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HomeMy WebLinkAbout94-06582 ~ , lb! . 1 I E. . -? t.. ~ ..~ \.f) \ I ./J ( ! I I jl , I I i col 001 V) ~I &-1 , '[/ ~ WILLIAM SHEARER, WILLIAM FICKEL WILLIAM A. DUNCAN, RAY L. WOLFE,: JR., and ROBERT FREY, trading as: BLUE RIBBON PROPERTIES vs. IN THE COURT OF COMMON PLEAS OF CUMBERL~ND COUNTY, PENNA. NO. 9"~ (,5''1.1.- CIVIL DANIELLE MELLINGER, JUSTIN FICKEL, DANIEL C. SHENK, DONNA SPRAGUE and FRANK SHENK DEFENDANTS IN ASSUMPSIT NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLIAMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THE COMPLAINT AND NOTICE ARE SERVED, 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, TKE 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 TAKED THIS PAPER TO YOUR LAWYER AT ON~E. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator, Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 Lnw omc.. Duncan & Otm, P.C. WILLIAM SHEARER, WILLIAM FICKEL : WILLIAM A. DUNCAN, RAV L. WOLFE,: JR., ftnd ROBERT FREV, trading as BLUE RIBBON PROPERTIES vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 9./- tJ'f.l- CIVIL DANIELLE MELLINGER, JUSTIN FICKEL, DANIEL C. SHENK, DONNA SPRAGUE and FRANK SHENK DEFENDANTS COMPLAINT 1. Plaintiff Blue Ribbon Properties is a partnership consisting of William Shearer, william Fickel, William A. Duncan, Ray L. Wolfe, Jr. and Robert Frey, all of whom are sui juris individuals residing in Cumberland county, Pennsylvania. The principal business address of Blue Ribbon properties is 1 Irvine Row, Carlisle, Cumberland County, Pennsylvania. 2. The Defendants are Danielle Mellinger, Justin Fickel and Donna sprague, all sui juris individuals whose last Known address is 6984 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025, and Daniel C. Shenk and Frank Shenk, sui juris individuals whose last known address is 1918 Mary Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. Blue Ribbon Properties is the owner of a house located at 24 Parker street, Carlisle, Cumberland County, Pennsylvania. 4. On or about February 9, 1994, Blue Ribbon Properties entered into a lease agreement with the Defendants for the rental of 24 Parker Street, Carlisle, cumberland County, pennsylvania. A copy of the lease agreement is attached Lnw Offices I Dunenn & Otln. P.C. hereto, incorporated herein by reference and designated Exhibit nAil. Law Offices Duncon & Otlo, P.C. 5. Defendants failed to pay rent due for August and september, in violation of the terms of their lease and ware given a notice to quit dated August 31, 1994 by certified mail, a copy of which is attached hereto, incorporated by reference and designated Exhibit "B". 6. plaintiff posted a Notice to Quit on the premises dated September 7, 1994, a copy of which is attached hereto, incorporated by reference and designated Exhibit "C". 7. Defendants failed to pay the water and sewer bill in the amount of $129.71 as required under the lease. The amount was paid by Blue Ribbon properties on their behalf. A copy of the water and sewer bill and check for its payment are attached hereto, incorporated by reference and designated Exhibit "0". 8. The premises was vacated on or about october 7, 1994. 9. Defendants failed to clean the premises before vacating as required by the lease. Plaintiff was therefore compelled to expend $249.10 for cleaning the house and $100.00 for hauling trash. 10. Plaintiff sent Defendants a letter dated october 31, 1994 informing them that their security deposit would be retained to reimburse Plaintiff for the payment of the water and sewer bill, cleaning, trash hauling and unpaid rent. A copy of the letter is attached hereto, incorporated by reference and designated Exhibit "E". WHEREFORE, Plaintiff requests relief in the amount of $3,900, representing the amount remaining due under the lease agreement, $129.71 in payment of the water and sewer bill, $249.10 for Cleaning, $100.00 for hauling, plus interest and costs, less $650.00 retained from the security deposit. Respectfully submitted, \ II 11 ;A JY::) ~ /\A- ~~. ~~n, Esq. DUNCAN & OTTO, P.C. 1 Irvine Row Carlisle, PA 17013 ID#22080 Dated: 11- I ... i'y Law Ome.. Dunenn & Otlo, p.e. 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 4904, relating to unsworn falsification to er LEASE AGREEMENT '1mS l1GRIlI!JBn' W JBI\SB, made this ~._day of February , 19 94 , by and between Blue Ribbon ProDerties of 1 Irvine Row, Carlisle, PA 17013 1~A'imiclltggular or plural) and Daniel C. Shenk. . Hr..Frank.Shenk. Mrs. Donna Sprague.& Iwhether singular or plural), NrlNESSE'm, IN ~IDERATIm of the rents, covenants and agreements herein contained, the Lesaor does hereby lease and demise unto the Lessee 24 Parker Street, Carlisle. Penneylvania, 17013 , , hereinafter called the Lesaor Denielle Mallinaer & Juetin Fickel , hereinafter called the Lessee . being furnished with the following personal property of the Lessorl Range, diahwaaher TO IIAVE NlD TO IUD unto the Lessee, subject to the terms and conditions of this l\qreerent, for a teD1l of Dnli! Y"ar , cannencing: March 1 , 19.2A-, and ending on the 28th day of Februarv , 1995 . IN aHlIDERATIm of which , the Lessee agrees to pay the I.esaor as rent for the use and occupancy of the said demised premises, the s~ of Seven thousand eight hundrad dollars ($7,800) due and payable in 12 equal monthly installments of $650.00 due on the first (1st) of each month. AS A FtlRl11ER CXRUlERATIW for the use of occupancy of the said demised premises, the parties hereto agree to faithfully keep and be bowxl by the following covenants, conditions and agreements: 1. 