The URL can be used to link to this page

Home My WebLink About94-03598 ~ '! !( I. !'., I' . ~ 1>> - ,t&,. I.tl, '1 ;., \ ... '1 .~ fol-. j ;..'1 " \\ h[ I. :"'.:/ \!\; '. l; I' RICHARD 1.. WEnnER, JR, Anumey 01 Law 306 Green Sprilll: RUlld 1'.0. BOK 4U N~wyil1e, PA t77.41.()()4() Telcpl'''':c (717) 716-6'66 F^" 1117)'176.6056 April ~. 1996 VIA PACSIMTI,[ AND U.S. HAIL Tho.A8 Ch"frino. Court Administratur cUH8E~LAND COUNTY COU~THOU~F - 4~h Floor I CourthouBe Squ8ru Gal'l.1..I", f'" 171113 RE: 1'1a,11l v. I' II~"II\" No. "01-369" ,'LVi] Term D~ar Hr, Cherfln.: Thi. lett."" iM tn "nnfirm t.he Hubst.8nl:' of my telephorl'! conver8allon to your !'eC'r~t.H.I'Y on MUUrlllY, ApI I 8, 19~)6 in wh'l,"'n I indicated that. the l\bnv,,-.:nptioned clue 1 .,'; Bett.led. Th" p..rti... have ex""ute<l a Mut.ual Rel..e." which i' ,,01ve.. the i.."ea rallied in both t.he Compll\int. and the COUllt. . <'laim. You ....Y therefore remove t.he "Ase f, ,)III the 8cheduled I' j 4\1 date ot "~r 3'- 1998 at 9: 30 a. II. It we. t.o be heard by Judll" F...vin A. H...: . Thank you for )'our at! ,'nt ion t.o t.h 1a mat., , . Sincer(!ly, . ;fk,.~~...../,,( ! -./"aj Richard L. Weti...r, Jr. RLW,JH/t.w .:c: The IIQnorllble Kevll\ A, lilt.. Hr. and Hro. Trn~ PiazzM 1"2 , failed to pay rent for the remainder of the term. Defendants have refuaed to pay the late chargea. Defendants. through their actions and/or inaction., cauaed damage to a bathroom, floor, walls and carpet. Defendants have filed a counterclaim, alleging that they were constructively evicted due to haraasment by Plaintiff., Defendants also claim monetary losses for items deatroyed in a garage fire at the premises. 2. BASIC FACTS AS TO DAMAGES Plaintiffs claim the following damages and cost.: Unpaid rent Late fees - $ 5.00 per day from May 6, 1994 to date Damage to bathroom Labor to refinish bedroom floor Patch and repBint screw holea Labor Cleaning carpet General cleaning of premises Equipment rental SupplieB Filing fee - District Justice Minus Becurity deposit . 600.00 3,290,00 395,94 150.00 60.00 50.00 60.00 40.00 61.08 67.17 + 53.00 $ 4,827.19 - 400.00 . 4,427.19 ., ". , 3, PRINCIPAL ISSUIS AS TO LIABILITY AND DAHAOIS A. LIABILI1'Y Issue II) Whether Defendants were constructively evicted from the premises on June 1, lYU4? (2) Whether Plaintiffs are liable for Uefendants' fire lo.s where Defendants failed to .aintaln in.urance coverage (in violation of the Lea.el and where Plaintiff~ were not obli.ated to in.ure Defendant'h personal property? B. DAMAGES l..uY. It (1) To what extent can PlaintlffM recover late charge. of . 5.00 per day? 4. LEGAL ISSUES REGARDING ADMISSABILITY or EXHIBITS AND TISTIMONY Plaintiff. do not anticipate any legal Is.ue. concernin. the adals.ability of te.timony and/or evidonce. II. WITNESSES (a) Donald L. Flagle, 11 (bl Amanda Flagle (c) Any witnes. called by Defendant 6. EXHIBITS (a) Lease (b) Photograph of hardwood floor (c) Letter from Oefendants (d) Invoice from Souder's Plumbing , ' , , .~ '.1 '. 1 , ,I , ., " . fEe 2 3 199Gc~ . . , the month of May in an eftOrt to set Landlorda to comply with the leue. Amona thOle problema are the foUowina. I. Prior to lianlns the leue, Plaintiff. made numerou. repreacntatioRl to Defendant. Ibout the leued premiae.. For example, Defendants were concerned about the numerou. old window. and their effect on heatina bill. in the winter. Plaintiff. repreaented that they had .tonn windowa for all of the windows in the apartment. lUId that some of the window. were to be replaced before winter. However, Plaintiff. had no stonn windows for any of the window. and inltead, at Defendants' fllQueatI, made W.fittina "stonn windows" by stapling plutic to wooden trunea for some of the windows. Additionally, no windows were ever replaced. AI I result, Defendants eventually incurred excessive heating bill. (Iveraging nearly $200 for December, January, and February). Additionally, Plaintiffs repreaented that access to the attic wu going to be installed in Defendants' bedroom. Thi. wu never done. 2. The lcue ststes "Off.Street parking for two vehicles provided by LANDLORDS." In fact, Landlords never owned any area for off.street parking. Landlords kept delaying I deciaion on the matter 10 Tenants thus purchased on-street parking pennits for their two vehiclea through December, 1993 for a price of $48. According to Borough policy, parking pennits had to be purchued for I period ending on the lut day of the year. Thus, in January, 1994, Tenant. would hive had to purchase parking for I whole year at a cost of $96. Tenants chose not to purchaae plrking pCInnits for 1994 because of the unlikelihood of remaining in Newville for more than six months and because they could not afford thlt amount It thlt time. Thus, Tenants had to park further aWIY in non-metered parking or pay for metered parking. Landlord. offered to reimburse TerwrtI for parking pennitI in the spring of 1994. However, by thi. time (over six montha) Tenants had di.posed of the original receipt and only had I couple of montha left in the area. .2. ~ 3. The Ieue IItIteI"Snow removal provided by the LANDLORDS in accordance with Boroup codea." It fUrther IItIteI"LANDLORDS will provide IIIOW removal, arua mowlna, and other yud work in return for TENANTS to keep (1Iic) all tralIlc to deaijpllted walkw.y.... Landlorda liiIed to provide even minimallIIOw ranovaJ. Landlord. would remove aIllllow from the lidewalb ladina to their doon, but not remove the 1II0W from the lidewalk leadina to Tenanta' door. Theao faiJura cx:curred wdI after the bIizzarda and IIhortIy after TenantI made demand. about their half-bath beina repaired. 4. The Ieue ItaIeI"Lawn care provided by LANDLORDS in aa:ordance with Boroup codea." It Il.uther IItIteI ''LANDLORDS will provide snow removal, 81'11I mowing, and other yard work in return for TENANTS to keep (lic) all traffic to designated walkways." Landlord. failed to adeqllltCly maintain the yard in IICCOrdance with the lease. Landlords told Tenants (both prior to and after sisnina the lease) that the backyard could be used for barbecues, Iayina in the lUll, etc. However, Landlord. failed to clean up after their dog. Thi. left the yard in an unuuble condition because of all the dog feces. S. The lease statea "Storage for household items is provided by the LANDLORDS." Thus, Landlords stored various items belongina to Tenants in his "barn" located behind the .p.rtment. Thi. barn contained mostly items belonging to Landlords. In August, 1993, the barn caupt fire snd most of the items in the barn were completely destroyed or smoke-damaged. On numeroua occuiolll, both immedi.tely after the fire and continuing for several monthl, Mr. F1aaIe represented that his inaurlllce would cover everything, including those items belonging to T enanta. Mr. F1agIe a1Jo told Tenants that Landlords' insurance wu going to pay S2S0 for the damage caused to Tenants' property. Mr. f1IaIe even told Tenants that thia unount could be deducted from the rent. Re1yina on these staIernents, Tenanu never flied a claim with their insurance company. L., December, .3. ,. ~ 1993, Landlord retUaed to allow a deduction bued on this promise because It wu the CIu;atmII aeuon. In Iuwary, 1994, Landlord. for the tint time infonned Tenants that Landlords' iJUUrlllCC would not cover the damase to Tenants' property. By this time, it wu too late for Tenant. to ftle any c1aima with their own insurance company. 6. Landlords fii1ed to repair the downatain haIf-bath. In 1anuary, 1994, the pipe. in this room &07.0. The heat WII turned up u high it would go in the apartment, although the electric heater in the half-bath wu not turned on. The door to the bathroom was open. The temperature in the IpIrtI1IeRt wu cool (RQuirins a sweater), but by no means cold. At Landlord. request made at least OIlC week prior to this incident, TCIIU1ts had pluUed in a type of pipe wrapping that heated the pipe. in the haIf-bath (the pipes had frozen prior to Tenants taking poaseaaion). Upon being notified of the frozen pipes, Landlord lost hi. temper and tore the vanity off the wall and tore apart the floor to get at the pipe.. Landlord discovered that the pipe wrapping was not working and thus .pent approximete1y ten minutea with a hair dryer on the pipes. This SQlved the problem. However, de.pite Tenants' requests, Landlords never repaired the half-bath, leaving a vanity that swayed (since It was not attached to the wall) and a hole in the floor. AJ a result, Defendants refused to use this room because they believed it to be dangerous and unsightly. 7. Landlords failed to make numerous other repairs in a timely manner, If at all. Tenants freezer did not adequately freeze foods. For example, Tenants could not keep any type of ice cream. Landlord failed to fix this problem. The sprins on the sc:reen door broke causing It to "flap" in the wind. This was not fixed for several weeks and Landlord. complained to Tenant. about the door sIammina in the wind in the meantime. Tenants mailbox was small and allowed rain to saturate any Iettera left by mail carriers. Landlords took nearly six months to remedy this problem. Landlord. also failed to repair leak. in the window of the second bedroom and in the ceiling below the upltaira .4- ~ Can Landlords prove that Tenanll cauaed any damaae to the leued premiaes? m, SUMMARY OF LEGAL ISSUES, A. Can Tenanll withhold rent where Landlord falls to materially perform under die loue? Where a landlord fails to perform under a loue, a tellllll hu lOVeral options available. (I) Upon the IlIId10rd's failure ofperfonnance, the telllllt can perform it at his own expelllO and deduct the colt of such performance from the amount of rent due and payable; or (2) the tenant can surrender the pouellion of the premillOs to relieve himlOlf from any f\uther payment of rent; or (3) he can retain poueuion of the premillOl and deduct from the rent the difference between the rental value of the premillOl as it would have been if the loue had been fully complied with by the landlord and ill rental value in the condition it actually was. Paweo Ine V Be~sman Knittinll Mills 283 Pa. Super. 