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HomeMy WebLinkAbout06-4526 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff STEPHANIE E CHERTOK, Plaintiff, V. GREG ELLIOTT, TIMOTHY L. DIPIETRO AND JOHN MCDERMOTT, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 0 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff STEPHANIE E. CHERTOK, Plaintiff, V. GREG ELLIOTT, TIMOTHY L. DIPIETRO AND JOHN MCDERMOTT, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe toma accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en lat Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier otra queja o compensacion reclamados por el Demandante. LISTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCES UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-8749 STEPHANIE E. CHERTOK, Plaintiff V. GREG ELLIOTT, TIMOTHY L. DIPIETRO AND JOHN MCDERMOTT, Defendants. CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. b6. q 2G ?c<<I CIVIL TERM JURY TRIAL DEMANDED COMPLAINT NOW COMES the Plaintiff, Stephanie E. Chertok, by and through her Attorney, Cindy L. Hribal, Esquire, and files the instant Complaint, and in support thereof states as follows: 1. Plaintiff is an adult individual residing at 54 South West Street, Carlisle, Cumberland County, Pennsylvania, 17241. 2. Defendant Greg Elliott is an adult individual residing at 814 Embree Crescent, Westfield, New Jersey, 07090. 3. Defendant Timothy DiPietro is an adult individual residing at 7614 Lhirondelle Club Road, Ruxton, Maryland, 21204. 4. Defendant John McDermott is an adult individual residing at 215 Powell Drive, Annapolis, Maryland, 21401. 5. Plaintiff is the owner of rental property (hereinafter "Property") located at 22 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 6. The Property consists of four (4) separate apartment units. 7. Apartment No. 1 (hereinafter "Apartment") is a three (3) bedroom apartment situated at the front of the 2nd floor of the Property. 8. Defendants executed a lease (hereinafter "Lease") for the Apartment on November 23, 2004. A copy of the Lease is attached hereto and incorporated by reference as "Exhibit A." 9. Prior to Defendants taking possession of the Apartment, Plaintiff completed the following improvements on said Apartment: (a) cleaned and painted walls and ceilings; (b) refurbished all windows and pulleys; (c) repaired/painted baseboards, doors, and other woodwork; (d) stripped/cleaned hardwood floors; (e) replaced bathroom fixtures; (f) rewired/added electric outlets and new electric service; (g) remodeled kitchen, including addition of new sink, cabinets, and floors; (h) added washer and dryer. 10. Pursuant to section number three (3) of the Lease, the rental contract for the Property ran from August 1, 2005 to July 31, 2006. 11. Pursuant to section number four (4) of the Lease, the total rental for the Property was $1200.00 per month. 12. Pursuant to section number five (5) of the Lease, the Defendants paid a security deposit of $1200.00 on or before November 23, 2004. 13. Pursuant to the Lease Addendum, the Defendants' August 2005 rent of $1200.00, which they paid on or around August 1, 2005, served as an additional security deposit. A copy of the Lease Addendum is attached hereto and incorporated by reference as "Exhibit B." 14. Pursuant to section number seventeen (17) of the Lease, the Defendants are jointly and severally liable for any and all damages resulting from a breach of the Lease. 15. Defendants engaged in the following violations of the Lease terms: (a) Defendants repeatedly walked on the roof of the apartment and threw cigarettes thereon, despite repeated warnings about the damage such activity posed for a rubber roof. (b) Defendants or Defendants' guests destroyed a door in the apartment. (c) Defendants made two large holes in a wall of the Property, for which Defendant DiPietro took full responsibility. (d) Defendants persisted in smoking and/or burning candles in and about the Apartment, including on the roof, in violation of the Lease and despite the Urgent Notice Plaintiff sent to Defendants reminding Defendants that smoking and burning candles is prohibited by the Lease. (e) Defendants, by having out-of-control parties, frequently spilling alcohol on the floors and splashing it on the walls and ceilings, and then failing to properly clean the floors, walls and ceilings, caused extensive damage that resulted in the floor having to be refinished because it became encrusted with black mold. (f) Defendants sublet the Apartment beginning in May 2006, without permission from Plaintiff, in violation of Lease section number eight (8). (g) Defendants broke glass panes on the French door leading to the living room. (h) Defendants kept an animal or animals, as evidenced by animal habitation materials, including a cage, and droppings on a sofa, in violation of Lease section number ten (10). (i) Defendants broke a thermostat in the hallway. 0) Defendants jammed chewing gum into the doorbell. (k) Defendants broke an antique glass chandelier. (1) Defendants pulled the bathroom sink off of the wall. 16. After repeated attempts to convince Defendants to conform their behavior to the terms of the Lease, Plaintiff posted a Notice to Quit the Premises on the door of the Apartment. 