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HomeMy WebLinkAbout07-1236dtMMbNWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of 49 /_ NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O -2 NOTICE OF APPEAL ev'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 referenced below. O PEL CITY ST TE ZIP CODE -6-6 .KET No. cP C.OMl?^f???yS?c,??vS /VS ?3it!/?U$1Cy _ ?nerenaanrLOnl/ ' ??! Dao 0?3 ?-t? ? This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy was Claimant (see Pa. R. C. P. D.. No. 1001(6) before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after riling the 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.D.J. 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 ?W& CA 9 / appellee(s), to file a complaint in this appeal Name of appellee(s) 7 (Common Pleas No. Q f 3 6 ) within twenty (20) days after service of rule or suffer en judgment of no pros. c.?vir ( fiUh. Signature of appellant or mey or agent RULE: To appellee(s) Name of appellees) (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 complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: MAxr-k to, 20 D 7 Sig re of Prothonotary YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT. I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature ofaffiant Signature of official before whom affidavit was made Title of official My commission expires on 20 C7 Bt C' -cF c^ P ? c N Nc". 0 -r? n -n -? Te ` FT1 w A co -' COMMONWEALTH OF PENNSYLVANIA rnl Ini- v n;=• CUMBRIJL19D Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TOME COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rCOMPTON, SHAWN 8 7 P.O. BOX 148 NEW CUMBERLAND, PA 17070 L J VS. DEFENDANT: NAME and ADDRESS rPLANAVSxY, THOMAS 833 BRIARNOOD LANE CAMP HILL, PA 17011 THOMAS PLANAVSBY L J 833 BRIARNOOD LANE Docket No.: CV-0000538-06 CAMP HILL, PA 17011 Date Filed: 9/28/06 ail THIS IS TO NOTIFY YOU THAT: FOR PLAINTIFF Judgment: -- - - - (Date of Judgment) 2/06/07 ® Judgment was entered for: (Name) COMPTON, SHAWN B ® Judgment was entered against: (Name) PLANAVSKY, THOMAS in the amount of $ 914.0 ? Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 815.00 Judgment Costs $ 99.00 Interest on Judgment $ .06 Attorney Fees $ .00 Total $ 914.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST . COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Aaaisteinal I5Istri6t I certify t at this is a true c n ct c y ec stonta r'mg the judgment' 'a Z&'& Date , Wgist aI District Judge 4 4 t My commission expires first Monday of January, 2008 ,vSEAL' AOPC 315-06 DATE PRINTED: 2/06/07 9:20:00 AM ,,'""" COMMONWEALTH OF PENNSYLVANIA K 1_r-./ n c. L717MBEBLAND l/VVIV 1 1 V1 - -- Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEMZNT, JR. Address:, 400. BRIDGE 8T ' ; OLDS' TONNZ CONKONS -SIIITS 3 NE11P CXIMM A%=1 PA Te,ephorte:,(717) 774-5989 17070 THOMAS PLANAVSKY 833`BRIARNOOD LANE CAMP HILL, PA 17011 a NOTICE OF IVLGCASE /TRANSCRIPT PLAINTIFF: NAMEandADDRESS Fp-LANAVSKY,.THOMAS 833 BRIARNPOOD LANE CAMP HILL PA 17011 L. J VS. DEFENDANT: NAME and ADDRESS 1-COMPTON1. SHANN- PO 803.:148 NEW CMWERLAND i PA 17070 _L -? Docket No.: CV-0000538-06 Date Filed: 12/11/06 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: 2/06/07 FOR DEFENDANT .(Date of Judgment). _, Judgment was entered for: (Name) COMPTON, SHAD ® Judgment was entered against: (Nam eO) PLANAVSSY, THOMAS in the amount of $ • Defendants are jointly and severally liable. 0 Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ • "" Judgment Costs $ Interest on Judgment $ • Attorney Fees $ -00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ I Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE 4UDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT.OF COMMON FLEAS AND. FURTHER PROCESS MAY 6E.ISSUED"BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date My commission expires first Monday of January, 2008 AOPC 315-06 DATE PRINTED: 2/06/07 Mag'Isterial'Distdct Judge 9:22:00 AM SEAL tr 0 r-1 cc r- p Postage $ S O Certified Fee p" Return Receipt Fee C3 (Endorsement Required) C3 0 Restricted Delivery Fee (Endorsement Required) v i_..- j?.i r„1yQS?. t. , C16 ?gt?riark 1 . v5 , v re ?r i?r s rq Total Postage 8 Fees $ $4 ° 64 ?L ? Ln rU Sent To • --/-1-71---------M------5!