'lbe Lessee has deposited with the lessor a security deposit of the SI.I11 of 650.00 dollars, the rec:e pt of ch s her ac owledged y the Lesaor. 'lbe Lessor s 1 retain said security deposit in an account which the Lesaor may apply only to remedy a default of the lessee in the faithful performance of the terms, conditions and covenants which the Lessee has undertaken, including but not limited to default in payment of rent and damage to the demised premises. 'lbe Lessee shall not be entitled to apply the security deposit: as the last rent payment. Within thirty 130) days. following the surrender of the premises by the Lessee and the acceptance thereof by the Lessor, the lesaor shall return to the Lessee all of the security deposit not required to ranedy defaults of the lessee. ~ interest shall accrue on the security deposit. 2. 'lbe demised premises are to be kept and maintained in BS gcxxl repair and condition as at the beginning of occupancy by the Lessee, and at tOO expiration of this l\qr~lletIt, or any renewal thel"OOf as hereinafter provided, the demised premises shall be surrendered in like repair and condition, nonnal wear and tear and damages happening by fire, storm or other casualties only excepted. 'lbe lessee shall not pa~t or make al. alte::ations, additions or :lnprovanents to the demised premises without the Lesaor's written consent endorsed hereon, and all alterations, additions or inprovanents made by either of the parties hereto to the demised premises, except movable and detachable personal property put in at the Lessee's expense, shall be and remain the property of the lesaor and shall remain upon and be surrendered with the demised premises, as a part thereof, at the termination of this l\qreanent. Lessee is required to carpletely clean premises, including any wall-to-wall carpeting, before vacating the premises. Failure to do so shall be grounds for forfeiture of security deposit in the MUUntls) ssazy to remedy such negligence by Lessee. 3. 'lbe lessor shall paY....IuI111 and fnRllran~~ lessee shall pay all other utilities and services, including but not limited to as water and aewer trash tele hone etc. shall keep the demised pr ses in a cleim and san tary cond t on, shall sponsible for the renoval of all garbage and trash froll the premises. Tenante shall be esponsible for lawn csre and snow remova~ from the sidewalks. 4. Each. of t.~ parties hereto agrees to insure the demised premises and its content. to protect the respective interest of each in the demised premises and the conl:ent:ll thereof. '111e Lessee agrees to be responsible for and to assure all liability for any dll1lllge to the demised premises by wind or precipitation caused by leaving windawB open, by overflow of water or stoppage of water pipes, by breakage of gl~ss or ; dmlago to screens, ard/or by deterioration of lawns or landscaping due to Lessee s abu.u or neglect. 5. '111e Lessee shall do nothing upon the demised premises contrary to the conditions of the policies of insurance upon the irrprovements herein demised whereby the hazard may be increased or the insurance invalida~ed. 6. ~ither the whole nor any portion of the demised premises shall be sublet, nor llhall the Lease or any interest therein be assigned by the Lessee, nor shall the lAIII. rB1lOW or att:enpt to remove fonn the demised premises during the tem hereof, or any renewal thereof, without the written consent of the Lessor, and no unlawful bu8ine.. shall at any time be carried on upon the demised premises. 7. '111e Lessee shall not keep any dog, cat or other animal or pet unless it hss been aqr~ to in writing by the Lessor, nor shall the Lessee play musical instrurrents, rlldio, tapa, recon!s or tele"Jision before 8100 o'clock A.M. or after 10:00 P.M. loud ..nough to disturb neighbors, nor violate any mmicipal ordinances or State laws of whatever nature, nor drive any tacks, nails or screws into any walls or other woodwork. 8. '111e Lessee shall make ard pay for all minor repairs to the premises up to and including the sum of Fifty dollars ($50.00)! . All other repairs shall be made and paid for by the Lessor ('.xcept for such repairs as are necessitated by reaBOn of the Lessee's negligence or the negligence of any nerber of their family, household pets, animals, inviteea or guest. 9. Prior to midnight on the final day of the tenn hereof, or any renewal thereof, Lessee shall remove all garbage and trash, clean the premises and floor covedngs and return all keys to the Lessor. 10. '111e Lessor expressly reserves the right to enter upon the demised premises at reasonable tiJoos for the purpose of making necessary inspection, repairs, or to show the sarna to prospective purchasers or lessees, or to a loan or insurance agent, and may display "For Rent' or "For Sale" signs thereon. 11. 'Ihe removal of any goods fran the demised premises, whether by day or by night, without the written consent of the Lessor, shall be deemed a clandestine and fraudulent removal and such goods shall remain liable to distress for a period of thirty (30) days after such removal, wherever they may be found. 12. '111e Lessor designates Bille Ribbon Properties as agent to receive all rents and notices, and to act on behalf of the Lessor in any ther watter pursuant to this Agreement. Rent shall be payable on or before due date s provided herein to 1 PA 1 013 . 