443 (1980). Tenants, in the cue at bar, chollO thia third option, Thus, if this court finds that the combined acts and omiuiona of Landlords conatitute a material brw:h, Tenants were justified in withholding rent. B. Should Landlords be allowed to uae pictures as evidence or otherwiae where these pictures were obtained by Landlords entering the apartment without giving Tenant. notice and in the abllOnce of an emergency? On June I, 1994, Mr. Flagle waited for Defendants and their guests to leave the apartment to attend a district justice hearing. Then, once they left, Mr. Flagle entered the apartment for the purpollO of taking picture.. No notice was given. No emergency existed. This not only brCKhed the terms of the loue, but also brCKhed the Defendants' right to privacy and to quiet enjoyment of their home. Plaintiffs SClCk to UIlO theae pictures in court. This court should not permit Plaintiffs to uae thellO picture.. Allowing Plaintiff. to uae theae picture. condone. Plaintiff. behavior and encouraaes future disregard for their tenants' rights. This is snalogous to evidence obtained in an .6. 1 lIIeplleU'ch UId Hizure. AI in crlmIna1 cues, this "ltuIt of the poilOnous tree" should not be allowed. Should Land10rda be estopped from refusing payment to T enanta for damaaed items where Landlords made numerous repreacntatlona to Tenants that Landlord.' inIunnce would cover Tenants' damaaed property and where Tenants reuonably relied upon theae repreaentatlona in not filina I claim under their own Il\IlII'ance policy within the required time limit? In August, 1993, Plaintiffs' barn causht on fire and caused damage to 101M of Defendanta' perlOnal property. Plaintiffs told Defendants that Plaintiffs Insurance would cover Defendanta' 10110I. Plaintiffs restated this promiaellCYerai times over the next couple of montha. plaintifti additionally told Defendants that Defendants' damages had been UIClssed It $250 and that this amount could be deducted from the rent. Defendants Ittempted to deduct this amount from December's rent, but did not at Plaintiffs' request due to the impending Christmu season. Then, in January, 1994 (nearly five montha after the fire), Plaintiffs told Defendants for the first time that Plaintiff's' insurance would not cover Defendants' losses. Defendants reuonably relied upon PIaintifti' IIUIIICI'OUI representatlona in not filins I claim with their own insurance company. By the time plaintifti infonned Defaldanta about the lack of coverlge, it was too lite for Defendants to file such I claim. This Is I clear CIICl of estoppel. Plaintiffs should now be estopped from denyina plyment of the $2S0. D. C. Should Tenants be forced to p,y rent for the two week period remainina in the leue and after they abandoned possession where Tenant. moved out becauae of Landlords menacing behavior and physical threats of violence? Tenanta should not be forced to PlY rent for any period remainina under the lease after they .7. . . IlbIndoned pol.ran. TIIIIlIlU moved out beclUN Mr. F1q1elntimidated and threatened TenantI. "A wamnty ofhabitabUity il implied In all Midenualleuelln WI Commonwealth. by the tennI of which tho landlord WlITIIlll that the leued premi... will be free of defecu . of I nature and kind which will prevent the UN of he dwe11ina for ill Intended purpo.. to provide premllel ftt for habitation by ill dweUen,''' IClIri81M'V CranllM'. 345 PI. 595, 606 (1985). Mr. F\aalO'1 ac:tiORl conltitulett I breach of the implied covenant for tho quiClt enjoyment of the apartment becau.. TenantI no \onp' felt life In their home and feared for thowety of their pelland penolll1 property. BreIChea ofthil implied covenant CORlUtute an evic:tion for which the Landlord illiable. 11II ~ V MiIIlM' 249 PI. 314 (1915), dt.d in ICllrl8l!r. 345 PI. 595. IV. WITNESSES TO BE CALLED. 1. Troy A. Piazza, Defendant. 2. Kim M. Piazza, Defendant. 3. Chriltopher 1. Piazza. 4. Ro.. M. Piazza. 5. Defendant requeatl the ability to amend WI lilt upon advanc:e notice to the court and Plaintiffs. V. EXHIBITS. D . 1. The I.... qreement. D . 2. Adverti..ment In Carlisle Sentinel reprdina the apartment for rent. D. 3. Letter from Defendantl to PlaintitTa dlted 3/31/94. D.4. Letter from Defendantl to Plaintiff I reprdlna withholdina rent. .s. .. D - 5. CuhecI checka for rent. D - 6. CuhecI c:hecka for electric bW.. D - 7. Letter &om PlaintItTllO Defendanll dated 6/29/94. D - 8. Defendant.' inaurance policy. D -9. BW Itom D.A.B. Builder. &; Home Improvemenu. D - 10. BW Itom Souder'l. D - 11. BW from Pague &; Fepn Hardware. D - 12. Letter from R.L. Webber, Ir to Defendanu dated 4/7/94. Defendant requelll the ability to amend thil lilt upon advance notice 10 the court and Plaintiff.. VI. STATUS OF SETTLEMENT NEGOTIATIONS. Prior to ubitrllion, DefendantlIJIIde . verbal offer of $300, which wu not accepted. Later, after arbitration, PWntiII'I' offered to aett10 for $900 (prior judgement wu for leu than $800). Defendanu' counter-offered with $400 in sett1ement of all claims and counterc1aimJ. P1aintift'. did not I'elpond to thi. counler-ofl'er. Respectfully Submitted, Dated: .J/J,J 19h , ,~I /[~it Troy A. Piazza Pro Se for Defendanu 20 CIUIIt 51., Apt. A Enol.. P A 17025 1 , I' .9. . .' , f . . . .,1. ~ i' . - j \ LEASE o\~ Thi. agreement i. made the 15th day of Jun./ 1993 b.tw.en DOIIALD .ad AMAJrDA I'LlI.GLa .. LANDLORDS and TROY PIAIZA ead KIM ADDIN~ON a. TENANTS. By thie agre.ment the LANDLORDS 1.... to the TENANTS the ap.rtm.nt at 65 South High Str.et, N.wvill., penn.ylvani. to b. u..d a. a r.eid.nce .nd for no other purpo.e for the t.rm of on. y..r b.ginning the fifte.nth d.y of Jun./ One Thoueand Nin. Hundr.d and Ninety Thr.e (15 June 1993) and .nding the fifte.nth d.y of June/ One Thoueand Nine Hundr.d and Nin.ty Pour (15 Jun. 1994) at the rent of four hundr.d ($400.00) doll.re p.r month, p.yabl. in advance monthly on the fint and not l.ter than the fifth of .ach month in equal in.tallment. of four hundr.d ($400.00) doll.r. to Donald and Amanda Flagl. at 65 South High Stre.t/ Newville, pann.ylvania or any other place which the LANDLORDS m.y design.ta. R.nt is due without demand. Th. LANDLORDS her.by .cknowledg. receipt from the TENANTS of four hundred ($400.00) doll.rs a. . .ecurity depo.it to be held by the LANDLORDS for the r.ntal term in accordance with the prov1lion. of the P.nn.ylvania Landlord T.nant Act of 1951 .. am.nded. Th. .ecurity depo.it may be u.ed a. deemed nec....ry by t.il. LJUIDLORDS to repc.ir any damage caueAd by TE"~ITS by other than normal u.age of the premi.e. or to r.place .ny mieeing item. or prop.rt.y deem.d mi..ing from ..id ap.rtment. NO PART OF THB SECURITY DBPOSIT IS TO BB CONSIDBRED AS THB LAST RENT PAYMENT DUE UNDBR THB TBRMS OF THIS LEASB. Rent. are due on the fir.t of the month in .dvance. Rent .h.ll be coneidered ov.rdue if not received by the fifth day, .nd the TENANTS agree to p.y . late ch.rge of $5.00 daily .fter the fifth day. ' A check th.t 11 r.turned without payment by the b.nk will not b. con.id.red p.yment for the r.nt .nd all co.t. of that ch.ck will be the r..poneibility of the TENANTS. . If the rent i. not paid when due, or in ca.e of a br..ch or eva.ion or an attempt to break or .vade any part of the agreem.nt/ the entire r.nt for the full t.rm of the lea.e eh.ll b.com. due .nd p.y.ble, and the LANDLORDS may terminate the 1.... and repo.ee.e the premi.e. without any notic. whateoever. ,. , , E.~ A J .. If the LANDLORDS accept any of the rent at any time after it has become due, after default has been made in the payment of the rent, or fail to enforce any of the rights of the LANDLORDS or any of the penalties included, the LANDLORDS are not waiving the right to enforce those rights or penalties at any other time. Attempts to collect the rent by one means does not waive the right to collect it by any other means. If either of the TENANTS become insolvent, makes an assignment for the benefit of creditors, commits any act of bankruptcy, files a voluntary petition in bankruptcy, or if a jUdgement is entered or an involuntary petition of bankruptcy is filed against either TENANT, all the rent for the full term of the lease shall become due and collectable immediately. TENANTS have no right to assign or sublease the premises without prior written permission by the LANDLORDS. At the end of the term stated in this lease, the fifteenth day of June, Nineteen Hundred and Ninety Four, this lease shall be considered terminated. If the LANDLORDS give one month's written notice prior to the end of any term of their intentions to chango the terms and conditions of this leas. and the TENANTS remain J.n possossion of the property after the effective date of this notice, the TENANTS will be considered as TENANTS under the terms and ~onditions of the notice. The LANDLORDS may make adjustments covering any price increases in the cost of utilities or services upon giving the TENANTS one month's notice. IF the TENANTS vacate the premises leaving behind any personal property after a reasonable opportunity to remove it, the LANDLORDS are authorized and empowered to sell and dispose of this property in any manner whatsoever. The LANDLORDS have no liability or responsibility to account to the TENANTS for the disposal of this property. If the either of the LANDLORDS or the TENANTS are membere of the Armed Forces of their respective countries on active duty and the LANDLORD receives permanent change of station orders to return to, or to depart from, or the either of the TENANTS receive permanent change of station orders to depart from, the area where the premises are located, or if either party is relieved from active duty, or if the either party is assigned govsrnment quarters, either party may terminate this lease upon giving at least one month's written notice to the other party with a COPt of the official orders warranting such termination attached to this not ceo If the TENANTS move with the consent of their LANDI,ORDS prior to the termJ.nation date set forth in this agreement, or any renewal thereof, .~ .