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Home My WebLink About97-06799 . ~, i'"" ! ""- '\ " i~ q: . ". .~. ,~ , t .., .~ ~ ~ J ,1, I] i , I I I !; , I I ! ' .I'~ { , ,\ premises at issue to the (sk) without lirst haviug obtained the permission or consent of Plaintiff, as required by the t\~rms of Ihe leuse; the Defendants have fuiled llI' refused to pay the real eslate taxes due and owing for the premises at issue, us required by the lerms of the leaSt'; the Defendants have connuitted waste to Ihe premises by causing daugerous alterations to the e1eclrical system and allowing wiring to remaiu exposed; and Ihe Defendant were negligenl iu mainlain the bnilding's gntters and ellves, resulting iu blockllge und dumage to same. 7, Petitioners deny failing to obtain permission and consent of Ihe Plaintiff prior to subleasing Ihe premises. On or about April 30, 1996, the Respondent engaged in a telephone conversation with the Petitioners' attorney, John Beinhaur, Esquire, and memorialized that conversation with correspondence, which hlls beenatlached hereto and designllted as Exhibit "A", in which he confirmed that he agreed to a sublellse so long as certain conditions were satisfied. All such conditions were, in fact, satisfied. 8, The P,~titioners have continued to pay any and all real estate taxes due and owing for the premises at issue and have, in fact, provided those taxes to the Respondenl by certilied mhil, return receipt requested, The Petitiom,rs arc aware of the fact that the Hespondent has failed 10 claim mail in the past and have been advised by the Hespondelll that it is hb, belief that they are in breach of the lease agreement by their continued insistence to send all payments to him whether Ihey are taxes or rent by certified mail, as this requinls him to go to Ihe post office to pick up thesc payments, <}, The Pelitioners deny haviug committed any waste to the premises, A condition of their occupying the premises was to modify the exisling electrical system at the cosl of teh Pelitioner's, Pursuant to the directions of Ill<' Respondent, as specified in Exhibit "A", they snbmitted 10 the Hespondent a diagram indicating the electrical work that was to be performed and was, in fact, performed, The Petitiouer" further deny that any alterations that Ihey made to the electri':al system were llangerous in nature nor did they allow any wiring to remain exposed, 10, The Petitioners deny that they have been negligent in any manner in maintaining the building's gutters and eaves and thm no damage has bet~n cansed to the building as a result of this alleged negligence. II, As no lIctual breaches of the lease agreement have occurred, the Respondent has no basis upon which to obtain judgment by confession o( any other means, 12, Respondent has conunenced civil actions alleging such breaches on two (2) seflamte occasions prior to his tiling confession of judgment. On or about October 29, 1997, District Justic., Glenn Farner issued an order dismissing the Respondent's complaint for ejectment and possession of the premises. Additionally, on or about November 25, 1997, the Respondent has t1Ied a sepamte civil action complaint with the Cumberland County Court of Common Pleas, alleging monetary damages due to the Petitioners alleged violations of the lease. The alleged violations of the lease specitled in that civil action - law which is docketed at #97-6250 Civil Term, aft' identical to the allegations of breach set forth in the instant action, (3, Respondent is estopped from pursuing his confession of judgment due to the fact that he hiLS previl1li:dy initiated a civil action - law which addresses the same cause of action with the court of common vleas prior to his confession of judgment complaint. 14, Respondent failed to provide proper notice pursuant to Penllsylvania Rule of Civil Procedure 297J.2(11) as the Respondent did Ilot serve notice by sl,eriff or other competent individual in the manner prescribed by Rule 402(a), nor did he mail a copy to the Petitioners in the manners prescribed by Rnle 4OJ, nor did he serve noti.ce pursuant to special order of court as prescrihed by Rule 4JO, 15, As the Petitioners have fully complied with the terms of the lease, and as the Respondent has improperly served notice of this confession of judgment, and as R.'Spondent has duplicated with his confession of judgment a cauSt~ of action that lit! has already filed previously with this HOllorable Court, , " , , , ' , ' , , . ' ~ 'r, l';" . .,'.. i .~, I; ~r 1, I , , 12/17/1997 IG:l~ 732-2~5-1552 LUll/If. [,f':1\I/[>0/ PAGE 01 . " ELK TJlAILS RANCH , ~ ((J fP1f' Owega PIke West Clifford, P A Capt, ROllXfpp, RO,tfl1 lJnJondole, FA 18470 (717) .2lM81.5 'jQ l cnt..J '(3.,...,..1 A~VfL <KCt 4<f~ ~ [".Il/,J~ Ir- ~ I , t1~4...rLt.S ~vl-f ,\Jl, _ ~ I 7If3"5 ~n Lf J1~/rL. a"" 1 ~ " ,~;< 717, l, 1 (~'f"i) ?~ (lIT/\- rL.Jt, uw(/t')WA'.ho.J 1'~..... ,/fin., r.;>- -Rf' 'j; J J , I/J , ~ " CD T 9.4,f) r IJlOJ\~ ~v l/lr>*09~ ~ /'{)xJ::5 ~~ -4u ~r- ~A \1) 6) C:/~,...,tI u~ t GO'lt \f3M~ I)J~~ sf. II be. L.'A~1a. fo"-- 4.iHe- LA~ Ld~ ~t(f; '5\t~/..i'''M(1. :; H"'ll V'l. ./ <l> 1A"'~ A.....C. (f"U~ J ~ ~i1.4-~.r [J.( ( ~~, J 6J A (,V'A <f~'A-, 6"'; o-I,..q,,/(.. wtl~~ 1'.