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HomeMy WebLinkAbout07-1049BROOK A. HODGE Plaintiff V. RICHARD B. STEFFY and DANA H. STEFFY, his wife, Defendants CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, RICHARD B. STEFFY and DANA H. STEFFY, and enter my appearance on behalf of the plaintiff, BROOK A. HODGE. Please direct the Sheriff to serve the defendant as follows: Mr. Richard B. Steffy Ms. Dana H. Steffy 346 Veterans Way P. O. Box 66 Elliottsburg, PA 17024 By: February 26, 2007 Respectfully submitted, 2007- /0 µ 9 CIVIL TERM CIVIL ACTION - LAW rcus A. cKnigh" III, Esquire 6 est P et Street, Carlisle, PA 17013 (717) 9-2353 Supreme Court I.D. No: 25476 To: RICHARD B. STEFFY and DANA H. STEFFY You are hereby notified that BROOK A. HODGE, plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered a 'nst you. O TARY By: DEPUTY .26 , 2007 Date: n N 0 Xf ? ?JG - of rl 8 BROOK A. HODGE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. 2007 -1049 CIVIL TERM RICHARD B. STEFFY and DANA H. STEFFY, his wife, CIVIL ACTION - LAW Defendants PRAECIPE TO REISSUE A WRIT OF SUMMONS To the Prothonotary: Please reissue a Writ of Summons and serve the defendants as follows: Mr. Richard B. Steffy Ms. Dana H. Steffy 346 Veterans Way P. O. Box 66 Elliottsburg, PA 17024 Respectfully submitted, IRWIN & M TIGHT By: Marcus . Mc ht, III, Esq. 60 West omfre Street Carlisle, !PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for Plaintiff Brook A. Hodge Date: March 26, 2007 ? n 9m rn "?75 C cA r4 0 -s el JOSEPH McALEER ATTORNEY I.D. NO.: 65542 P.O. Box 278 LAKE HARMONY, PA 18624 (570) 722-2525 Attorney for Defendants Richard B. Steffy and Dana H. Steffy, h/w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BROOK A. HODGE Plaintiff No. 2007 - 1049 CIVIL TERM VS. CIVIL ACTION - LAW RICHARD B. STEFFY And DANA H. STEFFY h/w Defendants ENTRY OF APPEARANCE TO: CURTIS R. LONG, PROTHONOTARY Kindly enter my appearance on behalf of the defendants, Richard B. Steffy and Dana H. Steffy, h/w, in the above-entitled matter, only. Y: Joseph McAleer orney for Additional Defendant, ichard B. Steffy and Dana H. Steffy, h/w JOSEPH McALEER Attorney for Defendants ATTORNEY I.D. NO.: 65542 Richard B. Steffy and P.O. Box 278 Dana H. Steffy, h/w LAKE HARMONY, PA 18624 (570) 722-2525 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BROOK A. HODGE Plaintiff vs. RICHARD B. STEFFY And DANA H. STEFFY h/w Defendants No. 2007 -1049 CIVIL TERM CIVIL ACTION - LAW CERTIFICATION OF SERVICE JOSEPH McALEER, attorney for defendants, Richard B. Steffy and Dana H. Steffy, h/w, hereby certifies that he caused a copy of the within document to be served upon the parties named below by United States, first-class mail, postage prepaid on X19 0 7 JOSEPH McALEER , -? '(k Atto ey for De e dant and B. Steffy and Dana H. Steffy, h/w r? -rt v? 1 rn t JOSEPH McALEER Attorney for Defendants ATTORNEY I.D. NO.: 65542 Richard B. Steffy and P.O. Box 278 Dana H. Steffy, h/w LAKE HARMONY, PA 18624 (570) 722-2525 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BROOK A. HODGE Plaintiff VS. RICHARD B. STEFFY And DANA H. STEFFY h/w Defendants No. 2007 - 1049 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A RULE TO FILE COMPLAINT TO: CURTIS R. LONG, PROTHONOTARY Kindly enter a Rule upon Plaintiff, Brook A. Hodge, to file a Complaint within twenty (20) days of service hereof or suffer Judgment of Non-Pros. ""-7 -(/(, ose h McAlleer, Esquire orney for Defendants RULE TO FILE COMPLAINT AND NOW, this26 day of H?2t L , 2007, a Rule is entered upon Plaintiff, Brook A. Hodge, to file a Complaint within twenty (20) days of service hereof or suffer Judgment of Non-Pros. -r'te' Prothonotary r r JOSEPH McALEER Attorney for Defendants ATTORNEY I.D. NO.: 65542 Richard B. Steffy and P.O. Box 278 Dana H. Steffy, h/w LAKE HARMONY, PA 18624 (570) 722-2525 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BROOK A. HODGE Plaintiff No. 2007 -1049 CIVIL TERM vs. CIVIL ACTION - LAW RICHARD B. STEFFY And DANA H. STEFFY h/w Defendants CERTIFICATION OF SERVICE JOSEPH McALEER, attorney for defendants, Richard B. Steffy and Dana H. Steffy, h/w, hereby certifies that he caused a copy of the within document to be served upon the parties named below by United States, first-class mail, postage prepaid on ?