- ". the TBNANTS must give one month's written notice in sdvance, all rent must be paid prior to the moving date, and one month'. additional rent mu.t be paid at the time of giving notice of the early termination. The TBNANTS will return all keys to the LANDLORDS upon the end of the term of the lea.e. A cherge of $25.00 will be mad. if the key. are not returned on the moving date. The TBNANTS .hall not in.tall any new or additional locks without the LANDLORDS' permis.ion. The premises may be occupied and used as a personal residence by the following person. onlyc Troy Piazza lCim Addington The premi.ee may be occupied by no more then two person. without the written consent of the t.ANDLORDS, and in Buch ca.e the rent may increaBe for the applicable term(s). Utility charges are to be paid and Bervices provided as follows I .., ) " Heating to be paid by the TENANTS ~i~ (Ly....' ...~) Beating of water to be paid by the TENANTS - .,crule HwT .........TEJC. I~"'" Electricity to be paid by the TENANTS Water and .ewer to be paid by the LANDLORDS(see note 1) Tra.h removal to be paid by the LANDLORDS (Be6 note 2) Lawn care providad by the LANOLO~DS in accordance with Borough code, Snow removal pro'Tided by the LANDLORDS in accordance with Borough code. Storage for hou.ehold item. i. provided by the LANDLORDS Off-Street parking for two vehicles provided by LANDLORDS LANDLORDS shall have the right to stop the services of any utilities, temporarily, in the event of a malfunction or to facilitate alterations and or repair., and shall make an effort to notify TENANTS of such .toppage. TENANTS shall not use any method of heating other than that .upplied by the LANDLORDS without LANDLORDS' permiseion. If the premi.e. are totally destroyed or daE.ged by fire, the lea.e ends on the day the TENANTS move out. If the damage i. partial and repairable, the TENANTS may choosB to stay if the damageB can be repaired within a reasonable time. LANDLORDS reserve the right to enter upon the premises at reasonable time. for the purpose of making neces.ary inspection, making repair., or .howing the premises to prospective purchasers or tenant., and to display "for rent" or "for sale" sign.. LANDLORDS shall attempt to notify TEN~ITS in such case. .. , ....j.. " The TBNANTS rent the premhes in their existing "a. 11" condition except tor any repairs and or improvement. scheduled for the premhee, The TBNANTS agree to keep the premiee. in a good etate of pre.ervation and cleanlineee, and ehall contact the LANDLORDS in the event that damage hae occurred or a repair i. nece.eary. No apartment hallwaye or etairwaye ehall be u.ed for any purpoee other than entrance and exit. Common areae will not be u.ed for etorage. TBNANTS ehall not permit objecte to be ewept, thrown, ehaken, or hung from window., doors, or balconiee. TBNANTS shall not use plumbing or electricel equipment for any purpose other than those for which they were aon.tructed. Any damagee to all plumbing equipment cau.ed by mieu.e or negligence will be repaired at the expense of the TBNANT, Floor. will be properly maintained and any rug. furnished by the LANDLORDS will be cleaned upon departure. Washere, dryers, and dishwaehere may be used only with the LANDLORDS' permission. TBNANTS will pay the cost of any or all repairs of any kind whatsoever occurring after the beginning of this lease where the individual cost of each repair ie lees than $5.00. No dogs, cats, pete, or animals may be kept 011 the premieeJ without th~~r written perminion of the LANDLORDS. ?1l~M''''OoJ 1\ c,C._~D .,.,.. ~'A -' ~ . No boats and no motor vehicles other than a licensed private paesenger' automobile may be parked on the premises without the permission of the LANDLORDS. Pe~ission must also be granted by the LA!IDLORDS to pull, drive, or park any such vehiclu on said premises. -TENANTS shall not make or allow dieturbing noise to be made within the premises that annoys other tenants or neighbors or interferes with their right of quiet enjoyment. No instrumente that create or reproduce sounds that may be heard beyond the confines of the premi.es shall be played between the hours of 10 p.m. and 8 a.m. TENANTS shall not do or allow any activities injurious to the premises, or the other tenants, or which are illegal, or which will adversely affect the LANDLORDS' insurance on the property unles. the damage or injury results directly from the LANDLORDS' gro.. negligence. It is required by the LANDLORDS that the TBNANTS have rsnter's ineurance on their personal property. Note 11 Water and Sewer is provided by the LANDLORDS provided that the TENANTS do not grossly overuse water service and notify the LANDLORDS ot anr malfunctioning faucets and or toilets. The average usage ie 7,000 9a lons per quarter for this apartment. The TENANTS will pay for any water usage above 15,000 gallons per quarter. " .,..-.--.,..-- -... ....--.-...-..____.__. __.M._.__.... ...._. . '} .. II ~...t: f 3 1.,...-. " 'J),~.. '" ~I't 'i~. ~;'.1;. Note 21 Tra.h removal will be paid by the LANDLO~viding that TBNANTS place .ecurely wrapped and tied t~a.h in the de.ignated tra.h area and keep thh and other tra.h (including cigantte butte) from being ecattered around the yard and walkway.. ~ j>n.., ~..tJ i. 1),,-Y S f'C>/C. P"1.'l'( 0".(1. -;..qr....E Note 31 LANDLORDS will provide .now r.moval, gra.. mowin~, and other yard work in return for TBNANTS to keep all traffic to deaignated walkway.. THIS AGMBMBNT IS A BINDING CONTRACT. TBNANT It J\qton fl I 'I :1 'I ;j :j ;$60... ~~I,.reo I)~t. <;3 <<c. 'Q.....,,-. ~ ~" t '-t flc,., T'" ,rt>J 1) !J. .IlI I~' :!u, Additionally, Inlp char~eH UJlJ.l, cul':lIlal..d IIH 1'0110wH: of :5 :ItW.lIl1 n t'(. duo u'fJ of ~II.\Y II, June li. L!J!H 1.0 JuL~' :!6, LV!!I L !Hj.l I. 0 J u I y :! 6, I!! !H :5 L :jlJ . 1I11 t, :!~ll, 1Il) :5 JIlO.Oll 10. T I'll' l.el\SO I'll r I h,' (" plumbiull( ("'Illl1 i.pmeut f..~nuHed b~' bf.~ r(llHllr'cd ut thC'> eXJHHIHP of thnl. uny mlHUHl' or' dUIIII\l!eH to ull n<'llIII!L'nc,> will pro\' ld~'s Tl_'unnts I TI;>nHnl. II. Un or abolll .Jannar"y :!lI, L U\J.1 , t)Al~lr'oolll of ttl~ r)rellllH~H fr'oze. a I'll''' In I.he downHtulrH I~, Thl' pIP" I'I'O~P dill' to Ih,> 'I<'l!lllloncl' of Oel'ondant's a" follows: In) thr> fallu('e i<erosC'rlf~ henter' pflrt ICU la(' day, rcclllesl to do so, of In In und; O"fendnnts to lls" n tho bl\throom on thul spit" of PLaintiff's (b) the flllllll"" of Ot>I','IHI"nt.H mllllltnin tht. tl'mpp("nt.1l1"C 01' the t.o adequately prPIII1,s('.s . 1J. As Il result of th(~ frozen PlPC'!:;, 1'1lliutift's reqlll red t,o eXI'Plld $ Il:lO, UO to I"'S t.o ("e t.he llfllh('oQm to the eondi.tion as ltxisted i.lflrnediat("l~O prIor thl~r'ct(). ~ere saml' I"t, cnll"ed to Plaint It fs for dllma!!es AddlLJ onul.lY, Dr:.fendl,lut,s thl,' pr('1II1HPR as follows: OWl' Labol' to rt>fin lHh b"droom f 100(' ('slet. arl(j repaint Hl~r'pw tlolcs Lubor ClennLtll.( ('ILrpt..'t (h:.nernl CLeUnIrll,f of prCmLSf.':'--; Eqllll'rnl'nt I'pnlal SlIppl LPH $ ISO. ()l) tiU .0lJ 6u.01l till.Oll, ,10. UlI ti l. Of! t,. uti}..JI :5 ,IIlIL ~6 15. Plalllllfl's nre III (.>oss'>"'>llon of the security deposit paid by tho lJel't'ndant.s. $ ,lUU.Oll. ).ti, Uet'eudanls thfl'J'efor.O(\ uwp Plaintiffs a total of $ 1 ,~olH.:!5 as ot' .JlJl~o ~fJ, IH~H, pillS costs unci HddLtLonr.\1. Lutl! t't!:'(!S, caleu Lat,t,\d I\S fo L l 0\.,'::-01: . , --- LBASB This agreement is made the 15th day of June, 1993 between DONALD and AMANDA FLAGLE as LANDLORDS and TROY PIAZZA and KIM ADDINGTON as TENANTS. By this agreement the LANDLORDS lease to the TENANTS the apartment at 65 South High Street, Newville, Pennsylvania to be uRed as a residence and for no other purpose for the term of one year beginning the fifteenth day of June, One Thousand Nine Hundred and Ninety Three (15 June 1993) and ending the fifteenth day of June, One Thousand Nine Hundred and Ninety Four (15 June 199~) at the rent of four hundred ($400.00) dollars per month, p"Yllbln in .,.Ivanc('! monthly on the first and not later than the fifth of each montll in oqual installments of four hundred ($400.00) dollars to Donald and Arnand" Flagle at 65 South High Street, Newville, Pennsylvania or any other placo which the LANDLORDS may designate. Rent is due without demand. The LANDLORDS hereby acknowledge receipt from the TENANTS of four hundred ($1\00.00) dollars as a security deposit to be held by the LANDLORDS for the rental term in accordance with the provisions of the Pennsylvania Landlord Tenant Act of 1951 as amended. The security deposit may be used as de~med necessary by the LANDLORDS to repair any damage caused by TENANTS by other than normal usage of the premises or to replace any missing items or property deemed missing from said apartment. NO PART OF THE SECURITY DEPOSI'r IS TO BE CONSIDERED AS THE LAST RENT PAYMENT DUE UNDER THE TERMS OF THIS LEASE. Rents are due on the first of the month in advance. Rent shall be considered overdue if not received by the fifth day, and the TENANTS agree to pay a late charge of $5.00 daily after the fifth day. A check that is returned without payment by the bank will not be considered payment for the rent and all costs of that check will be the responsibility of the TENANTS. If the rent i~ not paid when due, or in case of a breach or evasion or an attempt to broak or evade any part of the agreement, the entire rent for the full term,of the lease shall become due and payable, and the LANDLORDS may LermLnaLe tho lease and repossess the premises without any notice whatsoever. /O:XllrBfT "^" If the LANDLORDS accept any of the rent at any time after it has become due, after default has been made in the payment of the rent, or fail to enforce any of the rights of the LANDLORDS or any of the penal tie. included, tho LANDLORDS are not waiving the right to enforce those rights or penalties at any other time. Attempts to collect the rent by one means does not waive the right to collect it by any other means. If either of the TENANTS become insolvent, makes an assignment for the benefit of creditors, commits any act of bankruptcy, files a voluntary petition in bankruptcy, or if a judgement is entered or an involuntary petition of bankruptcy is filed against either TENANT, all the rent for the full term ot the lease shall become due and collectable immediately. TENANTS have no right to assign or eublease the premises without prior written permission by the LANDLORDS. At the end of the term stated in this lease, the fifteenth day of June, Nineteen Hundred and Ninety Four, this lease shall be considered terminated, If the LANDLORDS give one month's written notice prior to the end of any term of their intp.ntions to change the terms and conditions of this lease and the TENJ'.