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KENNETH R. GUISlWlTE, M.D. and
CAROL G. GUISlWlTE, his wife,
Plaintiffs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO. 95 - 1.5'5' 0
CIVIL TERM
CHARLES L. HOWE and DEBRA D.
HOWE, his wife,
Defendants.
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth In the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing In
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that If you fall to do so the case may proceed without you and a Judgment may be
entered against you by the Court without further notice for any money claimed In the Complaint
or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights Important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURT HOUSE
FOURTH FLOOR
CARLISLE, PA 17013
(717) 240-6200
c:\wpSl\nnmdocl,&utllwttc.complllnt
KENNETH R. GUISTWITE, M.D. and
CAROL G. GUISTWITE, his wife,
Plaintiffs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO. 95.
CIVIL TERM
CHARLES L. HOWE and DEBRA D.
HOWE, his wife,
Defendants.
.c.QM.f.I.AlNI
AND NOW, comes KENNETH R. GUISTWITE, M.D. and CAROL G. GUISTWITE,
his wife, Plaintiffs In the above captioned matter by their attorneys, FLOWER, MORGENTHAL,
FLOWER & LINDSAY, and ~tate the following Complaint against Defendants:
1. Plaintiffs are KENNETH R. GUISTWITE, M.D. and CAROL G. GUISTWITE,
his wife, adult Individuals, residing at 1225 Sadler Drive, Carlisle, Cumberland County,
Pennsylvania 17013.
2. Defendants are CHARLES L. HOWE and DEBRA D. HOWE, his wife, adult
Individuals, sui Juris, who formerly resided at8 Cumberland Drive, Carlisle, Cumberland County,
Pennsylvania 17013; and who now are believed to reside at 1168 Newville Road, Carlisle,
Cumberland County, PennsylvanIa 17013.
3. Bya Lease dated September 16,1988, between Plaintiffs as "LANDLORD'
and Defendants as '7ENANr', Defendants leased from Plaintiffs, a three bedroom bl-Ievel house
with attached garage, designated as B Cumberland Drive, Carlisle, North Middleton Township,
2
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Cumberland County, Pennsylvania. A copy of said Lease Is attached hereto, made part hereof,
and marked exhibit "A".
4. As provided for In said Lease, Defendants rented said property for a one
year period, beginning September 16, 1988, and ending the last day of August, 1989. After
August 31, 1989, said Lease converted to a tenancy at will, and continued In that status at all
times relevant hereto.
5. Said Lease provided for a monthly rental of Six Hundred Twenty-five
($625.00) Dollars, per month, to be paid by Defendants to Plaintiffs, and In addition, Defendants
were required to pay the cost of utilities, including electricity, water, sewer, trash, electric heat
and grass cutting.
6. Also by the terms of said Lease, Defendants were required to pay for any
repairs to any item In said house, costing less than Twenty-five ($25.00) Dollars, or, In the case
of repairs caused by negligence or intent of Defendants, to pay the entire repair cost.
7. Said Lease also provided that Defendants were required to keep the yard
around said house In good repair and cut the grass regularly; and to keep the house and Its
surroundings clean and free of all debris.
8. Defendants further agreed by the terms of said Lease to use due care In the
use of the house, the appliances therein, and all other parts of the property as well as to pay for
all repairs to the house, Its contents, and all other parts of the premises which were necessitated
by any lack of care on the part of Defendants, members of Defendants' family or visitors.
3
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9. Defendants, without giving proper legal notice to Plaintiffs, and without
receiving the permission of Plaintiffs, moved out of said house on Sunday, February 26, 1995.
10. Defendants breached their duty to Plaintiffs under said Lease In the following
particulars:
A. By failing to pay rent for January and February of 1995, during which
time they occupied said premises;
B. By failing to give proper notice of the termination of their lease term,
which prevented Plaintiffs from securing new tenants for the premises for March, 1995;
C. By failing to pay water and sewer bills to Carlisle Suburban Authority
as required for the periods ending Octobar 30, 1994, and thereafter;
D. By damaging said premises, through negligence or Intentional actions,
resulting In, Inter alia:
(I) large holes and stains on drywall;
(iI) torn wallpaper;
(III) damaged and broken cabinetry;
(Iv) broken electrical sockets;
(v) broken windows;
(vi) broken plumbing fixtures; and
(vii) generally leaving said premises In a filthy and unhabitable
condition.