//I Lo 3 Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 JOSEPH McALEER 2 t?. De ndant and B. Steffy and Dana H. Steffy, h/w t 1J °.' i ..' T y r- nIr- r co -T) M I Q y C-- N .? c.n V) -r JOSEPH McALEER Attorney for Defendants ATTORNEY I.D. NO.: 65542 Richard B. Steffy and P.O. Box 278 Dana H. Steffy, h/w LAKE HARMONY, PA 18624 (570) 722-2525 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BROOK A. HODGE Plaintiff No. 2007 - 1049 CIVIL TERM vs. : CIVIL ACTION - LAW RICHARD B. STEFFY And DANA H. STEFFY h/w Defendants IMPORTANT NOTICE Pursuant to Pennsylvania Rule of Civil Procedure 237.1(a)(2), please allow this to serve as formal notice that unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing for failure to file a Complaint within twenty (20) days after service of a Rule pursuant to Pennsylvania Rule of Civil Procedure 1037(a). CURTIS R.LONG, PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 l S .z "; y ri JOSEPH McALEER Attorney for Defendants ATTORNEY I.D. NO.: 65542 Richard B. Steffy and P.O. Box 278 Dana H. Steffy, h/w LAKE HARMONY, PA 18624 (570) 722-2525 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BROOK A. HODGE Plaintiff vs. RICHARD B. STEFFY And DANA H. STEFFY h/w Defendants No. 2007 -1049 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE JOSEPH McALEER, ESQUIRE, attorney for defendant Richard B. Steffy and Dana H. Steffy h/w, hereby certifies that he caused a copy of a ten (10) day notice of intent to file a Praecipe for the entry of a non-pros to be served upon counsel for plaintiff, Marcus A. McKnight, III, Esquire, 60 West Pomfret Street, Carlisle, Pennsylvania 17013. Date: 9 J Esquire ez ? o C.- ?z. t m BROOK A. HODGE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. 2007-1049 CIVIL TERM RICHARD B. STEFFY and DANA H. STEFFY, his wife, CIVIL ACTION - LAW Defendants NOTICE TO DEFEND 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, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 1 AMERICANS WITH DISABILITIES Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 BROOK A. HODGE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. 2007-1049 CIVIL TERM RICHARD B. STEFFY and DANA H. STEFFY, his wife, CIVIL ACTION - LAW Defendants COMPLAINT AND NOW comes the Plaintiff, BROOK A. HODGE, by and through her attorneys, Irwin & McKnight, and makes the following Complaint against the Defendant, RICHARD B. STEFFY and DANA H. STEFFY, as follows: 1. The Plaintiff is Brooke A. Hodge, an adult individual residing at 151 North Hanover Street, Apartment 3, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendants are Richard B. Steffy and Dana H. Steffy, adult individuals with an address of 346 Veterans Way, P. O. Box 66, Elliottsburg, Perry County, Pennsylvania, 17024. 3. The Plaintiff, Brook A. Hodge, signed a Residential Lease/Rental Agreement on September 20, 2004 for the rental of 35 North Hanover Street, Apartment #3, Carlisle, Pennsylvania which was owned by the Defendants, Richard B. Steffy and Dana H. Steffy. A copy of said Agreement is attached hereto and marked as Exhibit "A". 3 4. On Tuesday, March 15, 2005, the rental property located at 35 North Hanover Street, Apartment #3, Carlisle, Pennsylvania was destroyed by fire. 5. The Plaintiff's personal property which was in the rental property at 35 North Hanover Street, Apartment #3, Carlisle, Pennsylvania was destroyed in the fire on Tuesday, March 15, 2005. 6. A list of the Plaintiff's personal property destroyed by the fire is as follows: a. Sweaters .............................................................$700.00 b. Living Room Suite ............................................2,400.00 C. CD's ...................... ............................................1,000.00 d. Stereo .................... ...............................................300.00 e. Television .............. ...............................................400.00 f. Lamps .................... .................................................70.00 g. DVD/Surround ...... ...............................................140.00 h. Play Station ........... ...............................................150.00 Total ........................$5,160.00 7. The Defendants failed to have working smoke detector/alarms in the Plaintiff's apartment at the time the fire destroyed the Plaintiff's personal property. 