~ITS remain in possession of the property after the effective date of this notice, the TENANTS will be considered as TENANTS under the terms and conditions of the notice. The LANDLORDS may make adjustments covering any price increases in the cost of utilities or services upon giving the TENANTS one month's notice. IF the TENANTS vacate the premises leaving behind any personal property after a reasonable opportunity to remove it, the LANDLORDS are authorized and empowered to sell and dispose of this property in any manner whatsoever, The LANDLORDS have no liability or responsibility to account to the TENANTS for the disposal of this property, If the either of the LANDLORDS or the TENANTS are members of the Armed Forces of their respective countries on active duty and the LANDLORD receives permanent change of station orders to return to, or to depart from, or the either of the TENANTS receive permanent change of station orders to depart (rom, the area where the premises are located, or if either party is relieved from active duty, or if the either party is assigned government quarters, either party may terminate this lease upon giving at least one month's written notice to the other party with a copy of the official orders warranting such termination attached to this notice. If the TENANTS move with the consent of their LANDLORDS prior to the termination date Bet forth in this agreement, or any renewal thereof, / the TENANTS must give one month's written notice in advance, all rent must be paid prior to the moving date, and one month's additional rent must be paid at the time of giving notice of the early termination. The TENANTS will return all keys to the LANDLORDS upon the end of the term of the lease. A charge of $25.00 will be made if the koys are not returned on the moving date. The TENANTS shall not install any new or additional locks without the LANDLORDS' permission. The premises may be occupied and used as a personal residence by the following persons only: Troy Piazza Kim Addington The premises may be occupied by no more than two persons without the written consent of the LANDLORDS, and in such ca~e the rent may increase for the applicable term(s). utility charges are to be paid and services provided AS follows: Heating to be paid by the TENANTS II.. I-tE...~i!1t (Ly....'...C Heating of water to be paid by the TENANTS - i,C"Q,~ 1+0, ..,.,...,T[ Electricity to be paid by the TENANTS Water and sewer to be paid by the LANDLORDS(see note 1) Trash removal to be paid by the LANDLORDS (see note 2) Lawn care provided by the LANDLORDS in accordance with Borough code. Snow removal providod by the LANDLORDS in accordance with Borough code~ Storage for household items is provided by the LANDLORDS Off-Street parking for two vehicles provided by LANDLORDS "~J "p" ~.." ... ~ "i #l~C\ ... 3 LANDLORDS shall have the right to stop the services of any utilities, temporarily, in the event of a malfunction or to facilitate alterations and or repairs, and shall make an effort to notify TENANTS of such atoppage. TENANTS shall not use any method of heating other than that supplied by the LANDLORDS without LANDLORDS' permission. If the premises are totally destroyed on the day the TENANTS move ou t . repairable, the TENANTS may choose repaired within a reasonable time. or damaged by fire, the lease ends If the damage is partial and to stay if the damages can be -. '- LANDLORDS reserve the right to enter upon the premises at reasonable times for the purpose of making necessary inspection, making repairs, or showing the premises to prospective purchasers or tenants, and to display "for rent" or "for sale" signs. LANDLORDS shall attempt to notify TENANTS in such case. ---- The TENANTS rent the premises in their existing "~s is" condition exoept for any repairs and or improvements scheduled for the premises. The TENANTS agree to keep the premises in a good state of preservation and cleanliness, and shall contact the LANDLORDS in the event that damage has occurred or a repair is necessary. No apartment hallways or stairways shall be used for any purpose other than entrance and exit. Common areas will not be used for storage. TENANTS shall not permit objects to be swept, thrown, shaken, or hung from windows, doors, or balconies. TENAN'rS shall not use plumbing or electrical equipment for any purpose other than those for which they were constructed. Any damages to all plumbing equipment caused by misuse or negligence will be repaired at the expense of the TENANT. Floors will be properly maintained and any rugs furnished by the LANDLORDS will be cleaned upon departllre. Washers, dryers, and dishwashers may be used only with the LANDLORDS' permission. TENANTS will pay the cost of any or all repairs of any kind whatsoever occurring after the beginning of this lease where the individual cost of each repair is less than $5.00. No dogs, cats, pets, or animals may be kept on the premises without t}R r written permission of the LANDLORDS. i'C:~I\A.' )\.o,J '\ C;l\.......TEO """~ '- '1>..c, ......Q ~ . , r: No boats and no motor vehicles other than a licensed private passenger automobile may be parked on the premises without the permission of the LANDLORDS. PermisBion must also be granteo by the LA~DLORDS to pull, drive, or park any !:luch vehicle on said premises. TENANTS shall not make or allow disturbing noise to be made within the premises that annoys other tenants or neighbors or interferes with their right of quiet enjoyment. No instruments that create or reproduce sounds that may be heard beyond the confines of the premises shall be played between the hours of 10 p.m. and 8 a.m. TENANTS shall not do or allow any activities injurious to the premises, or the other tenants, or which are illegal, or which will adversely affect the LANDLORDS' insurance on the property unless the damage or injury results directly from the LANDLORDS' gross negligence. It is required by the LANDLORDS that the TENANTS have renter's insurance on their personal property. Note 1: Water and Sewer is provided by the LANDLORDS provided that the TENANTS do not grossly overuse water service and notify the LANDLORDS of any malfunctioning faucets and or toilets. The average usage is 7,000 gallons per quarter for this apartment. The TENANTS will pay for any water usage above 15,000 gallons per quarter. .' ." 9, Denied, To the contrary, late charges are only warranted when rent is improperly withheld or late, In the present case, rent was Justifiably withheld due to Plaintiffs' numerous breaches of the lease, Additionally, Defendants are being charged double for the period beginning June 6. 1994, 10, Admitted, 11 , Admitted, 12 Denied, To the contrary, the pipes froze due to the negligence of Plaintiffs: (a) Plaintiffs failed to provide adequate and safe means for Defendants to maintain their apartment at a temperature adequate for preventing the pipes from freezing (b) Defendants had the thermostats set at their maximum level, Additionally, the temperature in the rooms was reasonable, (c) Plaintiffs failed, despite knowledge of prior incidents of frozen pipes, to maintain the heat tape, in working order, necessary to prevent the pipes from freezing and negligently blocked existing access to the pipes, 13, Denied. To the contrary. damage to the bathroom was caused by Plaintiffs' negligence, as stated above, and by Plaintiffs uncontrolled temper, Defendant negligently ripped the vanity off the wall and tore apart the floor with total and reckless disregard of the damage he was causing, Finally, Defendants demand proof that Plaintiffs paid $180,00 for repairs to these pipes 14, Denied. To the contrary, Defendants caused no damages to the premises (a) The bedroom floor was damaged before Defendants entered the leasehold with Plaintiffs, Additionally, Defendants did not further damage the bedroom floor since their desk chairs either had wheels or rubber tips, (b) Plaintiffs granted Defendant's permission to make screw holes in the walls for the purpose of hanging pictures, plaques, shelves in the bedroom, etc, Additionally, Plaintiffs granted Defendants permission to make screw holes in the ceilings for the purpose of hanging plants, (c) The carpet was not clean when Defendants entered the leasehold, Additionally, Defendants cleaned the carpet upon entering and maintained it in a condition superior to its condition prior to Defendants taking possession of the premises ,. .' 23. Plalnliffs breached the lease by failing to provide off-street parking in accordance with the terms of the lease, Defendants' purchased on-street parking permits for the first 6 months at a cost of $4600, Additionally, Defendants could not afford to pay another $96,00 for the remaining portion of the leasehold, Therefore, Defendants were forced to park further away in non-metered zones, Defendants also Incurred parking meter costs for the numerous times they had to park in front of the premises in a metered zone, 24, Under the lease, Plaintiffs were responsible for storing Defendants' household items on Plaintiffs' premises, When these were damaged in a fire, Plaintiffs promised, on numerous occasions, that Plaintiffs' insurance would cover the damages, Plaintiffs further told Defendants that $250,00, the estimated value of the damaged items, could be deducted from the rent. ~our months later, Plaintiffs reneged on their promise and Defendants were prevented, due to time limits, from recovering from their insurance company, Therefore, since Defendants reasonably relied on Plaintiffs numerous promises, Plaintiffs should be estopped from not paying the promised amount of $250,00, 25, Plaintiffs entered Defendants premises, Without Defendants' permission and not in accordance with the lease, on at least one occasion, On June 1, 1994, Plaintiff entered Defendants' apartment under unreasonable circumstances and without attempting to notify Defendants, 26, Defendants were forced to abandon the premises prior to expiration of the leasehold because of insecurity caused by Plaintiff's illegal trespasses and Plaintiff's