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Home My WebLink About00-06294 ;_'_'"'''r=~ - ~ ~ . . m;~.-..""" A -' COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUl'1BERLAND JUDICIAL DISTRICT 9th JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL COMMON PLEAS No, :l.000 - (p~ q 'i &p h ILf, ;).000 ':1 ;,[ Notice is given that the appellant has lileli in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below, NAME OF APPELLANT HOWARD AND IDA STEAGER MAG. DIST. NO. OR NAME OF D,J, 09-1-01 ADDRESS OF APpELLANT 411 Reno Street, New Cumberland CITY STATE PA ZIP CODE 17070 8/22/00 I IN THE ~ASE OF.:: (PLAINTIFF) Robert. & Sandra Cornman VS. SIGNA~MNT6'~~ (DEFENDANT) Howard & Ida St~ager DATE OF JUDGMENT CLAIM NO, CV YEAR L T YEAR 328-00 . This block will be signed ONLY when this notation is required under PA. R,C.P.J,P. 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. If appellant was Claimant (see PA R.C.P.J.P. No, 1001(6)) in action before district Justice, he MUST FfLE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Slgn~ture of Prothonotary 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,J,P, No, 1001(7) in action before District Justice, IF NOT USED, detach from copy of notice of appeal to be se",ed upon appellee, PRAECIPE: To Protho~ Enter rule upon ~J:. -+ s';amAJ\(] ('~ .tY1.o..n Name of appel/ee(s) , appellee(s), to file a complaint in this appeal (Common Pleas No. tro - C, ;;L rr'f ) within twenty (20) days after service of r , Signature of appellant or his attar. ey or agent RULE: To "-D ~.. ~(\ftl>. ~m{lJU ,appellee(s) ~ Name of appelfee(s) (1) You are notified that a rule is hereby entered upon you to lile 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 hot file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. ,<;dpt. . I~} , Year {);JtJ() ~~ 1f!J, ~. tJ~ 4 Signature of Prothonotary o=y Date: White - Green .. Yellow Pink Gold Prot~onotarYCopy Court File Copy c. Appelant's Copy,.. Appellee Copy . . D. J: Copy "'. Proth, - 76 .M~ "'1l!1i11W~~jjlii\'>l:!,'<<1;i~!bt"!,"--'%.mhl<-n:,,}'tJ;1;<<i:i',;],:~'>if"""",.f'''-'d"",d'O,j;-.;;",""<;"",!,~~,,,+_.,,,,,,,,\-,~,,>ti:,u!~~JlllIiliiiIiIi''''~: ~ Iii.:*-",_ --lIiIliMiiIlllll': .' ~' ,...1. UJll'IUUliliir ~ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~;ss AFFI DAVIT: I hereby swear or affirm that I served o a copy of the Notice of Appeal, Common Pleas No. . , upon the District Justice designated therein on (date of seNice) _ , year ~~__, 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name __~.____, on , year __~_~, D by personal selvice D by (certified) (registered) mail, sender's receipt attached hereto. D and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on . , year ~_, D by personal seNiee 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ____, YEAR,__, Signature of Affiant Signature of official before whom affidavit was made My commission expires on ~ ,year __. (") ~ ~fti 6S.~ ~e ig ~. Q Q en !:d o -n Title of official - :::;:1 r"-i't;IJ -"'"rJ ;i'Jg' ~..) ~."cI .J :1: 7'i r) n 2(') om ~ -< .c- -0 :x ~ 01 CD. .., _~.~,__,,__=, ~",~,'X',.~_ ~^ "--""" -~,-" ~~ -~ -'''~'^ w~.~" ~- ~ -~ d"_~.___ .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No,: 09-1-01 OJ Name: Hon. CHARLES A. CLEMENT, JR. Add"" 1106 CARLISLE ROAD CAMP HILL, PA T,,'phoo, (717) 761-4940 17011 ATTORNEY DEF PRIVATE PINS KEY & FOSTER/PETER B. FOSTER 121 SOUTH STREET HARRISBURG, FA 17101 ... '." t.riIl~","",-,,,,;, NOTICE OF JUDGMENTITRANSCRtPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'coRNMAN, ROBERT & SANDRA I 504 THIRD STREET NEW CUMBERLAND, PA 17070 L ~ VS. DEFENDANT: NAME and ADDRESS IsTEAGER, HOWARD & IDA 411 RENO STREET NEW CUMBERLAND, PA 17070 l I ~ Docket No,: CV- 0000328 - 00 Date Filed: 6/20/00 ... '-. . . THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLATNTTFF 00 Judgment was entered for: (Name) f'ORNMlIN RORRR'I' ~ !UNnRlI 00 Judgment was entered against: (Name) ll'l'RlIc;RR. HOWlIRn ~ TnA in the amount of $ 1,R1n nn on: o o o o o Defendants are jointly and severally liable, Damages will be assessed on: This case dismissed without prejudice, Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ days or 0 generally stayed, Levy is stayed for o Objection to levy has b'eenfiled and hearing will be held: (Date of Judgment) R/??