13. If Lessee s 11 efault the paynent 0 rent or any part thereof after 11111! becare due, or if the Lessee shall breach or evade or atterrpt to break or to evade of the covenants, terms or conditions of this Jlgreement, the entire rent reserved or the full tem of this Lease remaining unpaid shall becaoo due and payable at once may forthwith be collected by distress or otherwise; and at the same tiJoo the ssor may forfeit and annul the unexpired portion of this Lease and enter upon and epossess the said premises with or without process of law, and without giving any tice whatsoever. 14. Any property not owned by the Lessor and remaining on the demised premises fter the termination of this Agreement, or any renewal thereof, or upon forfeiture and lrnent of the Lessee's rights under this Agreement, may be removed fran the premises the Lessor and stored at the Lessee's expense. 15. I\cceptance by the Lessor of any of the said rent at any tiJoo after the same hall becane due, after default has been made in the payment thereof, or any failure to nforce any. of the rights herein reserved to the Lessor or any of the penalties, . orfeitures or conditions herein contained, shall not in any way be considered a waiver f the right to enforce the same at any time without any notice whatsoever, and any tt:enpt to collect the rent by one proceeding shall not be considered as a waiver of right to collect the same by any other Proceeding, but all of the rights of the ssor, and all forfeitures, penalties and conditions may be enforced together or ccessively at the option of the Lessor. 16. It is further agreed by and be~n the partJes hereto that if the Lessee ~ I:leccma inSOlvent, make an assignment for the benefit of creditors, camdt any act ptcy, file a vchmtary petition in bankruptcy, or any involuntary petition in toy be filed against the Lessee, all of the rent reserved for the full tem of B1~~ntpBh~ bea:rne due and collectable :1mnediately by distress or otherwise. . e ro notary or any attorney of any court of record of Pennsylvania is eby authorized to appear for and to confess a judgE!'1'eDt against the Lessee and in vcr. of the Lessor for the whole amount of said rent as hereinabove s t f th 18. '111e Lessee hereby waives the usual notice to quit, and agree: to o~ur;ender de;tsed premises at the expiration of said tenn, or at the end of any renewal reo , or the tennination of this Agreerent without any notice whatsoever n an ng instituted for the recovery of said rent, either by distress or ~th~ise y eiLenqusiseeitwai ives the benefit of all appraisement, stay and exemption laws the right s on on real estat.e and all bankru t i 1 ' reafter passed. ' p ey or nso veney laws now enforce or !1I. Upon the breach of any of the covenants, terms or conditions of this hjl..e.llent or upon its termination by forfeiture, default or expiration, the . , Prothonotary or lU'\Y attomey, as aforesaid, is .hereby a\lthorized to appear for and 1;0 confess jtngment in any IlIIIicllble action of ejec:tJrent against the Lessee and j n favor of the Lessor for. the possession of the demised premises, and to direct the imnediate issuing of a Writ of' Possession to include a clause for costs and rent due, waiving all irregularities, without notice and without asking leave of Cour~. 20. If the Lessee shall continue in possession of the demised premises after the expiration of the teIl1l8 specified in this 1\greement with the consent of the lessor, it shall be deeIred a renewal of this Jlgreemmt upon the same c.ovenants, teI111S and conditions as herein contained for a like tem and shall so continue to be renewed for successive like teIl1l8 unless or until this Jlgreement is tenninated by either party giving to the other not less than Sixty (60) days written nctica for rE!lOOVal prior to the expiration of the then current terml provided, however, that if the lessor shall have given~O) days written notice prior to the expiration of any tem of intention to c the teImB am conditions of this hjleanent, includilYiJ rental tEmns, and the Lessee Bhsll hold over after such notice, the lessee shall be considered a Ieseee under the teImB and conditions, including rental terms, mentioned in such notice for a further tem as provided herein am until this J\greement is terminated by notice or othe.rwise, as herein provided. 21. All notices, demands am requests which mayor are required to be given by ither party to the other shall be in writing, am either delivered personally to the or sent registered or certified mail, to the addresses of the respective parties at such other place as either party may hereafter notify the other. 22. '!he teI111S am conditions of this Jlgreement shall in no way be changed or ltered except by writing signed by the parties hereto. Further, the covenants and ts herein contained shall awly am inure to the benefit of the parties hereto, ir respective heirs, executors am administrators. . 23. Due to insuranee requirements, tsnants are prohibited from using the fireplace. -;P()pCtfIJ t,IfAJ tJFFIC E tv 'Z-~rlJ y . ~V9- 77fO ~ '\- ,~ (j)Cl~ cr .i?I~ JF.R~ Daniel C. Shenk ,/~ ~. 