17. Defendants removed themselves from the premises of their own accord, leaving behind various forms of debris and/or used furnishings, which they attested the incoming tenants wished to keep. 18. Plaintiff, upon phoning the above-mentioned incoming tenants, was apprised that they did not in fact request that the out-going tenants leave the above-mentioned various forms of debris and/or used furnishings. 19. Plaintiff was forced to pay to have the above-mentioned debris and/or used furnishings removed from the premises. 20. To date, Defendants have refused to pay the cost of repairs or any part thereof. 21. Plaintiff has applied the Defendants' security deposit of $2,400 in partial satisfaction of the unpaid rent and for repairs owed by Defendants. 22. Plaintiff filed a Landlord and Tenant Complaint, docketed at LT-120-06, in Magisterial District Number 09-2-02 against Defendants on June 6, 2006. 23. Defendants failed to appear at the hearing scheduled for June 20, 2006. 24. Plaintiff appeared at said hearing, presented evidence, including memoranda, letters, and photographs, which sufficed to convince the District Justice that Plaintiff was entitled to damages. 25. Plaintiff was awarded damages against Defendants in the amount of $10,521.68, offset by Defendants' $2,400 security deposit, for a total judgment of $8,121.68. COUNT I - TRESSPASS 26. Plaintiffs incorporate herein by reference all averments of this pleading as if more fully set forth hereinafter. 27. At or prior to the time when Defendants vacated the Property, Defendants damaged various fixtures and/or appurtenances at the Property. 28. To date, Defendants refuse to reimburse Plaintiff for the cost of the above-stated repairs. 29. As a result of Defendants' trespass, Plaintiff has suffered damages as follows: a. $1,200.00 for June 2006 rent remaining due. b. $1,200.00 for July 2006 rent remaining due. C. $1,090.00 for late fees pursuant to section number four (4) of the Lease. d. $10.00 for one un-returned key. e. $58.76 for electric utilities from May 4, 2006 through July 5, 2006. f. $256.39 for dining room wall and window repairs. g. $350.00 to replace the door that was destroyed. h. $300.00 to replace antique glass chandelier. i. $75.00 to remove gum stuck in doorbell. j. $100.00 for hauling away furniture and debris that was left behind. k. $6835.00 for general expenses related to cleaning/repairing/restoring apartment to its original condition. 1. $90.00 for estimate from Tuckey Restoration Company. in. $121.68 for filing fees/court expenses at the Magisterial District Court level, prior to commencement of action in Common Pleas Court. n. $200.00 for attorney fees at the Magisterial District Court level, prior to commencement of action in Common Pleas Court. o. The costs and expenses of litigation incurred by Plaintiff subsequent to Defendants' submission of Notice to Appeal from District Justice Judgment. 30. Defendants have caused a total of $11,197.00 in damages, in addition to the ongoing litigation expenses Plaintiff is incurring. WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, in excess of the jurisdictional limit together with costs and interest and such other relief as this Honorable Court may deem appropriate under law, said amount being necessary to place Plaintiff in the position she would have been in had Defendants not damaged or destroyed the above- mentioned items on the Property. COUNT II - BREACH OF CONTRACT - LOSS OF RENTAL and UTILITY PAYMENTS and FAILURE TO PAY FOR DAMAGE CAUSED 31. Plaintiff incorporates herein by reference all averments of this pleading as if more fully set forth hereinafter. 32. All conditions precedent have been performed or have occurred. 33. Pursuant to the Lease, Defendants agreed to: (a) pay the rent for the entire year; (b) pay the cost of the utilities they used for the entire year; and (c) be responsible for any and all damage to the Property, normal wear and tear excepted. 34. Plaintiff provided the appropriate notice to Defendants for the amount of rent remaining due, amount of utility costs remaining due and for the amount of damage caused by Defendants. 35. To date, Defendants refuse to pay any sums due. 36. Defendants have failed to perform under the Lease. 37. As a result of Defendants' breach of contract, Plaintiff has suffered damages as follows: a. $1,200.00 for June 2006 rent remaining due. b. $1,200.00 for July 2006 rent remaining due. C. $1,090.00 for late fees pursuant to section number four (4) of the Lease. d. $10.00 for one un-returned key. e. $58.76 for electric utilities from May 4, 2006 through July 5, 2006. $256.39 for dining room wall and window repairs. g. $350.00 to replace the door that was destroyed. h. $300.00 to replace antique glass chandelier. i. $75.00 to remove gum stuck in doorbell. $100.00 for hauling away furniture and debris that was left behind. k. $6835.00 for general expenses related to cleaning/repairing/restoring apartment to its original condition. $90.00 for estimate from Tuckey Restoration Company. M. $121.68 for filing fees/court expenses at the Magisterial District Court level, prior to commencement of action in Common Pleas Court. n. $200.00 for attorney fees at the Magisterial District Court level, prior to commencement of action in Common Pleas Court. o. The costs and expenses of litigation incurred by Plaintiff subsequent to Defendants' submission of Notice to Appeal from District Justice Judgment. 