-------------------- /C,YSI -'-'---------- C3 Street, Apt. No 0 .; 91 or PO Box No. (-% / v O ---: - -------------------------------------------------- -------- City State, ZIP+4 ---- - PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEA TH OF PENN$YLVA?JIA COUNTY OF ciM.br'r Iahd ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas u ,raartL upon the District Justice designated therein on (date of service) 20 0 7 , ? by personal service 0" ) (registered) y (certified''mail, sender's receipt attached hereto, and upon the appellee, (name) (26 ?•*Ion -N I / & , 20 a -? ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. JOR AFFIRMED) AN SUBS RIBED BEFO ME S DAY OF 2U. _ i Signature of Iant whom affidavit was Title of official p My commission expires o , 20 ©? o 1`71 211:11- ?p m Gam; ON Q . OMMONWEALTH Of PENNSY ?' co R I ZA E M . RJ Imp? Ct?raberlC L SCU Colltml Fa re Aug. 20. 2000 M Y GUMMUNWEAL 1 M UP PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of r`- 46 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT I I COMMON PLEAS No. NOTICE OF APPEAL 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 referenced bed. -enW. NO. r4 elnotw PE g r igl-C + Z p CITY ZIP CODE DyTf OF J GMEN/?I T? IN THE PIT /Q (r C +?I?JA¢ J? • /fa/endaowQ? J ?? I "", "ems ? ?I[d J'f"A-1 y':? 660Q?,3c?'-d ?v This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. appellant was Claimant (see Pa. R.C.P.D.J. No. before, a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. signeture of Prdhondery or Deputy 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.D.J. 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 Entdr rule upon appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. _ ;L 3 k? ) within twenty (20) days after service of rule or suffer judgment of no pros. f' 1! fi`.'I ,; ?? ? f???????/ Slgnatwe of appellant or mey or agent RULE: To -51119 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 uparryou by.personal service or by certified or registered mail. It you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of trls rule if service was by mail is the date of the mailing. t` - p4` C Date: 4rc 4?1 , 2007 Signature of Prothonotary or Dbadty YOU-MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 .e Commonwealth of Pennsylvania County of Cumberland Court of Common Pleas Shawn E. Compton, PO Box 148, New ) Cumberland, PA 17070, ) Plaintiff, ) VS. ) Thomas Planavsky, 833 Briarwood Lane, ) Camp Hill, PA 17011, ) ) Defendant Case No.: No. 07-1236 Civil Term COMPLAINT COMPLAINT In July 2000, plaintiff paid defendant $815.00 for security deposit of property located at 104 Clarkton Court, Lemoyne, Cumberland County PA. In April 2004, security deposit rolled into the lease of another property of the defendant, located at 317 Eighth Street, New Cumberland, Cumberland County PA. Lease was terminated in August 2004. Plaintiff supplied defendant with forwarding address at the point of lease termination. Defendant failed to remit security deposit or provide just reason to retain within 30 days of termination of lease. Plaintiff is seeking judgment in the amount of $1640.24, (double the security deposit + interest), as depicted in the table, plus recovery of all court costs. Summary of Complaint - 1 Action Date Interest Rate Amount Grand Total Security Deposit Jul-00 815.00 815.00 Interest 3ul-02 0.25% $2.04 $817.04 Interest Jul-03 0.25% 2.04 819.08 Interest 3ul-04 0.25% $2.05 $821.13 Interest Jul-05 0.25% 2.05 823.18 Interest Jul-06 0.25% $2.06 $825.24 Double Security De ostit Sep-06 815.00 $1,640.24 Dated this 4th day of April, 2007 Respectfully Submitted by Shawn Compton - Plaintiff 9 q Lqjo-7 Summary of Complaint - 2 C? c? C? ?; -rz ?:. :`s? ? --, m ? ?? .?- ?. : , , x? -r ?.? ?? ? -' t.__ .....? =J ...? ? ? .