7l11~~' ~~ Danielle Mellinge~ (Lyt__ RJh ~tJ) LESSEE )f;;t~ Pickel ~ -1.. a=;SW 0 CO~~i~ER Prank Shenk c'i!g~~~ ~~J~ague CQ-SIGNEP -3- Duncan & Otto, P.C. Attorneys at law One Irvine Row Carlisle, Pennsylvnaia 17013 (S@)[PW William A. Duncan Susan J. Otto (717) 249-7780 FAX (717) 249.7800 August 31, 1994 Daniel C. Shenk Danielle Mellinger Justin Fickel 24 Parker Street carlisle, PA 17013 Dear Mr. Shenk, Ms. Mellinger, and Mr. Fickel: Please be advised that this office represents Blue Ribbon properties in regard to your delinquent rent payments. Rent in the amount of $650.00 per month is over due for the month of August and is currently due for the month of september. We have also been informed of the possibility of a pet living on the premises. If this is true the pet must be removed immediately as this is a violation of your lease as no pets are aloud. Your landlord has tried several time to reach you, regarding the above, to no avail. Since you have made no attempt to contact Blue Ribbon Properties regarding your rent payments we must now request that all rent due be paid within 10 days of the date of this letter or we will begin process of eviction. Please take this as Notice to Quit, as of September 30, 1994, if you do not pay your rent in full and have the pet removed. Yours truly, Duncan & otto, P.C. '.J\)(Eli~u.A/l.'- eu",,- william A. Duncan ws cc: Blue Ribbon properties Mr. Frank T. Shenk a t H I I 11:8 Il LI'I G'" I M ..U LI'I III > ~ .D "==8.5 LI'I o 5- IT1 i~iH ~ 00 .! r IT" ~ i - 2: .! c a:u :l!&1!! j j Do ~UI .! I J J I 1661 ouor 'OOBt WJ.~ Sd ;;j ~ ~ .., lJ ;:.::;--1 :z: 0 :!!: ~t-t ffi ~f: ~, O"~ -' 1:;1 r:: r,.., "j ~ fJ fA >- I I~J I -, I ~l .'- I ';:, c- , , ~I "; I I I ,., I 1~ I I I I ~l~r:'jF.:l~ ,_ I -y........ I" I...J - -i .....~.. ~ I~ 1:'"1 I ..., I:) ." I" :&: '!) q; ~ ~ ill- .L'~I'I_,.:t .. r .... fJ2 ", ,., c: ", -1 c:. ::t ~ ,.. -, .... t:.1 ,.::. .- -,I .;.:. ~, f" r.J I I-" ~.~ 1;1 ~::t:g' I.... I .. ''':''-'' ~....... '..j 0', (S'J l:zl ,.J 0) ~ re, IT1 H ." -t " ,-- , ~, ~. ~ ~ t)' ~ <. .... ,-. ,,, -' ' . Duncan &: Otto; P.C. Attorneys at law One Irvine Row Carlisle, Pennsylvnaia 17013 William A. Duncan Susan J. Otto (717) 249-7780 FAX (717) 249.7800 NOTICE TO QUIT SEPTEMBER 7. 1994 Hellingar. Shenk & Fickel 24 Parker Streot Carliale, PA 17013 YOU ARE HEREBY GIVEN NOTICE TO VACATE THIS PREMISES 30 DAYS FROH THIS DATE BECAUSE YOU HAVE BREACHED THE TERMS OF YOUR LEASE. YOURS TRULY, WILLIAM A. DUNCAN 1 c BLUE RIBBON PROPERTIES 1 IRVINE ROW CARLISLE, PA 17013 (717) 243-1551 or (717) 249-7781 October 31, 1994 Ms. Danielle Mellinger Mr. Justin Fickel Mrs. Donna Sprague 6984 Wertzville Road Enola, Pa. 17025 Mr. Daniel C. She~k Mr. Frank Shenk 1918 Mary Lane Carlisle, Pa. 17013 Gentlemen and Ladies: This is in reference to your security deposit in the amount of $650.00 on 24 Parker Street, Carlisle. We intend to retain your deposit for the following: $129.71 for the delinquent Water and Sewer bill; $249.10 for Cleaning the house; $100.00 for hauling trash; The remaining $171.19 will be applied to your delinquent rent in the amount of $1950.00 as of October. d you have any questions please contact our office ssible. w VIA CERTIFIED MAIL a t '!,' " ,:>;~.~& , . ;~: ~~j~~.,~'< ..~,~,- '-. ':{\~~~\~~.}~:f'~ "(-"Y'~" " .' ..;,jr~it~ " '<"')~l;, i.\I,:'dir,:,,'tJ~~) J- i-~!t!!&\ , . ~:::.X'~:~'i:~:~~.~~~_;~ff~~~~~~~;'~~~PJ; .... "," ,,""'4'_ \ '.~ .~-c;,~,~~\~._~~ ,"" ',,-'.~','," -';""";':""'.'"'jl::~V1:"tY:~"i', ."-.', .~.,{, :::; t: ;.\ - ,:-2/ {:-;-'~,:! ,\~t f(~F.\:bI" r-r~II",'~,l~' ; 'J"., ;.-' ;~",,':"!:.;r-'r',W\:'" a""'l"'Ji-' ;.c~:: _i,1,~: ::}/if_~;~~::'~\~fai._:j*~!:~ . 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'1' ';1, ~'IH' ."'/ \....~\1"'~ i,'.,''''_, .''::. ~ '\.":". ,~i. ';/'''1 ,,;:i' '~r~;sA~~~ , , .' 1.,,(,(- ,.-",-~\.... ,.,..-r....l.~*-i1fi'~ .:;aJ,~ , _ .-"."l";"~':',~;~<~,J:j:h!.~t;;},'f~Jf\~\'tj ." . ljl : ~...Cl ;~" . :E:'~. fa: "0 I> .:'m,~'.. 'i!l~~' <:,i!~~, ;'\:':1 ~l- ,) .... ~.a .', I"l ~ t, , I, 'Of> ""j' .., rl, ,"'" ,-,. \ .-{;' '. ,'; '. -/f,- ; ,:>"', ",'1 ,', ,,-.-. ~.... -;, - ,~,-- ~-~,:, .~~ .-,- l-j~r, "';,:' -.', ,,', ;-.,,"'1',;,- :;~~''-,-':: t}~\l ~+,t3.'~ I ~ ", "\; , . .",.!.. .1....' <":'~1't~ \. . \., ',\': ,a -:. '\ '\"'" _~ '1.,:,t;':.'"~~:"I".~;-"~'ti: , .< ..'. . ",;' )_',\ \{!i;'~{:'F"~~ ..' ,,-\... '.' I 't-tlf-rS 'f("\-";\,' ~.!', +f ':~1t~;o~''''i '_t'.o~..: . ' , , ~ ' ,<. l,.;:t.' "l:' ,....1.: . ,,' .' '1- t" ',' "''',,-:f<)'.I.'''';: " . -"'''''f.'II.... II \Il.... .t_, ' . _ '" '- 'f" '1 \r'l~ ~~ .."~- .', -:": ",,;..'> 'J " ;..,h~..l:i':'; ~~~, ,.1' , '. R ., '(\:"'t,"-\: .. . . ':..+"~'~" f, '>-' -:"\,\- " ", \'\ " "'.' ,...,v~.''.~I ..1 ,;'- ,;" --'-.. ,'> m~;:;:~'(r :Ji~t;,{..,. j,~,' , , ,~: :,.1 ,:;' ~ \. -,- -.,' '. -',' " 'I' , ~'... . ~ ,'- .'. .. .' .' . : ,~~ . -. . -' . , - . - ~: I - . ..' _ _~_ , ' . " ! . COMMONWEALTH OF PENNSYI,VANIM COUNTY OF CUMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-6582 Civil Term Complaint in Assumpsit and Notice William Shearer, William Fickel, William A. Duncan, Ray L. Wolfe, Jr. and Robert Frey, tla Blue Ribbon properties VS Danielle Mellinger, Justin Fickel, Donna Sprague, Daniel C. Shenk and Frank Shenk Leroy Hippensteel, Deputy Sheriff, who being duly sworn according to law, says that on November 22, 1994 at 10:18 o'clock A.M., E.S.T., he served a true copy of the within Complaint in Assumpsit and Notice, in the above entitled action, upon the within named defendants, to wit: Danielle Mellinger and Donna Sprague, by making known unto Danielle Mellinger, defendant and adult daughter of Donna Sprague, accepted both copies, at 6984 Wertzville Road, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. J. Michael Ickes, Deputy Sheriff, who