleaning; L damaged kitchen vinyl flooring requiring replacement; and J. damaged living room carpet padding and carpeting requiring replacement. 20. Defendants' actions rendered the rented property unsuitable for habitation or rental. 21. Defendants, by their actions, were in clear violation of their duties under the Landlord and Tenant Act and as such are liable for the losses incurred by Plaintiffs due to the damages to the rented property caused by Defendants. WHEREFORE, Plaintiffs pray this Honorable Coun find that Defendants violated the Landlord and Tenant Act of 1951, and award damages to Plaintiffs in an amount not less than $10,743.00, plus costs of litigation, attorney's fees and any other relief that the Coun deems appropriate and just. Respectfully Submitted, August L, 2006 By: WOLF & WOLF ~~n.G 1f/- STACY B. W F, ESQUIRE Attorney for Plaintiffs WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court LD. No. 88732 1 , , . 5 . 1 . . 10 11 " 13 14 15 " 11 16 10 " " n " ~4 " " " 26 " " 31 " " " " RESIDENTIAL LEASE This form recommended and approved far. but oot reRtrn:\ed U'l U'R by, me lT1<'mhcnl of !be Pennsylvania ASlIociation of REALTORS. (PAR). PA LICENSED BROKER L.I$TING BROKElqCompany) (~" r. \. V l", __ _\"\'.(,"<,:r ") ADDRESS II, k" c-..1,; ':.1. . ..\ --':. ""_ PH \...,~~ f"J' l, I' FAX c."--b\~.J ...-~-.f1 DESIGNATED AGENT FOR LANDLORD (if applicable) PA LICENSED BROKER LEASIN""BROKER (Company) ~Ck"--.J<: ADDRESS PH FAX DESIGNATED AGENT FOR TENANT (if applicable) LR 1 , , 5 . 7 . . 10 11 " " 14 15 15 <XJ 11 l'X:;, 111 " " " " " " " " " 26 " " " " " 34 " " " " " " 41 " 43 .. " .. " 48 " " 51 52 53 5A " " 57 58 " '" 61 " "' Due ,N' \....'\" I" Total rent and security deposit received to date Total amount due before Tenant moves in 7. USE OF PROPERTY f) I'. A, Tenant will use Property as a residence or r.u:::., ~"'-" I.!... S. Not more than ~ ' people will live on property. 8. UTILITIES AND SERVICE \A. Landlord will pay for o Cold water ...tt DOas D 'f}t'\' Electricity 0 o Heater maintenance contract 0 Tenant will pay for o Cold water ....e:I' Hot water ~ Trash removal o Gas ....-er Heat ....-EJ Lawn and shrubbery care ......Er Electricity [] Snow removal 0 Water costs over yearly charge o Heater mai.ntenance contract 0 Sewage costs and maintenance 0 Other 9. SPECIAL INSTRUCTIONS The Office of Attorney General has not pre-approved any special conditions or additional tenns 'added by any parties, Any special conditions or additional terms must comply with the Pennsylvania Plain Language Consumer Conlract Act '" 10. CONDITION OF PROPERTY 51 Tenant understands that Lan~lord will make no repairs\ additions, r changes to the property except as follows: 52 ,\ \..l. - '..' " 11. IFPROPERTYWASBILT EFOREI918 Lead Hazards Disclosure Requirements The Residential Lead-Based Paint Hazard Reduction Acl says that any Landlord of property built before 1978 must give the Tenant an EPA pamphlet titled Protect Your Family FlUlII Lead ill J(mr Home. The Lalldlord also must tell the Tenant and the Broker for Landlord what the Landlord knows about lead-based paint and lead-based paint hazards that are in or on the property being rented. Landlord must tell the Tenomt how the Landlord knows that lead-based paint and lead~based paint hazards are on the property, where the lead-based pait\t and lead.based paint hazards are, and the condition of the painted surfaces. Any Landlord of a pre-1978 structure must also give the Tenant any records and reports that the Landlord has or can get about lead-based paint or lead-based paint hazal'ds in or around the property bei.ng rented, the common areas, or other dwellings in multi-family housing. It is also required that the EPA pamphlet be given to tenants before the landlord starts any major renovations on a pre-1978 structure. The Act does not apply 10 housing built in 1978 or later. Lead Warning Statement Housing built before 1978 may contain lead-based p:.lint. Lead from paint, paint chips, and dust ll4 can pose health hazards if nor taken care of properly. Lead exposure is especiaIly nam1ful to young children and pregnant 6S ~!l TenantInitials~"'I. . (J;) /.) Pagelof4 Landlordlnitials:'i," 116 m p.np.ylv.ril~' Association or cornUGlIT PENl'lS\'IXANl^ A.&"l~bAl'lON OF RHLTORSe 1996 1..13 REALTORS'!! 6IOCl .",," -----'.- E)G r\ \ e II A " 37 " " " 41 42 ., B. :ir " 17 .. .. " " " 51 511 " " " Ilot ., I. ~ \ Tbj~ LEASE, 1at~ J\ ,". ,.' V J or ,." r \1_ '\ r. ,.\. D ,r'!' \C /._'" .-V',",-,' PROPERTY Lan tprd agrees to rent to Tenant the following Property: ') 'let"" '\, )~ 7' \.( .\\ \ l -:2.\--'i"\~ ~ 1_,^"-, St;..'\f"-..f , is between calkd "Tenant," and called "ll.andlord." 2. \-." '(2) <::1 . . 'd~ I ( )40 'f'. " r ..""'