38. Defendants have caused a total of $11,197.00 in damages, in addition to the ongoing litigation expenses Plaintiff is incurring. WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, in excess of the jurisdictional limit together with costs and interest and such other relief as this Honorable Court may deem appropriate under law, said amount being necessary to place Plaintiff in the position she would have been in had Defendants not damaged or destroyed the above- mentioned items on the Property. Respectfully submitted, Dated: g ?co -'-AAL , j'. C Step ie iertok, squire Supreme Gedrt I.D. No. 52651 Cindy L. Hribal, Esquire Supreme Court I.D. No. 202325 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. teph 'e E. Chertok, R.N., Esq. EXHIBIT "A" LEASE AGREEMENT This is a residential lease. It is a legally binding contract between the Landlord and each Tenant. Each Tenant should read this lease carefully. This residential lease contains waivers of your rights as a Tenant. Each Tenant should not sign this lease until each Tenant understands all of the agreements in this lease. Names of Landlord and Tenant: Name ofLandlord: ?I- 6nle V1e; o???'? -I 2. premises 3. Name(s) of the Tenant(s): T, i Dteiro Leased Premises: The leased premises is the place that Landlord agrees to lease to tenant. The leased a Starting and ending dates of lease agreement: ?03 The lease starts on 911 /0 S and ends on 1 ?3 I b . If Tenan t remains in possession beyond the end of the lease term, the lease will renew for another one year term at Landlord's option. 4. Rent: art, The rent for the entire one year lease term is $ D b • , which is payable as $ i2A7, each month 'jlus v-h' i -his , aNd of?,i+j w?h dP{vim Y1teP nt b7 i4, A14 a,',?/, Y°Pcr1'yy waw?gur} l Tenant agrees to pay the mon4hly rent in advance on or before the ?. day of each month. Landlord does not have to ask (make demand upon) Tenant to pay the rent. Tenant agrees to pay the rent by first class mail, postage prepaid or in person to Landlord either at Landlord's office, 61 West Louther St., Carlisle, PA 17013, or Landlord's home, 54 S. West St., Carlisle, PA 17013. Tenant agrees to pay a late charge of $5.00 per day, if Tenant does not pay the rent on time. If Tenant mails the rent to Landlord, the date of payment will be the date the letter is postmarked. A,- s?I \-rD Tenants' initials 1 of 9 Tenant agrees to pay a charge of $35.00 for any check that is returned for insufficient funds. Any additional expenses incurred will also be paid by Tenant. 1? 5. Security deposit: ,?rn_ ?? 11 12 3/,, y 12-00' Tenant agrees to pay as security deposit of one month's rent of $ 1-200 . Tenant agrees to pay the security deposit to the Landlord before the lease starts and before the Landlord gives possession of the leased premises to Tenant. Landlord can take money from the security deposit 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 unpaid rent. Landlord can take money from the security deposit to pay for cleaning charges for the premises. After taking out for damages, unpaid rent and cleaning fees, Landlord agrees to send to Tenant any security deposit money left over. Landlord will sent the renaming security deposit money to tenant no later than thirty days after the lease ends and Tenant leaves, Landlord also agrees to send to Tenant a written list of damages and amounts of money taken from the security deposit. Tenant agrees to give Landlord a written forwarding address when Tenant leaves and the lease ends. Tenant may not use the security deposit as payment of the last month's rent. 6. Damage to lease premises including appliances and other property included in the lease: Tenant agrees to notify Landlord immediately if the lease premises is damaged by fire or any other cause. Tenant agrees to notify Landlord if there is any condition in the lease premises that could damage the leased premises or harm tenant or others. Tenant agrees to notify Landlord immediately of any problems that require repair and Landlord agrees to address the situation as soon as reasonably possible. In the event of fire or other casualty, Landlord may, at her option, abate the rent for the portion of the premises unfit for Tenant's use and repair the damage or terminate the lease. Tenant may not contract for any work on the premises and may not deduct any expenses from rent payments without specific agreement by Landlord, in advance. Insurance: Landlord agrees to have insurance on the building where the leased premises is located. Tenant's own property is not insured by Landlord's insurance. Tenant is responsible for ,l, f -iA qb Tenants' initials 2 of 9 Tenant's own property that is located in the leased premises. Tenant agrees to purchase a Renter's policy of insurance which will cover loss of Tenant's contents, loss of Tenant's use of the property and personal liability for injury or damage to persons and property. 