8. The Defendants breached their duty to supply an apartment for the Plaintiff which was habitable and safe for her. 4 9. The Defendants were negligent in that they failed to provide working smoke detectors in the Plaintiff's apartment. WHEREFORE, the Plaintiff, Brook A. Hodge, seeks damages, which are less than Twenty-Five Thousand and no/100 ($25,000.00) Dollars with the cost of this action, interest and legal fees as permitted by law. By: Date: June 15, 2007 Respectfully submitted, IRWIN & McKNIGHT A. Mikht, III, Esquire Cou D. #: 25476 60 West4 fret Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Plaintiff 5 RESIDENTIAL LEASE I RENTAL AGREEMENT ' G is betty Richard and Lana This agreement made this ?? day of and Steffy, (hereinafter referred to as Management) (hereinafter referred to as Resident or Tenant at Management h ses to esident and R nn nagement, residential unit located rents from Ma CWJ p( jA All person(s) named on this lease, listed above as Rest, are jointly and severably liable for upholding the lease terms. Social Security numbers for the above resident(s) is/are Total number of people residing in unit: Names of all Minors/ Dependents that will be residing in the unit: No additional people may be added to this lease without written permission of Management. Lease may be terminated if non-approved people are living in the unit. RM•¦ The initial term of this lease shall be ?- t°--- beginning ILO and ending Noon, the last day of the month of ?>?NT PAYNIFN'T: Rent payment is due on the first of every month. The discounted rental month if paid or postmarked by the 5th of the rental payment for this unit is $ Per which ends on the 5th of each month. If payment is received after the discounted period **? Resident agrees to pay month, the rent is $j&7---, which represents a 10°10 increase. $20 for each dishonored check and rent discount does not apply. R ?r ?h.- ?'3d De by or v of-der c-vable W Dana or Richard Stef Y, P.O. 66, Elllottsburg, PA 17024 Dana Steffy @ home office: 789-2362 • The following utilities ah e nsibili of the Management: following utilities are ? responsibility of the Resident: ??* Resident s responsible to replace smoke detec?r batteries and maintain smoke detectors in working order at alh times. ?? ?? 4?? S?fYIR DE?SIT: / Onal $ ?- for Pet Management acknowledges receipt of $ (plus an add {date received) to on as well Deposit, if applicable) received in the farm L be held as a security deposit to indemnify caner against damages to the property fully as security that Resident will fulfill all the conditions for this agreement. Resident and responsible for the conduct of and any damages done by guests o pets ?. If the (if damage done is it at the end of the lease period, charges will come out of security depos or repl cement, management will notify determined by Management to need _immediate repair tenant and give tenant a reasonable time to make the re irs ink %osio meeting ether t tenant expense. If resident abandon, premises before end of lease conditions, security deposit is forfeited. Security deposit will be returned to the tenant within 30 days of vacancy provided ALL of the following conditions are met.; 1. Lease term has expired and tenant has given 60-day notice to management prior to the end of lease terra ( in writing) that tenant intends to vacate when lease expires. 2. All Moneys due to Management l y resident have been paid in full up to and including the 60 days of notice given. 3. Residence is not damaged and in a thoroughly cleaned, ready-to-rent condition, with the exception of normal wear and tear. 4. All keys have been returned and a forwarding address provided to Management in writing. 5. Deposit will not be returned if Resident abandons property or quits the lease before the end of the lease period. Resident may NEVER apply any part of the security deposit toward rental payments. V_?ERM: It is the intent of both parties that this lease is for an initial term of TV70-a-00, and that the last month's rent will apply only toward the last month of the in' term. After the initial term, this lease will automatically continue, but on a bit-monthly basis. A bi-monthly basis requires a 60-day notice (roust be 2 full calendar months, in writing) from tenant required to end lease. After the initial term of the lease, Management can adjust rent rate, or any other terms of the lease with a 30-day notice to Resident. !?