<:':..., 3. STARTING AND ENDING DATES OF LEASE (also called "rerm") A. Starting Date: This Lease starts o. n "'""\ ,.~ , t" \ ~. ,..,~ J..... B. Ending Date: This Lease ends on :=1\1\1;,..._ . 31 J. ~ ~ RENEWAL TERM This Lease will automatically renew for a term of . \ '1"'(" r, \.r at the Ending Date unless: A. Tenant gives Landlord ~ days' written notice befo Ending Date or before the end of any Renewal Term, OR B. Landlord gives Tenant...3Ci- days' written notice before Ending Date or before the end of any Renewal Term. C, For Month-to-Month Leases Only: Either Landlord or Tenant may end a month~to-month Lease by giving 30 days' written notice on Of before the day the next rent is due. RENT A. The total amount of rent due over the term of this Lease is B. The total rent due each month is C. Rent is due on or before the D, Tenant pays a late charge of if rent is more than E. Tenant makes payment to: Address v1~', '. ;",\t\.", BEFORE MOVING iN, TENANT PAYS A, Part of a month's rent if Tenant takes possession before first regular due date B. First month's rent C. Other: D. Security Deposit, on deposit at ' l~,\ , at 12 Noon. , at 12 Noon. 4. 5. $ );'1('(, $ L7<.:.." \~ day of the month. 7 'S.tV') $ ') days late. ~- \,...... '" -, 'i \ 0 .,. 6. Paid $ $ $ (~ C\ ,;.7,- $ $ $ .<\- (name of bank) $ ("" Ie- $ I. -. <:" $ /." $ Hot water Heat Snow removal Sewage costs and maintenance .# Trash removal ~, Lawn and shrubbery care o Water costs over yearly charge o Other 1.1;; Tenant Initials:J, L 'J-::':, " 76 11 78 19 "' " S? " .., "' 31 M 6!l 12. './/1 'n \):: " 'H '>:., 1f!': 11,1 '"' '11~ lil: ,,, , 1/ 14. , 1": I d i': I " in 11[< ; \~, I?f. , )00 iT I 'Ii ~i women. Before renting I're-1978 houf;ing, Landlords must disclose the presence of known lead-bilsed paint and lead.based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. A. Lamllord ini{ial one: L Landlord does not know of any lead-based paint or lead-based paint hazards (dangers) on the Property; OR " 68 " " k: ',;' 71 Lnndlord knows that there is lead-based paint. or that there are lead-based paint hazards on the Property. n Landlord must explain what Landlord knows about the lead. based paint and hazards, including how Landlord 73 leOlmed that it is there, where it is, and the condition of painted walls, trim and other surfaces. Landlord must give Tenant any other information umdlord has about the lead-based paint and lead-based paint hazards. " " 76 71 " 19 " " " " " 8' " B. Landlord initial one: ~ Landlord has no repOlts or records about lead-based paint or lead-based paint hazards on the Property; OR Landlord has given Tenant all available records and reports about lead-based paint or lead-based paint hazards on the Property. List records and. reports: 13. 15. Air Condilioning Sanitary Electrical Security Heating Water Heating D. Landlord will keep Property reasonably free of pests, rodents and insects. single-family dwelling. E. Landlord will supply utilities and services as listed in paragraph 8 (Utilities and Servkes) of this Lease, unless the service is intenupted by circumstances beyond. the Landlord's control, . Landlord cannot increase rents, decrease services. or threaten to go to court to evict Tenallt becaure Tenant (1) complains to a government agency or to Landlord about a building or housing code violation. (2) organizes or joins a Tenant's organization. (3} uses Tenant's legal rights in a lawful manrier. LANDLORD'S RIGHT TO ENTER A. Tenant agrees to let L..1.nd!ord or LundlOl'd's representatives enter the Property at reasonllble hours to inspect, repair, Of show the Pmperty to prospective buyers. B. Landlord will give Tenant 24 hours' notice of date, time, and reason for the visit. In cases of emergency, Landlord may enter Property without notice. If Tenant is not there, Landlord will tell Tenant who was there and why within 24 hours of the visit. SECURITY DEPOSIT A. Landlord cannot make Tenant pay a security deposit of more than two-month's rent. the first yellr, and one-month's rent after the first year. After five years, the security deposit cannot be raised, even if the rent is raised. B. If the security deposit is more than $100, Landlord must keep it in a special bank account (escrow account) and give Tenant the name and address of the bank, C. After the second year (if Tenant continues to live on Property), Landlord mu.~t keep the security deposit in an e.