8. Assignments or Subleases by Tenants: Assignment (or assign) is the legal term for a transfer of the lease from a Tenant to another person. This other person then becomes the Landlord's new Tenant and takes over the lease. Tenant agrees not to transfer (assign) this lease to anyone else without 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 lease (sublease) all or any part of the leased premises to anyone else without the written consent of the 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 lease. 9. Responsibility for Damage to Property or Injury to People: Landlord is responsible for all damage to property or injury to people caused by Landlord (or Landlord's representatives) including intentional or negligent acts at the leased premises. Tenant is responsible for all damage to the leased premises and injuries 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 or injury caused by water, snow or ice that comes on the leased premises unless Landlord was negligent. Tenant is in possession and control of both the interior and exterior of the leased premises and therefore will be responsible for any injury that results from Tenant's failure to maintain safe conditions. 10. Use of Leased Premises: Tenant agrees to use the leased premises only as a residence. Tenant agrees to obey all federal, state and local laws and regulations when using the leased premises. ?Tnna + uby-=d+l»++l.e L„ 4 'ii r7 4 7. .+ f+k '.7 ?$S" Tenants' initials 3 of 9 -•ere##errois?. Tenant agrees not to store any flammable, hazardous or toxic chemicals or substances in or around the leased premises. Tenant agrees not to do any activities in or around the leased premises which could harm anyone or damage any property. Tenant agrees not to disturb quiet enjoyment of others living in adjacent buildings, such as by creating loud noises either inside or outside the rented premises. Tenant has been advised that the neighborhood is a quiet one that is not appropriate for loud music and parties, and they executed this lease with that in mind. Tenant agrees that Tenant will not allow more than3 people to occupy the leased premises without the written permission of Landlord. Tenant will be responsible for any fines that may be levied due to violation of any local ordinance limiting the occupancy or the number of persons who may occupy a residential dwelling. A charge of $50 per month will be added for each additional person that resides with Tenant over and above those that were present at the beginning of the lease term. Tenant agrees not to keep any pet, animal or wildlife on the premises or inside the building at any time. Tenant may not maintain a waterbed on the premises unless Landlord provides specific permission to do so. Tenant may not use alternative heat (such as kerosene or fireplace) of any kind. Tenant may not bring bicycles, tires or other vehicles or vehicle parts into the house for storage or for any other reason. Tenant agrees to refrain from smoking while in the premises. Throughout the lease term Landlord reserves the right to install all nails, screws, bolts, etc., upon Tenant's request. Tenant may not make holes in walls, ceilings or floors (as for picture hanging), for any reason. Upon termination of the lease, there will remain a curtain rod and a curtain or blind on every window as such was present at the start of the lease term. Tenants' initials 4of9 Tenant will be responsible for the '? -' ++ f+i ° b removal of the trash and the maintaining the sidewalks and yard in a safe and presentable condition. At termination of lease term, Tenant will relinquish keys as were originally issued. Failure to return keys will result in a charge of $10.00 per key which Landlord may take from the security deposit. 3 3 -f4 4"O? Appliances have been provided for use by Tenant but may not be repaired or replaced if they become inoperable for any reason. The appliances that will be repaired or replaced by Landlord, include the refrigerator, stove, washer and dryer, if any. Additional appliances that have been provided for use by Tenant may not be repaired or replaced if they become unusable. Any repair or replacement of appliances that is necessitated by Tenant's lack of care will be paid for by Tenant. 11. Rules and Regulations; Tenant agrees to obey all rules and regulations for the leased premises. If Tenant violates any rules or regulations for the leased premises, Tenant violates this lease. 12. Landlord's Right to Mortgage the Leased Premises (Subordination): Subordinate and subordination are legal terms that mean that this lease does not have any effect upon the rights of the Landlord's mortgage company. In other words, Tenant's rights under this lease are subordinate to Landlord's mortgage company. If Landlord does not make the mortgage payments, the mortgage company may have the right to end the Landlord's ownership of the leased premises. If the mortgage company sells the leased premises at a mortgage foreclosure sale, the lease may 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 the landlord's mortgage. 