( Wilt, , RONALD W, KIPPS, 1>laintifllRespondent IN THE COURT or COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 97-6799 EJECI'MENT - CIVIL TERM GEORGE BRANDT and ELAINE J, BRANDT truding as COUNTRY DAZE, Defen(hul t slPet i t ione rs JURY TRIAL DEMANDED l'_ETITION TO STRiKE HmGMENT COMES NOW, the PetitiOlu'rs, GEOIWE BRANDT and ELAINE J, BRANDT, trading as' COUNTRY DAZE, II, by und through their connsel, James J, Kayer, Esqnire, who do hereby uv,~r as follows: L Petitioners, George & Elaine J, Bmlldt, arc adult individuals who fl~side at 2225 Mt. Hope Laue, Toms River, New Jersey, 0875J and who trade as Country Daze, II. 2, Respondent is Ronald W, Kipps, an adult individual who resides at RR #1, Box 80-K, Uniondak, Pennsylvania, 18470, J, Rl~spondent is the owner of real estllte situated at 4904 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 4, The parties, on or about August 16, 1995, executed a lease of the premises situated in Mechanicsburg on Trindle Road, 5, On or about December 10, 1997, the Respondmlt filed a confession of judgment in ejectment and complaint with Cumberland ('ounty Comt of Comlllon Pleas alleging that the lease entered into t1l'tweell the parties had been br,'aclll'd, 6. Respondent, in his complaint, alleges four (4) "":parale terms of breuch ,\lid states in pertinent part in paragraph 5 of his complaint that the Petitioners (Defendants) "the Defendants subl,'asl'd the premises 111 Issue to IIw (sic) wllhoul firsl having obtained the permissiou or t'onSt'nt of Ph.lntifr, as reqaired by Ihe lernls of Ihe lease; the Defendants haw faile(ll1r refust~d 10 pay thc! I'<~al c~sllltc tuxes due and owing for the prelllises III Issue, liS requirl'd hy the tt'nns of the lease; Ihc~ Defendants have cl1llunltted waste to th,' prelllises by callsing dangl'rolls IIltentlil1l1s to Ihe electrical syslelll lInd allowing wiring to remain exposed; and the Defendanl wel'l' llegligenl inmaintaillthe bllildlng's glitters and eaves. reslllting in blockage IInd damage 10 sallie, 7, P,~litioners deny failing to ohtuln pl~nnlssion alld consent of the Plaintiff prior to sllhleaslng Ihe prelllises, On or about April )(), 1996, the Respondenl "llgaged Inll telephone converslllion with Ihe PeliIIOlll'rs' attorney, Johll Bdnhalll', Esqllire, and memorillllzed Ihat conwrsalion with correspondence, which has been attached herelO and designaled as Exhlhit "A", in which he confirnwd Ihllt he agreed to 1I snblease so long as certain conditions were satisfied, All such conditions were, in fae;t, satisfied, H, Tlw Pelilioners hllve conlinued to pay any and all real eslale laxes dlle and owing for Ihe premises al Issue and have, in fact, provided Ihose laxes 10 the Respondent by cc!rtitied lIlail, relurn receipt rcqlleste(1. The Petitioners arc lIware of Ihe faclthat the Respondent has failed to claimlllail In the pastllnd have heen advised by the Responck~nt thai It is his belief Ihat Ihey are in brellch of the lease lIgreemenl by their continned inslstencc~ to send all paymenls to him whether they are taxes or rent by cenified IlIail, as this re(l"ires him to go 10 Ihe posl office to pick lip these pllYlllcnls, 9, The Petitioners deny having COllllnitted <my waste to the prelllisc~s, A condition of their occupying Ihe premises was to modify the existing eleclrical syslc~m at the cosl of teh Petilioner's, Pllrsuant 10 Ihe directions of thc' Rc'spondent, liS specified In Exhibit "A", they snbmitted 10 the Respondenl a diagram indicating Ihe t'lc't'lrical wOl'k Ihal was 10 be performed and was, in fael, p,'rformc'cl. The Pelitioners further dellY Ihat any alterations Ihat Ihey nlack, 10 the electrical system were dangerons in nalure nor did they allow any wiring to remain exposed, 10, Thl' Petitioll,'rs dellY that they haw bet'lI IIl'gligl'nl in uny IlJanner ill nlailllaluing Ihe building's gUllcrs alld eaws and thaI 110 damage has IWl'lI eaused 10 11il' building us a result of this allegl~d lIl'gligt'nt"'. II. As uo uClual hreadll's of the leas" agl'l~t'mt'lIl havt~ occul'l'l'd, lhe Respondent has no basis UpOIl which 10 obtain judgment by cOllfessioll 0" any olher /lIl'ans. 12, Hespondent has conllllenel~d civil actiolls alleging such hreacltes on two (2) separate occasions prior 10 his filing confession ofjll<lglllelll. 011 or ahout (klol",r 29, 1997, Dislrict Juslice Glt'llII hll'lll'r issued .11I order dismissing the ({t~spolldelll's complainl for cjecllllelll and possession of the prelllist's, Additionally, oa or about NOVl'luher 25, 1997, Ihe Respondent bas filed a separate civil aclion complainl with 11ll' Cnmberlalld County Coun of COllllllon Pleas, allegillg mOlll'lary dam.lges due 10 Ihe Pelilioners alleged violaliolls of Ihe lease. The allegl~d violatiolls of Ihe lease specified ill thai civil aclioll _ law which is dockelt,d al #97-6250 Civil Terlll, aw identical to thl' allegations of breach sel forlh ill the instant action. 11, Respond,'nt is eSlopped frolll pursuiug his cOllfessioll of judgllleul due 10 the fact that he has previoosly illitiated a civil aelion - law which addresses the sanll' cause of action wilh tilt' court of C01J1l11on pleas prior to hi:; conkssion of judgll1t'nt complain I, 14. Respondenl failed to provide proper notice plll'suanl 10 Pennsylvania Rule of Civil Proct~dure 297.1.2(b) as the Hespondem did nol scrve nolic,~ by sllCriff or other colllpl'lent illdividual in lhe mallll,'r prescribed by Hull' 402(a), nor did he mail a wpy to the Petitioners in the IIUllln('rS prescribed by Rule 4OJ, nOl' did Ill' s,'rve uolice pursuant 10 special md,'r of court as pr,'scrib,'d by Rule 430. , 5, As tht~ I'etiliollers have fully complied wilh Ih,~ tel'lllS of Ihe lease, and as the Rt'spolldelll has illlproperly served notice of Ihis conkssion of judgment. and as ({espondenl has duplicaled with his conft'ssiou of judglnt'nl a eause of action Ihat he has ..Irt'ady filed pl't,vinusly with Ihis HOllorable Cmirt, 12/J7!1~~1 1(,:1~ 73~"~55-75~~ Ell, I IlL 11<1',111/1 f'AC,E OJ ; I ;... I , : r, , ELK TRAJLS RANCH , ~(Q)[PV Owoga l'lke West Clifford P A CRpt, ROll Kfpp&' n,D,,jI1 tJnJondole, FA 18470 (717) 2~MIIU :t', , ,., \: ~ I (}dL..; \~'/J A<lIJ/L 'Kn 410 II CIR.}~~/r'~, , t1rrJv....rLt,.$ 6vP-f \\K _ J J'N~') ~-tn Lf /1~!rJ.. "c..,,,.. I , '" I "'l' 7/7' (, 11-IJ> '1"1) 91'1'-' (\IT...... r~d,Jlr u,.,(/~.4.'.ht\.J 1",4...... 1If"7t.1t.;>- ~f' 'Fn II, WI ')- " (]) T ~'.I;,j) :t- I.J.ltlJ\~ ~J l/,rM(~ (iJ 11'>X~5 11~ ,.10 ~r ~)Alj) 6) F/ ~ ,"N u', t 6 rl {\.)t \(5M ~ [)JtfJ/ ~ s-A / / be. L,,q ~ht po"- 4f}..r)t!- } l' ~ ! !. I , , LA~ l.o~ i\f S\fPl.,M'P 511"l! {]~. ./ (j) '~:.-,r, ,1---C W\J, J ~ 'l/'.;11."-w /;hl( ~~\ '! J 6> A ~'/ltt~.J...-, 6~ Irlrl'rl\'(_ ltrtl kJ.