4
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E. By leaving behind substantial amounts of trash, debris, clothing,
broken furniture, and other household waste, which must be disposed of at the expense of
Plaintiffs.
11. Plaintiffs believe, and, therefore, aver that as a result of the damage and
debris left behind by Defendants, said premises cannot be repaired and made fit for rental to
other tenants until at least June of 1995, resulting In a loss of rent to Plaintiffs during said period.
12. Plaintiffs acknowledge receipt at the Inception of the lease term of a security
deposit In the amount of Six Hundred Twenty-five ($625.00) Dollars, which will be credited
against Plaintiffs' claim hereunder.
13. Defendants, upon removing from said premises on or about February 26,
1995, failed to provide a forwarding address to Plaintiffs; and they have continued to fail to
provided such address. The address set forth In paragraph 2 above, to wit: 1168 Newville
Road, Carlisle, Pennsylvania 17013, was ascertained through Investigation by Plaintiffs and not
by notification by Defendants.
14. As a result of the aforementioned actions and Inactions of Defendants,
Plaintiffs have sustained damage as follows:
A. Loss of rental during January and February of 1995, while Defendants
occupied said premises, One Thousand Two Hundred Fifty ($1,250.00) Doilars;
B. Loss of rental during months required to repair damages caused by
Defendants, One Thousand Eight Hundred Seventy-five ($1,875.00) Dollars;
5
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C. Unpaid water and sewer bills required to be paid by Plaintiffs, Five
Hundred Fifty and 40/100 ($550.40) Dollars;
D. Cost of hauling debris, broken furnlturtl, etc., left behind In said
premises by Defendants: currently unliquidated; and
E. Costs of repairs caused by negligent or Intentional action of
Defendants: currently unliquidated.
15. Despite demands for payment of the above items both by Plaintiffs and by
the Carlisle Suburban Authority, Defendants have refused and continue to refuse to pay the
same.
WHEREFORE, Plaintiffs demand judgment against Defendants In the liquidated
amount of $3,675.00; and In an as-yet unliquidated amount to cover the remaining un Itemized
damages. The total amount of damages claimed by Plaintiffs Is within the jurisdictional amount
for compulsory arbitration in Cumberland County.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attornays for the Plaintiffs
By
h~h
Ro er M. Morgen hal, E
11 East High Street
Carlisle, PA 17013
(717) 243-5513
1.0. #17143
6
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We, KENNETH R. GUISlWlTE, M.D. and CAROL G. GUISlWITE, Plaintiffs In the
above action, hereby verify that the statements made In the withIn Instrument are true and
correct to the best of my knowledge, Information and belief. We understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
~~
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. Kenneth R. Gulstwlte, M.D.
C QI.~t .tJ .!lw..Zh.;J:;)
Carol G. Gulstwite
Date:
7-""L1-9C
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H 0 USE
LEA S E
THIS LEASE, made the
16th
day of September,
1988, between KENNETH R, GUISTWITE, M,D. and CAROL G. GUISTI4ITE,
his wife, hereinafj:er collectively known as "LANDLORD" and
CHARLES L, HOWE and DEBRA D, HOWE, his wife, hereinafter known
as "TENANT",
WIT N E SSE T H:
That LANDLORD hereby leases to TENANT and
the latter lets from the former, a three bedroom bi-level
!I house with attached garage designated as 8 Cumberland Drive,
I
" CarliSle, 'North Middleton Township, Cumberland County,
;1 Pennsylvania, hereinafter called the "PREMISES", for the
"
Ii term of one year, beginning on the 16th day of September, 1988
II and ending the last day of August, 1989, at the rent of
II SEVEN THOUSAND FIVE HUNDRED ($7,500,00) dollars for the one
!! year period, payable in monthly installments of
II
Ii SIX HUNDRED TWENTY-FIVE ($625,00) Dollars per month each on
Ii
II the first day of each month in advance. This letting is upon
II the following conditions, covenants and agreements;
II
11 1, TENANT agrees to pay to lANDLORD the
I'
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I! monthly rent set forth above on the first day of each
\ month, in advance, at the residence of LANDLORD or at such
I
II other place as LANDLORD may from time to time request,
!I TENANT further agrees to pay a late payment Charge of five
!I per cent (5%) per month on the amount of rent in default on
"I
the fifth day of each month. If rental is mailed, the postmark
:1
Ii date will determine the date of payment. If any check for
,
