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HomeMy WebLinkAbout02-5708COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FKOM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL /I- ~"'~ Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAM~ O~ AFf~LLANT :Edward i.iyers 09-1-01 OTY STATE Z~ 919 :ibson oulevard CV LT 0000522-02 ~teelton ~L~ 17113 Lynn ichols, ill This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. N~ If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1008B. 1 O01 (6) in action before District Justice, he MUST This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this cas~ Signature of Prothonotary or Depuly FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appel/ant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon - ~-]-~- ' ~'~'' ~.zO].~ , appellee(s), to file o compleint in this appecd (Common Pleas Na. ) within twenty (20) days after service of rule or suf~' entry of judgment of non pros. RULE: To i~l ~.luhul ~ , appdlee(s). Na~qe of appellee(s) (1) You are notified that a rule is hereby emtered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered moiL (2) If you da not file a complaint within this time, a JUDGN~NT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule If service was by mail is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERV]CE OF NOTICE OF APPEAL AND RULE TO FiLE CO~,'~PLAtNT ?mo/of scr~ce MU$/BE F/LED ~{~7]i?,,/T~._5 , ~ 5Y~Yt~ AF ~. /,/n~7 t~ ~x:: c~ o~ ~, {~./~ ~eck ~cp/c~b/e ~'~;x{' ~ COI~ONWEALTH OF PENNSYLVANIA COUNTY OF ; SS AFFIDAVIT: I hereby swear or a!Irm tha I served [i} acopzo ~:eNo o ~ppea ~.om lo Pleas No yon bed tct ,~t e (es ~ated ~e r ? (date o/serv, c~ reced attached hereto and ~pon the a~ e~/~;~ [~ by persona~ servce ~ by certt e(~ (reg s e"ed~ ma se~ tiers ~ by p~rso~a service ~ by reg s ere~ .~ a se des eci' ;~t ~r-~.~ ~rr~ r ~ and further that ! served the Rae to R~e a Compla r ccompanvbg the above Notbe of Appea~ ,.pop *he appel {}e(s) to whom the Rue was addressed on ' ' ha, ~en~ersreceptsttachedberet. ~ by ,to ~<, . ,j e FROM : KLINE LA~J OFFICE 'C~MMONWEALTH OF PENNSYLVANIA COUNTY OFi CO'.~-.ALAt~_ , O~E T0~ ~S -sUIT~ 3 ~ ~~, PA ~¢~=~ (717) ~DWARD L- MZ~B (BB-22)WRC~1 919 ,GIBBSON BLVD 8TEELTON, PA 17113 FMyERs (BB-22)WRC-~l, EDWAiiD LYNN 919 GIBBBON BLVD STEELTON, PA 17113 VS. FNICHOL~, BILL 114 BRIDGE STREET NEW cUMBEBLAND, PA 17070 L ' IDocket No.: CV'- 0000522 - 02 1 ~ Date.Filed: 9/30/02 FAX NO. : 717 770 2552 Nov. 27 2002 02:06PM P2 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE T~S IS TO NOTIFY YOU THAT: ~£~ Judgment'. [~ Judgment was entered for: (Name} 1~'r~"~c~r.-~: ~ ~[ Judgment was entered against: (Name) in the amount of $ go on: (Date of Judgment} [~ Defendants are jointly and severally liable- (Date & Time} , . Dai.nig~,Wit] be ~.~S~S~U. oh~.· · :.,[./i~.'.../ ".[.'..[, A~h~"dnt'of duci~ment .... $~" ~.. ~.,. .. ',;¥:.:'./: :..:~ ... ,:::.,...::..,-.c~ v '3u~,;mg2t'6;~,ts'' :':"" ': :$'": · : "'"' :" : ' "' :: '" Interest on Judgment $ E~ .:Fhis case dismissed wiih0ut prejudice,..; :':'.:.:': ; ':;ii L'. Attorney Fees.: ;'.: :: :': :'.:": $' , Total ~ Amount of Judgment Subject to Attachment/Act 5 of 1996 .[~ Levy is stayed for days or [] generally stcycci. .00 .00 .o_0 _ o00 .%st Judgment Credits $-.- Post Judgment CoCs $_ , CertEied Judgment Total $- -- ,[~ Objection to levy has been tiled and hearing will be held: Time: ANY PARTY HAS THc= RIGHT TO APPEAL WITHIN 30 DAYS AFTER'THE ENTRY OF JUDGMENT BY FILING A NOTICE OF &PP~EAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON pLEAS, CIVIL DIVISION. YOU Date . DiStFm~ Mv commission expires first Monday al January, 2008 SEAL NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA - COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT c....,AS. 02- 57o ' c,.,t" NOTICE OF APPEAL /;-- ~":/'-O~, Notice is given that the appellant has filed in the above Court of Commo~ Pleas an appeal from the judgment rendered by the District Justice an the date and in the case mentioned below. 0 9-1-01 _,,dward 919 ~ibson o~levard ]u/JO/O~ ~,iyers, :*.;dwa rd CV 0000522-02 . t eelton .P,:, 17 '1 13 iehols, ill This block will be signed ONLY when this notatian is required under Pa. R.CP.J.P. Na. 1008B. This Notice of Appeal, when received by the District Justice, wiil operate as a SUPERSEDEAS to the judgment for possessian in this cask Signature of Prothonotary or Deputy ff appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. N~). 1001(7) in action before Dist[ict Justice. IF NOT USED, detach from copy of notice ot appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon r il~ ,( ~C. ]4C l~u , appellee(s), to file a complaint in this appeal N~3te of appel,~e(s) {Common Pleas No.. ) within twenty (20) days after service of rule or suffe~ enfry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To appellee(s). Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a camplaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if Service was by mail is the date of mailing. AOPC 312-90 COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA couNTY or_.C,~]~/_~,~ ...................... ; ss AFFIDAVIT: I hereby swear or affirm that I served j~!~' a copy of the Notice of Appeal, Common Pleas No ~ -.~'70~' (~_~_ upon the D strct Justice designated therein on (date of service) ./tl/~.~..~., [] by. p.e. rsonal ,se~ice ~ by (certified) (registered) mai, sender s receipt attached hereto, and upon the aplSe]lee, (name)...~~ , on ,E~/C_L/'~C)~'r~'~'., ~. [] by personal servce ~ by'('~e~Ii~i[,, ~,~-e-~i'~;e~-p~:l~'~d hereto, [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ................. [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWOR~/^m~M~;l ^~ SU~SC.~.~ ~FO~ M~ THI~ ,,,._: DAY OF '~) _.~ ~. ~ Postage Certified Fee Return Receipt Fee {~ndomoment R~qulmd) r-~ Total pnstage a Fees 11 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: /?o 7v Il A. Signature ~d J~eceived by (Printed Name) C. ~te of.Deliver/ D. Is delivery addrese different from item 17' [] Yes If YES, enter deliver/address below: ~ 3. Service Type /~ ~,rtifled Mail Registered ,+~'~ [] Insured Mail 4. Restricted Delivery? (Extra Fee) [] No [] Express Mail [] Return Receipt for Merchandise [] C.O.D. []Yes 2. Article Number (Transfer from service label) PS Form 3811, August 2001 7001 1140 0000 5792 3590 Domestic Return Receipt 102595-01 -M-038t m · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maitpiece, or on the front if space permits. 1. Article Addressed to: I-I Agent [] Addressee D. Is deiive~ address dlfferent from itern l ? []Yes If YES, enter delivery address below: [] No  Certified Mail [] Mail Express Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Rsetrl~ed Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer from serv/ce PS Form 3811, August 2001 7001 1140 0000 Domestic Return Receipt 5792 3606 102595-01 -M-0381 EDWARD L. MYERS, Plaintiff VS. BILL NICHOLS and NICK NICHOLS, Defendants IN THE COURT OF COMMON PLEAS CUMBERL,62qD COUNTY, PENNSYLVANIA NO. 02-5708 Civil CIVIL ACTION - LAW 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 attomey and filing in writing with the Court your defenses or objections to the claims set forth aghast you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET !LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 EDWARD L. MYERS, Plaintiff VS. BILL NICHOLS and NICK NICHOLS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5708 Civil CIVIL ACTION - LAW COMPLAINT 1. Plaintiff, Edward L. Myers, an adult individual who resides at 919 Gibson Boulevard, Borough of Steelton, County of Dauphin, Pennsylvania. 2. Defendants, Bill Nichols and Nick Nichols, are adult individuals who operate a business at 114 Bridge Street, Borough of New Cumberland, County of Cumberland, Pennsylvania. 3. As of July 2002, Plaintiff and Defendants were in a contractual relationship whereby Plaintiff rented an apartment located at 126 Bridge Street, New Cumberland, Pennsylvania, from Defendants for the amount of $300.00 per month. 4. On July 15, 2002, Defendant, Bill Nichols, delivered to Plaintiff a letter demanding him to quit the property by July 25, 2002. 5. On or about July 21, 2002, Plaintiff entered hato an inpatient alcohol detoxification program. 6. Prior to entering the inpatient alcohol detoxification program, Plaintiff gave the keys to his apartment to a friend, Joe Louck, so that Mr. Louck could remove Plaintiffs personal property from the apartment. 7. On or about Wednesday, July 31, 2002, Mr. Louck entered PlalntilTs apartment and removed some of Plaintiffs personal belongings and a few small pieces of furniture. 8. On or about July 31, 2002, as Mr. Louck was removing the furniture from Plaintiffs apartment, Mr. Louck spoke with Defendant, Bill Nichols, and informed him that he would have all of Plaintiffs personal belongings removed from the apartment by Saturday, August 3, 2002. 9. During the above mentioned interaction, Defendant, Bill Nichols, requested the key to the apartment and informed Mr. Louck that he could come to Defendant and get the key so that he could remove the rest of the furniture. Before Mr. Louck left the apartment, he confirmed that the doors to the apartment 10. were locked. 11. On or about August 1, 2002, Mr. Louck retunaed to Plaintiffs apartment to remove more of Plaintiffs personal belongings and discovered that all of Plaintiffs belongings had been removed from the apartment. 