~ -h. ( -tv I fl., \ VERIFICATION OF PLEADINGS I have r~ad the stat~llt~nts \Ill\(I~ in this d,)cum~nt and to the extent that it is based upun Infol'lnation which has beeu gi ve to me il is tm,' and correct to the b~st of my knowledge, information and belief. Ilmve executed this docum~nt on behalf of my clients who life cUI'l'l~ntly unavailable to execute n verification. The Petitioners' signed verification shall he sulllnitled to the court lit u luter c1ate, I understand thut false statements herein are macle subject to the penalties of PU. C.S. Section 4908, relating to unsworn fulsification to authorities, Dute: December 18 , 1997 Pl1'llIi,,'s lit iSSll" 10 th,' (sk) wilhollt first havillg ohlaill~,1 Ih,' pl~nllissioll or ,'llIISl'lIl of I'laillliff, as n'qllirl'" by Ih~ tenlls of Ih,' ka..",; Ih,' Ikfendallts havl' fail,',lor refllsed to pay Ihe real ~slate laXl'S lhit' allll owillg fm IIIl' prl'lIIisl'S al iSSlll', as Il'qllirl'd by Ih,' lenlls of Ih,' It'ase; th,~ llcfelldallts have COllllllillt'd wasle 10 till' prelllisl~s by l'allsillg dallgeJ'llus alt,'raliolls to the l'kclrical systt'lII alld allowillg wirillg to r,~maill exposed; alld Iht' llcrelldalll W,'ll' lIegligelJl in lIIainlailllhc building's gnlll.'rs alld caves, r,.'Sultillg ill blockag" allll dalllagl' to sallie, 7, Pelilioners dellY failillg 10 oblllill Ill'nllissioll allll COIISl~lIt of Ihe Plailltiff prior 10 sllblt'asing the premises, 011 or abolll April :Hl, )9%, Ihe Respondellttmgagl.'d in a tclephOlIl' COIIVl.'rsatioll with IIIl' Pl'liliOJll'rs' allonll'Y, john Ileillhalll', Esqllire, alld nll'lIIorialized Ihat cOllversalion witl. correspolldellce, which has hl.'ell allachl.'d hert.'lo Wid lil.'sigllatcd as Exhibit "A", ill which he confinlled thai hl.' agrel.'dlo a sllbleasl.' so IOllg as cl.'rlaill eOlldiliollS were salisfied, AII such cOllditions wert.', ill fact, salisfied, 8, The Pl.'liliont.'rs have l'OlltilUIl'd to pay allY alld all r,'al estate ta,ses dlle alld owillg for Ih,' premises al issut.' IInd have, in fact, provided those taxes III th" R,'spolldenl by certified lIIail, retllrn n.'ceipt reqlll'St"IL TIll' I'ctitiollt~rs me awan' of the fact that Ihe ){CSpOlllklll has faikd to daim mail in the past alld have beell advised by Ihe Rl.'spondellt that it is his belief that they are in breadl of Ihe lease agr,'elllelll by their contilllled insisll'lIce to send all paYlllents to hilll whether they arc laxes or relit by cerlifiedlllail, as this n~qllires hilll to go to the post oftke to pick lip Ih,'se payments, 9, The I','tilioners deny havillg cOllllllilled any waste 10 Ihe prt'lIIi".'S, A condition of their oCl'lIpyillg till' prl.'lIIises was to lIIodify 11ll' ,'xisting electrical systelll at the cost of teh Pelilioller's, Pursllant 10 Ihl.' dircctiolls of the Respolldent, as sp,~cified in Exhibit "A", they sllblllitted to the Respolld"lIt a diagraln illdicatillg the ekctrical work that wa:; 10 bc performed alld was, ill fact, performed, The P,'titiollers fllrlht'J' d,'lIy Ihat allY alt,'ratiolls that tl",y iliad,' tolhe eketrical syst"llI Wl're dallgerolls ill lIature lIor did Iht'y allow allY wirillg to relllaill cxpoSl'd, 10, Th,~ Pctitioners d,'ny that lhl'y have 11<'ell negligl~nt in any IlJallller ill IIlllintainillg Ihe buildillg's gUlll'rs and caves and that no damage has Iwen ,'aus,'d tn the building as a resnlt of lhis ullel!e,IIIl'gligellee, II. As 110 aelllal lll'l~udws of lhe Il'ase ugre"IIll'lIt have occulTed, the Respolldl~lIt has nn basis UpOIl which to obtaill Judgmellt by conkssion 00' any other 1lI,'ans, 1 2, lh~spondelltltas cOIlIllIenced civiluctions alleging Sllclt hrl'uches 011 two (2) sepamte occasions prior to his filing confession of judgnll'nt. 011 or about (lctoher 29, 1997, District Jllstice Olenn Farner isslll'd an order dismissillg the Respolldelll's "OIl1plaint I'm ejectllwllt alld possessioll of the premises, Additionally, on or about November 25, 1997, the Rl'spondelllltas fill~d a sepamt" civil action complaint with the CUlllberland Coullty Court of COllllllon ""'as, alleging llIonetary damages due to the' "etitioners alleged violations of the lease, The alleged violatiolls of the lease specified in thaI civil action - law which is docketed at #97-6250 Civil Tel'ln, arl' idelltical to the allegations of breach set forth in the instant action. 1:\, Respondent is estopped from purslling his confession of judgment due to th,> fact that he has previously illitiated a civil aclioll - law which addn~s"'s the sallie calise of actioll with th" court of COlli mOil pleas prior to his cOllfession of judgnwnt complaint. 14, Respondellt failed to provide prolwr notice pursuilnt to Pennsylvilniil Rule of Civil Procedure 297.U(h) ilS the R,,-,ponclent did 1I0t "'I've notice by sh,'riff mother competellt individual in tlw manner prescribed hy Rule 402(a), nor did I", mail iI copy to the Petitiollers in the mallners prescribed by Rule 40:\, um did he serve notice 11IIrSllant to spl'cial order of <'Ourt as prescribl'd by Rule 4.\0, 15, As th,' Petitioners have fully colllplied with the tenlls of the leas", ulld us Ihl'. I{espondent has illlproperly sl~rved noticl' of this eonfessinn lIf judgml'nt, and as Respondent has duplicated with his conkssio!l of judgllwnt a caus<' of ,lCtion that he has already filed previously with this HonOJ'alM Court, : I ; '" I , ' , , , , , ~ '" , ~' ;" II I, I , , f , , I 12/17/1':J':Jl 1[,: 1.1 l3:'<.".,(, '/~,I~,':~ FI./i !IlL [f.:r,IIi'1 PAGE OJ , ELK TRAlLS RANCH' (C(Q)(P)V Owoga l'Jko WeBt Clifford P A CApt, ROll Kfppe I R,D,jjl1 tJnJondolc, FA 18470 (717) 2.tM8U 'fa l cr" LJ 'R\",.) A ~ v n_ V(ll Lf<]o ~I If, j)..,,J~/r- ~~ I , t1,dV...rL t-J 6,; 1 \ ~ /703)' ~n Lf /l'\/fL. k,u[ . I~'" 7/7, ~ 1 h5'f'f) ?l')'.,., (\ " ^- r Ld,J If- LH) (/ t'l'W A. /0'" \\ ,.J .T,4....... Vf"/1.,t.~, ~f' 'Fa 1/. W I ~ " (J) ~:r SA,j) r VJc.lJ\~ ~J t/lrA9~ @!. 1,tJ><~5 J,~ 4u ~r' ~)tl\.D G F/$J,Nf/ \)'-, f 1Or-e"'7l' \(3M~'~ LtJtt.1~ s/llf be L,)Cj~kt po'- 4.we- -t\.f:' SIIt}t.,!'M('. S fl~lf D~. ./ (b fA>r-~ ,I__i: (r{\"~ J ~ ~n.~~.r l)~(( ~~, J (.i:J A G'll tt~,)...