°SE TERMINATION: Management has the right to terminate this agreement with a 30-day notice to Resident (or with a 10-day notice fox non-PaYment ? ???.) Management may terminate this agreement before the initial term, or any term thereafter, has expired; DUE 1 t3: 1. NON-PAYMENT OR LATE PAYMENT: If the above called for rent has not been received by the 15th of the rental month, Management shall immediately have the right to terminate lease and file with the District Justice to have the resident(s), any additional occupants, and possessions evicted from the premises. Any costs, fees, or other charges incurred by Management while recovering back rent or damages will be charged to the tenant. At any time during the lease period, if Management determines the premises has been prematurely vacated or abarxk ied, Management has the right to enter premises for inspection and regain immediate possession if abandonment is determined. 2. VIOLATION OF LEASE TERMS: Management finds that ANY terms of this lease have been broken / violated by Resident. EARLY TERMINATION by Resident: Resident may terminate this agreement before the expiration of the original term by: 1. Giving management a written 60-day notice (must be 2 full calendar months) and, 2. Paying all the rent and any fees for these 2 calendar months and, thoroughly 3. Leaving the residence, on or before the last day of the lease period, in a cleaned, ready-to-rent condition (minus normal wear and tear), and any damages done to property are repaired in a professional manner. 4. Forfeiture of entire security deposit due to early, termination. After Resident gives required notice anytime during the lease period, Resident agrees to allow showings of unit by Management to prospective tenants with a 24-hour notice given. SOLM Tenant may NOT sublet or allow additional persons to reside at the property without written permission of Managements FfRE AN'.) i????ALTIf: if residence becomes totally uninhabitable by reason of fire or any other reason, Management may, at its option terminate rental agreement or make repairs within 30 days. If Management does not make these repairs or if the building is fully destroyed, the rental agreement is hereby terminated. If Management does elect to make repairs, rents shall be abated and pro-rated from the date of the casualty to the date of re-occupancy. In the event of any damages done to the property, Management is only responsible to insure the actual structure of the residence, and therefore has NO RESPONSIBILITY whatsoever for any of the Residents' personal possessions. This damage includes, but is not limited to fire, water damage from any cause, burglary or theft. R its reauered obtain Reniees 1=1ranm and provide written proof or this insurance (and renewal proof every year thereafter) to Management within 50 days of lease start date. This insurance must provide for liability with minimum coverage of $300,000 and list Dana and Richard Steffy as one of the covered parties in addition to the tenant on the policy. RIGHT OF AGGE Management shall have the right of access to the residence for Inspection, repairs and maintenance, or showings to prospective future tenants during reasonable hours, with a 24- hour notice bD tenant. For this reason, Resident must be sure that Management has a copy of the access key at all times. If Resident chooses to change or add locks (for any reason) Management must be notified of the change and provided with a copy of the key immediately. In case of emergency, Management has the right to enter property with no notice to protect life or prevent damage to the property. USE: Residence shall be used for residential purposes only and shall only be occupied by the persons listed (or their dependents) on the lease. If additional persons who are not listed as residents are found to be residing in the unit ( i.e. giving or using the propert)'s address as their home address or staying overnight more than ? u7 days out of a sed to comply with all , stafie, coo n?tyt ands the right to terminate the lease. Residence ? municipal ordinances and therefore any citations or fines imposed upon said residence will be the sole responsibility of the tenant. PETS: Unless listed below, and therefore approved by Management, NO PETS ARE ALLOWED. If pets are listed below, in order to continue the °pet-allowance" privilege, Management is very strict with the maintenance level for these animals. No additional pets can be added after the lease is signed without written consent of the management. 