~crow account that earns interest. Landlord may keep I percent of the security deposit each year as an administrative fee. Landlord must pay Tenant the balance of the interest once a year. D. Landlord can use the security deposit to pay for unpaid rent and damages (beyond normal wear and lear) that are \4~ Tenant's responsibility. (\ ,t\ll I j'il,,'" Drainage F. 16. l$l 14' Page 2 of 4 ri) ~( ! } '" Landlord Initials: "L" E. When Tenant moves from the Property, Tenant will retum all keys and give Landlord written notice of Ten am's mail- 14b 1,1 ing address where Landlord can retum the security deposit. If! I'" F Landlord will prepare a list of charges for damages and unpaid rents. Landlord may deduct these charges from the' 148 V"i security deposit. Landlord must return security deposit and interest (minus any charges to Tenant) within 30 days. 149 1';(' 17. POSSESSION 15{j 1:;1 A. Tenant may move in (take possession of the Property) on the Starting Date of Ihis Lease. n h' B. If Tenant cannot move in because previous tenant is still there or because of property damage, Tenant can I':; 1'; , (l) change the starting date of the Lease to the day when Property is available. Tenant will not owe rent until Property 1;' 1:'1 is available; OR 1S~ (2) end the Lease and have all money already paid as rent or security deposit returned. 155 156 18. RENT INCREASES 156 A. If the Lease is for a tenn of more thnn one year, Tenant agrees to pay Tenant's share of any increase in real estate taxes 15i' and water and sewer charges. '1sa B. If Tenant's actions cause an increos.e in pmperty insurance, Tenant wi.l1 pay the amount of the increase. 15!1 NO PETS '"' Tenant will not keep any pets on any part of the Property without Landlord's written permission. 11i1 SMOKE DETECTORS "',. A. Tenant ~i11 maintain a~d test (monthlY)l.anY ~moke detector~ on the ~rdpe1ty., 1\\'3 B. Tenant will notify Landford or broker fOf Landlord of any broken smoke detet:tor(s). "164 C. Tenant will pay for any damage to Property if Tenant fails to maintain smoke detectors. 165 FIRE OR OTHER DAMAGE '" A. If the Property is accidentally damaged (fire, flood, etc.): 1V1 (1) Tenant may continue to live on the livable part of the Property and pfty a reduced rent as agreed to by Tenant and m Landlord until the damages are repaired; if the law does not allow Tenant to live on the Property, then this Lease 109 is ended; OR no (2) If it is not po.~sible for Tenant to live on the Property, Tenant must notify Landlord immediately that Lease is ended 111 and move out within 24 hours. 0'1 B. If Leai>e is ended, Landlord wiII return any t1nu.~ed security deposit or advanced rent to Tenant. 173 C. lfTenunt, Tenant.s rumily or glle.~t~ cause damage by fire or l:ty other means, thi.~ Lease wj]] remain in effect and Tenant fil, will cUl\li\l\\e to p<l)l t'ent, even if Tenant cannor occupy the Property. 17b 22. AFTER NOTICE TO END LEASE II A. After Tcmmt or Landlord !I:H; given written notice to eml th\l'> Lease, Landlord may show Property to possible tenants. rn Landlord will not show PropeJ1)' unless Tenant is there or hns fI reasonable chance to be there. Tenant does not have 17i1 to allow pm~ihle tcnallt~ to cntcr ullle.~~ they arc with the Landlord or Landlord's representative, or un1ess they have 179 written perl1li.~sion from the Landlord. 1~0 B. Landlow may put up For S;lle or For Rent signs on or near Property. 111'1 C. Tenant agrees [0 move out peacefully when Lease is ended. 1DZ 23. IF TENANT BREAKS LEASE: '" A. l'emmt breaks this Lease if: 184 (l) Tenant does not pay rent or oth~~:r charges, '. JSH (2) Tenant leaves Property Permanently before the end of thi:. Lease. 186 (3) Tenant does not move out when supposed to. 1e7 ~II~ (4) Tenant fails to do anything Tenant agreed to in this Lease. 180 ,'j B. Non-Payment of Rent: If Tenant breaks Lease by not paying rent or other charges, Landlord cannot evict Tenant 189 "" (force Tenant to move out) from rhe Property without a written notice. Tenant agrees that a written notice of FIVE 100 H DAYS is sufficient. This means that if Tenant hns not moved from the Property before the sixth day after Landlord has 1":'! given Tenant written notice, Landlord can file a lawsuit to evict Tenant. 192 '" TENANT IS WAIVING OR GIVING UP TENANT'S RIGHT TO A LONGER NOTICE TO MOVE OUT. 19' C. . Other Lease Violations: If Tenant breaks any other term of this Lense, Landlord must give Tenant written notice 194 1\,0; describing the violation and giving Tenant FIVE DAYS to correct the problem. If Tenant does not correct the problem, 195 I'". Landlord can then give Tenant FIVE DAYS' written notice to move from the Property. If Tenant does not move out, 196 Fu Landlord can tile a lawsuit to evict Tenant on the sixth day_ 197 , " TENANT IS WAIVING OR GIVING UP TENANT'S RIGHT TO LONGER NOTICES TO CORRECT '0, 1'~'1 PROBLEMS AND TO MOVE OUT. 1'0'.1 'r,' D. If Tenallt Breaks Lease for Any Reason, Landlord may: 200 I,:' (1) Get back possession or the Property by going to court to evict Tenant. If Lnndlord hires a lawyer to start 201 "[, eviction, Tenant agrees to pay the lawyer's fees and Landlord's reasonable costs. lOt (2) File a lawsuit against Tenant for rents and charges not paid and for rents and chllrges for the rest of the Lease 203 term. If Landlord wins (gelS a money judgment agalnsl Tenant), Landlord can use the court process to take :,1: Tenant's personal goods. furniture, motor vehicles, and money in banks. .'1~ (3) Keep Tenant's Security Deposit. ?G6 24. SALE OF PROPERTY I , 207 cr,~ A. If Property is sold, on the date of settlement, Landlord will give Tenant in writing: (,UR '1'" (1) The name. address, and phone number of the new landlord. 