-, a ~J ~1rf'r11.1<"_ LA "'~ l.dMP ~ '- c-~, I r~~--'- . ) lIHlk.t~ ~~,I tv 111.1, r:xhibi t "A" RONALD W. KIPPS, PlalmlftlRcspondcnt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-6799 EJECI'MENT - CIVIL TEI~M GEORGE BRANDT and ELAINE J. BRANDT trading us COUNTRY DAZE, Defendants/Petitioners :'! It JURY TRIAL DEMANDED j' I';, PETITION TO STRIKE J1JOGMENT COMES NOW, the Petitioncrs, GEORGE BRANDT and ELAINE J. BRANDT, trading as COUNTRY DAZE, II, by and through their counsel, James J. Kayer, Esquirc, who do hereby lIVer as follows: I. Petitioners, George & Elaine J. Brandt, are adult individuals who reside at 2225 Mt. Hope Lane, Toms River, New Jersey, 08753 and who trade as Country Daze, II. 2. Respondent is Ronald W. Kipps, an adult individual who resides at RR #1, Box 80-K, Unionrklc, Pennsylvania, 18470. 3. Respondent is the owner of real estate situated at 4904 East Trindle Road, Medlanicsburg, CumberhUld County, Pennsylvania, 17055. 4. TIle panies, on or about August 16, 1995, executed a lease of the premises situated in Mcchanicsburg on Trindle Road. 5. On or about December 10, 1997, the Respondent tiled a confession of judgment in ejectment and complaim with Cumberland County Court of COlllmon Pleas alleging that the lease entered into between the parties had been breached. 6. Respondent, in his complaint, alleges four (4) separate terms of breach dnd states in pertinent part in paragraph 5 of his complaint that tlw Petitioners (Defendants) "the Defendants subleased lhe premiscs lit Issue to thc (sic) without tirst having obtuined the pcrmission or consent of Plailltiff, as requircd by the tenns of the leasc; thc Defendunts have failcd or rcfuscd to pay thc rcal estate taxes duc und owing for lhe premises lit issue, us rcquircd by the lerms of the Icase; the Defendunts have committcd wuste to the premiscs by cunsing dungerous uhcrutions to the elcctrical system and allowing wiring to remain exposcd; and the Defendunt werc negligent in muintain the building's gutters and eaves, rcsulting in blockage and damage to slime. 7. Petitioners deny failing to obtain pcnnission and conscnt of thc Plaintiff prior to subleasing the premiscs. On or about April 30, 1996, the Respondent engaged in a telephone conversation with the Petitioners' attomey, John Beinhaur, Esquire, and memorialized that conversation with correspondence, which has been attached hereto and designated as Exhibit "A", in which he continned that hc agrced to a sublcase so long as certain conditions wcre satistied. All such conditions were, in fact, satisfied. 8. The Petitioners have ccntillued to pay any and all rcal estate taxes due and owing for the premises at issue and have, in fact, providcd those taxcs to the Respondent by certified mail, return receipt requestcd. TIle Petitioners are aware of the fact that the Respondent has failed to claim mail in the past and have been advised by the Respondelltthat it is his belief that they are in breach of the Icase agreement by the.r coutinued insistence to send all payments to him whether they are taxes or relit by certified mail, as this requires him to go to the post oftlce to pick up these payments. 9. The Petitioners deny having committed any waste to the premise!l. A condition of their occupying the premises was to modify the existing electrical system at the cost of teh Petitioner's. !'llrSllant to the directions of the Respondent, as specified in Exhibit "A", they submitted to till' Respondent a diagram indicating the electrical work that was to be performed and WlIS, in fact, performed. The Petitioners further deny that any alterations that they made to the electrical system were dangerous in nature nor did they allow any wiring to remain exposed. 10. Thc Pctitioners deny that they have l1l'en ncgligent in any manner in nlaimaining the building's guttcrs mill caves and that no damagc has bel'n canscd to thc bnilding us a rcsult of this alleged negligcncc. II. As no actual brcachcs of the leasc agrccmclIl havc occurred, the Rcspondcnt has no basis upon which to obtain jndgment by confession or any other means. 12. Rcspondent has cOJnmenced civil actions alleging snch breaches on two (2) separate occ;lsions prior to his tiling confession of jndgment. On or about October 29, 1997, District Jnstice Glenn Farncr issncd lUl order dismissing the Respondcnt's complaint for cjectment and posscssion of the prcmiscs. Additionally, on or about Novcmber 25, 1997, the Respondcnt has tilcd a separate civil action complaint with the Cumb,~r1and County Court of Common Pleas, alleging monetary damages due to the Petitioners allcged violations of the lease. The allegcd violations of thc lease specified in that civil action - law which is dockctcd at #97-6250 Civil Term, are identical to the allegations of breach set forth in the instant action. 1J. Respondent is estopped from pursning his confession of judgment due to the fact that he has previously initiatcd a civil action - law which uddresses the same cause of action with the court of common pleas prior to his confession of judgmcnt complaint. 14. Respondent failed to provide proper notice pursuant to Pennsylvania Rule of Civil Procedure 2lJ711(b) as the Respondent did not serve notice by sheriff or other competent individual in the manner prescribed by Rnle 402(a), nor did he mail a copy to the Petitioners in the manners prescribed by Rule 403, nor did he serve noticc pursuant to special order of court as pwscribed by Rule 4:'0, 15. As the Petitioners have fully complied with the terms of the lease, and as the Respondent has improperly served notice of this confession of judgment, and as Respondent has duplicated with his confession of jndgment a cause of action that he has already filed previously with this Honoruble Court, aw..._ W"I!p~LK TRAILS RANCH' ((;(Q)[PY c.pt. Roll Xlpp, , R,D,tIIl UnJondlllll, PA 18470 (717) 2.220981$ " .' '"h, I en l ,.) 'l3..\' I J A ~ v It- \Kit '-I~d 'I ['.IlI~~/r ~, , t1~4."'LV 6v~ ~ .....- J \ /7(3) ~,n If /7U/fL. ..c...v I _ Jl1'i I ~~,. 717'" 1 'v Lf'f) '?~ dll'tL ,Ld,Jll U.<Jli'tl1'UA'l16.J T,4.N>. Vf"n,' ,(,;>' -rL.~ r; )1, W I ~ " (]) T SAIl> r vroJ\~ ~.) l/l,.,..g~ (iJ ""A)(J~S ~~ 4u ~r ~/l\j) 0) F/~I,..,tI V", f Gfi,.,.,t '6M# l,IJoJ/~ ~ If be LI,q~1r.