{ C.ti 1. Commonwealth of Pennsylvania Court of Common Pleas Cumberland County Shawn E. Compton Plaintiff No. 07-1236 Civil Term VS. ) ANSWER TO COMPLAINT Thomas Planavsky ) With NEW MATTER Defendant ) ANSWER TO COMPLAINT WITH NEW MATTER YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. The DEFENDANT, Thomas A. Planavsky, does set forth the following as his ANSWER to the Complaint filed in the above captioned matter: Denied in Part and Admitted in Part as follows: A. In July of 2000, plaintiff did pay a partial security deposit of $ 400 and began leasing my property at 104 Clarkton Court, Lemoyne. B. On April 30, 2004, the above mentioned lease did terminate. Defendant did transmit a letter by certified mail setting forth a list of all damages owed including the unpaid rent for April, 2004, AND setting forth that the plaintiff was credited with $ 815 toward such amount. The total balance due was $ 1,544.00. NEW MATTER 1. Defendant has obtained a judgment against plaintiff under the Landlord Tenant Act in the amount of $ 1,082.50 dated August 9, 2004. 2. Defendant obtained a second judgment against Plaintiff in the amount of $ 1,044.50 dated September 13, 2004 3. No payments have been received toward satisfaction of either judgment. THEREFORE, the defendant in this matter requests your honorable court to enter judgment in favor of the Defendant and against the Plaintiff.. Respectfully Submitted, Thomas A. Planavsky, Defendant 1 . iF Commonwealth of Pennsylvania Court of Common Pleas Cumberland County Shawn E. Compton Plaintiff No. 07-1236 Civil Term VS. ) Thomas Planavsky ) ANSWER Defendant ) VERIFICATION The undersigned, THOMAS A. PLANAVSKY, DEFENDANT, does hereby verify that the facts set forth in the above Answer to the Complaint with New Matter are true and correct to the best of his personal knowledge, subject to the penalties relating to unworn statements to authorities. THOMAS A. PLANAVSKY Commonwealth of Pennsylvania Court of Common Pleas Cumberland County Shawn E. Compton ) Plaintiff ) VS. ) Thomas Planavsky ) Defendant ) CERTIFICATE OF SERVICE No. 07-1236 Civil Term ANSWER The Defendant, Thomas A. Planavsky, does hereby certify that the Answer to the Complaint with New Matter in this matter was served by first class mail to the address of the Plaintiff as set forth in the complaint on the date set forth below: Shawn E. Compton PO Box 148 New Cumberland, PA 17070 DATED: APRIL, 2007 Res tfnlly submitted, Thomas A. Planavsky t DID d - r1a 13T 4 Commonwealth of Pennsylvania Court of Common Pleas Cumberland County Shawn E. Compton Plaintiff No. 07-1236 Civil Term VS. Thomas Planavsky Defendant MOTION TO DISMISS YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE MOTION TO DISMISS WITHIN TWENTY (20) DAYS OF SERVICE HEREFO OR A JUDGMENT MAY BE ENTERED AGAINST' YOU. MOTION TO DISMISS The DEFENDANT, Thomas A. Planavsky, does hereby come before this honorable court to request that the above captioned suit be dismissed for the following reasons: 1. The Complaint does not contain a "Notice to Defend" as required by Pennsylvania Rules of Civil Procedure. 2. The Complaint as filed does not specify the relief sought in the manner specified by the Rules of Civil Procedure. 3. The Complaint is not in the format of Numbered Paragraphs as required by the rules of Civil Procedure. 4. The Complaint is invalid in that it does not specify the type of entity of the plaintiff or the defendant. 5. The Complaint as set forth seeks relief in the manner of a suit under the Landlord Tenant Act, but the limitations for such suit expired before the initiation of this matter. 6. The Complaint was not sworn too or affirmed as an unworn statement as required by the Rules of Civil Procedure. Therefore, as the Complaint, in this matter, being in violation of the various Rules of Civil Procedure, the Defendant in this matter requests that the Court dismiss this matter with prejudice. Respectfully submitted, C Thomas A. Planavsky Defendant. m Lu 4 t 1?? .. E 1. ar ?:n ?' Commonwealth of Pennsylvania Court of Common Pleas Cumberland County Shawn E. Compton } Plaintiff ) VS. ) Thomas Planavsky ) Defendant ) CERTIFICATE OF SERVICE No. 07-1236 Civil Term MOTION TO DISMISS The Defendant, Thomas A. Planavsky, does hereby certify that the MOTION TO DISMISS in this matter was served by first class mail to the address of the Plaintiff as set forth in the complaint: Shawn E. Compton PO Box 148 New Cumberland, PA 17070 DATED: 2007 Res ctfully sub , ? 404VW Thomas A. Planavsky Q ? ? . film co > Y ! n f n " ? +? 