being duly sworn according to law, says that on December 05, 1994 at 11:10 o'clock A.M., E.S.T., he served a true copy of the within Complaint in Assumpsit and Notice, in the above entitled action, upon the within named defendant, to wit: Daniel C. Shenk, by making known unto Daniel Shenk, at 829 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. Philip Baughman, Deputy Sheriff, who being duly sworn according to law, says that on November 25, 1994 at 9:05 o'clock A.M., E.S.T., he serven a true copy of the within Complaint in Assumpsit and Notice, in the above entitled action, upon the within named defendant, to wit: Frank Shenk, by making known unto Frank Shenk, at 1918 Mary Lane, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he made diligent search and inquiry for the within named defendant, to wit: Justin Fickel, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Assumpsit and Notice as "NOT FOUND," as to the within named defendant, Justin Fickel. Defendant is not known at any of the within addresses. The Post Office has no additional information about defendant. Sheriff's Docketing Service Surcharge Costs: 30.00 20.16 10.00 60.16 Pd. by At ty . 12-16-94 to Before Me S<?_~f)B{~.j;'I(:' . ,,- .!'/~ r.. #~'m','-',-/~ R. Thomas Kline, Sheriff BY ;;f;;l./ ~;4lu0/r flep Slwr BY j f}1.,/,~) /~/!:-1 [)eputy Sheriff ?),I ,/ Sworn and Subscribed This Ii tv Day, of Y ,,,' '''7 (I /' ..,' , A.D.~ (.A. /)',I.C,.... ""''<'', ----;l'Prothonotary .. 1994, WILLIAM SHEARER, WILLIAM FICKEL : IN THE COURT OF COMMON PLEAS WILLIAM A. DUNCAN, RAY L. WOLFE,: OF CUMBERLAND COUNTY, PENNA. JR., and ROBERT FREY, trading as: BLUE RIBBON PROPERTIES vs. NO. CIVIL DANIELLE MELLINGER, JUSTIN FICKEL, DANIEL C. SHENK, DONNA SPRAGUE and FRANK SHENK DEFENDANTS COMPLAINT 1. Plaintiff Blue Ribbon Properties is a partnership consisting of William Shearer, William Fickel, William A. Duncan, Ray L. Wolfe, Jr. and Robert Frey, all of whom are sui juris individuals residing in Cumberland County, Pennsylvania. The principal business address of Blue Ribbon Properties is 1 Irvine Row, CarliSle, Cumberland County, Pennsylvania. 2. The Defendants are Danielle Mellinger, Justin Fickel and Donna Sprague, all sui juris individuals whose last known address is 6984 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025, and Daniel C. Shenk and Frank Shenk, sui juris individuals whose last known address is 1918 Mary Lane, CarliSle, Cumberland County, Pennsylvania 17013. 3. Blue Ribbon Properties is the owner of a house located at 24 Parker Street, Carlisle, Cumberland County, Pennsylvania. 4. On or about February 9, 1994, Blue Ribbon Properties entered into a lease agreement with the Defendants for the Law omce. Duncen & Otto, P,C. hereto, incorporated herein by reference and designated Exhibit rental of 24 Parker Street, Carlisle, Cumberland County, Pennsylvania. A copy of the lease agreement is attached "All. Law Office. Duncan & Otto, P.C. 5. Defendants failed to pay rent due for August and September, in violation of the terms of their lease and were given a notice to quit dated August 31, 1994 by certified mail, a copy of which is attached hereto, incorporated by reference and designated Exhibit "B". 6. Plaintiff posted a Notice to Quit on the premises dated September 7, 1994, a copy of which is attached hereto, incorporated by reference and designated Exhibit "C". 7. Defendants failed to pay the water and sewer bill in the amount of $129.71 as required under the lease. The amount was paid by Blue Ribbon Properties on their behalf. A copy of the water and sewer bill and check for its payment are attached hereto, incorporated by reference and designated Exhibit "D". 8. The premises was vacated on or about October 7, 1994. 9. Defendants failed to clean the premises before vacating as required by the lease. Plaintiff was therefore compelled to expend $249.10 for cleaning the house and $100.00 fer hauling trash. 10. Plaintiff sent Defendants a letter dated October. 31, 1994 informing them that their security deposit would be retained to reimburse Plaintiff for the payment of the water and sewer bill, Cleaning, trash hauling and unpaid rent. A copy of the letter is attached hereto, incorporated by reference and designated Exhibit "E". WHEREFORE, Plaintiff requests relief in the amount of $3,900, representing the amount remaining due under the lease agreement, $129.71 in payment of the water and sewer bill, $249.10 for cleaning, $100.00 for hauling, plUS interest and costs, less $650.00 retained from the security deposit. Respectfully submitted, ~~q. DUNCAN & OTTO, P.C. 1 Irvine Row carlisle, PA 17013 10#22080 Da ted : /I - I. -)'( Law omee. Dunenn & 0110, P.C. Law Ornce. Duncnn & Otlo, P.C. I verify that the statements made in this true and correct. I understand that false sta are made subject to the penalties of 18 Pa.C.S relating to unsworn falsification tO,aut ...... .. ) 'NOLFE & SHEAf\Ef\ REALTORS JJ South Pitt St. CO/lisle Po. 17013 (717)243-1551 LEASE AGREEMBNT 'l1IIB ~ (J.l' UWlB, made this 9th _day of February , 19 94 , by and between Blue Ribbon Prooerties of 1 Irvine Row, Csrlisle, PA 17013 _, hereinafter called the Lessor I~~r.~d~ygular or plural) and Daniel C. Shenk. Danielle HellinRBr & Juottn Fickel , Hr. Frank .Shenk, Hrs. Donna Sprague.