>:. po..... 4.Pie- L4~ LtJ~ ~ ~. -{\li SIl91.1l"MQ. SH4lf Dot ./ Q> lAy..... ,t.,..c. (?A'~ J ~ ~11.'-~.r /)..(( ~ ~ \ , J 6J A Ci)'A <'I~'~ 6'; lrl,...q"I<" ~k~ 'i-[ W I ilia- : --..oN.. ... ... P k,,:,/>I F: ~ L I Au L U UI-lo-oe 01, IHI. '001 IIU EXf!l.RIT "A" l. ' "'-. prt'mis,'s ut issu<, to the (sic) wilhout tirst havin~ "llI,,ined th,' permission or cons,'nt or Plaintiff, as requircd hy the tCrlns of th,' ll'aSl'; th,' l>t>f,'mlanls hav,' failcd 01' rd'us,'d to pay the r,'al estat" taxcs dlle and owing for till' plcl\liscs at issu<" as r,~quil'l'd hy the t<'rIlIS of th,' leas,,; th,~ Defcndants 11llvc connnitted wasil' tothc prelnises hy causing dangerous altcratiolls to Ihe ell~ctrical syst"ln and allowing wiring to remaill,'xposed; alld thc Defelldant wer,' IIl~gligent ill maintain thc building's gutters nnd eaves, r,~sultillg in blockal\'~ and daluage to salm.. 7. PClitionCl's dellY failing to ohtain pl'Tlllission and conscnt of the Plailltiff prior to subleasing till' premiSl's. On or about April 30, 1996, the Respondclll ellgaged in a telephonc convcrsation with the PetiliOlll'rs' attorney, John Bdllhaur, Esquire, and mClllorializcd that convcrsation with cOlTespondenc", which has been attached hell~to and dcsignated as Exhibit "A", in which he confilllll'd that Ill, agreed to a sublease so long as ccrtain conditions were satisficd. All snch conditions were, in fact, satisfied. 8. The I'etitioll,'rs have continlll'l!to pay allY and all real .'state taxcs dn,' and owing for th<, premises at iss\ll'. and havc, in fact, provided those taxes to the Respondent by certified mail, ll~tUrl\ r,'ccipt requested Th,' Petitioners arc aware of the fact that the Respond,'nt has failed to claim mail in the past ami have beell adviscd hy thc Hespondent Ihat it is his belief that lhey are ill brcach of till' lease agreement by their continued insistellce to send all payments to him whether tlll'.Y arc taxes or relit by certified lIIail, as this rcquires hi III to go to the post office to pick up thes.' paymellts. 9. TIll' I','titioners deny having Clllllmitt.~d any wasle to the premises. A condition of thl'il occupying th.' prellliSl~s was to modify the ,'xistillg eketrical system <II th<, t:ost of teh Pelitioner's. Pursuant to th.' dir,'etions of Ih,' Ikspond,~nt, as slweified in Exhihit "A", they suhmitted to th,' Respond,'nt a diagram indicating th., e,,"etrical work that was 10 bc p,'rformed and was, in fact, pl.rfol'llll'd. Thl' I'ditionns fnlllll'r d,'ny that any alt.'rations that th,'y Inade to the dectrical system were dang,'ruus in natur,' nor did they allow any wiring to r"lnain exposed. 10. Thl~ P,'titioncrs deny that th,'y have b,'en nl'gli!!elil in llny llIanner in maintaining the building's gatters amI eaVl~S and that no dalnagl' has bel'n caused ll' the building as a resull of this alleged lIl~gligcnce. II. As no actual breachcs of thc ll'ase agreemcnt haw occurred, the Rcspondcnt has no basis upon which to obtain judgment by confession Oi any other IlIl~an:;. 12. Rl~spondeJll has Cllmmenccd civil actions allegiag sach breachcs on two (2) separatl~ occasions prior to his filing confession of judgment. On or abont October 29, 1997, District Justice Oknn Fal'lwr issucd an order dismissing the Respondent's cOIn plaint for ejl~ctment and possession of the premiscs. Additionally, on or about Novembcr 25, 1997, thc Respondent has filed a separatl~ civil action complaint with the Cumberland County ('oun of Connuon Ph~as, alleging monetary dam('.ges due to the Pl,tit ioncl's alleged violations of the lease. The alle.ged violations of the Icase spccificd in that civil action - law which is docketed lit #97-6250 Civil Tenu, arc idcntical to the allegations of breach set forth in thc instant Hction. 13. Respondcnt is estopped from pursuing his confession of judgment due to thc fact that he has previously initiatcd a civilllction - law which addresses the ~allle causc of action with the court of common picas prior to his confession of judgm,'nt complaint. 14. Hl'spondent failed to provide proper notice parsuant to Pennsylvania Rule of Civil Procedure 2973.2(b) as thl' Rcspondelll did not s,'l've notice by sheriff or other competent individual in the manner prescrib<'d by Hule 402(a), nor did h,~ mail a copy to the P<,titioners in the manners prescribed by Hule 4m, nor did Ill' servc notice pursuant to special OI'dl~r of COlll't as prescribed by Rule 430. 15. As the I'<,titioners havc fully complied with til,~ terms of the Jellse, and as the Respondent has improperly st,rved notice of this cllllfession of judgment, and as Respondent has duplicated with his confession of judgment a cause of action that he has ail'cady filed previously with this Honomble Court, 12/17/1':<0 It.: I.: 'I:J~' <~~;I,,,,/V<~ ll./',JIII'. [./.:r,/II/' I-'!V;,f: 01 : I ; '" I , ELK mAlLS RANCH , t(Q)~'Tf OwogQ Plko WC5t Clifford P A CIllll, RO.lll\lpp,' R,D.#l lJruondalc, PA 18470 (717) .2lMIIB , , , . I 1i. ~, ." \. I I 10 I cnLJ r8--\"/.J A~vll- C?C'! Lf10~i [,rTp..,,J~/r'~, , !1rc.1V...rLt-f 6vI-I; \\K _ ~ 17J'~"i ~r~ Lf /7~/r1. ~'" I I~'" 7/7, "'1/...,$'I-"f) (Vl'>'- 6V^- r L,.J\r L41-1c.1~A.'.ho,.J 1',4....... l/f'n.' r. >- -t-l, 1: 'j; II, l>J I ~ " (]) T 9.4,.0 r ~tlJ\~ ~J t/,r>'>ge o fA>lJ:cS ~t\,~ -iu ~r' ~A'_D (j) '011'1,.)'; u., f 6("1""71:' \(3^^~'1- lPaJ/~ rA If be: L,}(}~k. fD'-- 4.4-~e- ../ " ( ~. " ! LA~I.()~ tp~---~~ . ....;Af. Slf~",,~(t Sf/...lr 1., ,.... u~. ./ Q; 1A~,;, A,..i: (?"'~ J ~ '/f'.Jn.4;-~.r fj..(( ~~\ J 6J A G> III tt~,),...-, 6 tJ cr-I ri'r 1\1 <.... V~lkJ.~ -~,( it! 1fl.1 \ Exhibit "A" c&aEC18W1 RONALD W. KIPI'S, PluintiftlRespondent IN THE COllIn OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS, NO, 97-6799 EJECI'MENT - CIVIL TERM GEORGE BRANDT und ELAINE J. BRANDT tmding us COUNTRY DAZE, II, Defendants/Pcti t ioncrs JURY TRIAL DEMANDED ()}U~ER AND NOW, this _ day of Dccemb/~r, 1997, upon consideratiou of tl\(~ Petition for to Strike Judgcmelll, a Hule is hcrcby ISSUED upou thc Plaintiff to show cause why the relicf rcqucsted should /lot be grunted. Pursuant to I'a. ItC.I', 2959(u)(3)(c), all uctio/ls on Plui/ltiff's judgmcnt in this ucti'on lire stuyed pending further uction of this court. RULE RETURNABLE within _ days of servicc. BY THE COURT J. cc: James J, Kayer, Esquire George J. Duniel, Esquire '"" '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RONALD W, KIPPS Plaintiff NO.: (n- 0.0(('-( EJECTMENT. CIVIL TERM vs, GEORGE BRANDT and ELAINE J, BRANDT trading as COUNTRY DAZE Dofendants PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue writ of possession in the above matter, .