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rent is returned to LANDLORD for insufficient funds or other
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reason, late charges will continue until rent is actually
paid by TENANT,
2, This lease may not be terminated prior
to the end of its specified one year term except by mutual
agreement of LANDLORD and TENANT in writing, TENANT may not
unilaterally terminate this lease prior to the end of its
term, and if TENANT elects to move prior to the said
termination date, TENANT must pay to LANDLORD, before moving
from the premises, all rent due to the termination date
(August 31,,1989), In any event, rent must be paid to the
said termination date prior to TENANT's move,
3, premises may be used for a Single family
dwelling only, and for no other purpose. TENANT agrees to
Use the dwelling house only as the personal residence of TENANT
and their children, and not to assign this lease or sublet the
said dwelling house, TENANT agrees not to alter or make
additions to the house, its painting or its fixtures and
appliances without LANDLORD'S written consent, TENANT agrees
not to do or to permit any act or practice, injurious to the
dwelling house, or to carryon activities which may be
unreasonably disturbing to the neighbors or which may affect
the insurance on the dwelling house,
4, This lease shall terminate absolutely
at the end of the. one year term on August 31, 1~89, and under
no circumstances shall it be deemed to renew automatically
for any term. Should TENANT hold over possession after
August 31, 1989, without the execution of a new lease by mutual
agreement with LANDLORD, the tenancy shall be deemed to be
a tenancy at will which may be terminated by the LANDLORD
in accordance with law. TENANT waives all notice to quit.
5, TENANT understands that the equipment
for utilities to serve the premises is installed therein and
TENANT agrees that the cost of the utilities shall be paid
as follows:
A, Electricity, water, sewer, trash, electric
heat and grass cutting are to be paid by TENANT,
B, Any repairs to any item costing less than
Twenty-five ($25,00) Dollars shall be paid by TENANT,
C, LANDLORD shall pay for professional tree
care, if needed, and lawn care as deemed necessary by the
LANDLORD.
D, 'TENANT shall keep the yard in good repair
and cut the grass regularly.
1 E, LANDLORD shall pay for all repairs over
Twenty-five ($25,00) Dollars except for those caused by
. . .
negligence or intent of the TENANT.
F, TENANT shall keep the house and its
surroundings clean and free of debris,
7, LANDLORD shall pay the real estate taxes
(county, township and school) on the premises, and shall
maintain insurance to cover the building. TENANT shall
provide insurance, in a company satisfactory to LANDLORD,
covering the contents of the premises, together with
liability insurance to protect both TENANT and LANDLORD
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against all liability claims from anyone, including costs
of defense, A copy of said insurance is to be made
available at the signing of this document.
8, TENANT agrees that LANDLORD shall have
the right temporarily to stop the service of electricity,
or water, in the event of accident affecting the same or to
facilitate repairs or alterations made in the premises or
elsewhere on the property,
9. TENANt agrees to use due care in the use
of. the dwelling house, the appliances therein, and all othor
parts of LANDLORD'S property I to give notice to LANDLORD of
the need for repair thereof, and, as specified above, to pay
for all repairs to the dwelling house, its contents and to
all other parts of LANDLORD'S property which are necessitated
by any lack of care on the part of TENANT, members of TENANT'S
family or visitors, LANDLORD shall make necessary repairs
to the dwelling house and the appliances therein within a
reasonable time after TENANT notifies LANDLORD of the need
for repairs,
10, TENANT agrees not to store junk cars or
other unregistered vehicles on the premises, and unless granted
written permission by the LANDLORD, not to park mobile homes,
travel trailers, campers or other similar recreational
or utility vehicles on the premises,
11, TENANT agrees that. LANDLORD shall not
be liable for property damage or personal injury occurring in
the dwelling house or elsewhere on lANDLORD'S property unless
the damage or injury resulted from the LANDLORD'S negligence.
If TENANT shall occupy the premises prior to the beginning
of the term herein specified, such occupancy shall be
I subject to the terms of this lease, and TENANT shall pay prior
I
II to occupying the premises rent for the same periOd from the
~ date of such occupancy to the beginning of said term.