1. When pet is outside, it must be leashed and accompanied at all times by a person carrying a feces-collecting container. Pet must be picked up after immediately and the feces disposed of in a sanitary manner. IT IS NEVER ?ACCP A ARE NEVER P1=RMSITACCUMULATE TED TO E FOR REMOVAL AT A LATER DATE FOR ANY R OUTSIDE FOR ANY PERIOD OF TIME. problems, or an 2.. Noise levels for the pet(s) must be kept to a minimum. If noise any other abuse of pet privileges continue, Management has the tight to remove that particular pet from the lease or take away pet allowances all together with a 15- day written notice to resident. If Resident does not resolve the pet problem, or refuses , or is unable to find other accommodations for the pet, Management has the right to terminate lease (see Lease Termination section). 3. As mentioned in the Security Deposit section, all damages done by pets will be treated as any other damages done by the to ant and wNl be take-, out of security deposit. This includes any odor or flea extermination that may be required. If immediate repair is deemed necessary by Management, tenant is responsible for the repair in foil. Only the following pet(s) are ailowved: ! a jWDEMPIIFICA33t3N: (See also FIRE and CASUALTY) Resident releases Management from liability for and agrees to indemnify Management against losses incurred by Management as a result of (a) Resident's failure to fulfill any condition of this agreement: (b) by damages or injury happening in or about the residence or premises to resklerifs invitees or licensees or such person's property: (3) Resident's failure to comply with any requirements imposed by any governmental authority: and(4) any judgment, Lien, or other incumbencies filed against the residence as a result of Resident's actions. FAiWRE OF MANAGEMENT TO AL?: Failure of Management to insist upon compliance the terms of this agreement shall not constitute waiver of any violation. REPAIB& l l,,;» rx ?ncihility be r Management will make stairs costing more than $44 with reasonable promptness after notice is given by the tenant. Potentially "wasteful" problems with the residence (i.e.; a leaking faucet or constantly running toilet) must be reported by the tenant to avoid a higher than normal water bill. Management may approve painting of residence with neutral colors only, but painting or other minor remodeling by Resident must always have management consent. Any non-aplxoed painting by Tenant may be redone, (at Management discretion) and the expense for which will be deducted from Tenant security deposit. Tenant is solely responsible for maintaining cleanliness in and around the outdoor areas included with the unit. This includes snow removal fTom unit sidewalks and any lawn that may be included with the unit which includes 0 Any citations resulting from non-compliance with Borough maintenance codes will be Tenant responsibility. LEAD-BAS PAINT ACKNOWLEDGMENT: (all parties initial at each statemena3 n-}} l Owner J Lessor has no knowledge of , or reps pertaining to the eastence of lease based int in or around the property, and lessee leases at his/ her own risk pertaining to lead-ba int. Lessee has received a pamphlet entitled, "Protect your family from lead in the home". gU FS AND REGULATION x 1 ft&mW._No inoperatw or unregistered vehicles are permitted on premises. 2 iA Aft. No nails, screws or adhesive hangers except standard picture hooks are allowed on walls, and these hangers must be removed and walls repaired prior to vacating premises. N or other noise-producing items must be turned down to a ievel 3 ii radios, Stereos, of sound that does not interfere with or annoy the neighbors. 4 Resident fiuidt: Management reserves the right at any time oo bavibe s such additional Management rules or make such changes to the rules and regulations referred above, deems necessary for the safety, care and cleanliness of the properly, fa' the preservation of good order or for the comfort or benelt 01"l-le re§da ' 1' 9K"-"' Tenant is responsible for regular trash removal as well as "bulk trash" removal (i.e. old couches, mattresses, etc.).. Management has the option to Provide trash dumpster service as a but may elect to end this service at any time. Tenant is gal. -Tf &-xA, ,",e4 5rj c ?'CV 'W a / always responsible for any convenience, FNTI_gE AGREEME . This agreement and any attached addendum constitute the entire agreement between the parties and no oral statements shall be biing . Ir iantyheintentios cohf the parties herein that if any party of this rental agreement nd invalidity shall not void the remainder of the rental agreement. have caused th presents to be signed IN WITNESS WHEREOF., the parties hereto in person the day of the year first above R Staft "Pt Richard Steffy ' Res9dent EXHIBIT "A" VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. BROOK A. HODGE Date: June 15, 2007 6 BROOK A. HODGE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. 