& . hereinafter called the Lessee Iwhether eingu1ar or plural), Wl'mESSlmh IN m.slDERATIW of the rents, covenants and agreE!l1ents herein contained, the lessor does hereby lease and demise lUlto the lessee 24 Parker Stnet, Carlisle, Pennsylvania, 17013 being furnished with the following personal property of the Lessors Range, dishwasher '1U lIAVE IIND '1U IIlW lUlto the Lessee, subject to the terms and conditions of this Agreement, for a tenn of One YeAr , CCIIIOOIlcing HArch 1 , 19~, and ending on ,the 28th day of Februarv , 1995 . IN m.sIDERl\TIW of which , the Lessee agrees to pay the Lessor as rent for the use and occupanqy of the said demised premises, the sum of Seven thoussnd eight hundred dollsrs ($7,800) due and payable in 12 equal monthly installments of $650.00 due on the firat (1st) of aach month. JIB A FURl11ER m.slDERAT1W for the use of occupanqy of the said demised premises, the parties hereto agree to faithfully keep and be bolUld by the following covenants, conditions and agreementsl 1. 'I11e Lessee has deposited with the Lessor a security deposit of the SlUll of ~~td~fdwlli~Yi;-t;~-~;~i~;;d-b;-t1;~-~~;'~~--Th~-~~~~~6~~~~r re:~~:ict the security deposit in an account which the Lessor may apply only to remedy a default of the lessee in the faithful perfoIl1l!U1ce of the terms, conditions and covenants which the lessee has undertaken, including but not limited to default in payment of rent and damage to the demised premises. 'I11e Lessee shall not be entitled to apply the security deposit ae the last rent payment. Within thirty 130) days. following the surrender of the premises by the Lessee and the acceptance thereof by the Lessor, the Lessor shall return to the Lessee all of the security deposit not required to remedy defaults of the Lessee. No interest shall accrue on the security deposit. 2. 'I11e demised Premises are to be kept and maintained in as good repair and condition as at the beginning of occupanqy by the Lessee, and at the expiration of this l\gre.:.nent, or any renewal thereof as hereinafter provided, the demised premises shall be surrendered in like repair and oondition, normal wear and tear and damagE'S happening by fire, stonn or other casualties only excepted. 'I11e Lessee shall not paint or rrake any alte::ations, additions or inprovanents to the demised premises without the Lessor's written consent endorsed hereon, and all alterations, additions or inprovanents made by either of the parties hereto to the demised premises, except movable and detachable perllOlllll property put in at the Lessee's expense, shall be and remain the property of the Lessor and shall remain upon and be surrendered with the demised premises, as a part thereof, at the termination of this lIgreement. Lessee is required to c:atpletely clean premises, including any wall-to-wall carpeting, before vacating the premises. Failure to do eo shall be grounds for forfeiture of security deposit in the BlrClUntls) neceesazy to remedy such negligence by Lessee. 3. 'I11e Lessor shall paY-Iaxe~ 4nd :lnAlIran~1;. . The LeSDee shall pay all other utilities and services, including but not limited to ter and sewer trash tele hone etc. and shall keep the demised pr sea a clean and san tary cond t on, shall responsible for the removal of all garbage and trash fran the premises. Tenanta shall be responsible for lawn care and snow remova) from the aidewalks. ~ . 4. Each of the parties hereto agrees to insure the demised premises and its contents to protect 'the respective interest of each in the demised premises and the contents thereof. 'Ille Lessee agrees to be responsible for and to asstnEl all liability for any damage to the demisccJ premises by wind or precipitation caused by leaving windows open, by overflow of water or stoppage of water pipes, by breakage of glass or damage to screens, and/or by deterioration of lawns or landscaping due to Lessee's abuse or neglect. 5. '1l1e Lessee shall do nothing upon the demised premises contrary to the conditions of the policies of insurance upon the frrprovarents herein demised whereby the hazard may be increal1ed or the insurance invalidated. 6. Neither the whole nor any portion of the demised premises shall be sublet, nor shall the Lease or any interest therein be assigned by the Lessee, nor shall the Lessee rerovs or attaTpt to remove fOIln the demised premises during the teIln hereof, or any renewal thereof, without the written consent of the Lessor, and no unlawful business shall at any time be carried on upon the demised pranises. 7. '1l1e Lessee shall not keep any dog, cat or other animal or pet unless it has been agreed to in writing by the Lessor, nor shall the Lessee play musical inst:ruoonts, radio, tape, records or television before 8100 o'clock A.M. or aft:er 10100 P.M. loud enough to disturb neighbors, nor violate any nunicipal ordinances or State laws of whatever nature, nor drive any tacks, nails or screws into any walls or other woodwork. 8. '1l1e Lessee shall make and pay for all minor repairs to the premises up to and including the Stml of Fift dollars ($50.00)' . All other repairs shall be made and pa for e Lessor except for suc repa rs as are necessitated by reason of the Lessee's negligence or the negligence of any I1leITOOr of their family, househOld pets, animals, invitees or guest. 9. Prior to midnight on the final day of the teIln hereof, or any renewal thereOf, Lessee shall remove all garbage and trash, clean the premises and floor coverings and ret'lITI all keys to the Lessor. 10. 