-;.,.-;r;~ ~'--. - ---- G~ge-;r.1)aniel, Esquire L---.--:t~ftorney for Plaintiff 10 # 52998 645 Ferry Street Easton, Pennsylvania 18042 (610) 252-705l1 f;l C0) ..'" " IX> r- ~ l'l') s: -.:t IS') -it t\ :j <.L. u b '-:1 ci, , -0 " c)... . Q " C! '.,"' \.1'} U d C.. 'l, ,~ l..J ,." I ~-l ' '.J Mechanicaburg property to Defendants, Attached hereto and marked as Exhibit 'A' is a copy of that lease. At all times relevant the Defendants traded under the name "Country Daze" and executed said lease as the lessee using said tradename. 5. Beginning on or about April 22, 1996, and on other occasions since then, the Defendants have breached the terms of their lease with Plaintiff in the following respects, to wit: (a) the Defendants subleased the premises at issue to the without first having obtained the permission or consent of Plaintiff, as required by the terms of the lease; (b) the Defendants have failed or refused to pay the real estate taxes due and owing for the premises at issue, as required by the terms of the lease; (c) the Defendants have committed waste to the premises by causing dangerous alterations to the electrical system and allowing wiring to remain exposed; ld) the Defendants were negligent in maintaining the building's gutters and eaves, resulting in blockage and damage to same. 6. Plaintiff has not confessed judgment in ejectment against defendants in any jursidiction. 7. No notice to confess judgment is required under the lease. .....Id.. DIC- 1-'1 MON 15:44 ,.' . .. ,', . . LEASE IJ .kid' THIS AGREEMENT. made this I~ day of""ronc thousand nine hundrod and ninoly five ..\!..l3.'1f. (l99S), betWeen Ronald Klpps hereinafter called Lessor, and Country Daze ( George and Elaine BfIl1dt), hereinafter called Lessee, WITNESSETH. That Lcs.sor letl unlo Lelsee the building lQCated u4904 Trindle Road, Mechanlcsburg, Pennsylvania for the lerm of three (3) yearl to bt&in on the lIrSl day of October , 1995 at the ratll oftllirtcen thousand two hllndred dollart ($ 13,200,00) per year, payable withotlt any previous demand therefor, in equal monlhly payment. of one thousand one hundred dollars (51,100.00) in advance on the f1nt day of each month, and thel\mher renl of all other sums which may become due :'y lessee under covenants, terms and conditions of this lease, at the office of the lessor, or at such other place lIS said les50r may in wri1ins ITom time to time diJea, Rent to begin October 1, 1995. The above leuins i.subject to the following covenants, termS and conditions: USE AND ASSIGNMENT 1 ,Lessee aarees tbat it wi~~ nor sublet ~he said prernlses or any PI't thereof. and wUl use and occupy l.he same &8 offices for Counlry ~\J'ind for no other purpose without tlte wollen COMeRt of lessor first had and obtained; it being agreed that any levy or IIle or cocecutlon or other legal procen against lessee. or any I15sipment or bankfuptcy proceedin.\ll or appoWment of a receiver Qr insolvenoy of lessee. may al Ihe oplion of lessor be deemed and EXHIBIT , __\_\Jl~' -_.- .. .lIl1:C~ 1-'" HOH Ill:.... .' taken to be an u.ignment within the meaning oflhislcase; nor .halllessee manufltcture any c;onunodity, nor prepare or dispense foods or bcverages therein, nor do or permit anythins to be done in said demised premiSCI or In any pin of said building, nor brina or keep anythlna therein which will in any way increue the rate of fire insurance ovcr that for .uch a buildins wed excluliw1y for office purpoSCl, or avoid or suspend policiC5 of fi..., insurance on said building, or on propeny kept therein, or which will conflict with the laM or police or fire department or Boud of Firo Underwritert' regulations relatins to /ires, or with any of the rules and regulations oftbe board ofHoalth, nor win the lessce allow said premises or any part thereof to be occupied by any other person than lcasec or lossco's employeea without the written consent oflossor endorsed hereon. REMEDIES FOR NONPAYMENT OF RENT 1. IMsM will pay the laid specified rent, or Iny other charses payable as rent, atlhe time and In the manner above provided, and all dam.ges , costs and charses in this le.se provided for, and in the case of nonpayment of said rent, damalles, costs and cbaraes, if my, or in cue the leased premises shall be desened or vacated, leSlor may enter the lime either by force or otherwise, without beinllliable to any prosecution or action therefor, and may distrain not only for the Ipecitic tent above mentioned, but also for a1l damqes, COSls and any other charlles payable as ronl in this lease mentioned and provided for with 1 DKC- 1-'1 MOH 13:~~ ...eo ,. the.1IIIC force and effect IS ifthc same werc a distreS3 for rent in arreat, and also may relet the same premise. as agent of lessee for any unexpired p<.trtion of the term. and receive the rent therefor, Ifltuce .hall, at any time during the continuance of this lease, attempt to remove the good and chattels out of or oft' fiom said premisa without having paid and lltittled the said lessor in full (or all rent which shall bewme due during the term ofthi. leuc. or If the lasee is sold out by any sale under proces. of law, then In lilY such cue the whole rent for the whole term of this lease, or any continuation thereof. lhall be taken to be due and payable forthwith, and the said lessor may proceed to distrain for and coUect the whole in the same manner as if, by the conditions of this lease, the rent for the whole term, or any I;ontinuation thereof, were payable in advlnce, any law, usage or custom to the conuary notwithlltlllding. Lessee also agrea