2119 (2) Where rent is to be paid. 210 ;i' (3) Notice that the security deposil has been given to the new landlord, who will be responsible for it. 211 B. Tenant agrees that Landlord may trunsfer Tenant's money and advanced rent to the new landlord. 2!2 c. T~nant understands that Landlord will have no duties regarding this Lease after the Property has been sold. 2'13 D. Landlord agrees to require any new landlord, as a condition of sale, to take on Landlord's duties under this Lease and ?1~ to honor them. 215 25. IF GOVERNMENT TAKES PROPERTY ". ~I A. The govemment or other public authority can take private property for public use. The taking is called cOlldemnarioll. ?1? B. If any part of the Property is taken by the government, Landlord will reduce Tenant's rem proportionately. If all the m Property is taken or is no longer usable, this Lease wiJI end and Tenant will move Ollt. Landlord wiII return to Tenant L'. any unlt~d security deposit or advanced rent. 220 C. No money paid to Landlord for the condemnation of the Prope~y will belong to Tenant. 22! 222 223 '-., 1~f' 19. 20. !6~ '''' 21. 11;;" Ill! Ii? Page 3 of 4 Landlord Initials: t? .~ 21.4 7?~i Tenant Initials: i . \1' ~ ~- I.') 11 L,j '" no 26: :~n ,i ~~(, ,!I 27. n zr 2-""' .,.",,; ;';I~ 28. n7 :';11, 2'<~ ?i~ ""1 ~t; :~H :i4'\ 7'1~ 2'" )-i' w 29. ;H!l ;:'~r ~"\ : ;'~; ;Co.1 30. ~',"-, ;,,,,; ;':i; ;;ri(, 2()J !"fl' 261 <::5, Z6J 31. 'lti4 32. 265 2611 33. Zfo7 ZGB SUBLEASING AND TRANSFER A. Landlord may transfer this Lease to another landlord. Tenant agrees that this Lease remains the same with the new landlord. B. Tenant may not transfer this Lease or sublease (rent to anolher person) this Property without Landlord's written per- mission. Landlord will be reasonable about giving written permission. TENANT HAS FEWER RIGHTS THAN MORTGAGE LENDER Landlord may have a mOltgage on the Property. If so, Landlord agrees to make lhe mortgage payments. The rights of the mortgage lender come before the rights of the Tenant. (Example: If Landlord fails to make mortgage payments, the mortgage lender could take the Property and end this Lease.) TENANT MAY BE WAIVING OR GIVING UP TENANT'S RIGHTS. TENANT UNDERSTANDS THAT IF THERE IS A FORECLOSURE, THE NEW OWNER WILL HAVE THE RIGHT TO END THIS LEASE. BROKERS (1-00) The Business Relationships between the Broker(s) and Landlord an.d Ten.ant are as follows, UNLESS a different relationship is checked below. A. The Listing Broker is Agent for Landlord. B. The Leasing Broker is Agent for Tenant. C. When the Listing Broker and Leasing Broker are the same, the Broker is a Dual Agent. Dual Agency applies to all licensees, UNLESS there is a Designated Agent(s) for Landlord and a Designated Agent{s) for Tenant. If the same Licensee is designated for Landlord and Te~ant, the Licensee is a Dua~Aftent. A Business Relationship exists that is different from above, as follows: , ... . o The Leasing Broker is th~ Agent/Subage~t for Landlord. ' ~ o The Leasing Broker is a Transaction Licensee. o The Listing Broker is a Transaction Licensee. D. Broker{s) may perfonn services to assist unrepresented parties in complying with the terms of this Agreement. MEDIATION A. Mediation is a way of resolving problems. A mediator helps the disputing parties reach an agreeable solution without having to involve the courts. B. Landlord and Tenant may a~ree to take any disputes arising from this Lease to a mediation program offered by the local association of REALTORS or to another mediator. Landlord and Tenant can agree to mediation as part of this Lease (by signing a mediation fonn to attach to this Lease), or they can sign an agreement to mediate after a dispute arises. INSURANCE AND RELEASE A. Tenant understands thai (1) LANDLORD'S INSURANCE DOES NOT COVER TENANT, TENANT'S PROPERTY. OR GUESTS. (2) TENANT SHOULD HAVE FIRE & LIABILITY INSURANCE TO PROTECT TENANT. TENANT'S PROPERTY AND GUESTS WHO ARE INJURED WHILE ON THE PROPERTY. B. Landlord is not legally responsible for any injury or damage that occurs on the Property and Tenant agrees to pay any loss or claim, including attorney's fees, that results from the damage or injury. C. Landlord is responsible for any injury or damage that results from