menacing behavior, Plaintiffs harassed, threatened, and intimidated Defendants, Whorefore, Defendants request judgment in their favor and against Plaintiffs, for the amount of $794,00 plus reasonable costs incurred in paying for meter parking, Dated: __,,____ Troy A, Piazza Pro Se for Defendants 30 Old Cabin Hollow Rd" Apt. 103 Dillsburg, PA 17019 .' I I I I II i I ~, 1 \ .. LEASB -\.. This agreement i. mad. the lSth day of Juno, 1993 betw.en DO.ALD .Dd AMANDA FLAGLI .e LANDLORDS .nd TROI PIAZZA eDd KIN ADDINGTON a. TENANTS. By thi. agreement the LANDLORDS 1.... to the TBNAN~S the .p.rtment .t 6S South High Street, Newville, pennsylv.ni. to be used .. . residence .nd for no other purpo.e for the term of one year beginning the fifteenth day of June, On. Thou..nd Nine Hundred .nd Ninety Thr.. (IS June 1993) .nd ending the fifteenth d.y of June, One Thous.nd Nin. Hundred and Ninety Four (IS June 1994) .t the rent of four hundred ($400.00) dollau p.r month, p.y.bl. in advance monthly on the fir.t and not l.ter than the fifth of each month in equal inst.llm.ntu of four hundred ($400.00) dollars to Donald and Amanda Flagle .t 6S South High Str..t, Newville, pennsylv.nia or anr other pl.ce which the LANDLORDS may design.te. Rent s due without demand. Th. LANDLORDS hereby .cknowledge receipt from the TBNANTS of four hundred ($400.00) doll.rs .s . security d.posit to be held by the LANDLORDS for ths rent..l t.rm in .ccord.nc. with the provisions of the penn.ylv.nia L.ndlord Tenant Act of 1951 .. amended. Th. .ecurity depo.it may be used .. de.med necessary by the LANDLORDS to repl1ir any damage caused by TENANTS by other th.n norm.l usage of the pr.mises or to repl.c. .ny missing itemR or property deemed miseing from said .p.rtmsnt. NO PART OF THE SECURITY DEPOSIT IS '1'0 BE CONSIDERED AS THE LAST RENT PAYMENT DUE UNDER THE TERMS OF THIS LEASE. R.nts are due on the first of the month in advance. Rent shall be considered ov.rdue if not received by the fifth d.y, .nd the TENANTS agree to pay a l.te oharge of $5.00 d.ily after the fifth d.y. A check that 18 returned without payment by the b.nk will not be considered payment for the rent and all co.te of that check will be the r..ponsibility of the TENANTS. If the r.nt is not paid when due, or in case of a bre.ch or eva.ion or an attempt to break or evade allY part of the agreement, the entire rent for the full term of the l..se shall b.come due and p.y.bl., .nd the LANDLORDS may terminato the l.ase and reposs.ss the premie.. without .ny notice whatsoever. ,- If the LANDLORDS accept any of the rent at any time after it has become due, after default has been made in the payment of ths rent, or fail to enforcs any of the rights of the LANDLORDS or any of the penalties included, the LANDLORDS are not waiving the right to enforce those rights or penalties at any other time. Attempts to collect the rent by one means does not wai~e the right to collect it by any other means. If either of the TENANTS become insolvent, makes an assignment for the benefit of creditors, commits any act of bankruptcy, files a voluntary petition in bankruptcy, or if a judgement is entered or an involuntary petition of bankruptcy is filed against either TENANT, all the rent for the full term of the lease shall become due and collectable ill1ll\ediately. TENANTS have no right to assign or sublease the prsmises without prior written permission by the LANDLORDS. At the end of the term stated in this lease, the fiftesnth day of June, Nineteen Hundred and Ninety Four, thi. lease shall be considered terminated. If the LANDLORDS give one month 'II written notic!! prior to the end of any term of their intentions to change the terms and conditions of this lease and the TENANTS remain in po.sBssion of ths property after the effective date of this notice, the TENANTS will be considered as TENANTS under the terms and conditions of the notice. The LANDLORDS may make adjustments covering any price increases in the cost of utilities or services upon giving the TENANTS one month's notice. IF the TENANTS vacate the premises leaving behind any personal property after a reasonable opportunity to remove it, the LANDLORDS are authorized and empowered to sell and dispose of thh property in any manner whatsoever. The LANDLORDS have no liability or responsibility to account to the TENANTS for the disposal of this property. If ths either of the LANDLORDS or the TENANTS are members of the Armed Forces of their respective countries on activo duty and the LANDLORD receives permanent change of station orders to return to, or to depart from, or the either of the TENANTS receive permanent change of station order~ to depart from, the area where the premises are located, or if either party is relieved from active duty, or if the either party is assigned government quarters, either partr may terminate this lea.e upon giving at least one month' e written not ce to the other party with a copr of the official order. warranting such termination attached to this not ce. If the TENANTS move with the consent of their LANDLORDS prior to the termination date set forth in this agreement, or any renewal thereof, .. ) '. the TENANTS must give one month's written notice in advance, all rent muet be paid prior to the moving date, and one month's additional rent must be paid at the time of giving notice of the early termination. The TENANTS will return all keys to the LANDLORDS upon the end of the term of the l.a... A charge of $25.00 will be made if the keys ar. not returned on the moving date. The TENANTS shall not install any new or additional locks without the LANDLORDS' permission. The premises may be occupied and used as a personal residence by the following persons only: Troy Piazza Kim Addington The premises may be occupied by no more than two persons without the written cons.nt of the LANDLORDS, and in such case the rent may increase for the applicable term(s). Utility charges are to be paid and services provided as followsr Heating to be paid by the TENANTS ~&Il. ,..y...."...o) Heating of water to be paid by the TENANTS _ i,C<TQI~ WoT ""''''T'EJ<. I-+a;", Electricity to be paid by the TENANTS Water and sewer to be paid by the LANDLORDS(sec note 1) Trash removal to be paid by the LANDLORDS (see note 2) Lawn oare provided by the LkNOLO~DS in accordance with Borough code, / Snow removal pro.fided by the LANDLORDS in accordance with Borough code. Storage for household items is provided by the LANDLORDS Off-Street parking for two vehicles provided by LANDLORDS LANDLORDS shall have the right to stop the services of any utilities, temporarily, in t.he event of a malfunction or to facilitate alterations and or repairs, and shall make an effort to notify TENANTS of such atoppage. TENANTS shall not use any method of heating other tha~ that supplied by the LANDLORDS without LANDLORDS' permission. If the premises are totally destroyed on the day the TENANTS move out. repairable, the TENANTS may choose repaired within a reasonable time. LANDLORDS reserve the right to enter upon the premises at reasonable times for the purpose of making neoeseary inspection, making repairs, or showing the premises to prospective purchasers or tenants, and to display "for rent" or "for sllle" signs. LANDLORDS shall attempt to notify TENANTS in such case. or damaged by fire, the lease ends If the damage is partial and to etay if the damages oan be -+ " The TENANTS rent the premises in their exiliting "as is" condition except for any repairs and or improvsments scheduled for the premises. The TENANTS agree to keep the premises in a good state of preservation and cleanliness, and shall contact the LANDLORDS in the event that damage has occurred or a repair is necessary. No apartment hallways or stairways shall be used for any purpose other than entrance i\nd lIxit. Conunon areas will not be used for storage. TENANTS shall not pormit objects to be swept, thrown, shaken, or hung from windows, doors, or balconies. TENANTS shall not Use plumbing or electrical equipment for any purpose other than those for which they were constructed. Any damages to all plumbing equipment caused by misuse or negligence will be repaired at the expense of the TENANT. Floors will be properly maintained and any rugs furnished by the LANDLORDS will be cleaned upon departure. Washers, dryers, and dishwashers may be used only with the LANDLORDS' permission. TEN;NTS will pay the cost of any or all repairs of any kind whatsoever occurring after the beginning of this lease where the individual cost of each repair is less than $~.OO. No dogs, cats, pets. or animals may be kept on the premises without thRe, T written permission of the LANDLORDS. ?ilRru.. ".o,.J " C,(,,,"''''''D "".. ~ 'lo'" ...... lf1' .:I,,f:.. No boats and no motor vehicles other than a li"ensed private passenger automobile may be parked on the pr~mis~s without the permission of the LANDLORDS. PerMission must also be granted by the ~IDLORDS to pull, drive, or park a.1Y such vehicle on said premises. TENANTS shall not make or allow disturbing noise to be mado within the premises that annoys other tenants or neighbors or interferes with their right of quiet enjoyment. No instruments that create or reproduce sounds that may be heard beyond the confines of the premises shall be played between the hours of 10 p.m. and 8 a.m. TENANTS shall not do or allow any activities injurious to the premises, or the other tenants. or which are illegal, or which will adversely affect the LANDLORDS' insurance on the property unless the damage or injury results directly from the LANDLORDS' gross negligence. It is required by the LANDLORDS that the TENANTS have renter's insurance on their personal property. Note 1: Water and Sewer is provided by the LANDLORDS provided that the TENANTS do not grossly overuse water service and notify the LANDLORDS of any malfunctioning faucets and or toilets. The average usage is 7,000 gallons per quarter for this apartment. The TENANTS will pay for any water usage above 15,000 gallons per quarter. DONALD L. FLAGLE, II and AMANDA S.H. FLAGLE, Plaint iffB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-3598 CIVIL TERM TROY A. PIAZZA AND KIM M, ADDINGTON, Defendants CIVIL ACTION - LAW