'nle Lessor expressly reserves the right to enter upon the danised premises at reasonable times for the purpose of making necessary inspection, repairs, or to show the same to prospective purchasers or lessees, or to a loan or insurance agent, and may display "For Rent' or "For Sale" signs thereon. 11. 'Ihe removal of any goods fran the danised premises, whether by day or by night, without the written consent of the Lessor, shall be deemed a clandestine and fraudulent removal and such goods shall remain liable to distress for a pericxl of thirty (30) days after such removal, wherever they may be found. 12. '1l1e Lessor designates Blue ~ibbon ProDerties as agent to receive all rents and not ces, and to act on behalf of the Lessor in any other matter pursuant to this lIgreement. Rent shall 'os pay'able on or before due date as provided herein to PA 1 13. If lessee s all defau t the paynvml: of rent or any part ereof after e same become due, or if the Lessee shall breach or evade or attempt to break or to evade !IJ1Y of the covenants, terms or conditions of this lIgreanent, the entire rent reserved for the full teIln of this Lease remaining unpaid shall becane due and payable at once snd may forthwith be collected by distress or otherwise, and at the same time the tessor may forfeit and annul the unexpired portion of this lease and enter upon and ~epossess the said pranises with or without process of law, and without giving any lOt!ce whatsoever. . 14. lIny property not owned by the Lessor and renaining on the danised pranises Ifter the tennination of this lIgreement, or any renewal thereOf, or upon forfeiture and UlI1U1ment of the Lessee's rights under this lIgreanent, may be removed frem the premises '1'J the Lessor and stored at the Lessee's expense. 15. J\cceptance by the Lessor of any of the said rent at any time after the same .hall become due, after default has been made in the payment thereof, or any failure to !"force any of the rights herein reserved to the Lessor or any of the penalties, :orfeitures or conditions herein contsined, shall not in any way be considered a waiver If the right to enforce the same at any time without any notice whatsoever, and any ,tt:enpt: to collect the rent by one prc>ceeding shall not be considered as a waiver of he right to collect the same by any other proceeJing, but all of the ri~hts of the essor, and all forfeitures, penalties and conditions may be enforced together or uccessively at the option of the lessor. 16. It is further agreed by and between the parties hereto that if the lessee hall bea:..,.. inSOlvent, make an assigrment for the benefit of creditors, ccmnit any act f bankruptcy, file a voluntary petition in banktuptcy, or any involuntary petition in ~ be filed against the lessee, all of the rent reserved for the full tenn of Ilia lIgreanent shall becane due and collectable inrnediately by distress or otherwise. 17. '.ltte Prothonotary or any attorney of any court of record of Pennsylvania is !reby authorized to appear for and to confess a judgem:mt against the Lessee and in .lvcr of the Lessor for the whole amount of said rent as hereinabove set forth. ' 18. '1l1e Lessee hereby waives the usual notice to quit, and agrees to surrender 1e danised premises at the expiration of said teIln, or at the end of any renewal 1ercof, or the termination of this lIgreement without any notice whatsoever. Upon any :OCeeding instituted for the recovery of said rent, either by distress or otherwise, :e Lessee waives the benefit of all appraisement, stay and exenption laws, the right . inquisition on real estate, and all bankruptcy or insolvency laws now enforce or Ireafter passed. , or tions of this, , .,. n terml.nation by forfeiture, default or expiration, the 'l'rot:fiOOot:lu:y or lIhy attomey, as aforesaid, is hereby authorized to appear for and to confess j\dgment in any amicable action of ejectment; against the Lessee and in favor of . the Lessor for the posseesion of the demised premises, and to direct the imnediate issuing of a Writ of 'Possession to include a clause for costu and rent due, waiving all irregularities, without notice and witllout asking leall'll of Q>Urt. 20. If tho LesRee shall continue in possession of the demised premises after the expiration of the teJl1\9 specified in this 1\greement with the consent of the Lessor, it sMll be deemed a renewal of this Jlgreenent upon the smne covenants, teJl1\9 and conditions as herein contained for a like teIll1 and shall 80 continue to be renewed for successive like terms unless or until this Jl.greement is terml.nated by eitMr party giving to the other not less than 8ixtv (60) days written notice for removal prior to the expirstioo of the then current teIll1' provided, however, that if the Lessor shall hall'll given.JlWv (60) days written notice prior to the expiratioo of any teIll1 of intentioo to cI1ange the teJ:ms am conditions of this 1\greEluent, including rental te1:ms, and the Lessee shall hold over after such notice, the Lessee shall be considered a tes_ unlSer the terms and conditions, including rental tenns, mentioned in such notice for a further teIll1 as provided herein and until this J\greEment is terminated by notice or otherwise, as herein provided. 21. All notices, dEllWlde and requests which mayor are required to be given by either party to the other shall be in writing, am either delivered personally to the other or sent registered or certified mail, to the eddresses of the respective parties or at such other place as either party may hereafter notify the other. 