12. The goods which were removed from Plaintift~s apartment represented all of Plaintiffs personal property acquired since 1985, with the exception of the few items removed by Mr. Louck on July 31, 2002. 13. in full. 14. Count I Conversion The allegations in paragraphs 1 through 12 are incorporated herein as if set forth Plaintiff was the rightful legal owner of the personal property located in the apartment located at 126 Bridge Street, New Cumberland, Pennsylvania, on July 31, 2002. 15. Plaintiff did not transfer title nor any lesser interest in his personal property to Defendants at or before the time at which Defendants or their agent exercised complete control over Plaintiff's personal property. 16. Defendants did not acquire title to Plaintiff's ]property through any legal proceeding before removing and disposing of Plaintiff's personal property. 17. Plaintiff owned numerous pieces of furniture, antiques, a complete wardrobe, golf club set, gas barbecue grill, a complete kitchen set, including cookware and appliances, and other items normally found in a residence. 18. Plaintiff values his personal property at over Five Thousand Dollars ($5,000.00). 19. On or about July 31, 2002, Defendants exercised complete control over Plaintiff's personal property when they or their agent removed the property from Plaintiff's apartment without Plaintiff's permission and never returned it. 20. Defendants' actions have completely deprived Plaintiff of the beneficial use of his personal property and constitutes a conversion of Plaintiff's personal property. 21. Due to Defendants' actions, Plalntiffhas suffi~red damages in excess of Five Thousand Dollars ($5,000.00). WHEREFORE, Plaintiff respectfully requests judgment in his favor in excess of Five Thousand Dollars ($5,000.00), costs of suit, attorney's fees, and such other relief as the Court may allow. Respectfully submitted, BRIAN C. BOtClXlMAN, ESQUIRE Atty. ID No. 89105 KLINE LAW OFFICE 714 Bridge Stre. et Post Office Bo>,' 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Phfinfiff VElilI~ICATION I verify that the statements made in the foregoing complaint are tree and correct. I understand that false statements herein are made subject to the: penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date CERTIFICATE OF SERVIC~ I hereby certify that I served a tree and correct copy of the Complaint upon Bill Nichols and Nick Nichols, Defendants, by depositing same in the United Sl~ttes Mail, first class, postage pre- paid on the 10th day of December, 2002, fzom New Cumberland, Pennsylvania, addressed as follows: Bill Nichols 114 Bridge Street New Cumberland, PA 17070 Nick Nichols 114 Bridge Street New Cumberland, PA 17070 BRIAN C. BORNMAN, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attomey for Plaintiff pd\ans~nichols.~qzers.ans.comp.wpd\12-02 EDWARD L. MYERS, Plaintiff Vo BILL NICHOLS AND NICK NICHOLS, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5708 CIVIL : : CIVIL ACTION - LAW : ANSWER AND COUNTERCLAIM AND NOW comes the Defendants, Bill Nichols and Nick Nichols, by and through their attorneys, Stone LaFaver & Shekletski, and file this Answer and Counterclaim to the complaint filed by plaintiff, Edward L. Myers, and avers the following: 1. Neither Admitted nor Denied. Defendants have no knowledge as to the location of the Plaintiff's whereabouts. 2. Admitted 3. Admitted in part and Denied in part. It is admitted that the parties had an oral lease with the Plaintiff on a month to month basis for an apartment located at 126 Bridge Street, New Cumberland. The oral lease was for $300.00 per month, which was never paid on time by the Plaintiff. 4. Admitted. By way of further answer, the Plaintiff had failed to pay rent for three months prior to his arrest for non-support. Moreover, when Defendant, Bill Nichols, approached the Plaintiff upon entering the Defendant's establishment to pay the back rent, the Plaintiff used expletives and ignored Defendant. 5. Denied. It is believed and therefore averred, that the Plaintiff was arrested on July 26, 2002, and committed to the Dauphin County Prison for non-support on a Petition for Contempt for failure to pay child support as ordered through Dauphin County. Defendants believed that at the time of the alleged incident, Plaintiff was arrested and placed in York County for drug violations. Defendants aver that the Plaintiff could possibly purge himself of the contempt violation by paying the Court ordered back support of $5,000.00, the same amount allegedly owed to him by the Defendants. 6. Neither Admitted nor Denied. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. By way of further answer, Defendants are acquainted with Joe Louck through other business dealings. Mr. Louck did not have a key when he entered the Plaintiff's apartment and no key was ever turned over to the Defendants at any time. Moreover, when Defendants -2- arrived at the Plaintiff's apartment to see what was removed, they found the that the door was left wide open upon Mr. Louck's departure. 7. Admitted in part and Denied in part. By way of further answer, it is admitted that on July 31, 2002, Mr. Joe Louck did enter the Plaintiff's apartment. Defendants have no knowledge as to what, if any, personal belongings of Plaintiff were removed at that time. By way of further answer, Defendants did not witness the removal of any of these personal possessions; did not photograph the apartment prior to the removal of any items. Defendants were told that Mr. Louck was removing all the worthwhile items that Plaintiff wanted. If Mr. Louck removed more that the Plaintiff wanted or knew about, the Defendants would still not have any knowledge. Further, as far as Defendants knew, Mr. Louck removed all of Plaintiff's belongings, but never turned them over to the Plaintiff. No keys were ever returned to either of the Defendants. 8. Admitted in part and Denied in part. It is admitted that Defendant, Bill Nichols, spoke with Mr. Louck on July 31, 2002, regarding the removal of Plaintiff's belongings. By way of further answer, Mr. Louck instructed the Defendants that he planned on storing the Plaintiff's personal items in a garage owned by Stacy Beamer. Morever, there was a discussion regarding a couch that Joe Louck did not remove at the time, but advised the Defendants that someone was going to come look at the couch and if he cr she wanted the couch, this person would remove it before Saturday, August 3, 2002. Defendants believe and therefore aver that someone did come to see the -3- couch and declined to take it because of the filthy condition. It is denied that there was anything left behind of any value, incidental or otherwise. The Defendants had to pay someone $1,000.00 to remove the filthy and urine coated pile of debris that was left behind after Joe Louck removed the Plaintiff's items. The Defendants' worker insisted that gloves be purchased before he touched any of the trash left behind in the Plaintiff's apartment. It is not known what valuable items Mr. Louck removed that were never turned over to the Plaintiff. 9. Denied. No keys were ever turned over to the Defendant, Bill Nichols. 10. Neither Admitted nor Denied. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. 11. Denied. By way of further answer, Joe Louck returned and informed Defendant Bill Nichols that no one wanted the couch, declining to take it based upon the decrepit condition. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further --4-- response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. 12. Neither Admitted nor Denied. By way of further answer, the only belongings that remained in the apartment after Mr. Louck left, appeared to be filthy rubbish and garbage, not fit for human consumption or use. Defendants were appalled at the condition of the apartment after Mr. Louck removed the Plaintiff's personal belongings. Defendants hired workers who were required to wear gloves when they removed the filth because of the unsanitary condition of the garbage left behind for the landlord/Defendants to remove. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. -5- Count I Conversion 13. No response necessary. 14. Neither Admitted nor Denied. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. 15. Neither Admitted nor Denied. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. -6- 16. Neither Admitted nor Denied. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. 17. Neither Admitted nor Denied. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. By way of further answer, the only articles left behind after Joe Louck came was filthy garbage and unfit for human consumption. 18. Neither Admitted nor Denied. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response -7- pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. 19. Neither Admitted nor Denied. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. 20. Neither Admitted nor Denied. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth --8-- or falsity of such allegation and proof is thereof is demanded at time of trial. 21. Neither Admitted nor Denied. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. COUNTERCLAIM 22. The answers to Paragraphs 1 through 21 are incorporated herein as fully set forth above. 