fLAJ1!'J'.xn's,~RE$.P9/'jSEJ'_O,PE EElmMm~' ttf;1I' HA TTE,Il, AJI/ D_ C9VJIITERC LA HI AND NOW come the Plaintiffs, Donald L, ~Iaglc, 11 and Amanda S, H. Flagle, by and throllgh theIr attorney, UlchBrd L, Webber, Jr,. and respond to Defendants New Mattor and Counterclaim ~B follows: NEW MATTER 20, DENIED, The terms of the lease provide for $ 5,00 dally late charges, Defendants executed the lease on or about June 15, 1993, thereby agreeing to be bound by that provision, COUNTERCLAIM 21, No response is necessary, 22, DENIED. Plaintiffs ar'e entitled to withhold the security deposlt as a credit toward their monetary losses for which they are seeking to recover In this acl.ion ($I,:!48,:!5 plus $5.00 per day from July :!6, 1!!94), 23. It If; admitted that off-street parking was not provided to Defendants, for rebson thaI. said off-street parking was no longer available to Plaintiffs, It is admittod that Defendants purchased " rI Defendants, Plaintiff Donald Flagle's entry into the premises on JlIne 1, 1994 was ~ade ~ to DefendantH decision to abandon the premises. Any statement or implication by Defendants that illegal trespasses forced them to abandon the premises is therefore denied, WHEREFORE, Plaintiffs reqllest that Defendants counterclaim be dismissed and that Judgment he entered in favor of Plaintiffs and against Defendants, Re ! ::::'Ii Attorney for Plaintiffs 11 West Big Spring Avenue P.O. Box 40 Newville, PA 17:!41-0040 (717) 776-6566 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.A, Section 4904 relating to unsworn falsification to authorities, 91c1~v f:" , " LEASE This agreement is made the 15th day of June, 1993 between DONALD and AHAHDA rLAGLI as LANDLORDS ana TROY PIAZZA and KIM ADDINGTON as TENANTS. By this agreement the LANDLORDS lease to the TENANTS the apartment at 65 South High Street, Newville, Pennsylvania to be used as a residence and for no other purpose for the term of one year beginning the fifteenth day of June, One Thousand Nine Hundred and Ninety Three (15 June 1993) , and ending the fifteenth day of June, One Thousand Nine Hundred and Ninety Four (15 June 1994) at the rent of four hundred ($400.00) dollars per month, payable in advance monthly on the first and not later than the fifth of each month in equal installments of four hundred ($400.00) dollars to Donald and Amanda Flagle at 65 South High Street, Newville, Pennsylvania or any other place which the LANDLORDS may designate. Rent is due without demand. The LANDLORDS hereby acknowledge receipt from the TENANTS of four hundred ($400.00) dollars as a security deposit to be held by the LANDLORDS for the rental term in accordance with the provisions of the Pennsylvania Landlord Tenant Act of 1951 as amended. The security deposit may be used as deemed necessary by the LANDLORDS to repair any damage caused by TENANTS by other than normal usage of the premises or to replace any missing items or property deemed missing from said apartment. NO PART OF THE SECURITY DEPOSIT IS TO BE CONSIDERED AS THE LAST RENT PAYMENT DUE UNDER THE TERMS OF THIS LEASE. Rents are due on the first of the month in advance. Rent shall be considered overdue if not received by the fifth day, and the TENANTS agree to pay a late charge of $5.00 daily after the fifth day. A check that is returned without payment by the bank will not be considered payment for the rent and all costs of that check will be the responsibility of the TENANTS. If the rent is not paid when due, or in case of a breach or evasion or an attempt to break or evade any part of the agreement, the entire rent for the full term of the lease shall become due and payable, and the LANDLORDS may terminate the lease and repossess the premises without any notice whatsoever. (/, , If the LANDLORDS accept any of the rent at any time after it has become due, after default has been made in the payment of the rent, or fail to enforce any of the rights of the LANDLORDS or any of the penalties included, the LANDLORDS are not waiving the right to enforce those rights or penalties at any other time. Attempts to collect the rent by one means does not waive the right to collect it by any other means. If either of the TENANTS become insolvent, makes an assignment for the benefit of creditors, conunits any act of bankruptcy, files a voluntary petition in bankruptcy, or if a judgement is entered or an involuntary petition of bankruptcy is filed against either TENANT, all the rent for the full term of the lease shall become due and collectable inunediately. TENANTS have no right to assign or sublease the premises without prior written permission by the LANDLORDS. At the end of the term stated in this lease, the fifteenth day of June, Nineteen Hundred and Ninety Four, this lease shall be considered terminated. If the LANDLORDS give one month's written notice prior to the end of ~ny term of their intentions to change the terms and conditions of this lease and the TENl'.!'lTS remain in pos13c:lssion of the property after the effective date of this notice, the TENANTS will be considered as TENANTS under the terms and conditions of the notice. The LANDLORDS may make adjustments covering any price increases in the cost of utilities or services upon giving the TENANTS one month's notice. IF the TENANTS vacate the premises leaving behind any personal property after a reasonable opportunity to remove it, the LANDLORDS are authorized and empowered to sell and dispose of this property in any manner whatsoever. The LANDLORDS have no liability or responsibility to account to the TENANTS for the disposal of this property. If the either of the LANDLORDS or the TENANTS are members of the Armed Forces of their respective countries on active duty and the LANDLORD receives permanent change of station orders to return to, or to depart from, or the either of the TENANTS receive permanent change of station orders to depart from, the area where the premises are located, or if either party is relieved from active duty, or if the either party is assigned government quarters, either party may terminate this lease upon giving at least one month's written notice to the other party with a copy of the official orders warranting such termination attached to this notice. If the TENANTS move with the consent of their LANDLORDS prior to the termination date set forth in this agreement, or any renewal thereof, " .. the TBNANTS must give one month's written notice in advance, all rent must be paid prior to the moving date, and one month's ftdditional rent must be paid at the time of giving notice of the early termination. The TBNANTS will return all keys to the LANDLORDS upon the end of the term of the lease. A charge of $25.00 will be made if the key. are not returned on the moving date. The TBNANTS shall not install any new or additional locks without the LANDLORDS' permission. The premises may be occupied and used as a personal residence by the following persons onlYI Troy Piazza Kim Addington The premises may be occupied by no more than two persons without the written consent of the LANDLORDS, and in such case the rent may increase for the applicable term(s). Utility charges are to be paid and services provided as followsl Heating to be paid by the TENANTS I-tF",1'ilA. (l.y...'u""O) Heating of water to be paid by the TENANTS - i,CtTq,C I-f--r ",,""1'[,(. Electricity to be paid by the TENANTS Water and sewer to be paid by the LANDLORDS(see note 1) Trash removal to be paid by the LANDLORDS (see note 2) Lawn care provided by the LANDLORDS in accordance with Borough codes Snow removal provided by the LANDLORDS in accordance with Borough code~ Storage for household items is provided by the LANDLORDS Off-Street parking for two vehicles provided by LANDLORDS (;/V //,,,.... ~.t ... ,,~ fI"c, -f:>, LANDLORDS shall have the right to stop the services of any utilities, temporarily, in the event of a malfunction or to facilitate alterations and or repairs, and shall make an effort to notify TENANTS of such stoppage. TENANTS shall not use any method of heating other than that supplied by the LANDLORDS without LANDLORDS' permission. If the premises are totally destroyed on the day the TENANTS move out. repairable, the TENANTS may choose repaired within a reasonable time. or damaged by fire, the lease ends If the damage is partial and to stay if the damages can be LANDLORDS reserve the right to enter upon the premises at reasonable times for the purpose of making necessary inspection, making repairs, or showing the premises to prospective purchasers or tenants, and to display "for rent" or "for Bale" signs. LANDLORDS shall attempt to notify TENANTS in such case. The TENANTS r.ent the premises in their existing "as is" condition except for any repairs and or improvements scheduled for the premises. The TENANTS agree to keep the premises in a good state of preservation and cleanliness, and shall contact the LANDLORDS in the event that damage has occurred or a repair is necessary. No apartment hallways or stairways shall be used for any purpose other than entrance and exit. Common areas will not be used for storage. TENANTS shall not permit objects to be swept, thrown, shaken, or hung from windows, doors, or balconies. TENANTS shall not use plumbing or electrical equipment for any purpose other than these for which they were constructed. Any damages to all plumbing equipment caused by misuse or negligence will be repaired at the expense of the TENANT. Fl.oors will be properly maintained and any rugs furnished by the LANVLORDS will be cleaned upon departure. Washers, dryers, and dishwashers may be used only with the LANDLORDS' permission. TENANTS will pay the cost of any or all repairs of any kind whatsoever occurring after the beginning of this lease where the individual cost of each repair is less than $5.00. No dog/ll, cats, pets, or animals may be kept on the premisel3 without t~ r written permission of the LANDLORDS. j>IfRIU' H'o~ IS C,<\.....,TEO ~.. 1. 1>.0. .....