1....d ..rte SHAWN E. COMPTON, Plaintiff V. THOMAS PLANAVSKY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1236 CIVIL TERM ORDER OF COURT AND NOW, this 11`h day of May, 2007, upon consideration of Defendant's Motion To Dismiss, and it appearing that the motion is in the nature of preliminary objections to Plaintiff's complaint, either parry may list the matter for argument pursuant to Cumberland County Rule of Procedure 1028(c)(2). dawn E. Compton P.O. Box 148 New Cumberland, PA 17070 Plaintiff, pro Se V11homas A. Planavsky 833 Briarwood Lane Camp Hill, PA 17011 Defendant, pro Se Court Administrator J :rc BY THE COURT, Q It :Z H8 1 1 A?'H Lool KOPE & ASSOCIATES, LLC By: Shane B. Kope, Esq. ID 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com Attorney for Plaintiff SHAWN E. COMPTON, Plaintiff, v. THOMAS PLANAVSKY, Defendant. To: Defendant: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-1236 (Civil Term) NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. KOPE & ASSOCIATES, LLC Sh a B. Ko7?? Date: June 8, 2007 ?1-? KOPE & ASSOCIATES, LLC By: Shane B. Kope, Esq. ID 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com SHAWN E. COMPTON, Plaintiff, V. THOMAS PLANAVSKY, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-1236 (Civil Term) PLAINTIFFS' PRELIMINARY OBJECTIONS TO DEFENDANT'S PRELIMINARY OBJECTIONS Plaintiff, Shawn E. Compton (hereinafter "plaintiff'), by his attorney, Shane B. Kope, Esq., files the following Preliminary Objections to Defendant's Preliminary Objections: Failure to Conform to Law Pursuant to Pa R.C.P. 1028(A) (2) 1. Plaintiff filed the Complaint in this matter pro se on April 4, 2007. 2. The Complaint in question seeks damages from defendant for failure to reimburse the security deposit due to plaintiff. 3. Defendant was served with plaintiff's Complaint on or about April 8, 2007. A true and correct copy of the return of service is attached hereto, marked Exhibit "A" and made a part hereof. 4. On or about April 24, 2007, defendant filed an Answer to plaintiff's Complaint. A true and correct copy of the Answer is attached hereto, marked Exhibit "B" and made a part hereof. 5. Plaintiff was never served with a copy of the Answer despite the attached Certificate of Service. 6. On or about May 8, 2007, some thirty one (31) days after the service of plaintiff's Complaint, defendant filed a Motion to Dismiss to plaintiff's Complaint asserting that the Complaint was deficient for a number of reasons, including defective form and lack of sufficient specificity. A true and correct copy of the Motion to Dismiss is attached hereto, marked Exhibit "C" and made a part hereof. 7. As with the Answer, plaintiff was never served with a copy of the Motion to Dismiss. 8. On or about May 11, 2007, this Honorable Court submitted an Order that stated the defendant's Motion to Dismiss was in the nature of preliminary objections and that either party may list the matter for argument. A true and correct copy of the Order to the Motion to Dismiss is attached hereto, marked Exhibit "D" and made a part hereof. 9. Upon receipt of this Order, the plaintiff checked the docket of this matter online at the Cumberland County Public Documents and Records website; only at that point was plaintiff aware of the Answer and Motion to Dismiss filed by defendant. 10. The plaintiff, therefore, hired the undersigned counsel on May 31, 2007. Untimely Preliminary Objections 2 11. Pursuant to Pennsylvania Rule of Civil Procedure 1026(a), preliminary objections to a complaint must be filed within 20 days after service of the complaint. 12. Defendant's Preliminary Objections were not filed in conformance with Pennsylvania Rule of Civil Procedure 1026. 13. Furthermore, defendant waived all objections to the Complaint when he filed an Answer to the Complaint before filing preliminary objections. See generally Reed v. Pennsylvania Nat. Mut. Cas. Ins. Co., 342 Pa.Super. 517, 519-520, 493 A.2d 710, 711 (1985). 14. As such, defendant's Preliminary Objections should be stricken in light of defendant's failure to comply with Pennsylvania Rule of Civil Procedure 1026. Failure to Serve 15. PA Rule of Civil Procedure 440 (a) (1) provides: That copies of all legal papers other than original process filed in an action or served upon any party to an action shall be served upon every other party to an action 16. Defendant has not served the Answer to the Complaint on the plaintiff in this action and is in violation of Pa. R.C.P. 440 (a) (1). 