13. Care of Leased Premises: Tenant is responsible for, and will take good care of, the leased premises and all of the property in and around the leased premises. Tenant agrees to pay for 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. If the Tenant shall continue in possession of the premises after the expiration of the lease term, at the option of the Landlord, such holding over may be deemed a renewal of this agreement for another like term, the same as though a new lease, identical to this one, had been executed by both parties for a succeeding term. Tenants' initials 5of9 Tenant is responsible for keeping the leased premises in a reasonably clean condition throughout the lease term. If at any time Landlord finds that the premises is not being kept in a clean condition Tenant will have the option of either returning the premises to the level of cleanliness that it was at the beginning of the lease term, or in the alternative, Tenant shall reimburse Landlord for cleaning services which will be provided in order to get the premises cleaned. Tenant wil be mindful of safety and security at all times: Secure house when away, turn off all appliances when away, notify landlord immediately of problems, keep batteries in smoke alarms, use appliances as per instructions. 14. Landlord's Right to Enter Leased 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 and to show the leased premises to others. Tenant agrees that Landlord, property manager or other agents identified to Tenant by Landlord, may make frequent inspections by scheduling appointments, in order to insure that conditions are safe, sanitary and in compliance with lease terms. 15. Utility Services: Landlord and Tenant agree to pay for the charges for utilities and services supplied to the leased premises as follows: charge or service un d by telephone cable television T electricity water and sewer t- natural gas trash collection ,-q Tenants' initials 6of9 lawn maintenance '14 snow and leaf removal _L parking fee pest control charges - I-heating oil NSA other: As for any utilities which are to be paid by Tenant by reimbursing the Landlord each month, payment will be made within one week of presentation of the bill to the Tenant. 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. 16. Governmental Power of Eminent Domain: Eminent Domain is the legal name for the right of a government such as the state or county or city to take private property for public use. The government must pay fair compensation to anyone who has any right in the property that is taken by the government. 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 automatically. Landlord and Tenant agree to release one another for any responsibility because leased premises were taken by eminent domain and the lease has ended. 17. Violations of this Lease: When either Landlord or Tenant does not do something that they have agreed to do, it is a violation of this lease. If Tenant violates this lease, Tenant may lose Tenant's security deposit. If Tenant violates this lease, Landlord also 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. Tenants' initials 7of9 This is a joint and several lease. This means that all of the Tenants as a group and each of the Tenants as an individual are responsible to the Landlord for all of the agreements of this lease. For example, if the rent is not paid, Landlord can sue all of the Tenants (jointly) for any unpaid rent. In addition, Landlord can bring a suit against any one Tenant separately (severally) for all of the unpaid rent. Tenant violates this lease if Tenant: 1. fails to pay rent or other charges to Landlord on time; 2. leaves (abandons) the leased premises without the landlord's permission before the end of the lease; 3. Does not leave the leased premises at the end of the lease; 4. Does not do all of the things that tenant agrees to do in this lease. If Tenant violates the lease, each Tenant agrees to waive notice to quit. This means that the Landlord may file a complaint in court asking for an order evicting each Tenant from the 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 to sue in court for eviction unless a Tenant has violated the agreements 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. If Tenant violates the lease agreement, the Landlord may sue each tenant in court: 1. to collect overdue rent, late charges and money damages caused by tenant's violation of the agreements of the lease; 2. to recover possession of the leased premises (eviction); or 3. to collect for unpaid rent until the end of the lease or until another person takes possession of the leased premises as a new Tenant. Tenant agrees that landlord may receive reasonable attorneys fees as part of a court judgment against tenant for violation of the agreements of the lease, in addition to interest on any money owed. Any failure to enforce any of the rules of the lease agreement or any of the conditions contained in the lease shall not in any way be considered a waiver of the right to enforce the rules and conditions in the fixture and therefore Landlord may enforce all rules and conditions regardless of whether or not they had been enforced previously during the lease term. 18. Radon gas disclosure: J --T Tenants' initials 8of9 As required by law, Landlord makes the following disclosure: Radon gas is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, it may present health risks to a person who is exposed to it over time. This is particularly common in places that are tightly sealed and do not have