Landlord's carelessness. D. Tenant is responsible for any loss to Landlord that Tenant, Tenant's family or guests cause. CAPTIONS The headings in this Lease are meant only to make it easier to find the paragraphs. CONSUMER NOTICE Tenant ami Landlord have received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code ~35.336. ENTIRE AGREEMENT Thi.s Lease is the entir~ agreement between Tenant and Landlord. No spoken or written agree. ments made before are a part of this Lease unless they are included in this Lease. '" NanCE BEFORE SIGNING, IF <ENANT HAS LEGAL QUESTIONS, TENANT IS ADVISED TO CONSULT AN ATTORNEY. TENANT \ SS # E-Mail' , DATE', \ \-,1 --., (, 1,,1/..., ..;, ::; ~:"SL]g~~d"SS '~~-_. :;: w~:~N~!Je<(i) ,/. ',-> m 'Tenant's aiHngAddress Of; i ~',' 271i Phone Number{s) 2'l7 WITNESS m Tenant's Mailing Address m Phone Number(s) ~{m WITNESS 2nt Landlord's Mailing Address ?w' Phone Number(s) 7H'.1 WITNESS " ! .,. I \ \:.~ \ . ., ' ,c";I\I,j '~. r' . .,.. .' l"". FAX # TENANT,!,. /, Ii' "f~,"FAX# ;' TENANT DATE,-,.,! -)./';1 SS# Ji_) r/t: //1; ;17 , - E-Mail DATE SS # FAX # E-Mail LANDLORD. DATE SS# , ". FAX # E-Mail ,.'i' , LANDLORD DATE ?!\1 21l~ Brokers'lLicensees' Certifications lilt; Brokers and Licensees involved in the transaction certify, by signing here thaI: :'11, (I) The information given is true to the best of their knowledge. ~, - 7,n (2) They have told Landlord of Landlord's responsibilities under the Residential Lead-Ba..<ied Paint Hazard Reduction Act 2119 (42 U .S.C. g4852d), described in the Lead Hazard Disclosure Requirements above. Brokers and Licensees mtl~t make 2~n sure that Landlord gives Tenant the information required by the Act. )q' ;'9:) 2~,~ LEASING BROKER (Company Name) ACCEPTED BY 2].1 LISTING BROKER (Company Name) ACCEPTED BY :'~c ;'1<j 1';; DATE DATE LANDLORD TRANSFERS LEASE TO A NEW LANDLORD :'~n ,"~\J As part of payment received by Owners (Landlord) ~111'1 now transfers to it)! his heirs and estate, this Lease and the right to receive the rents and other benefits. ;17 ,"' WITNESS iiJl WITNESS 3US (name of current Landlord) (name of new Landlord) LANDLORD LANDLORD Page 4 of 4 DATE DATE .,J.'\ ZZ6 n7 228 2 ,~9 23. ,,~1 ,J? IJ:! 7':1'\ ~35 236 237 236 239 210 741 '" '" '" 2~5 "6 247 '" ". 2" 2~1 '." "., :>~. :r- 256 257 ?'lll '" 260 2.61 262 ?1i3 '"' 285 266 ?1I7 '" if,9 27' m 212 1213 ~ 274 215 276 m 276 27. 28' 261 262 263 264 ~fl~ '" 281 ,'8ij ?.'i~ 29' 291 282 28' '" '" ," :,0,;' '" 29. '0' 31)1 39' 'OJ ?;\l~ 395 . JROPOSAl U"-,,'\,, y~~t (1..1'.,: .;;'1 \ J ~ , 7 . \ ( L>C"t::-? ,l-:...:'.')\, ,_ c. /~., -i _. "tn' '.:i\" WORK TO BE PERFORMED AT: ADDRESS PROPOSAL NO. . '. SHEET NO. DATE . . \ \ c: t)uc.1 \-",~~"'v~'.C0 I;'-l 1,\"'\ ~~y, C f:::...._. ~1-' ,~:~C~ \- ~~, '~_ C" ",.J ',?;" :"\ 1--:'/'::; \"1"'1 'Z,''T.__ Ie ':.,.."'" '" DATE OF POOS .. F7."") ';-';> 70b It' o ARCHITECT "'" '- All material is guaranteed to be as specified, and the above work. to be performed in accordanc"h,with the drawings. n9 specifi- c~tion. s submitted f.or above ,rork and completed in a ~ubstantial workmanlike manner for the sum of if ~~( 00 .1[, (Ju S 0--'.., ,C (.~H u_ 0- ,v<) ceJfr' Dollars ($ 9()v \:;. OCl with payments to be made as follows. J) "'/06 O. C(; i)ocUN +0 .s'--}",,,.: ('eN -'I fi.t>r. ~'. .. jJ 7"(;(,.6U D Je ~ "'t: '-'?O/',I ('oVV\I~ Je4..J"AJ ""'J P\A::l')'{ ~.~"" ~') v - ... ,- I ,.A) . '- " -. . "O\.!<" U \:)(1 '" C" v'h '" .= +::101"':4". 9.1;1-. (\ c J "" .~ ~ J5.,.()I..J ,u" /..-/ ,i/ // " Respectfully submitted '. '<..1,.".ff_ (, Any alteration or deviation from above specifications involving extra costs will be executed only upon written order, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, ac- cide~~~9:.~,e:~:~~~~~~:?~~;~~~~,.__ '-.~{/;-.. /,.... ,/j,"-., -1, -..", 'I '.1/ '\ /' /: :."; j,1/J: ~tfJti '-"1/\..-- . .,,;.t_.v 1"- r _ V V ~ Per Note - This proposal may be withdrawn by us If not accepted within _ days. E'x~1\6\\ b VERIFICATION We, the undersigned, hereby verify that we are the plaintiffs in the above-referenced action and that the facts stated in the above complaint are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. es. S4904, relating to unsworn falsification to authorities. 2J( ,2006 7dt:l :t!~M/~ ~L. KEESEMAN ~ /J1hl~ [) 701 ~ 1/J?V1 M. ./ P NNY D. ESEMAN STACY B. WOLF, ESQUIRE ATIORNEY ID NO. 88732 WOLF" WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATIORNEY FOR PLAINTIFFS RICK L. KEESEMAN and PENNY D. KEESEMAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 2006-3029 CIVIL TERM v. : LANDLORD TENANT DEAN A. WEAVER and KELLY L. WEAVER, : CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I have served a true and correct copy of the foregoing G>mplaint upon the following person and in the manner indicated: SERVICE BY U.S. MAIL: Sally J. Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 August L 2006 By: _~~13r4- STACY B. LF, ESQUI Attorney for Plaintiffs WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 (: - .--/~ r<' c~ c,: " RICK L. KEESEMAN, and PENNY D. KEESEMAN Plaintiffs :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYL VANIA vs. : No. 2006- 3029, Civil Term DEAN A. WEAVER, and KELLY L. WEAVER, Defendants : CIVIL ACTION - LAW ANSWER TO AMENDED COMPLAINT Come now the Defendants, Dean A. Weaver and Kelly L. Weaver, by and through their counsel, Sally J. Winder, Esquire, and do Answer the Amended Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. On the contrary, Defendants vacated the premises on or about March 17,2006. 7. Denied. After reasonable investigation, Defendants are without specific knowledge necessary to admit or deny the following subparagraphs except as to the specifics stated and therefore the allegations are denied and strict proof as to all allegations of damage is demanded at trial of this matter. a. Denied. On the contrary, Defendants believe and therefore aver that the only damage to the hardwood floor was scratching from normal wear and tear of use of the bedroom for its customary use as a bedroom occupied by the tenants and their family. Normal wear and tear is to be expected and damage for which Defendant is liable is damage beyond normal wear and tear. Defendant by way of further response states that even if the Defendant were determined to be liable, the damage to the floor would not " cost $1,200.00 to repair as stated in the complaint and therefore the averment as to the cost of repair is specifically denied. b. Denied. On the contrary, the front door was not damaged and did not need to be replaced. c.-e. Denied. On the contrary, defendant believes and therefore avers that only normal wear and tear occurred to the drywall and other walls and windows except for one broken and missing pane and existing damage to the ceiling occasioned by a plumbing repair done by Defendants after first obtaining authorization from Landlord, all of which would not cost the estimated $4,000.00 in the Complaint. f.-h. Denied. On the contrary, Defendants caused no excessive damage to any window trim or kitchen cabinets. The window trim and kitchen cabinets were not brand new or in good condition when Defendants rented the property in April 2002. Defendants after reasonable investigation are unable to determine the truth of the allegations as to cleaning of appliances and the kitchen stove and strict proof of all allegations of damages are demanded at trial of this matter, including the amount of $1,200.00 listed in the Complaint. 1. Denied. On the contrary, Defendants did not cause damage to the kitchen vinyl flooring which would require replacement of it at a cost of $1,000.00; strict proof thereof is demanded at trial. J. Denied. On the contrary, Defendants did not cause damage to the living room carpet and padding which would require replacement of it as a cost of $1 ,000.00; strict proof thereof is demanded at trial. 8. Denied. On the contrary, the allegations of the Plaintiff are conclusions of law to which no response is required and strict proof thereof is demanded at trial of this matter. 9. Denied. On the contrary, the dumpster was used by Plaintiff Landlord to remove Landlord's trash from the property. 10. Admitted. 11. Denied. The allegations of this paragraph are a legal conclusion to which Defendants are not required to respond and strict proof thereof is demanded at trial of this matter. 12. Admitted in part and denied in part. Admitted that Plaintiffs have retained the security deposit of$675.00. Denied that the security deposit has been retained in strict compliance with the lease and or the lawful requirements of landlord to account for damages which are the responsibility of the Tenant Defendants. COUNT I-BREACH OF CONTRACT 13. Responses to paragraph 1 through 12 are incorporated as stated above. 14. Denied. On the contrary, Defendants did not fail to keep the property clean and safe and did not willfully destroy or deface any part of the property; Defendants did not breach the lease agreement. 15. Denied. The allegations of paragraph 15 are conclusions of law to which no response is required. 16. Admitted. 17. Denied. On the contrary, payment or non-payment of rent is not related to damage to the premises claimed by Plaintiffs and therefore the allegation of paragraph 17. is a complete non-sequitor and conclusion strict proof of which is demanded at trial of this matter. COUNT II VIOLA nON OF LANDLORD AND TENANT ACT 18. Defendants incorporate their responses to paragraphs 1 through 17 as set forth above. 