2007-1049 CIVIL TERM RICHARD B. STEFFY and DANA H. STEFFY, his wife, CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Joseph McAleer, Esq. P. O. Box 278 Lake Harmony, PA 18624 IRWIN & McKNIGHT By: Mar A. cKnight, III, Esquire 60 est Pom ret Street Carli le, PA 1 013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: June 15, 2007 7 ?"? hJ 0 SHERIFF'S RETURN - OUT OF COUNTY a CASE NO: 2007-01049 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HODGE BROOK A VS STEFFY RICHARD B ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: STEFFY RICHARD B but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On April 4th , 2007 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answer- Docketing 18.00 Out of County 9.00 Surcharge 10.00 R: Thomas Kline Dep Perry County 45.64 Sheriff of/,Cumberland County Postage 1.02 83.66 ? I?J??o1 04/04/2007 MARCUS MCKNIGHT Sworn and subscribe to before me this day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY It CASE NO: 2007-01049 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HODGE BROOK A VS STEFFY RICHARD B ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: STEFFY DANA H but was unable to locate Her deputized the sheriff of PERRY in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On April 4th , 2007 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answer `Y Docketing 6.00 f?Z _- Out of County .00 --'' Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 04/04/2007 MARCUS MCKNIGHT Sworn and subscribe to before me this day of , A. D. ?. W In The Court of Common Pleas of Cumberland County, Pennsylvania Brook A. Hodge vs. Richard B. Steffy et al SERVE: Richard B. Steffy No. 07-1049 civil Now, March 28, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of. Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, April 2, 29__06, at within Writ of Summons upon Richard B. steffy 4:52 o'clock P M. served the 346 Veterans Way Elliottsburg, PA 17024(Tyrone Twp) at by handing to Dana H. Steffy, Defendants Wife a True & Attested and made known to Her copy of the original Writ of Summoons the contents thereof. So answers, Donald E. Smith b? Chief Deputy Sheriff of County, PA Sworn and subscribed before me this 3c d day of Dr-, , 20p NOTARIAL SEAL MARGARET F. FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16, 2008 COSTS SERVICE $ MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania Brook A. Hodge vs. Richard B. Steffy et al SERVE: Dana H. Steffy No. 07-1049 civil Now, March 28, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of. Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. 00-114. Sheriff of Cumberland County, PA Affidavit of Service Now, April 2, , 07 4:52 P 20 , at o'clock M. served the within Writ of Summons upon Dana H. Steffy at 346 Veterans Way Elliottsburg, PA 17024 (Tyrone Twp) Dana H. Steffy, Defendant by handing to a True & Attested and made known to Her Chief Deputy Sworn and subscribed before me this c,? day of _Aoc-d , 2006 19 n- n copy of the original Writ of Summons the contents thereof. So answers, Donald E. Smith Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT NOTARIAL SEAL MARGARET F. FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY , MY.COMMISSION EXPIRES FER. 16, 20PR JOSEPH McALEER ATTORNEY I.D. NO.: 65542 P.O. Box 278 LAKE HARMONY, PA 18624 (570) 722-2525 Attorney for Defendants Richard B. Steffy and Dana H. Steffy, h/w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BROOK A. HODGE Plaintiff vs. No. 2007 -1049 CIVIL TERM CIVIL ACTION - LAW RICHARD B. STEFFY And DANA H. STEFFY h/w : Defendants DEFENDANTS' ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT Defendants, Richard B. Steffy and Dana H. Steffy, hereinafter Answering Defendants, by and through their attorney, Joseph McAleer, hereby file their Answer and New Matter to Plaintiff's Complaint and in support thereof aver: 1. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the matters averred. Strict proof demanded at trial. 2. Admitted. 3. Admitted. 