I 12. If the dwelling house is damaged by
fire or other casualty, LANDLORD shall repair it within a
I
II reasonable time and rent shall continue unless the casualty
renders the dwelling house untenantable, in which case
I this lease shall terminate and TENANT, upon payment of all
I rent to the date the dwelling house is surrendered, shall not
I
I be liable for any further rent. If only a portion of the
, dwelling house is rendered untenantable, the TENANT may,
i with mutual agreement of LANDLORD, alternatively choose to
I, continue in possession and shall thereupon be entitled to a
I prorata reduction in the amount of rent, provided that
,
,
I election to proceed under this alternative shall not be a
I waiver of the TENANT'S right to terminate the lease if repairs
I.
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;i are not made within a reasonable time.
!I
" 13, LANDLORD or his agent, or any person
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II authorized by him with the prior specific consent of TENANT,
;; shall have the right to enter the dwelling house at reasonable
,I
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!i times to inspect, make repairs or alterations as needed,
II to enforce this lease, and, during the last two months of this
rl term, to show the dwelling house to prospective tenants
Ii
I: or purchasers, provided, however, that TENANT'S consent
:,
,
i! shall
'I
not be necessary in case of an emergency.
14, As specified above, TENANT agrees to
pay the security deposit set forth prior to OCcupancy of the
dwelling house. The security deposit in the amount of
.' .
SIX HUNDRED TWENTY-FIVE. ($625.00)
shall be held by
LANDLORD as security for the payment of all rent or other
amounts due from TENANT to LANDLORD, for the TENANTS
II performance of this lease, and against any dama~es caused to
I,
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the dwelling house or any other part of LANDLORD'S property
by TENANTS, their family, guests or pets,
TENANTS understand
and agree that the security deposit may not be applied as
rent or against any other amount due from TENANT to LANDLORD
'.
i
:\ without LANDLORD'S written consent, and that the monthly
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rent will be paid each month, including the last month of the
lease term, Within thirty days (30; following the termination
less any deductions from it on account of amounts owed by
TENANT to LANDLORD, to TENANT by check payable to all persons
signing this lease as tenant mailed to a forwarding address
which must be furnished by TENANT in writing,
15,
If TENANT shall fail to pay rent, or
any other sum, to LANDLORD when due, shall default in any
other provisions of this lease, or shall remove or attempt
to remove his possessions from the premises before paying to
lANDLORD all rent due to the end of the lease term, LANDLORD
ii' in addition to all other remedies provided by law, may:
!
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A,
Discontinue utility service, if any,
provided by owner,
B, Terminate this leasel
C. Bring action to recover possession of
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II the premises I
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D, Bring an action to recover the whole
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balance of the rent and other charges due hereunder, of
1/ whatever kind and nature, together with any and all
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consequential damages caused by TENANT's default, including
reasonable attorney's fees in the amount of Seven hundred
Fifty Dollars ($750,00) and court costs,
E,
If rent and/or other charges, including
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I payment of utilities, remain unpaid on any day when the
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same should be paid, TENANT hereby empowers any prothonotary
or attorney of any court of record to appear for TENANT in
any and all actions which may be brought for rent and/or other
charges, payments, costs and expenses, or agreed to be paid
by the TENANt; and/or to sign for TENANT an agreement for
entering in any competent court an amicable action or actions
il for the recovery of rent o~ tither charges or expenses, and
II
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in said suit or in said amicable action or actions to confess
jUdgment against TENANT for all or any part of the rent
specified in this lease and then unpaid, including, at LANDLORD'S
option, the rent for the entire expired balance of the term
i of the lease, and or other charges, payments, costs and
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expenses reserved as rent or agreed to be paid by the TENANT,
!i and for interest and costs thereof with an attorney's
q
commission as hereinabove specified
($750,00).
Such
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'i authority shall not be exhausted by one exercise thereof,
II but jUdgment may be confessed as aforesaid from time to time
H as often as any of said rent. and/or other charges reserved
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i! as rent shall fall due or be in arrears, and such powers
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il may be exercises as well after the expiration of the original
;j
': term and/or during any period of holding over after the
termination of this lease by tenant,
KENNETH R, GUIS'l'l'lITE, H.D, and
CAroL G. GUIS'n'/ITE, his wife,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO. 95-1556
CIVIL TEl~119
VB,
0ll\RIES L, HCX':E and DEB.~ D, . HCX'IE,
his wife,
Defendants
RULE l3l2~1. The Petition for Appointment of Arbitrators shall be substantially
in the following form;
PETITION FOR APPOINTItENT OF ARBITRATORS
TO THE HONORABLE. THE JUDGES OF SAID COURT:
Roger M. Morgenthal, Esquire , counsel for the plaintiff~ in
action (or actions). respectfully represents that:
The above-captioned action (or actions) is (are) at issue.