ventilation. Additional information regarding radon and radon testing may be obtained from the county public health unit. 19. Lead paint disclosure Every Tenant of a residential dwelling that was built prior to 1978 must be notified that such property may present exposure to lead from lead based paints that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence, behavioral problems and impaired memory. Lead poisoning also presents a risk to pregnant women. The Landlord of any residential property built prior to 1978 is required to provide Tenant with information on lead based paint hazards that exist in the property if he or she is aware of any. Landlord shall provide Tenant with any information regarding such risks in the event that Landlord becomes aware of the existence of lead problems with the property. 20. By signing this lease agreement, each Tenant agrees that the Tenant has read and understands all of the agreements in this lease. DATE: I d 3 DATE:Ild 3 1014 DATE: 2 3 vz/ DATE: DA e0l i tore of Landlord Sign e of Tenant Signature of Tenant /; 4 61 Tenants' initials 9of9 EXHIBIT "B" LEASE ADDENDUM TO USE AUGUST RENT AS ADDITIONAL SECURITY DEPOSIT Leases for apartments 1, 2, 3 and 4 at 22 North Hanover St. and the apartment in the rear of 24 North Hanover St. Carlisle, PA 17013, shall hereby be addended to provide that the rent for August 2005 shall be paid in August 2005 and shall be held in escrow with the security deposits that have already been paid. This will provide a security deposit equal to two months rent for each apartment, and it will provide for rent free occupancy during August 2005. At the conclusion of the lease at the end of July 2006, the security deposit will be refunded according to the terms of the lease. All other lease terms will remain unchanged. 22 North Hanover St. Apartment #1 Date: D/ Date: Date: I2 k4y A& Grego lliott ar? Date: 0?3 6S STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-8749 CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff STEPHANIE E. CHERTOK Plaintiff V. GREG ELLIOTT, TIMOTHY L. DIPIETRO AND JOHN MCDERMOTT, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Stephanie E. Chertok, hereby certify that a true and correct copy of the Plaintiff's Complaint was served this date on the Defendants by personally hand-delivering it to the office of the Defendants' attorney: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 Date: to ani hertok, squire PA up. ID No. 52651 Cindy L. Hribal, Esquire PA Sup. Ct. ID No. 202325 61 W. Louther Street Carlisle, PA 17013 (717) 249-1177 Attorneys for Petitioners gm { ? 5 F TnESTATAFEQ nrel\Cm \I2143.I.M Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Defendants STEPHANIE E. CHERTOK, Plaintiff v GREG ELLIOTT, TIMOTHY L DIPIETRO and JOHN MCDERMOTT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 4526 CIVIL TERM JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO: PLAINTIFF YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Strict proof is demanded at trial. 10. Denied. The document speaks for itself. 11. Denied. The document speaks for itself. 12. Denied. The document speaks for itself. 13. Denied. The document speaks for itself. 14. Denied. The document speaks for itself. 15(a-1) Denied pursuant to Pa. R.C.P. Rule 1029(e). 16. Admitted in part and denied in part. It is admitted that a Notice to Quit was posted on the door of the Premises, but the remaining allegations are denied in that Plaintiff did not make repeated attempts to convince Defendants to conform their behavior. By way of further response and after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment as it relates to who posted the Notice and the same is therefore denied. Strict proof is demanded at trial. 17. Denied pursuant to Pa. R.C.P. Rule 1029(e). 18. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Strict proof is demanded at trial. 19. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Strict proof is demanded at trial. 20. Denied. Plaintiff retained the security deposit. 21. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Strict proof is demanded at trial. 22. Admitted. 23. Admitted. By way of further response, all Defendants did not receive proper service of the hearing until after the hearing occurred. 24. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Strict proof is demanded at trial. 25. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Strict proof is demanded at trial. By way of further response, Plaintiff was awarded damages against the Defendants who were not properly served with notice of the hearing. WHEREFORE, Defendants demand judgment against the Plaintiff and request that this Court dismiss Plaintiff's Complaint with prejudice. Defendants demand that this matter be heard according to the state and local rules of Compulsory Arbitration as the damages are below the jurisdictional limit. COUNT I - TRESPASS 26. Defendants' answers to Paragraphs 1-25 are incorporated herein by reference. 27. Denied pursuant to Pa. R.C.P. Rule 1029(e). By way of further response and after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Strict proof is demanded at trial. 28. Admitted. Defendants reimbursed Plaintiff by way of the security deposit. 29(a-o) Denied pursuant to Pa. R.C.P. Rule 1029(e). 