that aU property on the said premiSCI IhaU be liable to distress for rent. and for said damages, costs and any other chal'l!e5 payable as rent. lessee hereby waiving the benefit of all laws made, or to be made, ClIemptlns property from levy and sale, either on distress for said rent. damaa:e.t. CO'lS and any other chargeS payable as rent, or on a judgment for Slid rent, damages, cost.lIld any other chargea paYllble .. renl, or for breach of any other conditioRl herein contained. ) Dac- 1-'7 MON IX:46 P.18 of Illy kind in or about tho building nor shall Lessee permit rubbish, rofuse or garbago to ICC\lmulatc or tirc hazard to cxist about thc demised premises. , FIRE 5, If. durlnS tho term of this lease, the building iI so injured by fire or other casualty not ooc:urrinl throuah the neaJigence oflessee or those c1aimina under lessee, or their employees respectively, that the demised premises Ire rendered wholly unfit for occupancy and said demised premises cannot be repaired within .ill!)' days from the bappening of such injUI}', th~n the lease shall cease and determine from the date of IUch Injury. In such clSe leuee shall pay tho rent apportioned to the time of the injury and shalllnunedlltely surrender the leased premises to lessor, who may enter upon and repossess the same. If such injury can be repaired within sixly days thereafter, Icssor may cnter and repair, and thillease sh.Jl not be a1fected, except that the rent shall be apportioned and suspended while such repairllto belna made Ifthe lIid demised promises shaUIN! .0 .lightly Injured by fire or other casualty lIS aforesaid i. not to be rcndered unfit for ocatpancy, lasor a,grcc. that the same shall be repaired with reasonable promptitude, in which case the m1t II(;crucd or ,"ruins shall not be Ippal1ioned or suspended. , ,...60 DIIC- 1-'.1' MON 111; oH ., wrtil terminated by either puty hereto giving to tho other .t leut three months written notioe for rt11\Oval prior to tho eKpiration of the then current term. MODIFICATION OF TERMS 12, The terms tnd conditions of this lease shall not be modified or changed in .ny way exoept by wrillon notice Jiven by lessor as aforesaid, or by writing endorsed hereon sil9*i by lelSor; provided however that no notice given by lessee or any penon claiming under lusee shall be withdrawn without the written consent of lessor. IflelSec &ill to surrender possession ofthe demised premises at the eKpiration of any current term al\<< bavina given the notice required herounder, lessor may, at the option oflessor. troat sl/ch notice as withdrawn by lessee with the wrillen consent oflessor. REMEDIES OF LESSOR lJ. It is further ....ced that the said .~iflcd rent, further rent III above provided. cosll or any other charges payable III rent lhall at .ny time be an arrears and unp&ld, or laid lessee or those claiming under lessee, Ih.1I till to keep or comply with any other of the covenanU, terms tnd c:onditions ofthis lease dUr1nJ the aaid term. or any S\lb$8quent term. or with any notice given under the terml hereof. this lease may, at the option of lelsor, be forthwith terminated and become absolutely null and void without any r1aht 011 the part o(lessee, or those claiming under lessee, to reinstate the lame by payment ot . DIC- 1-'7 MaN 15148 P.1:1 . . Ihlll occur; and provided Ihal if Iny reason, after such Imicable Iction and confession of judarnent in ejectment has commenced. the same shall be delennined and Ihe possellion of Iho premises hereby demised remain in or be restored to the lossee. the lonor Jhall hive tho right in any subsequent default or defaults to bring one or more further amicable actions in Iho manner and fonn as hereinbefore set forth, 10 recover possession of said premises (or ,uch subsequent default. No determination of this lease, nor takill81 recovering possession of the premises, Ihall deprive lessor of any other remedy or actlon against lessee or those claiming under lessee, for possession, or for renl, damases, coats or any other charges payable as renl, no~ shall the bringinll of any such action for rer.I, damages. co~s or any olher charges payable os rent, or any distress or suil for rent, damagea, costs or any other chargos, payable as renl, prevent lessor from proceeding to recover possession on a breach of any of the lerms and conditions hereof. VERBAL AGREEMENT 14, It is hereby mutually agreed and underslood that Ihi, lease contains all asreanents. promises and understandings betwCtlnleasor and lessee and that there are no vubal or oral agreements, promises or understanding' of any kind or nature and thaI no verbal or oral agreemenU, promises or underslandins' lhall or will be binding upon eitMr lotlor or lessee in any dispute, controveuy or proceeding at law. to ~ ,< ~ . e) '-;1- r- .+~ r .:..r- -a. 0' d ~ (l'l -<. -' 11.. \/] t"" J 8 l f}; ,'- -.- I:' 0 73 u t( (' .. , .. l() ti 1:1 '" ~l .~ ' . . Lli -:r :) ,{. ~\4 I" cr , 0 " I , " :9j \II t:. ,- I [,-' I L t, I ( I .:, RONALD W. KII'PS, l'laint i ff/Hespondcnt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-6799 EJEerMENT - CIVIL TERM GEORGE BRANDT and ELAINE J. BRANDT trading liS COUNTRY DAZE, De fcndllnts/I'l,t i t ioners JURY TRIAL DEMANDED " r.WIITION TO STIUKE ,JUnGM~':N'J' , , COMES NOW, the Pl,titioners, GEOIWE BRANDT and ELAINE J. BRANDT, trading as COUNTR Y DAZE, II, by and through their counsel, James J. Kaycr, Esquire, who do hcreby awl' as follows: 1. Petitioners, George & Elain,' J. Brandt, are adult individuals who reside at 2225 Ml. Hopc Lane, Toms River, New Jersey, 08753 and wbo trade as Country Daze, II. 2. Rl,spondent is Honald W. Kipps, an adult individual who fl'sides at RR #1, Box 80-K, lJniondale, Pennsylvania, 18470. 3. Respondcnt is the owncr of rcal estatc situated at 4904 East Trindle Road, Mcchanicsburg, Cumberland COUllly, Pennsylvania, 17055. 