17. In addition, defendant has not served the Preliminary Objections on the plaintiff. 18. Defendant's Answer has not properly been served upon Plaintiff as required and must be stricken. 3 WHEREFORE, plaintiff respectfully requests this Court to strike defendant's Preliminary Objections. Respectfully Submitted, KOPE & ASSOCIATES, LLC Sha a Es . Date: June 8, 2007 Ln , c r 0 _ ni Postage S Cat9Wd wa 15 ?? { ti <M az?+, ? x % r a ?fi, ° RrbY++geeeptP.e [ f E' _. y?. * ~ [ O tEr>dorssmrs P Beep 4W C3 LW! O ==D= ru -`*• M Tfti Postage a Few $ u. q SENDER: COA-PLETE THIS S[--c TiON » Cott Bete ttenls 1. a<,d 3. Ado Complete A. Sign tuM item a if PA*IctW DeKwy is desired. ¦ Print rMW name and address on the ravers, ao that we can shun the card to you ¦ Attach this card to Ow back of the maki ce, ?-- ° fPrfrteelMrrrej C. of,pep y,y or on the front if spam permits. e 1. A6* Addressed to: t?. 1s day'dd"AT'wrt err„ ? ,e l n f'S ??C111 GU's ? rc YE% • deiivecy addre trebw ? No n afi -;k 17C,11 - Commonwealth of Pennsylvania Court of Common Pleas Cumberland County Shawn E. Compton ) Plaintiff ) VS. ) Thomas Planavsky ) Defendant ) No. 07-1236 Civil Tenn ANSWER TO COMPLAINT With NEW MATTER ANSWER TO COMPLAINT WITH NEW M?iTTER YOU ARE HEREBY NOTIFIED TO FILE A WRI'I"IEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. The DEFENDANT, Thomas A. Planavsky, does set forth the following as his ANSWER to the Complaint filed in the above captioned matter: Denied in Part and Admitted in Part as follows: A. In July of 2000, plaintiff did pay a partial security deposit of S 400 and began leasing my property at 104 Clarkton Court, Lemoyne. B. On April 30, 2004, the above mentioned lease did terminate. Defendant did transmit a letter by certified mail setting forth a list of all damages owed including the unpaid rent for April, 2004, AND setting forth that the plaintiff was credited with S 815 toward such amount. The total balance due was $ 1,544.00. NEW MATTER 1. Defendant has obtained a judgment against plaintiff under the Landlord Tenant Act in the amount of $ 1,082.50 dated August 9, 2004. 2. Defendant obtained a second judgment against Plaintiff in the amount of S 1,044.50 dated September 13, 2004 3. No payments have been received toward satisfaction of either judgment. THEREFORE, the defendant m this matter requests your honorable court to enter judgment in favor of the Defendant and against the Plaintiff,. Respectfully Submitted, Thomas A. Planavsky, Defendant . '1, Commonwealth of Pennsylvania Court of Common Pleas Cumberland County Shawn E. Compton Plaintiff No. 07-1236 Civil Term VS. ) Thomas Planavsky } ANSWER Defendant ) VERFICATIQN The undersigned, THOMAS A. PLANAVSKY, DEFENDANT, does hereby verify that the facts set forth in the above Answer to the Complaint with New Matter are true and correct to the best of his personal knowledge, subject to the penalties relating to unworn statements to authorities. P444? ? Jd THOMAS A. PLANAVSKY Commonwealth of Pennsylvania Court of Common Pleas Cumberland County Shawn E. Compton ) Plaintiff ) VS. ) Thomas Planavsky ) Defendant ) CERTIFICATE OF SERVICE No. 07-1236 Civil Term ANSWER The Defendant, Thomas A. Planavsky, does hereby certify that the Answer to the Complaint with New Matter m this matter was served by first class mail to the address of the Plaintiff as set forth in the complaint on the date set forth below: Shawn E. Compton PO Box 148 New Cumberland, PA 17070 DATED: APRIL W, 2007 Re y submitted, 0 Thomas A. Planavsky Commonwealth of Pennsylvania Court of Common Pleas Cumberland County Shawn E. Compton Plaintiff No. 07-1236 Civil Term VS. Thomas Planavsky Defendant MOTION TO DISMISS YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE MOTION TO DISMISS WITHIN TWENTY (20) DAYS OF SERVICE HEREFO OR A JUDGMENT MAY BE ENTERED AGAINST- YOU. MOTION TO DISMISS The DEFENDANT, Thomas A. Planavsky, does hereby come before this honorable court to request that the above captioned suit be dismissed for the following reasons: 1. The Complaint does not contain a "Notice to Defend" as required by Pennsylvania Rules of Civil Procedure. 