30. Denied pursuant to Pa. R.C.P. Rule 1029(e). By way of further response and after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Strict proof is demanded at trial. WHEREFORE, Defendants demandjudgment against the Plaintiffand request that this Court dismiss Plaintiff s Complaint with prejudice. Defendants demand that this matter be heard according to the state and local rules of Compulsory Arbitration as the damages are below the jurisdictional limit. COUNT II - BREACH OF CONTRACT - LOSS OF RENTAL and UTILITY PAYMENTS and FAILURE TO PAY FOR DAMAGE CAUSED 31. Defendants' answers to Paragraphs 1-30 are incorporated herein by reference. 32. Denied as a conclusion of law. 33. Denied. The document speaks for itself. 34. Denied. The document speaks for itself. 35. Denied. Defendants reimbursed Plaintiff by way of the security deposit. 36. Denied as a conclusion of law. 37(a-o) Denied pursuant to Pa. R.C.P. Rule 1029(c). 38. Denied pursuant to Pa. R.C.P. Rule 1029(e). By way of further response and after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Strict proof is demanded at trial. WHEREFORE, Defendants demandjudgmentagainst theplaintiff andrequest that this Court dismiss Plaintiff's Complaint with prejudice. Defendants demand that this matter be heard according to the state and local rules of Compulsory Arbitration as the damages are below the jurisdictional limit. NEW MATTER 39. Defendants' answers to Paragraphs 1-38 are incorporated herein by reference. 40. Plaintiff has failed to mitigate damages. 41. Plaintiff s action against Defendants are bared by the doctrine of waiver. 42. Plaintiff s action against Defendants are bared by the doctrine of estoppel. 41 The Complaint fails to state a claim upon which relief can be granted. WHEREFORE, Defendants demand judgment against the Plaintiffand request that this Court dismiss Plaintiff s Complaint with prejudice. Defendants demand that this matter be heard according to the state and local rules of Compulsory Arbitration as the damages are below the jurisdictional limit. MARTSON DEARDORFF WILLIAMS & OTTO By 5, - Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: 8 a$ ?0 ?o Attorneys for Defendants VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Timof ry L. DiPietro F TMEMATAFILE\G?rellCUrr W 2141. L. VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Greg Elliott F'\RUMATAFJLMG.,OLl eNU2141.1.. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO L By Mrj M. Price T East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 1???0 o P-4 o C- ? T r 1, r' cy nz r- _ rr C11 c. _ cn STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-8749 CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff STEPHANIE E. CHERTOK, Plaintiff V. GREG ELLIOTT, TIMOTHY L. DIPIETRO AND JOHN MCDERMOTT, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0& - q570 (0 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER NOW COMES the Plaintiff, Stephanie E. Chertok, Esq., by and through her Attorney, Cindy L. Hribal, Esq., and files this Answer to Defendants' New Matter, and in support thereof state as follows: 39. No response required. 40. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the matter stated. Strict proof thereof is demanded at trial. 41. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the matter stated. Strict proof thereof is demanded at trial. 42. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the matter stated. Strict proof thereof is demanded at trial. 43. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the matter stated. Strict proof thereof is demanded at trial. WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, in excess of the jurisdictional limit together with costs and interest and such other relief as this Honorable Court may deem appropriate under law, said amount being necessary to place Plaintiff in the position she would have been in had Defendants not damaged or destroyed the above- mentioned property. Dated: -6 - Respectfully submitted, Stepl ani hertok, Esquire Supreme urt I.D. No. 52651 Cindy L. Hribal, Esquire Supreme Court I.D. No. 202325 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-8749 STEPHANIE E. CHERTOK Plaintiff V. GREG ELLIOTT, TIMOTHY L. DIPIETRO AND JOHN MCDERMOTT, Defendants. CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D 6 - t/s- o CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esquire, hereby certify that a true and correct copy of the Plaintiff's Complaint was served this date on the Defendants by personally hand-delivering it to the office of the Defendants' attorney: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 Date: _! -nro 0 e- EXC erto , Esquire PA S Ct. No. 52651 Cindy L. Hribal, Esquire PA Sup. Ct. ID No. 202325 61 W. Louther Street Carlisle, PA 17013 (717) 249-1177 Attorneys for Petitioners c? ? o c^ ? -?, -r? r 'om ? rn _?t -r; 1=C hJ :? ?.' 1 ;; :t STEPHANIE E. CHERTOK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GREG ELLIOf TIMOTHY L. DIPIETRO and NO. 4526 CIVIL 20 06 JOHN McDERMOTT, Defendants RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Christopher E. Rice I counsel for thexgkwWdefendants in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 11,197.