23. Defendants Bill Nichols and Nick Nichols aver that they had to hire a cleaner handyman to completely gut the apartment that was rented to Plaintiff for over one year due to the condition left behind. The Plaintiff left piles of filth, garbage, and urine saturated furniture and clothing in the apartment. The Defendants paid $1,000.00 in cleaning services for cleaning, removal and disposal of trash and debris. -9- 24. Due to the horrible condition and state of the apartment, the Defendants incurred additional costs associated with the cleaning and refurbishing of the apartments to remove and dispose of the rugs and placed new flooring in the living room and the bathroom at a cost of $1,000.00. 25. Plaintiff failed to pay three months rent from May through June 2003, for which Defendants attempted to collect on numerous occasions in the amount of $300.00 per month, for a total of $900.00 W}{~REFORE, the defendants demand that judgment be entered against the plaintiff in the amount of $2,900.00, costs of suit, expenses, counsel fees, and such other relief as this Court deems just and proper. Dated: I-~'~-~ '- 02__ STONE LAFAVER~? Eliz~b~til/~..~tone~' Esquire ~//4 Br~d![e/~tree[, P.O. Box //~e~/~mb~i~and,/PA 17070 / TeZ~/phon,~.'(71~) 774-7435 At torn~~~/~e fendants E -10- · pd\mis~t-verifi.aff VERIFICATION Nick Nichols states that he is one of the Defendants named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. NICK N~HOLS Date: , pd\mis~lservice CERTIFICATE OF SERVICE I, Elizabeth B. Stone, Attorney at Law, of the law firm of Stone LaFaver & Shekletski, attorneys for Defendants, hereby certify that on this date I served a true and correct copy of the within instrument on Plaintiff's counsel of record by first class mail, postage prepaid, addressed as follows: Brian C. Bornman, Esquire Kline Law Office 714 Bridge St., P.O. Box 461 New Cumberland, PA 17070 DATE: STONE EDWARD L. MYERS, · Plaintiff · VS. · BILL NICHOLS and NICK NICHOLS, · Defendants · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5708 Civil CIVIL ACTION - LAW ANSWER TO COUNTERCLAIM 22. No answer required. 23. Neither admitted nor denied· To the extent the allegations in the corresponding paragraph constitute legal conclusions, they are deemed denied ~thout further response pursuant to the Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the averments are deemed denied as, after reasonable investigation, Plaintiff is without :sufficient knowledge to form a belief as to the truth or falsity of such allegation and proof is demanded at time of trial. 24. Neither admitted nor denied. To the extent the allegations in the corresponding paragraph constitute legal conclusions, they are deemed denied without further response pursuant to the Pennsylvania Rules of Civil Procedure. To the exl!ent the allegations of the corresponding paragraph constitute factual averments, the averments are deemed denied as, after reasonable investigation, Plaintiff is without sufficient knowledge to form a belief as to the truth or falsity of such allegation and proof is demanded at time of trial. 25. Admitted in part, Denied in part. Plaintiff admits to being two-and-one-half (2 ½) months delinquent in his rent at a rate of $300 per month for a total of $700. Denied as to the averment relating to attempts to collect the past due rent. WHEREFORE, Plaintiff respectfully requests judgment in his favor in excess of Five Thousand Dollars ($5,000.00), costs of suit, attorney's fees, m~d such other relief as the Court may allow, offset by the past due rent owed by Plaintiff to Defendants. Respectfully submitted, DATE BRIAN C. BORNMAN, ESQUIRE Atty. ID No. 89105 KLINE LAW OFFICE 714 Bridge Street Post Office Box .461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Answer to Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date ~////~ 3 Ecd~ard MYers ~ I hereby certify that I served a tree and correct copy of the Complaint upon Bill Nichols and Nick Nichols, Defendants, through their attorney, Elizabeth Stone, by depositing same in the United States Mail, first class, postage pre-paid on the 6th day of January, 2003, bom New Cumberland, Pennsylvania, addressed as follows: Elizabeth Stone, Esq. Stone LaFaver & Shekletski 414 Bridge Street P.O. Box E New Cumberland, PA 17070 BRIAN C. BORNMAN, ESQUIRE 714 Bridge Street Post Office Box 4,61 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff EDWARD L. MYERS, PLAINTIFF V. BILL NICHOLS and NICK NICHOLS, DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5708 CIVIL : : CIVIL ACTION - LAW PRAECIPE ~PROTHONOTARY: Please settle, discontinue and withdraw the above-referenced case and counterclaim. Respectfully submitted, DATE DATE BRIAN C. BORNMAN, ESQUIRE 714 Bridge Street New Cumberland, PA 17070-046! (717) 770-2540 Attorney for Pla~tiff / ELIZAB~ ,1~. STONE,~S~UIRE _4_14/]~[dge feet /~t~w Cum~ :rland,/P/A 17070 (717) 77/4k ~-35~ Attorn~f9 ©efendants