2. The Complaint as filed does not specify the relief sought in the manner specified by the Rules of Civil Procedure. 3. The Complaint is not in the format of Numbered Paragraphs as required by the rules of Civil Procedure. 4. The Complaint is invalid in that it does not specify the type of entity of the plaintiff or the defendant. 5. The Complaint as set forth seeks relief in the manner of a suit under the Landlord Tenant Act, but the limitations for such suit expired before the initiation of this matter. 6. The Complaint was not sworn too or affirmed as an unworn statement as required by the Rules of Civil Procedure. Therefore, as the Complaint, in this matter, being in violation of the various Rules of Civil Procedure, the Defendant in this matter requests that the Court dismiss this matter with prejudice. Respectfully submitted, Thomas A. Planavsky Defendant. Commonwealth of Pennsylvania Court of Common Pleas Cumberland County Shawn. E. Compton } Plaintiff ) VS. ) Thomas Planavsky ) Defendant ) No. 07-1236 Civil Term MOTION TO DISMISS CERTIFICATE OF SERVICE The Defendant, Thomas A. Planavsky, does hereby certify that the MOTION TO DISMISS in this matter was served by first class mail to the address of the Plaintiff as set forth in the complaint: Shawn E. Compton PO Box 148 New Cumberland, PA 17070 DATED: P2 ?Y- tf 2007 R y su Thomas A. Planavsky SHAWN E. COMPTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW THOMAS PLANAVSKY, : Defendant NO. 07-1236 CIVIL TERM ORDER OF COURT AND NOW, this I Vh day of May, 2007, upon consideration of Defendant's Motion To Dismiss, and it appearing that the motion is in the nature of preliminary objections to Plaintiffs complaint, either party may list the matter for argument pursuant to Cumberland County Rule of Procedure 1028(c)(2). dawn E. Compton P.O. Box 148 New Cumberland, PA 17070 Plaintiff, pro Se J /omas A. Planavsky 833 Briarwood Lane Camp Hill, PA 17011 Defendant, pro Se Court Administrator :rc BY THE COURT, VERIFICATION I, Shawn E. Compton, the Plaintiff in this matter, have read the foregoing Preliminary Objections to Defendant's Preliminary Objections. I verify that my averments in these Preliminary Objections are true and correct and based upon my personal knowledge. 1 understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: ?P v Shawn E. om CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, do hereby certify that on June 8, 2007, 1 served a true and correct copy of the foregoing Preliminary Objections to Defendant's Preliminary Objections via first class mail, postage prepaid, addressed as follows: Thomas Planavsky 833 Briarwood Lane Camp Hill, PA 17011 (Defendant) KOPE & ASSOCIATES, LLC S sq. 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 I.D. 92207 (Attorney for Plaintiff) F7,, OF KOPE & ASSOCIATES, LLC By: Shane B. Kope, Esq. ID 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com SHAWN E. COMPTON, Plaintiff, V. THOMAS PLANAVSKY, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-1236 (Civil Term) PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. The matter to be argued is the Defendant's Motion to Dismiss. 2. Counsel who will argue cases: (a) For Plaintiff: Shane B. Kope, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 (b) Defendant is pro se. 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 11, 2007 Attorney for Plaintiff • CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, do hereby certify that on June 8, 2007, 1 served a true and correct copy of the foregoing Praecipe to List for Argument via first class mail, postage prepaid, addressed as follows: Thomas Planavsky 833 Briarwood Lane Camp Hill, PA 17011 (Defendant) KOPE & ASSOCIATES, LLC hane B. Kope, q. 466 , Suite 201 Camp Hill, PA 17011 (717) 761-7573 I.D. 92207 (Attorney for Plaintiff) u ri co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN E. COMPTON, CIVIL DIVISION Plaintiff, NO. 07-1236 V. PRAECIPE FOR APPEARANCE THOMAS PLANAVSKY, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15592 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN E. COMPTON, CIVIL DIVISION Plaintiff, V. NO. 07-1236 THOMAS PLANAVSKY, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Thomas Planavsky, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL L.L.P. By: "'Rauch, Esquire I