~ ~ . , \111: No boats and no motor vehicles other than a licensed private passenger automobile may be parked on the premises without the permission of the LANDLORDS. PermisAion must also be grante~l by the LA!IDLORDS to pull, drive, or park any ~uch vehicle on said premises. TENANTS shall not make or allow disturbing noise to be made within the premises that annoys other tenants or neighbors or interferes with their right of quiet enjoyment. No instruments that create or reproduce sounds that may be heard beyond tha confines of the premises shall be played between the hours of 10 p.m. and B a.m. TENANTS shall not do or allow any activities injurious to the premises, or the other tenants, or which are illegal, or which will adversely affect the LANDLORDS' insurance on the property unless the damage or injury results directly from the LANDLORDS' gross negligence. It is required by the LANDLORDS that the TENANTS have renter's insurance on their personal property. Note 1: Water and Sewer is provided by the LANDLORDS provided that the TENANTS do not grossly overuse water service and notify the LANDLORDS of any malfunctioning faucets and or toilets. The average usage is 7,000 gallons per quarter for this apartment. The TENANTS will pay for any water usage above 15,000 gallons per quarter. . , ,.,....E f J ll"""'" ,\ ~"1 J (... - . ''I rvJ'1 'I ~ ~.7f' -46,i'rF----- Note 2 c Trash removal will be paid by the LANDLORDS providing that TeNANTS plaoe 8ecurely wrapped and tied trash in the deaignated traah area and keep this and other trash (inoluding oigarette butte) from being 80attered around the yard and walkways. ..f.!!.{f-' rlL., 1\........rJ ~ l)A'1 S F"-'''' F""'1""'1.~ l:'~ ~(.. ~'tr,,{'lE . Note 31 LANDLORDS will provide 8nOW removal, gra88 mowing, and other yard work in return for TBNANTS to keep all traffio to designated walkwaY8 . THIS AGReEMENT IS A BINDING CONTRACT. e, II '96().".' Mc'F,,~T) I)~'i.' 51 ~ec. ~lEfGS.'1 {J.o-{ . , ' ~f--' HI" "'t ~"" 'i' ~j) \; , ... J(\oL ". . I~~ l ,", " f' . ~ r" , " r', d ~ \ J> " . t", '1",' " 1'1', ". , t:~l ,,,,' ; , 'i/~: I' /1 : '.' . ill fI , ~ t, " . " 1',1' I', l' 'q " n,? 1 " " . . .. , .. ......... . \ , ... -A.......-f' ,~ r.!C 2379 . I I ','r' 'AGUE I FEGAtl HARrW~rlP' .. ol'lllll. ~ . IWI(,\:, IllIIIhl.Ui .. _ I1'ET . aHlJ\"~8lIU;,.., PA 17267 1a: ...11 ''-_~=''''''''I,.IdIItcltr.Il')Uli!:JlI>lll_. ......_ _1A1I.'~ . . , ~, r , I I' r '\ ~ ~ L'<; S ,j"v.,J.VI I' (J :d F /O~~ ' I!IJf1 )f 7/(; - ,& 7 Yb ''',J , ~ 'I ",I - , , ' ,. ., 1,1", II ,;, :f/", I~I old (J _ '-( ,. I' r; Vi . 1 I," ''> ll" , " " '.' -. '. .. ~ . II ~ SOUDER'S Plumbing, Hlltlng & Electrical 9 Pennsylvania Avenue Newville, PA 17241 (717) n6-3536 JIII/Iir- - . ~ ,"e". Quantity '"').._...~...-., .~ It, F", Dale: ;/ IZ/9'/ l I . Name:' Address: 111m Unit eolt Total b,j J . }-,.., . $l_~ . . iJ ,-') 1.t'l1.> ,/, r" .. , , .5: (J..7 " '-I ., -? ~ ~"-~ 7. ",J ,;,l ,,;>0 ~ . _'i (J ." /'- <' l ,0'::> 2." " J "Y') . .,. -:i f ,) l ~ .. ~ . t , :/, ?,f I, '. . "."..:.. /'6"") , oJ 0 '-~ - --' I .: .:.l,U Sub Tala' o .' ;) ',,/"" . AulhO.IZld Signature J(~ ~ J~L fc'. ' I , ,I 'l( .. --- , ~" '-,.<.... Total . <" , I ',.. ~_l~~_ ',~).!___ ._._ r;..-C;l. J I)'"~ J9 "(0 (t; I ~ p- '3 1 ' ~'I'" t, ~~.i, /I.:; , r"'-' ~. I ' il.. ;,t, __J ..... II 1 I .... " t',:, !' ,'. " ",' . '":;J'''!!''''r~''' -- "Pt-" ~ _.. . '. ."'0'\ J ^ "".', ' ~ -"'-7,'-..- ',--"- I ff u.fmS__1J. JlL ,- ..,- ,,-- !..~...,t,~... ..___Jlil':',..ill -,t,/' 'i,f... ',' " ~ '.--....'--~..'.. ~ -'~, ,..- '\ Ii. lJ .," ~"': ~ "/ '.: ", ~I' ~. {". ~.:;:, \, , if:;: " , \~i~ "".11 .' ~~;;\);;:, ';.>.', t 1f1~_~B\~i .r}.' ~~ 'to,.. \f~;; " " \ , .l'l' (.-.. ,.'v.,......ii.., -niaHle you! -' , ~~ ". ,\ J" ,~.;!. '... .~'~. "\: " " 1,:,'\-0 "," :~t~(- ,: ~l~;r,':l,I, , ,f~!'~~~ - L'; \ji ~l\:" t.\,dt'~-i wh'" i.r./~'), , 1~;1\1;: ' ~J,r-'~_':, "~' ", fl'j' " ',':"1' ,;;' f/ Y .ri' \;i ; ";;:'1\. il'!~ _i'. " ". i' 'i;'~"" MilCh 31,1994 Don ,nd Amanda. We IIcre hoping 10 talk 10 ~ou In pcoon to IlClllc this mailer. bul unfonunalel~' wc IIcre nCI'cr homc Ilhcn ~on IIcrc Itollclcr. our rcnl Is due on the firsl. and IIC are lenl'lag Frldn~ nSlOOn as I gct homc from c1ns!II:s Thcrcforc, I rcgrclto hale 10 IlCllle Ihls l'la a Icllcr, Ellclo!ll:d plcnsc filld n chcck for April's renl. This 15 paid In full, bul in prolcst because ~on did nol flllfill ~onr rC'f1<1111Ih.hIICS III rCIllOI IlIgsnoll ns stlpulnled In thc Icase agreemcnl. Wc nrc nll~~ Ihnllhc lea!ll: hns been brokcn In so many lIay's and feelllkc wc arc being "lIalked on" b~ ~Oll YOllr h,"adlcs ilrC lI.lilcccplnblc nlld II is onl~ fair Ihol IIC be compcn5llled for ~onr brclIChcs We C\PCCI Sl~1I dollars by April I~. 199~, This amouat 1111I cm'cr Ihe S2~O damngc (lhe amounl ~Oll said ~Oll' 1I1<1Ir:,"CC 1I00.ld co.er) 10 Ollr ilems Slored in your barn and the SIIMt IIC Ilould hale had 10 pa~ fOI palk,"~ Thc Ica" slilled "Slornge for household ilems prolided b~ Ihc LANDLOPDS," Q.\IL renler's 1Il511~1!9;_d.Ql:s "nl rnl N '1"11I' nol..IUhc=l!.uj[ding. Since Ihls IIOS covered b~ ~our 10511iiiiiCc,"c Iltolll<l, il< a mailer of fill mess. gellhis mone~'- Addltlonall~,lhc lease 51aled "Orr-Slreel porkln~ for Ilia I ellldcs pro. Ided b~ LANDLORDS," We neler reeel\'cd Ihese and hud 10 pn~ for si\ month, of parklll/( '1 hCII, ~Oll madc ",ellses os 10 IIhy you had nOI C\'en prollded 115" Ilh on-5lreel purklllg pcrnlllS ThllS, IIC cOllld nol arrord Ihe permlls for Ihe first si, monlhs of I')l)~ and IICIII 11.,ltOllt As u reslll!. Ill; IIC'C c\lrcmcl~ Ineonlelllenced We should be compensated for Ihis amollnl. II hich is SIIMI, We C'JlCCI pOlmenl by' April I~, HOIIC\'cr, we arc IIl11lng to acccpl. b~ Ihis date, a IlIillen and slgncd nolice statlllg thaI lie arc allOllcd to deducllhis amount from Mny's rcnl, If IIC do nOI rcccilc 511Ch pa~mcnl b~ Ihls dalc. IIC "ill take 101110 coun, HowcI'er. irlillgatlon is ncms.lI'Y. "c II ill also seck compensation for a frccfer Ihal doc! nOI adcqualcl~ frec/c icc crcams or frolcn juiccs, for a dOllnslairs balhroomlhal has heclllorn apan for Olcr l\\0 monlhs, for hal'ing 10 shol'el our sidellalk ("Snoll relllOlal pro. idcd hI Ihe LANDl.ORDS in accordance lIilh Borough codes,"), for negligenllllll n care ("Lallll care prol ided bl Ihe LANDLORDS in accordance IIllh Borough eodes..,~'ou nel'er clean up ~our dog's \\AsleS,), and for all olher breachcs, IIll1Ch IIhen combined, conslilulc a subslantial breach ofconlrncl, We're sor~ thalli had 10 comc 10 Ihls. bul we 1111I nol allo" ~'ou 10 lake admnlagc of U5, Respectfully, ~~ TrY' A, Plaua _ 1\,,,,,,,, :\." -J. , KlmM,~ p; 6" -- t.--,: + " ~ >>-~ 0 -=t - I:!: 0 () (ll , ~ I ., r<) ,m Hie 0 '::,J;r, ."- (t .... '., , , " ,j I:) r..:-" 5:? " (l'J ':l:l "" " . <It j cf " {) LI") . ~.~' ;.; ~ - ; ~I:" :a:: _1.(",; I '~) t....1- " . ' ( I~'Y . n (-"''''7) 'Ill ~ I. ~JI ).hd .~ ~'11"'" '1 1"'''''7 ~ f 'l,'''''~ I ,':>1 ~:f . fa E '" C"I) .... ~... ...... ....'n -,., ~zo.,;.':r .....r>u", I,..rn. r.ll';,,,J , I :.,~; \1' ,.~ .,1;,: ,'h,I.I" , ! '~J l~J ..: :a;"~ ....'" 0'" 1.0 - to! " I I ...r't" OI~1 , , I' I' , , "I Ii ~ CX) E M '.. cp.., r 9 .:;.):.~ .~:,i (~ ...~ ::r: r-J~;J f., "'" ~.~"J ~t! '" ' 5. ;~i': Ll.. '" ., ...... If!!J U f'....r> r- LI.) nqC.l 0 . . (L. Itl. tn :Ii 0 Ot W II \' ., , .. 1_-...., ! ;. '" t I , I .110 willi to ...elve rile ' . CGmPIttIltlfN 1 end/or 2 'or oMdI~ Mrvk:e:.. .", " e....... _ ,. IIl4 .. . ~, " 'oIlowlng ..,vie.. lIor en ..Ir. JI .'. ;.=: your nam. ""' Md,... on the tevetV of tN. 'om'I 10 Ihlt W, CIn 'HI: ,. INttClNto you. I. o Add'....... Add_ I . Atuch IhIe hHm to the ',ont 0' thII mliil... or on thIi ltacklf 'PIC, , .........-. N' '. f' - '1 ' W...."-.........."""_. ......,........_...."....""..-, 2, 0 RUlllclld Delivery f ,\ . ThllItetuflt R.cll6p, will .hQw ro wl'tom tht .rtkJt .... de~1td IOd tnt dll, i , I delivered. . Con.ult Itm..ter tot 'n. , , 3. Article Add.....d '0: 11 r, 4.. A, tiel. Numbe, r .' Ho~. }\. l). Sh",\ e"be';3i>I'" 4b, S./\,Ic. TVp. J' PO Be>- IS,) , o Regl.'.,.d o In.u,1d :l'l W, ('),~ Sp""~ Ave, ~C.rtlfl.d o COD f: ft., Newv:\\(. ~ PA 17J.41 bpr.... Mill o R.lu,n R....lpl for 7, D.~~ ~.,~' y-: f' i:$iGiiiii:i;'i (Add'.....1 8, Add'....... Add.... (OnIV If 'CIqU"'1d " .nd f.. I. p.ld) , DOME8TIC RETURN RECEI" I"~ , ,. !',. r. 1 r l- I .' .. - I /, 'I." .--4. j 1-'..' '.. Ii I . .. i " " I ! ,/ , , " I r . .' , Urmo ITATlII'OITAL IlAVle. " JIIIII :H~G .f'fd7G \~, 31 lSS!I\2 ~7 /lflf3tl ' 0HIIfII1u..n... PENAlTY FOI'II'RlVATE USE TO AVOID PAYMENT OF POSTAGE, 1300 ~ r d I Li , ~', I f" , ';1 - ,r.l. , I ' d' I , I \, , t Print your nam.. eddr... end ZIP Cod. h.r. -'\roy A, Pic.'aQ - 3D- 01'* c'c.b,,, Hollow j:l,~. Af'L )O~ D:'I:>b\M~ 1M nOI q "''','h , t ,I ", I, ,.J, " I, 'I, I 1,1 , 'i' , I ,'J , , I '( , I " I r ,t' - I ." fI f' f" ~ ',' \ I" ~ , .. ...... ,- . , ~ ., \. ' , .. ..d.......-f ' '.J' , ,to .. , ',:'" , ~.......;,.. , _.. I r.. _11oo\11 UN"";> \ 'I' C......._3,........b, ", l I . Pttnt, ';ow "11M 11M ....... on tN "ver.. of thIe fotm . met w. C,1n I ..... ..... .... .. y..., ' , " ',. A...... form IG. tN ',ont of ~ "'-"",, Of on the bKk If .plC' ~ 110M nee ......' 't" \ ..' _._~.....,~_.UId".....m......I.w.......Io_' 2. 0 R..lllelod OallvlIY J' , I. The"""" ""elp' wllllhow tp wham tht 1I1~1. w.. .lIvered and IhI dtte " I ..._, Conoull ~'"III 10. I... , I, 'I ,Arliel. Add.....d 10: 41, Alii' N.m~' I OOMJI\J./AN'MdoC\ Flo.5)Il..' ~ f 3' 01- I I ,_'" S ,,\ S I 4b, Silvie. Typo I ..<;, , n ',:j ~ , , 0 Raglatllod 0 In.Ufod , Nl",u;lI~ PA 1'1J.~ \ ~.rtlflod, , 0 COD f' ) 0 bpt... Mall 0 Rat.'. R...lpl 10' 7, Oat. 01 O.IIII!'r .. \ /\...(.1'11 ,I, 8, Add,.._'1 Add.... 10.ly II ,aqu..,ed t .nd I.. I. p.ldl ~ ' I 1100 wloh III I...." tile lolIowlng Hlvlet. 110" III ..Ir. f..): 1, 0 AdcIr._'1 Add,... I' ~ ~ I "! " ' , " ,O...mbt,1881 ..u,I,Cll'Ol'_'" DOMESTIC RETURN RECEIPT , IN Iii' r. 1;,,1 1 " I" . - ,.,. , , .. J-rr,.M# , ,~ . "j' , . ... ~, , , , , " !",__trA....I'OITALIIIMCI j \, I, I I I' I I I I 111111 ~ ,I , I" I , ,/ r'i t'i 'OIMIIIU.fNN IOENAl.TY fOR I'IWATI U8I TO AVOID PAVMlENT Of POIITAClI, I3ClO - " , " " I II " , I I ! , ~ I, I I] !' !i I I Ii ','i.. l,' 1"" '; , , , Print your n.m., .ddr... .nd ZIP Cod. h.r. · Troy A. p',()uo. · ~O 0\0\ Q<:>.u:" Mollow R~. ,,'.Art IO~ O:\\~b\)rj I PA,' \'701'1 '" ~ .I'f~ , " , '.-J! .' 1 ' , , ," I" , , , ". " Ii 1 ~ " , . .. , .. .......... , . NOTICE OF APPEAL COMMONWEAL TH OF ~ENNSVLVANIA ____ U. __.__.