The claim of the plaintiff in the action is $ unliquidated **
The counterclaim of the defendant in the action is none
The following attorneys aro interested in the case(s) as counselor are other-
wise disqualified to sit as arbitrators: ~~rs of the law firm of
f'lo.-rer, llorgenthal, Fl=r & Lindsay
the above
1.
2,
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
R~~p~~ly submit:ed,
By' IVI'~1VV1 Vl/~-^---
Roger ~l. l!ol:'.;enthal~ Esquire
ORDER OF COURT
Or
, 19 I_J .
AND NOW, ~I...lI\L L. .A.-;
foregoing petition, 1, )/\1 / (LlC (')
Esq" and j)'l/V, '[ L r;;:Jd LI .s
in consideration of the
Esq., ph,,!/;1 Jfll/eL
~
,Esq., are appointed arbitrators in the
above-captioned action (or actions) as prayed for.
By he Court,
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. ** Default judgIoont has been taken against Defendants.
The sole issue for the arbitrators will be the assessment
unliquidated damages pursuant to Pa. R.C.P. l037(b) (1).
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SHERIFF'S RETURN
CASE NO: 1995-01556 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GUISTWITE KENNETH R MD ET AL
VS.
HOWE CHARLES L ET AL
ROBERT L. FINK, SR.
CUMBERLAND County. Pennsylvania,
to law, says, that he served the
, Sheriff or Deputy Sheriff of
who being duly sworn according
within COMPLAINT
upon HOWE CHARLES L the
defendant, at 1130100 HOURS, on the 4th day of April
1995 at 1168 NEWVILLE ROAD
CARLISLE, PA 17013 ,CUMBERLAND
County, Pennsylvania, by handing to DEBRA HOWE. DEFENDANT AND
ADULT IN CHARGE
a true and attested copy of the COMPLAINT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
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R. lhomas K11ne, Sher1ff
18.00
2.80
.00
2.00
$22.80
ROGER MORGENTHAL
04/05/1995
by
~~~~
JO epu y 5 en --
Sworn and subscribed to before me
...... -
this ID - day of l<)P'..Y
19 fjo( A. D.
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KENNETH R. GUISTWITE, M.D. and
CAROL G. GUISlWITE, his wife,
Plaintiffs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLA.ND COUNTY, PENNSYLVANIA
CIVIL ACTION. LA.W
NO. 95 - 1556 CIVIL TERM
vs.
CHARLES L. HOWE and DEBRA D.
HOWE, his wife,
Defendants.
f.BA.EClf.E
TO THE PROTHONOTARY:
Please enter judgment In favor of the Plaintiffs and against the Defendants above
named, for want of an answer, and assess the Plaintiffs' damages as follows: Amount of
liquidated damages claimed In Plaintiffs' Complaint, $ 3,765.00; unliquidated damages: to be
determined at trial; Interest from date of judgment; and costs of suit.
It Is certified that a written notice of Intention to file this Praecipe was mailed to the
Defendants against whom judgment Is to be entered, and to their attorney of record, If any, after
the default occurred, and at least ten (10) days prior to the date hereof, a copy of which Is
attached hereto.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for the Plaintiff
Date: May 11, 1995
By
7/ /, tilJL-
Ro er M. Morgenth I, Esquire
11 East High Street
Carlisle, PA 17013
(717) 243-5513
1.0. #17143
Date:
Judgment entered and damages assessed as above.
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95 - 1556 CIVIL TERM
KENNETH R. GUISlWlTE, M.D. and
CAROL G. GUISlWlTE, hIs wife,
Plaintiffs,
CHARLES L HOWE and DEBRA D.
HOWE, his wife,
Defendants.
.
I, ROGER M. MORGENTHAL, ESQUIRE, do hereby certify that In accordance with
Pa.R.C.P. ~237.1,1 have thIs date mailed to the Defendant In the above captioned action, Notice
that unless they take action withIn ten (10) days, a default Judgment will be entered against them.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for the Plaintiff
Date: April 25, 1995
rI07I'I
By \
Roger M. Morgenthal, Es ulre
11 East High Street
Carlisle, PA 17013
I. D. #17143
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