for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 29th day of August, 2007. Shane B. Kope, Esquire Kope and Associates 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL L.L.P. By: Kevin D. Radch, Esquire Counsel for Defendant , ;?? sz7 r= , r? C-D ? C N KOPE & ASSOCIATES, LLC By: Shane B. Kope, Esq. ID 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com SHAWN E. COMPTON, Plaintiff, V. THOMAS PLANAVSKY, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-1236 (Civil Term) PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-referenced action settled, discontinued and ended as agreed upon by both parties in the attached Settlement Agreement and Release. Respectfully Submitted, KO TES, LLC q. Shane Reff) SETTLEMENT AGREEMENT AND RELEASE This SETTLEMENT AGREEMENT AND RELEASE ("Agreement") is made and entered into this 9 day of July, 2007, by and among Shawn E. Compton ("Compton"), Pamela Sundol ("Sundol"), and Thomas Planavsky ("Planavsky") (Compton, Sundol and Planavsky each individually a "Party" and collectively the "Parties"). WHEREAS, on July 1, 2000, Planavsky entered into a real estate lease with Compton and Sundol for the premises located at 104 Clarkston Court, Lemoyne, Pennsylvania ("Lease I"). WHEREAS, on May 27, 2004, Planavsky entered into a real estate lease with Compton and Sundol for the premises located at 317 8t" Street, New Cumberland, Pennsylvania ("Lease II"). WHEREAS, judgment was entered in favor of Planavsky against Compton and Sundol in Magisterial District Court No. 09-1-01 at Docket No. LT-234-04 in the amount of $1,082.50 on June 15, 2004 ("Judgment P') WHEREAS, judgment was entered in favor of Planavsky against Compton and Sundol in Magisterial District Court No. 09-1-01 at Docket No. LT-408-04 in the amount of $1,044.50 on August 5, 2004 ("Judgment II") WHEREAS, on April 4, 2007, Compton filed a Complaint against Planavsky alleging breach of contract for the failure to reimburse a security deposit under either Lease I and/or Lease II which is docketed in the Court of Common Pleas of Cumberland County, Pennsylvania, at No. 2007-CV-1236 ("Lawsuit"). WHEREAS, the Parties to this Agreement now desire to settle and resolve any and all controversies between and among the Parties relating to the claims which have been made or could have been made in the Lawsuit, and with regard to Lease I and Lease II, and Judgment I and Judgment II. NOW, THEREFORE, based upon the promises, representations, warrants, and covenants contained in this Agreement, and intending to be legally bound, the Parties agree as follows: 1. Consideration 1. Planavsky agrees to releases and forever discharge Compton and Sundol, their heirs, executors, administrators, assigns, agents, and employees, from Judgment I and Judgment II. II. Releases 2. In exchange Compton and Sundol agree to release and forever discharge Planavsky and his heirs, executors, administrators, assigns, agents, and employees from any and all manner of actions and cause of action, and/or suits, including the Lawsuit, debts, accounts, covenants, contracts, judgments, claims, and demands, in law or equity, known or unknown, and including those which were or could have been asserted in the Lawsuit, or which Compton and Sundol ever had, now have, or ever will have against Planavsky arising out of Lease I or Lease II. As an essential element of this Agreement, Compton shall have an appropriate order of DISMISSAL WITH PREJUDICE, entered within five (5) business days dismissing the Lawsuit. (Remainder of page intentionally left blank) 2 III. Nonadmission of Liability 3. This Agreement and the releases contained in it are made to compromise disputed claims and to avoid litigation costs and do not constitute, and should not be deemed to constitute, an admission of liability or responsibility by Planavsky, who expressly denies any and all liability or responsibility to Compton or Sundol for the claims made in the Lawsuit. Planavsky shall not be estopped from denying any and all liability or responsibility for any of the claims asserted in the Lawsuit in any forum or proceeding, or for any purpose. IV. Governing Law 4. This Settlement Agreement shall in all respects be interpreted, enforced, and governed by and under the laws