19. Denied. On the contrary, Defendants did not willfully or wantonly destroy, deface damage, and impair the property in violation of the Landlord and Tenant Act and all allegations of Plaintiff are denied as conclusions of law to which no response is required. 20. Denied. On the contrary, Defendants did not render the rented property unsuitable for habitation or rental. 21. Denied. The allegations of paragraph 21 are conclusions of law to which Defendants are not required to respond and strict proof at trial is demanded. WHEREFORE, Defendants pray this Honorable Court enter judgment in favor of Defendants and against Plaintiffs for all damages, denying any claims for costs, as to both Count I and Count II. Respectfully submitted, . Winder, Esquire Atto y for Defendants 9974 Molly Pitcher Highway Shippensburg, P A 17257 . VERIFICATION I verifY that the statements made in this Answer to Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: qf~/ti p ~ CQ~l~k c.(, '" II ~ '-- ('. , , {:..' c' c (11 ~ STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS RICK L. KEESEMAN and PENNY D. KEESEMAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs :NO. 2006-3029 CMLTERM v. :LANDLORD TENANT DEAN A. WEAVER and KELLY L. WEAVER, :CML ACTION - LAW Defendants PETITION FOR APPOINTMENT OF ARBITRATORS TO 1HE HONORABLE, 1HE JUDGES OF SAID <DURT: Stacy B. Wolf, counsel for the plaintiffs, Rick L. Keeseman and Penny D. Keeseman, in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiffs in the action is $10,743.00. No counterclaim has been made by the defendants. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Sally J. Wmder. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ,.. Septe~ber____,2006 By: Respectfully Submitted, ~~.~ STACY B. W LF, ESQUI Attorney for Plaintiffs WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supre~e Court I.D. No. 88732 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS RICK L. KEESEMAN and PENNY D. KEESEMAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs :NO. 2006-3029 CML TERM v. :LANDLORD TENANT DEAN A. WEAVER and KELLY L. WEAVER, :CML ACTION - LAW Defendants CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, have served a true and correct copy of the foregoing document upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Sally J. Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 Septenlber____,2006 WOLF & WOLF BY.!!:.~H1/; ~ Attorney for Plaintiffs 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 ~?1D ~. .~ fS;~ -- ~. ............ () ~ ~ If\ g ~'i~ ~~ ~ ~.. :z ~.... '" ~~.. c:> ~~~ ~8 ~ ~ :c::::.c- u:> ::::ol. y "'":;. ., ~ ~ ~ :4 'V RICK L. KEESEMAN and PENNY D. KEESEMAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs :NO. 2006-3029 CIVIL TERM v. :LANDLORD TENANT DEAN A. WEAVER and KELLY L. WEAVER, :CML ACTION - LAW Defendants ORDER , Esq., and tors in the above-captioned action as prayed for. BY >- ~ wO 02 -0 $~ @fii ....JW o:~ ~ M M M :a:: 0- N N 0- l&..I (J? ...0 = = c-..I i:= :z: .:J<( Q:;i '-..l4 -:::;; .~:;;! ;;;:! ,:~~ 1] i~.JU..l t.~)CL 2 a . <'"\ , SHERIFF'S RETURN - REGULAR CASE NO: 2006-03029 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEESEMAN RICK L ET AL VS WEAVER DEAN A ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WEAVER DEAN A the DEFENDANT , at 1558:00 HOURS, on the 26th day of May , 2006 at 38 BURKET ROAD SHIPPENSBURG, PA 17257 by handing to KELLY WEAVER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. 18.00 16.72 .39 10.00 .00 45.11/ ~ 1 17. p~ Sworn and Subscibed to Sheriff's Costs: Docketing Service Postage Surcharge So Answers: .~~~ R. Thomas Kline 05/30/2006 NATHAN WOLF By: 4~".J ~ ~- - Deputy Sheriff before me this day of A.D. ~ .... . SHERIFF'S RETURN - REGULAR CASE NO: 2006-03029 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEESEMAN RICK L ET AL VS WEAVER DEAN A ET AL WILLAIM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WEAVER KELLY L the DEFENDANT , at 1558:00 HOURS, on the 26th day of May , 2006 at 36 BURKET ROAD SHIPPENSBURG, PA 17257 by handing to KELLY WEAVER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff1s Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00v 06/30/2006 C}- ? In/Dc. NATHAN WOLF Sworn and Subscibed to By: So An~~~ R. Thomas Kline day ~TT~ Deputy Sheriff before me this of A.D. ~ ~ J(~l11cUt oJ.> =tVl~ ~ . ~'71A11dJ~!_ntiff ~ AJJJLL~ tdty Iv. W.u{/ttV Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No'2!J/J~ - 302PJ Oath We do solemnly swear (or affirm) that we w'n support, obey and defend the Constitution of the United States and the Constitution of this COmInO we Itn an t we will discharge the duties of our office with fidelity. ~(]u OJ~ S gnature 3cx,,~ \\ d.o...mS Name (€kllHtnaft) Civil Action - Law. J;l. clu~l JJ!, ~J,ad; ame lPMJ.cJl. 5 l: ctM/;., awFl ~~JtJ /;/Jk /'q2. Address Law Firm \9l\.S .