__ COURT OF COMMON PU,A!l ffl()M JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON~LEASN. ,r4-,359'i C,'(,j., -';rtYl NOTICE OF APPEAL NOllCl' 1\ ql'o'.'1I Ih,ll 1111' .11J11I!lIdtll lid') IiiI'd ill Ilu,' .1110"'1' Cllllll 01 CnllllllUIl PI".I'~ .111 .111111',1/'111111 >l' JlIdl'"1l'1I1 1I'l1dl"l'lI hy HIP Dattlet Justice 011 'hi! IllJh' ,Jlllllrlllllll;J\I' 'IH,'11111IlWlllmtoY\l, Trl\"lI,A, P."n.Ll\. Y--.M. M., A\"\",,,-tU'''' AU&lIitTfI 0" ......1.""", ...) 3..qO\~ <;,.(.1;..., tlo\\',vJ \-I.c\ Al-" II)> :~';3'1".r~~.' li~:;~i:O~ D''''I A """"k c....,t'..o v CV 19 O<'JOOO~llL- '-14- IT 19 .".. J ... ..., .0 o. .... .;. ;,,- O'~~:, - O.;l ., n..,. 'i'''-CUD.-''~' "....-. """ ......u...,., 0.\\).)\.,..) PA DOlL .. ..Acl.-h~~,...~ ". p,(., t\..., 11-,;,'11 A, .,~"_ 'V,," 0;11' .......1I.."., IU. HI. .."/H"'II' 07/1""'" TIJI\ III lid. will IH' sllJlwd ONLY whIm tIll') R C PJ P N" 10086 ,,,".11"'" " ""IU''''~~//~ II' 1:;lkf(o.c~/:'iJtj.1 'Vp' . R.-C-PJ-P- dl1JW .mt WI/t--- !pIL", .'iL't! ., ,"., No 100 1 ((i) IfI ,ll:rUm Iwfoft.' /J'Hnd JlJ$rlCt!, Iw Til,,, NO!IIY III ApPI!.II, \'~Ill'1l It'I'I~lvl'd IIY 1111' {)1')!IIC! Jll'itIU~, wilt llP"'illl! .1\ oj Sl,JPEflSEUEAS to ttl~ ludqlllL'rlf lof' I!q'o,,'J'l'lIIH111l 011<' c,,'11' MUST flU A COMPLAINT With", tWHfltv flays "It,.., filmg IllS NO nCE of APPEAL, 1:20/ ~---'-'-----'-S;,i;;~t;;':-;',;;~-pi-;,-r/-';;;';;;;:'-'y~" 01'/1111'" PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE f ThiS Sf!CtlOfI of for", to ht' /lsmJ ONL Y wIlt.!" ilt/lu,l/.ml W..IS Df f ENVAN r (SI!I.! P.I R,C.PJP No. 1001(1) in iJI:tIC)fJ IJt!fortl District Justice. If NOT USED, (ltl'iJch lrom conv of nOrlCI! of iJfJI,,!.11 to h,.' ,~'!f""..tllI"O" ,Jp/mllt..f!), PRAECIPE: ru P,ulhu"uwV E,,'e, ,ul. upu" DC" I A """"\(\C!cl F' 10'1 \ Q , N.m'" of Jp-"..ltt!fds) (C","moo PI"JI No, 9_Y ~ 3518' C;:..i 1 llifTk'II"" IW"'''V (20) dav, .It.... "".,n' of 'ule 0' ,ulte, ~~1Cnt of "IIf'"u ~~~~.-J _____,..;,u '-7~~~~ ol"ppe/f.,nr Of hiS 01' (until' or ./'/fInt 30 C'" ".t"" fI,\\,,,-(l.-l,.. A,;\ 1"'> ) II ' " \, '!'J\'" ~' I. jf\" 1'/" \ , 11'\\ 'U,J" 'iJ'1I" (11 You.lre llo1lflt!d thtlt ,j rutl' I') hl!~l.dJY c/lt&:t1ld U'.U.lll YOlt.ro-tlh!a comf'IJHit HI tillS iJPpl!.JI wlthlll twenty (20) 1.1.1'15 J'tet the ,1.HtI of scrVICI! of thiS rule upon you hy pcrsor)JI wr,\j~~I~. I!', :~. :~ef(illCcJ O( ._~ClJtst~rl!d I11JII. '., 1..\........ '. , 121 It vuu do oul Ide ,I ",mp'a,," W'lh'~1 I~i\'l,'m., a'Jt!,06Mnclr..Of,1'i6N fFlOS WILL BE ENTERED AGAINST YOU, " , aPlwUI!c(sl, to fde .1 cornplaHlt in thiS Jppeal RULE: To_O:n/:A"Xif\C.t. Fl.-" \l:. N,JltIl' I)' oIPPI!II"",';;:'j . ___, JpPl'lh!I!ls) (3) Th~ dJtl! tlf 'icrVICp. l)f thiS rLJll' It 'iCP,/ln Wi)" by rTl;Id IS the cl<lw of maillnq. D.l"~~_' 1911 '1' or Dttput'( ...- AOPC 31200 COMMONWEAL TH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FHOM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT CDMMONPLEASNo 9L/-3.59P._C,'k1I, urm NOTICE OF APPEAL NotlCl' 1\ '1IVI!1l th.i1 Itll' JPPcU,J1l1 ha~ filed III tIll! iIlJow COlJll of CU"lIIll)1l P111,j5 ,1I1.lpPI!,'1 (flllll Ih~ IlJdllllll~/It rI'IHIt/It'd lIy lIw D,SHlet JustlC!! Oil thl' dalt' ,jlld III Ihl.' C.t5l' 11lt!IHIOIWd hl'loW, iiA~o; ..........,,", .I ";;r;':' ).~_(; ~". D' .-.- ----- 'un --- -.li"'"i;o"-- ~~Anf\m,J..'A f Y','l'-., M.. ,1\~(J\<=:Cl_ tU"" ....".., 0.. ........"...,., , J elf., .3..Q..Q\~ <:'Q'0;,., t\Q\\O""p.,~, ApU0> D;\\:,h..r) PI-\ __DLllC\ ~__j~~D94' If;::'{~D~' Do 1"\ ! A "'L''''Y- " P,c'n\'\ Tro\J A .. A~10"1r,~ <...,."" ~: :: ClOOO~'7 <0 - 'l'L r::;: ....":. .... ;;%L ~t./ 0" /<> T'i", block w,1I I';' '''J'1elj- ONLY whe" .Im '">I,''''''' " "''1'",,'<1 '''''I::rP~II~'II'''' W,~~~"'(~-;-;. --R,CP,J,P, R,C,P,J,P, No, 1008B No 1(}(}1(6) IN Jt.'tIOIJ /l,.-fore District Justice, he MUST EnE A COMPLAINT WII!>//} lwenly (20) "'WS .11,', It/mg IllS NOTICE 01 APPEAL, ThiS Notice of Ap/..Jl!.Jr, when /.!ct.!llIed hy IIlI' [)1~III(f JU'itll;t', will l'pl~'iHI' In OJ SUPERSEDEAS 10 rIll! lutl~ltllCIlI for Ilt)'i~"\')ltHlln !11I'" C.!!)I! SHlrI,J111f/.- of P~urh;;;;o;;;;V-~H'D"lllJtry PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This St1crion of form fo he liSt-'ei ONL Y when illl/wll,,,,, W,JS DEFENDANT (sm.' Pa. R.C.P.J.P. No. '001(1) 111 iJCrion he fore District Justice. IF NOT USED. rlP.tach from COIlV of 1Ioru..:e of ilPIJI!<J1 to 1m St.'rVf.lfJ 11,,1)11 ilfJpel"w) PRAECIPE: To Prothonotary Enl'" 'ule upon QO" /,AY'r\C>,t"\Ja r 1~1 \ rL ,ap~)ellee(,I, to 1,le a compla,,,, in th.. app.a' N,lmr/ 01 oJp/hH#ee(s) (Common Pleas No, 9'1.:..35-Y'-_Cl..Jt.~LTt.f'lTt.thin twellty 1201 days after serVIce of rule or suffer ent ros. &A/~-"'-' W ~ ~~II' of dp-,,,II.nt or IllS ar rn,y or dg,mr '>() 01" \;~b" bI,\\'.... Ap~, to' O;\\"r,.'e.\> r", nu,~\ l1\\~ q;/,!- '"1.1.~(o (1) YOll are Ilotdled that d rule IS hereby entered upon YOlJ to file ol cornplJlrlt In thiS Jppeal withm twenty (201 days after the ddte of service at thiS rule upon you by persofldl service or hy certltll~d or registered mail. RULE: To_Ch-jA."'W:\ch_mE1,..(., k_ Name of ,Jppellee(s"jtJ . appell.",,) 12) It you do not t,le a compla,nt w,thon lhos "me, a JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU, (3) The date ot serVice of thiS rule if 5ervice was by mad is the date of mailing. D.,.~~d1 IS ,19J1 ' -8'J.JJl-,~ 'm. , AOPC 312-00 DONALD L. FLAGLE, II and AMANDA S.II, FLAGLE, P1alntlff~ IN nlE COURT OF CO~lMON PLiAS OF C~IBERLAND COUNTY, rENNSYLVANIA :40, 91,-3~98 CIVIL 19 94 v, TROY A, PIAZZA and KIM M. ADDINGTON. Defendants RULE 1312-1. The Petiti~n for Appointment of Arbitrators sholl be aubatantially in the follow1nl form: PETI~ION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE. THE JUDGES OF SAID COURT: Ri~harrl L. Webber. ,Jr. , counsel for ~he plaint1f~/defendnnt in the above 1. action (or actions), respectfully represents that: The above-cQptioned action (or sctions) is (are) at issue. The claim of the plaintiff in the action is S 1,248,25 nle counterclaim of the defendant in the action is 794.00 2. The fo1,lo"'ing attorneys an interested in the cQse(s) as counael or nre other- wise disqualified to sit as arbitrators: Richard L. Webber, Jr" Esquire WHEREiORE, your petitioner prays your Honorable Court to appoint three (J) arbitrators to whom the cnse shall be submitted, ORDER OF COURT Esq., I:'M'r'IJA ~,J \ht..kltlsk,' above-captionad action (or actions) as prayed tor. TIe court,_" , ((,' ,I (--=- ~k\ ~J. (l; , l.., at .- t r-tl ~ JAN 'I 8 1'3 ~11 '95 .. ".r 1.~~ ~ ;'1 r " ,'I c._ ".1. ' '~l j' \) *~ Hi iM,~ II) ,~. l~' ~~~ ,,~ ,~ L' dY ('oJ 'I, " ... u:l ~ / It .. " c. VI , , , ' WILLIAM A, YOCUM ATTONNI.Y AT LAW :SOOl MA"MIT .T'UlT CAM~ HILL.. "" 11011 "'"114 COOl. 717 TILI,HONI "'.10.1 Januory 19, 1995 Hr. Troy A. Piazza & H.. Kim Addison 30 Old Cobin Hollow Rood Apartment 103 Dilleburg, PA 17019 ReI Donold L. Flagle II ond Amando Flagle v. . Troy A, Piozza ond Kim M. Addington , Dear Hr. Piazzo and He, Addington We hovl/ enclosed the Notice of a heoring for the above-referenced matter on Februory 16, 1995 at 1:00 o'clock P.H, In light of the fact that we have no telephone number to contoct you, I would oppreciate it if you would confirm r~ceipt of the notice by telephone or mail. Thank YOII for your anticipated cooperation. Very truiy yours, W:~~~~o:~~ WAY/kl Enc. <. iJt .. E ~ Cl") - ~r: ~.~.., '4-J ..1" -Ii ~t;('J..! 1.6- .\', f ~I I ~:" -!r ,.; lit: \l:i- i ~ ~ : iJ J ""l. :;) ~'J ,~., ~ ~. "" - " .. .. : , ," '... ~ J"'""'........ ~ i 'I . .. .' ,1'1 I ,I ~'~ '-.r ~!, "'r (I . . " , I . cornpltt. rttm. , If'Id/or 2 ror .ddlllon.1 ..Mell. I, Complet. II.m. 3. .net 4. . b. . 'tlnl your n.m. .nd .dd,.... on 11'1, t.y.,.. 0' Ii'll. 'orm .0 Ihlt w. can NI.Jrn m', c.rd to you. , . AU"h 11'1', form 10 th. 'ront of 11'1. m.ilpllc" or IJn Ii'll bet" II .p.e. dOli nol ptrrni~ .& . Wriw "Allvm A.Cllp, RoquIII.d" on th. mlllpi.CI btlow Ih. .rlil;l. numNr . nl, R.lurn R'Clipr wlll.how II' whom lh. .rtle:l. w.. d.lIYlr.d.nd 11'1. dill I d.lly,r.d, 13. Article Addreued to: p"'c.!-c,roi L ",hznl,.- J^ I(.~'L' , II' INq}t IlJ~J ':>\J. \~j Av€. p.O. \\0)<. 4u N~"'II:\\ L,I'A n~"l \ -004-u , . , , I .1.0 wlllh to ,...1.. .,;. following .",vl... 110. 1/1 ..11. IHI: " 0 Add'.....'. Add,... l 2, 0 ROIlIlcl.d D.llvery I:,' Conlult oltm..t.r tor tH. . 4a. Article Numb., 4b, 5orV: Typ. ~ l- J o R.glll.rod 0 In.ured c.rC.rtlfl.d 0 COO I' [J Exp"" M.II 0 R.lu,n R...lpllo, 7, Oil. 0 ~("t r '( t 8. Add........ Addr...IOnlv II ..quilted I' .IId f.. I. p.ldl ,,: " " ,j, j~~~ .', ,I Slgnltu.ro (Addrea8ee) DOMESTIC RETURN RECEIPT " J .1,/ ~','[,j (;' ';f, ~i';' ,:V.",~ ~t ':1 tt:.! -rl .r ' f I' 1 ~ .' -. il Ii '... 1 w:~I~;tiIi', {'f " . ~ >,; rj it \, I QftIIIIt IuIIMll PENALlY RlII PAlVATI U8I TO Avo.o 'A'IMtNT . C11 POlITAOI. 1300 -- !,;'1' '."~,ldl":!:!"lt ":,\'\[I,,~ :~ill ;1'1 "/1 l,t'id 'I" I t-, ',1 ,,'t I I ;t J,;'-; t !','j,,'" l'l,I';_ I J,_/ qj;! "~ '~. j . I" ". , i I , , \ ' " , \ ',.,'j ,,r ': 1",_ ',; _ 1.'_ " i".-o ITA'IIIl'OITAL ....VICI 1'/1'1', . I I I I 111111 -.-- ~ , I: I", , , Print your nlm', addr,.. ,nd ZIP Cod, herl '1(-oy A ~\c\'Z.'t~ ' " '. " i 30 010\ Ct,Vl\' tk\\c;vJ p.J,) t\ pt, 193: \)', \\sbw 5 j v/~ 1'70\C'1 I , , I 1 I I I, I' I ,,. " t \, " ldv'l I ii" , 1\ \. I I! " , ,," , ," , f'i 1 " .'. -,-.... " RICHARD L. WEBBER, JR. Anorney al Law 366 Green Spring Road P,O, Box 40 Newville, PA 17241-0040 ^ PI( I I i8911CIp\ /'J!' J ~--- JI " ,. '9,.J l) Telephone (717) 776-6566 FAX (717) 776-6086 April 9, 1996 VIA FACSIMILE AND U.S. MAIL Tho.as Cheffins, Court Adminiltrator CUMBERLAND COUNTY COURTHOUSE - 4th Floor 1 COllrthouse Square Carlisle, PA 17013 RE: Flagle v. Piazza No. 94-3598 Civil Term Deal' Mr, Cheffins: This letter is to confirm the substance of my telephone conversation to YOllr secretary on Monday, April 8, 1996 in which I indicated that the above-captioned caBe has settled. The parties have executed a Mutual Release which resolves the issue. raised in both the Complaint and the Counterclaim. You may therefore remove the cftse from the scheduled trial date of May 3, 1996 at 9:30 a,m, It was to be heard by JlIdge Kevin A, Hess. Thank you for your attention to this matter, Sincerely, .;/hA~~/./ 0-v:"tL/ Richard L. Webber, Jr. RLW,JR/tw , cc: The Honorable Kevin A. Hess Mr. and Mrs. Troy Piazza