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Cindy L. Hribaj, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MART/SOON DEARDORFF WILLIAMS OTTO GILROY & FALLER By l_,pil... S vz, Christopher E. Rice, Esquire ORDER OF COURT AND NOW, , 200____, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY t t1? ? C 'N t" STEPHANIE E. CHERTOK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. GREG ELLIO? TIMOTHY L. DIPIETRO and NO. 4526 CIVIL 20 06 JOHN McDERMOTT, ' Defendants RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Christopher E. Rice ,counsel for the( i ffif defendants in the above ammi action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 11,19 7.00 The counterclaim of the defendant in the action is The following attorney9 are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Cindy L. Hribal, Esquire WHEREFORE, your petitioner prays your Honorable Courtto appoint three (3) arbitrators to whom the case shall be submitted. Respectfiilly submitted, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER By CZA-"(- S k Z, Christopher E. Rice, Esquire ORDER OF COURT AND NOW, -j a 1 , 200 1 , in consideration of the foregoing 16. petition, Esq., and - &V-" Esq., and. g g 11 ,Esq., are appo' d arbitrators in the above captioned action (or actions) as prayed for. By Dort, B.? Y ?? ;R RE t3C! UJQ W th? U- ct) a- 4z C STEPHANIE E. CHERTOK, COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GREG ELLIOTT, TIMOTHY L. DIPIETRO AND JOHN MCDERMOTT, DEFENDANTS 06-4526 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of February, 2007, the appointment of Edward L. Schorpp, Esquire, as chairman on the Board of Arbitrators in the above- captioned case, IS VACATED. Gregory B. Abeln, Esquire, is appointed in his place. By the ,06urt, Edgar B. Bayley, J. Gregory B. Abeln, Esquire Court Administrator :sal coo au"" 9 Q ' CYN T L , c ate. ". STEPHANIE E. CHERTOK, COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GREG ELLIOTT, TIMOTHY L. DIPIETRO AND JOHN MCDERMOTT, DEFENDANTS 06-4526 CIVIL TERM ORDER OF COURT AND NOW, this day of May, 2007, the appointment of Marlin Markley, - Ls?_ Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. Michael J. Whare, Esquire, is appointed in his place. By the Court, Edgar B. v,6regory Abeln, Esquire Chairman /M ichael J. Whare, Esquire Curt Administrator 40 DO „v. ?< In The Court of Common Pleas of Cumberland Plaintiff Defendant Civil Action - Law. County, Pennsylvania No. Cv G - tS C? Oath We do solemnly swear (or affirm) 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. Signature Si e Signature Name (Chairman) Law Firm Address City, zip 1Ae?.• Ala-c?Ud, Name G+ C..eA 1:- GC',4.s}?aILC Law Firm Address city, zip # 18g5,? A.ward AC44it-1 J Why f? Name L?iV,r 0!`Frt? j ?1c Mctal V?ar Law Firm 37 <)L Address City, zip 4 10o(q -* do4t#6 . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing:. (Chairman) Date of Award:_ Notice of Entry cf A.wzrd Now, the day of , 20_0_, at a .37 P .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. 1bItral-s' : nm-nansatintl %Cl be raid "upon a-oDeal: S-_?? Op Prothonotary Depury 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.) COP .'` ??? 01 L el ,? Vit .5 &r, 0 CD ?i Landlord $19200.00 for June 2006 rent $1,200.00 for July 2006 rent $1,090.00 late fees $10.00 for lost key $58.76 for electric utilities $256.39 for dinning room wall and window repairs Tenants $1,200.00 for June 2006 rent $1,200.00 for July 2006 rent $0 $10.00 for lost key $44.47 for electric utilities $256.39 for dinning room wall repair and window repair $350.00 to replace the door that was destroyed $300.00 to replace antique glass chandelier 1 $75.00 to remove gum stuck in doorbell $100.00 for hauling away furniture and debris that was left behind. $6,835.00 for general expenses $90.00 for Tuckey Restoration Company $121.68 for filing fees/court expenses $200.00 for attorney fees Damages Claim in Complaint $11,197.00 Security Deposit -$2,400.00 $0.00 $0.00 $0.00 -- *S-5"0 = Cp2,?Si ©d $0.00 4,9o , ob $0.00 ?Z (,, doe $0.00 ? 900 - OO ©o-Tt -$2,400.00 $8,797.00 $860.86 11111IGTa (mi't w s o dons: ??k 6 STEPHANIE E CHERTOK, Plaintiff, V. GREG ELLIOTT, TIMOTHY L. DIPIETRO AND JOHN MCDERMOTT, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4526 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO SATISFY, SETTLE AND DISCON]'INUE TO THE PROTHONOTARY: Kindly mark the Judgment entered against Defendants in the above-captioned matter in the amount of $8,607.54 satisfied and paid in full. Respectfully submitted, Date: l a Q PA Sifipre&Xt. I.D. No. 202325 61 W. Lowther St. Carlisle, PA 17013 (717) 249-1177 Attorney for Plaintiff STEPHANIE E CHERTOK, Plaintiff, V. GREG ELLIOTT, TIMOTHY L. DIPIETRO AND JOHN MCDERMOTT, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4526 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a copy of the Praecipe to Satisfy Judgment has been served upon the following on the below date, by depositing a copy of the same in the United States Mail, first- class, postage prepaid, as follows: Christopher E. Rice, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Date: la/©? ?L. 02325 61 W. Louther St. Carlisle, PA 17013 (717) 249-1177 Attorney for Plaintiff /-A?/' Cin gal, Esquire PA e Ct. I.D. No. 2 c .-