\>,\\- S+. Address Cf1~..\\s\€ f'" \ 1 b\3 City, , Zip Ca U/ ;J J-/!/ I?) )/.::.2) City, I ""Zip si~b~ C!iH20L:S-: LiUh~(h.. Name .. ( GlIAo&sR f#i,v~4f. Law Firm ,),.tt /IJ, I-hgh ~ Address ~~~ ;?~J}PI3 City~ Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ~ I:S~'t~a-Jrr~ f~~~\ ;~,~r;;vf iukM4- . Arbitr~tor, diss nts. (Insert name if applicable.) Date of Hearing: Date of Award: Notice of En Now, the J5....h day of ..b1ove.mhPr ,20 DLD , at -9~ ij.J./. , -A...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: $ QtQD. DD ~~ProtlIDM~ By: Deputy ~ J... - k.etstl11d./,f oJ..> =tVlr1A1 ~ . ~7t-~ntiff ~ A. WJA~ t~ Iv. LJ.u(ItvV Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No'W/L- W2tj Oath We do solemnly swear (or affirm) that we w"ll support, obey and defend the Constitution of the United States and the Constitution of this COmlnO we lth an t we will discharge the duties of our office with fidelity. ~~ S gnature "30S\~ ~ clo...mS Civil Action - Law. Name (€kaimlaB1 (L:cJutp) Jit~J,td; ame f!lM-icJl.S 6j,1s?J/~ awFl ~~JtJ 7)/AJi? r/. Address Law Firm \Ql\.S .\>\\\- S+. Address Cf1~\\5\€ rf) \ It>\3 ) City, Zip *'003"" Si~%::Jy~ C!iw20L::S-: Liuh~(h.... Name .. ( GcuOlJsF/ ~~~~ Law Firm ;).U t<J. fhgf1 .$f Address ~'s1l2- fJA-np 13 City, Zip # laAf0\4 CaUl;J }-/!/ 1?,)//~2J City, I /Zip "* 10886 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ~ l:~'t~~~ to:::d1h\;~,~;;vf iMirc~~ Date of Hearing: . Arbitrator, diss nts. (Insert name if applicable.) /2.. 110 -- ~ fo -- ~ f (). .... .--r Date of Award: Notice of En Now, the J5-f'h day of ~~mbPr ,20 Dlo , at -9: I.J.I./. , ~.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: $ ~qD. DO By: Prothonotary Deputy , \ecf . ~....({>!Jo.!' wlr' f,9J. v-r e:" I)J ~. ~-\().eL\ .1 i.Oif~\eJ I ~ ' . ,I~_O(P 1\ DKe> t~ p\ t\ ni\ ' p~\3 ~e-~ r-.) re,:=::. 0 CT' -n (.,.\1 ~ .-....... r ,.. '" STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS RICK L. KEESEMAN and PENNY D. KEESEMAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs :NO.2006-3029 CIVIL TERM v. :LANDLORD TENANT DEAN A. WEAVER and KELLY L. WEAVER, :CIVIL ACTION - LAW Defendants PRAEQPE TO ENIERJUDGNlENT To the Prothonotary: Please enter judgment on the arbitration award in accordance with Pa.R.CP. 1307(c) in the above matter, (1) For Rick L. Keeseman and Penny D. Keeseman, Plaintiffs, and against Dean A Weaver and Kelly L. Weaver, Defendants in the amount of $8,450.00 plus interest at the legal rate from May 25, 2006. Respectfully submitted, Date: January 1L, 2007 Wolf & Wolf BY: ~~~~ 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court ID # 88732 Attorney for Plaintiffs - .-. -- STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS RICK L. KEESEMAN and PENNY D. KEESEMAN, PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, Plaintiffs : NO. 2006- 3029 CIVIL TERM v. : LANDLORD TENANT DEAN A. WEAVER and KELLY L. WEAVER, : CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I have selVed a true and correct copy of the foregoing document upon the following and in the matter indicated: SERVICE BY FIRST CLASS MAIL: Sally Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 Counsel for Defendants January ~, 2007 WOLF & WOLF Br- ~oi~L~JUIRE Attorney for Plaintiffs 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 ; , r-...:> ~ ~ c=> 0 c::::> -..I fJ , .-( ~ L ~. ..,L.tc'- :I:-n Z nlrc! ~ \ w -nm =i"JO ,- ".,' :3{~) ~ "- ~ ~ -0 (g fc~~ . -oIa ~ W +:l ~.. ~ .. j;! W :0 -< ~ „ ati STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS ~ LI.,.L' : r~'~ ~~f,,a. ~; S~`~ j~ r.i1 ~ .,_ L,~,lr M ~ i ~~ ~ It RICK L. KEESEMAN and PENNY D. KEESEMAN, Plaintiffs v. DEAN A. WEAVER and KELLY L. WEAVER, Defendants To the Prothonotary: Kindly mark the IN THE COURT OF COMMON PLHAS car CUMBERLAND COUNTY, PENNSYLVANIA N0.2006- 3029 CIVIL TERM LANDLORD TENANT CIVIL ACTION -LAW t in the above-captioned matter satisfied. Respectfully submitted, Date: July ~ ~ , 2010 Wolf & Wolf BY: //G`~• Stacy B. lf, Esquire 10 West h Street Carlisle, PA 17013 (717) 241-4436 Supreme Court ID # 88732 Attorney for Plaintiffs STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS RICK L. KEESEMAN and PENNY D. KEESEMAN, Plaintiffs v. DEAN A. WEAVER and KELLY L. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2006- 3029 CIVIL TERM LANDLORD TENANT CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Stacy B. Wolf, squire, hereby certify that I have served a true and correct copy of the foregoing document upo the following and in the matter indicated: SERVICE BY FIRST CLASS MAIL: Dean A. & Kelly L. Weaver 36 Burket Road Shippensburg, PA 17257 WOLF & WOLF July ~, 2010 By: STACY B. LF, ESQUI~ Attorney fo laintiffs 10 West Hi Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732