4. The parties, on or about August 16, 1995, executcd a lease of tbe premises situated iu Mcchanicsburg on Trindle Road. 5. On or about Dccember 10, 1997, thl' Hespondent tiled a confession of judgment in cjcctment and complaint with Cumberland County Court of Common Plt'as allcging that thc lease entered into betwcl'n the parties hm\ been breach,~d. 6. Rl'spondtlll, in his comphlint, alleges four (4) separate tcrms of brcach and states in pertinent part in paragraph 5 of bis complaint that the Petitioners (Defendants) "the Defcndants subleascd the prcmises l\l issuc to tl)(' (sic) without first having obrailwll Ihe pel'lnission or consent of Plaintiff, as rcqnir,'d by thc tenus of Ihe lel"e; th,~ Defenllants have railell or I\'fus,~d to pay the' real estate taxes duc and owing for Ih,' prcnlis,~s at is,me, as requil'l'd by thl' tcrms of the lease; the Dcfendants havc committed waste tothc premises by causing dangemus alteratiuns to the electrical system and allowing wiring to renlllin exposed; and the Defendant were negligcnt inmaintaillthe hnilding's gutters and caves, reslllLing in blockage and damage to samc. 7. Petitioners deny failing to obtain permission and conSl'nt or thl~ Plaintiff prior to suhlellsing the premis,~s. On 01' about April 30, 1996, the Respondent engaged in a telephone conv,'rsation with the Petitioners' allonwy, John Ikinhanr, Esquire, and memorialized that conversation with wrrespollllence, which has beenattachecl hercto llnd designated as Exhibit "A", in which hc confirmed that he agrecd to II subleasc so long as ccnain conditions were satisfied. All such cOllllitions were, ill fact, satistlecl. S. The Petitioners have continued to PllY any and all relit estate taxes due and owing for the premises at isslle and havl', in fact, provided thosc tllxes to the Respond cut by certified mail, return rccl'ipt request,,,!. TIll' PetitiOlll'rs ar,' awaw of the fact that the Rcspondent has flliled to claim mail in the past and havc been advised by the Respondent that it is his hclief that they are in breach of the leasc agreement by thcir continued insistencc to send all paymcnts to him whether they are taxes or rl~nt by certifkd mail, as this rcquires him to go to thc post office to pick up these payments. 9. The Petitioners deny having committed any waste to the premises. A condition of their occupying the pr,'mises was to modify the ,'xisting dl'ctrical system at the cost of teh Petitioner's. Pursuant to the direcriolt, of the Respolldent, as sp,:cificd in Exhibit "A", they submitted to the Respondent a diagram indicating the dectricaJ work thlll wa' to be performcd and was, in fact, perfornll'd. Th,' Petitionl:rs furth,'r deny that any alterations that th,'y made to till' electril:al system wer,' dangerous in nature nor did th,'y allow any wiring to remain expos,~d. ((), The Petitioners deny that they have bcen negligent in any manner in mailllaining !hc building's gull,>rs uud ,'aves und that no damage has been caus,'d to the building us a result of this ullegcd negligcnce. II. As no actual lm'aches of thc lease agr,'cnlent have occurrcd, the Respondent has no basis upon which to obtuin jndgmelll by confession o. any other means. 12. Rcspondent has connnenccd civil actions ulleging such breaches on two (2) separate occasions prior to his filing confession of judgment. On or about October 29, 1997, District Justicc Glenn Farner issued an order dismissing the Respondent's complaint for ejectment and possession of the premis,~s, Additionally, on or about Novembcr 25,1997, the Hespondent has filed a separate civil action complaint wilh the Cumberland County Court of ComlllOJI Pleas, alleging monetary damages duc to th,> P"titioners alleged violations of the lease. The alleged violations of the lease specified in that civil action - law which is docketed at #97-6250 Civil Term, are idcntical to th" ullegations of breach set forth in the installl action. 13. Respondent is e:itopped from pursuing his confcssion of judgmcnt clue to the fact that he has previously initiatcd a civil action - law which addr"ss"s the saine cans" of action with the court of common pleas prior to his confession of judgment comphlinl. 14. Respondent failcdto provide proper notice pursuant to Pennsylvania Rule of Civil Proc,',dure 29712(b) as the Respondent did not serve notice by sheriff or other competent individual in the manner prescribed by Rule 402(a), nor did he mail a copy to the Petitioners in the manners prescribed by Rule 403, nOl' did he serve notice pursuant to special order of court us prescribed by Rule 430. 15. As the PetitiolJers have fully cOlllplied with the terms of the lease, and as the Respondent has improperly served notice of this c,mf"ssbn of judgment, and as Respolldent has duplicated with his conf,'ssioll of judgm,'nt a cause of action that hc has already filed prcviously with Ihis HOlJorable Court, ; I , "1 , . , . . . ~ ". , b' ,',' i' I; t, " I, I . , f I I ( 12/17/19~7 1(.:1.1 732'~~~~,-15~2 [[.lilllle [-.[.:;'.1/:'1 PM,( 01 , ELK TRAILS RANCH &\ t~~'1f OwcgQ .PJkc WC5t Clifford P A 9' CApt, Ro.a Kfppe' RoD,II tJnJonde/c, PA 18470 (717) 2lMlll~ 10 I cnLJ 1t3.-\"IJ ^~vn..... V?rt Lf10~1 ["IP-I,)~/,tP!l, . t1rc.~4.LI'Lt.s t..J'"f \Q., __ J /70S') \~('~ Lf /ru/rL. ...c..."" I . JI" (~'" 7/7,q/-U"'f'j) ~>'-- (ILl'^- f L-d,Jl\ U.u(/~4.i,~,J .T,4..... VIm, 1,(, ~ ~f' 'Fa 1/, W , ;:r " CD ~r SAIl) r \}/tlJ\~ !J.Jt/1r>'>9~ ~ f{l)<J.C5 ~~ ~ ~r rA 11) G 'F/lJl,.11/ \r. f fOnl'-)l' \(3MM- wfl4~ sit/! he L)C)~/..t ro..... 4I'fJJe. LA~ I.cJ~ f/.~'-:-~~ ' -f,( 13 II ~t,i'1"""'7 ('. S 1(" If {)~. ./ (j) lA~tI'I A.....C (f/l"~ ) C)) 'lfJ,J11.__~.r /)~(( ~~\ J 6J A G>,/\Cf~'),.,.-' ~,) crlrl)I\IL ~k~~ 'i-f iUllt,\ >- co (-- cr; , ..:, 0_' .~. ('I ;' 1I I ~ ' ~..I! ( r'. , .. i..1 .' '1'. ....1 b . (1: t.~ j -' ti"-J i: :=::., I\L U. ,:Y'J ~-.) '_1 CP U LAWRENCE E. WELKER PloruoNoTAR' CUMBERLAND COUNTY CARLISLE, PA 1101l cr' ","'t (~lri.W~' ,I i '\~ (~ ~: ~ :0.32: t PBMm~ : 7138n4 Q,', ...)STAGI : n7 r -'. ~1 r ,',' , I', r I (,. ,. '''''- , , GEORGE BRANDT AND ELAINE J. BRANOT ~lfuNTRY DAZE 4-904-E,l'st Trindle Road Mechancisburg, ~ NO ~7055~0~0 ~N 00 ~./~5Iq7 RI!TURN TO SI!NDI!R ~ORWARD ORDI!R ON ~XLI! UNABLI! Tg ~ORWAAD AI!TURN'T SI!NDI!R COUNQO" '- If) ~. I . Ill' " , ": I.. I . I , ~ I , C ~.~ ~-)