4. Admitted in part; denied in part. Answering Defendants admit that on March 15, 2005, their property, located at 35 North Hanover Street, Carlisle, Pennsylvania, was damaged by fire. As to the level of damage and more specifically damage to Apartment 3, said allegation is a conclusion of law to which no responsive pleading is required. 5. Denied. Paragraph 5 is a conclusion of law to which no responsive pleading is required. To the extent a pleading is required, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the matters averred. Strict proof demanded at trial. 6. Denied. Paragraph 6 is a conclusion of law to which no responsive pleading is required. To the extent a pleading is required, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the matters averred. Strict proof demanded at trial. 7. Denied. Paragraph 7 is a conclusion of law to which no responsive pleading is required. To the extent a pleading is required, Answering Defendants specifically deny that they failed to have working smoke detector/alarms in the Plaintiff's apartment at the time the fire occurred on Tuesday, March 15, 2005. To the contrary, an active working smoke detector was supplied to Plaintiff and Plaintiff agreed that she was responsible to replace smoke detector batteries and maintain smoke detectors in working order at all times. Further, and to the extent that allegations in paragraph 7 imply negligence on the part of Answering Defendants, said allegations are specifically denied. To the contrary, at all times referenced in Plaintiff's Complaint, Answering Defendants met with and complied all applicable standards of care and acted in accordance with all laws and rules. Finally, as to the extent of alleged damages to Plaintiff's personal property, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the matters averred. Strict proof demanded at trial. 8. Denied. Paragraph 8 is a conclusion of law to which no responsive pleading is required. To the extent a pleading is required, it is specifically denied that Answering Defendants breached their duty to supply an apartment for the Plaintiff which was habitable and safe for her. To the contrary, Plaintiff s did supply an apartment to the Plaintiff which was habitable and safe for her. To the extent that allegations in paragraph 8 in Plaintiff's Complaint imply negligence or breach of contract on the part of Answering Defendants, said allegations are specifically denied. To the contrary, at all times referenced in Plaintiff's Complaint, Answering Defendants met with and complied with all applicable standards of care, all provisions of any lease agreements entered into with Plaintiff and acted in accordance with all laws and rules. 9. Denied. Paragraph 9 is a conclusion of law to which no responsive pleading is required. To the extent a pleading is required it is specifically denied that Answering Defendants were negligent. To the contrary, at all times referenced in Plaintiff's Complaint, Answering Defendants met with and complied with all applicable standards of care and acted in accordance with all laws and rules. It is further specifically denied that Answering Defendants failed to provide working smoke detectors in the Plaintiff's apartment. To the contrary, Answering Defendants did provide working smoke detectors in Plaintiff s apartment and Plaintiff agreed to be responsible for replacing smoke detector batteries and keep smoke detectors in working order at all times. WHEREFORE, the Answering Defendants deny that they are liable on the cause of action declared upon and demand judgment in their favor. NEW MATTER By way of further answer, the Answering Defendants, Richard B. Steffy and Dana H. Steffy, assert the following New Matter: 10. Answering Defendants incorporate by reference the proceeding paragraphs, 1 through 9 of their Answer as though the same were fully set forth at length herein. 11. The applicable Statute of Limitations may have expired prior to the institution of this action. 12. Answering Defendants were not negligent, careless and/or reckless at any time material hereto. 13. Plaintiff may have failed to state a cause of action upon which relief can be granted. 14. Answering Defendants caused no injuries or damages to Plaintiff, and any injury or damage allegedly sustained by Plaintiff may have been caused by a party other than the Answering Defendants and not within the control of Answering Defendants. 15. Plaintiff may have assumed the risk of injury. 