of the Commonwealth of Pennsylvania, without regard to choice of law. This Settlement Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any particular Party or Parties. V. Warranty and Capacity to Execute 5. Each person executing the Agreement expressly warrants and represents that he/she has full authority to enter into this Settlement Agreement on behalf of his/her respective Party, that the person executing this Settlement Agreement in a representative capacity on behalf of any Party is empowered and authorized to do so, and that all approvals and instruments for such authorization have been duly obtained and executed. VI. Consulting With an Attorney 6. The Parties acknowledge and represent that each of them has had the opportunity to consult with, and has consulted with, an attorney of his/her own choice in connection with the execution of this Agreement, and has relied upon the advice of such attorney in executing this Settlement Agreement. VII. Entire Agreement 7. The Settlement Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement and supersedes any and all prior agreements, whether written or oral. This Settlement Agreement may not be altered or amended except in writing, executed by all Parties to this Agreement. VIII. Severability 8. The invalidity of any provision of this Settlement Agreement shall not affect the continuing enforceability of the remaining provisions. IX. Binding Effect 9. The terms and obligations of this Agreement, including, but not limited to, the release and discharge, apply and inure to the benefit of the Parties and their predecessors, successors, heirs, executors, and administrators, representatives, assigns, agents, and any and all persons acting on their behalf or claiming through a Party. (Remainder of page intentionally left blank) 4 X. Miscellaneous 10. This Agreement may be executed in counterparts, each of which will constitute an original and, taken together, shall constitute one and the same instrument. 11. The effective date of this Agreement shall be the date upon which the last signature necessary for the Agreement's complete execution shall be made. 12. No provision of this Agreement is to be interpreted for or against any Party because that Party or that Parry's legal representatives drafted or participated in the drafting of the Agreement or any provision of the Agreement. For the purpose of the construction and interpretation of this Agreement, each Party will be deemed to be the drafter of the entire Agreement. 13. It is understood and agreed by and among the Parties that no representation has been made by any of the Parties regarding any issues of taxation related to the amounts discharged or forgiven under this Agreement. 14. The Parties declare that the terms of this Agreement and the releases contained in it have been completely read and fully understood by them, have been explained to them by independent legal counsel selected by each Party, and are voluntarily accepted for the purpose of making a full and final compromise and adjustment of any and all claims arising from, or in any way related to the Lawsuit and all claims which were raised, or could have been raised, in the Lawsuit, or which relate to Lease I and Lease II in any way and for the purpose of releasing Compton and Sundol from Judgment I and Judgment II. 5 IN WITNESS WHEREOF, and intending to be legally bound hereby, the Parties set their hands and seals on the date first above written. SWORN TO AND SUBSCRIBED before me, a Notary Public, this 124"\ day of , 2007. Public 10 auto to" he jjjw? MOO Nosy AAWC ++M crow" SWORN TO before me a Notary Public, this ?ay of C ipA7, 2007. Y3 U Notary Pub c My Commission Expires: , a--C? -r?? COMMONWEALTH OF PENNSYLVANIA (SEAL) Betsyf VanTa, ,Notary Public Y Of Tiiusyille Crawford County My Commisslori moiMS Dec. 4, 2010 Member. Pennsylvania Association of Notaries SWORN TO AND SUBSCRIBED before me a Notary ublic, lb Is _ day of Pubic Thomas A. Planavsky My Commission Expires: COMMONWEALTH Of PENNSYLVANIA (SEAL) PAMELA N RUSSSELLNotary Public City of Harrisburg, Dauphin County My Commission Expires Feb. 4, 2411 9 Shawn E. Compton ?"? K?L uaae?4? Pamela Sundol 6 t° '"` SAS ,•?-"° ? r j V ?? 4 •,E rTl . crl ? t ....? f.11 Jo