22. '!he terms and conditions of this l\greement shall in no way be changed or altered except by writing signed by the parties hereto. nIrther, the covenants am agreements herein contained shall apply and inure to the benefit of the partieR hereto, their respectill'll heirs, executors and administrators. 23. Due to insurence requirements, tensnts are prohibited from using the fireplsee. -;:POtXA,v t A-;tJ tJf"FIC E. tv -&~'l; Y ~V9'" 77PO <'" T~ (j)Cl~ 0 .2J~ TP.RqF,R Daniel C. Shenk . ,/~ ~. -m~{1d-' ~ Danielle Mellinge~ ()~ PIn ~ LESSEE ;r~;t~ Fickel co~~~ra1s~ 0 c'iPf!a~! ~e~&ague CQ-SIGNEP -3- Duncan & Otto, P:c. Altorneys at law One Irvine Row Cnrlisle, Pcnnsylvnuio 17013 CS@CP)j William A. Duncon Susan J. Olto (717) 249-7780 FAX (717) 249.7800 August 31, 1994 Daniel C. Shenk Danielle Mellinger Justin Fickel 24 Parker Street Carlisle, PA 17013 Dear Mr. Shenk, Ms. Mellinger, and Mr. Fickel: Please be advised that this office represents Blue Ribbon properties in regard to your delinquent rent payments. Rent in the amount of $650.00 per month is over due for the month of August and is currently due for the month of september. We have also been informed of the possibility of a pet living on the premises. If this is true the pet must be removed immediately as this is a violation of your lease as no pets are aloud. Your landlord has tried several time to reach you, regarding the above, to no avail. Since you have made no attempt to contact Blue Ribbon Properties regarding your rent payments we must now request that all rent due be paid within 10 days of the date of this letter or we will begin process of eviction. Please take this as Notice to Quit, as of September 30, 1994, if you do not pay your rent in full and have the pet removed. YourB truly, Duncan & otto, P.C. '.J\)G&:&~U""/L" elllA..... William A. Duncan ~ ws cc: Blue Ribbon Properties Mr. Frank T. Shenk J~ , I. I; 1I1 = eJ ~ "" 1I1 ..~ t ..0 ,. o u ~ II 1I1 i~iH u m I cO II' ~ g~ ! lI'" U - z ! I c .!~ ;l!&1!! I Do ~1I1 ! i J I ~ IBBI lunr 'OOSE w'o~ Sd ... I L~ I ~ I ~ ~~U!i! ~ I ,-' I -:;1H . ~.: I" (1" I.I~ o. ..... ~) , F~ ~ - ~ -:~ .., 10) I :::! .." n I ~ n "" ... -< Z ")~~HiI)o ;:5; ::'1: 0 .... CJ .c, ~ u_, I 1. ,t -I ;!' ~ __0. ~ .. r- ! R1 gg F< , .... - -. ,.. fI2 ~ ..(~ a, -, I '.'1 ~ ... .,:) f'1 ,.::; .t. ... ,,- ", .~ 1'...1 .J.:. -:, Cj /T1 f' [~:n:'1:.::: ;r'. I 1-1 <1 :..~ ." . .. ...,:J ,..... .... -l ~ ...... \4~ 0.. I, I "J "J 1'.,) Q t,,) 0: OJ ~, I ;" . . , I t...., !8 fj f,~ Duncan & Otto, P.C. AttorneYI at law One Irvine Row Carlllle, Ponnlylvnala 17013 William A. Dunean SUlan J. Otto (717) 249.7780 FAX (717) 249.7800 NOTICE TO QUIT SEPTEMBER 7, 1994 Hallinger, Shenk & Fickel 24 Parker Stroot Carliale, PA 17013 YOU ARE HEREBY GIVEN NOTICE TO VACATE THIS PREMISES 30 DAYS FROH THIS DATE BECAUSE YOU HAVE BREACHED TIlE TERMS OF YOUR LEASE. YOURS TRULY, WILLIAK A. DUNCAN f c BLUE RIBBON PROPERTIES 1 IRVINE ROW CARLISLE, PA 17013 (717) 243-1551 or (717) 249-7781 October 31, 1994 Ms. Danielle Mel\inger Mr. Justin Fickel Mrs. Donna Sprague 6984 Wertzville Road ~nola, Pa. 17025 Mr. Daniel C. Shenk Mr. Frank Shenk 1918 Mary Lane Carlisle, Pa. 17013 Gentlemen and Ladies: This is in reference to your security deposit in the amount of $650.00 on 24 Parker Street, Carlisle. We intend to retain your deposit for the following: $129.71 for the delinquent Water and Sewer bill; $249.10 for Cleaning the house; $100.00 for hauling trash; The remaining $171.19 will be applied to your delinquent rent in the amount of $1950.00 as of October. any questions please contact our office w VIA CERTIFIED MAIL ~ ~\1\~~\~ .....;.- " .;-.., .. ~.JJJ.1,,141J1. 5l1J!;u;.~t ..1iJ.JJ..l"Wll.fJ.W 1... Ii JJJ.1.wll. [a the Clun 01 C_ Plc:u 01 ClIIDberlaad ClUllcy, PCDDrYh'UiA A. Duncan, Ray I.. Wolfe, Jr. and Robert Fr ------------..-------------------------------- trading as Blue Ribbon Properties 94-6582 CIvil. 94 a9______ N.,. -------------------------- VI. Danielle Mellinger, Justin Fickel, Daniel ------.-------------------------..------------ ---..----------------------.------------------- f......SJ1.~D~.....P.!lll\Ul.5.L'J:M.IJ.~_WV..t'4~...'\I~__ ...1~.~~~V~C5J1. ..................---..-..--. Please mark the above-captioned calle "Bet tied and discontinued" -----------------------.-------..------------------------------------.--.-----------------------. -- -.- --------------------------.-------------- .------..-------- -. -.. .....----..-.-----.-...-. ..---.--.-----------------.---.------------------------------------------------------.------ -----.---------------------- --------------------------------------------------------------------- ------------------------------------------------------.----.--------------------.----------.----- ---------------------------.--..------.-------------------------..------------------------------ ---------------------- -- ----------------------------- .------. -----..----. -- .--------------- 1ro ____.L~_W~___________________ Prolhonotary J,WUlllrv 23__00______________ 19...'l.i_ -lJ'-A ~-- ------------------ i " ~ -. \' .. J.~u ( " .:' ,~~, ~':,fn'~-~f ~~{)l_'" ""~:~i~ , , ~,V~:; . \la. -,,~, i ,',. f''''': , \ No. ___..._........___....__.... TerD1t 19......... ----------------------------------------- L 1.'1. ti '95 VI. ,,', ----------------------------------------. ,r PIL..ECIPE FUed ___u_____________________ 19.____ __________________________________, ."Iey. ----....------...----........------------------- .. , , - .'