16. Plaintiff may have been contributorily negligent. 17. Plaintiff's claims may be barred and/or limited by the applicable section of the Pennsylvania Comparative Negligence Act. 18. Plaintiff may have been otherwise negligent as may be determined during the course and scope of discovery and/or trial. 19. Answering Defendants breached no duty to the plaintiff. 20. If Answering Defendants were negligent, which is expressly denied, then the acts or omissions or defendants alleged to constitute negligence were not substantial factors or cause of the action or incident of which Plaintiff complains and/or did not result in the injuries or damages alleged by the Plaintiff. 21. The intervening negligent acts or omissions of other persons or entities may have constituted superseding causes of the accident or incident of which Plaintiff complains, and any injuries or damages allegedly suffered by the Plaintiff was caused by such superseding negligence of other persons and/or entities. 22. Answering Defendants reserve the right to assert at the time of trial, any and all affirmative defenses revealed through discovery. 23. Plaintiff's claims maybe barred and/or limited by the doctrine of waiver and estoppel. WHEREFORE, Answering Defendants deny that they are liable on the cause of action declared upon and demand judgment in their favor. JOSEPH McALEER Atto ey for Defendants and B. Steffy and Dana H. Steffy DATED: &1,12- Y/0 I VERIFICATION I, DANA H. STEFFY, hereby verify that I a Defendant, and I am authorized to take this Verification on behalf of Defendant. I have reviewed the foregoing Answer to Plaintiff's Complaint and the statements contained therein are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. D NA H. STEFFY DATED: V-W/O :?- VERIFICATION I, RICHARD B. STEFFY, hereby verify that I a Defendant, and I am authorized to take this Verification on behalf of Defendant. I have reviewed the foregoing Answer to Plaintiffs Complaint and the statements contained therein are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. RICHARD B. STEFFY DATED: ?/10? r-> C. ? s r-_ rn DO rn. JOSEPH McALEER Attorney for Defendants ATTORNEY I.D. NO.: 65542 Richard B. Steffy and P.O. Box 278 Dana H. Steffy, h/w LAKE HARMONY, PA 18624 (570) 722-2525 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BROOK A. HODGE Plaintiff VS. RICHARD B. STEFFY And DANA H. STEFFY h/w Defendants ; No. 2007 -1049 CIVIL TERM CIVIL ACTION - LAW CERTIFICATION OF SERVICE JOSEPH McALEER, attorney for defendants, Richard B. Steffy and Dana H. Steffy, hereby certifies that he caused a copy of the within document to be served upon the p ies named below by United States, first-class mail, postage prepaid on Z ?/D 7 Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 JOSEPH McALEER rd B. Steffy and H. Steffy `? s° C? G ?.' l _ T ? f : ^ ??. .: w ...+' JOSEPH McALEER Attorney for Defendants ATTORNEY I.D. NO.: 65542 Richard B. Steffy and P.O. Box 278 Dana H. Steffy, h/w LAKE HARMONY, PA 18624 (570) 722-2525 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BROOK A. HODGE Plaintiff VS. RICHARD B. STEFFY And DANA H. STEFFY h/w Defendants No. 2007 -1049 CIVIL TERM CIVIL ACTION - LAW CERTIFICATION OF SERVICE JOSEPH McALEER, attorney for defendants, Richard B. Steffy and Dana H. Steffy, hereby certifies that he caused copies of Defendants' Request For Production of Documents and Defendants' Interrogatories directed to Plaintiff to be served upon the parties named below by United States, first-class mail, postage prepaid on 7/2 D Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 JOSEPH McALEER Attrney for Defendaa Ric and B. Steffy and na H. Steffy --- L.3 `M ?? 1 1. l '? BROOK A. HODGE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. RICHARD B. STEFFY and DANA H. STEFFY, his wife, Defendants 2007-1049 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued. Respectfully submitted, By: IRWIN & McKNIGHT Marcu A. Mc ght, , Esquire 60 Wes Pomfret eet Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: I?ec 1? 17 Zeb 7 BROOK A. HODGE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. 2007-1049 CIVIL TERM RICHARD B. STEFFY and DANA H. STEFFY, his wife, CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Joseph McAleer, Esquire P. O. Box 278 Lake Harmony, PA 18624 IRWIN & IGHT By: Marcus A. McKni t, III Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: ?Q 0'6w (y, 2007 C'? I rv v tT. r Q cii