/nn . (Date & Time) Amount of Judgment $ L 700 .00 Judgment Costs $ 116.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ L 816.00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ Date: Place: Time: .. . . ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY QfJUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PI..iAS, CIVIL DIVISION. YOU . MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TR SCRIPT FORM. I Y O,TICE OF APPEAL. 8/22/2000 Date / ," ,,', !.x:CA !".A..&"" .--;-- istrict Justice Date I certify that this is a true and correct copy of the record of the proceedings cont , ,ing the judgment. "'ki; , District Justice My commission expires first Monday of January, AOPC 315.99 2002 SEAL 'lIIiiilWili~~~'~~I~,&,"1,ili6;,,"'''-''r''''~,;~dd.-;ii~'"t):f''~~:''''2r!.:c'~kf,; ""_~>",,,",,,,,,,",....),,,;",;&,,~,,~,JJl:h""-';"" -"~'1IlIililII "_0 ,~, ~ ,< ,,"'"',~ ^ ~ ., - ~ . ,., , , ~ . 1~. ~~ ~'\ ~ ~ .::::::: " V) VI --<.::- ~ .. --~'"'~~' l~fl.l!1i;~SiMllb..liJlilI <~\ ~ ~ ~ ~ ~ , v.....c. , )0 B, -~ V) ~t :l ;t ;mj z~ ~'.B: ~t; is ~ ~'l ' o C) rfl ~ .." , ,... , "^~ , ~~"~ " ',1 '-", ii .1' , ~ J:' -0 ::ll: N ., t1l (iD '.... :::C-n l"Hp 'TJ rIl :::.o~--' L)(...., :1: :+; 90 Z\'ii o O"l ~ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLANb NOTICE OF APPEAL FROM JUDICIAL DISTRICT 9th JUbICIALDISTRICT DISTRI.CT JUSTICE JUDGMENT . NOTICE OF APPEAL COMMON PLEAS No, JOOO- (p;i.Cj'1 ~ph/J;fi Jooo (-, ;d N?ti~e is given that the appella~t has filed in the .abeVe Col1rtofOo[l1mon Pleas an appeal from the judgment rendered by the District Justice on the date and '"the case mentioned below.... ..' ~~WARDLl~D IDA. STEAGER , 0 '~'f'1Tdt;, OR NAME OF D.J. ~t"1sSI{cfff(f"'S'treet., New Cumberland CITY PitATE >J.P1G:i10 DATE Of JUD'GMENT 8/221100 IN IHE-CASE'OF (P~NTlFF!A . RODIIlt:t Si :;anura Coriliilllil.n CV YEAR LTYEAR .328;.,00 '.. "VS.,' : " :,.~'~~4r..' -J.~. A,j)P?tH-'NT O. A' ~1.~..'Al;uJ. ,'~. RNEY ~~. G.EN."T i '. .\Q-i:'.~5,.-t~ HowardtEF':tf~i Ste..ger CLAIM NO. . This block.will be signed ONLY when this notation is required underPA. . . R,C.P,J.P, No. 10086. . . . ... . .., . . , . . , This notice of Appeal, when received by the District JUstice; w.illoperate as A SUPERSEDEAS to the Judgment for possessioni.n this case,. lfappe/iantl'(ii!sC/aimElnt(see PA RC'p,J.P. . NO, 1001 (6)) iflaction be/ore district Justice, he MU$J F/lEA COMPLAINT within twenty (20) . days after fililiahisNOTlCEof APPEAL. ~ignatura: O'.:PtothOnolari,9~pepl!lY, .-: ' , .. .... ...PRAECIPETO ENTER;R~\.,~T()Flt:EC()Mj:lLAlIll'rJl.NDRULEtbFILE (jhis section ofterm to be used ONLY whellappellantwasDE!;EN,DAN'r'(seePAR,C,P,J.P, No.1 001 (7) iriactibn befereDistrict Justice, IF NOT USED. ~etach from qopy at notiCe of appe"Ho beserve~ upon appellee, . PRAECIf>E:to proth()n~t~~1.D'e\ .. Enterruleupon I",'",' f\ ' Q, t,>~Y "J ':} '(1 "(,Wf' 1 , '" , ,aPPellee(s). tofi1eacol)lplaint in this appeal Nfilme: 'of appel/ee(s) (Common Pleas No. IWith. in twentY(20)daysaiter servic!, ~l(~:sr~~ffe.. r~?tr~ofJ!.td~~.\ ,e.. .nt. ~f. ~on. pros. .. . . .' .1 \...9.).Slf,> fi(J, Jz~rJl) ..J!. , , , " '.,~ ,,:.! Name of apPelleets) ('I {'.a-r. '\ ""A' ..nIl !\;Jy ,appellee(s) $ifjiiatare,Of-appe'fant or his attorney or agent RULE: To "\' ~ \ . \ '1:. '__../,,\' . \ (". (1) r ,:', ,," ,_ _' :"", .' " " :, '" ",' You areriiuiliedthata rule is hereby~ntered~ppn,yp~,to fUea compl'lintin ihisapPe'llwithintwenty(20) days aft~r the date of service of 11lis rule upon yo~ by pa,sonl3lservice .Or by certilied or registered mail. "'you do'6lil file a complaint within this time, a JUDGME;NT()F NQN.P,RQS VVILLBEENTERED AGAINST YOU IJPONP,R~6CIPE. . (2) , (J~ __'. , " (3) the da,te: of service of this rule if service was by mililis tf1edat!'OfJhemaill~9'.. . , . . ....~~o/" i.i:1 ..... ...... .f'l'()(}(j ....... ......,.... . .......~................,'1:l... tJ.1!t.... '.'. ~..lk..IL.~.. "lkJ.l.a.... Jr 1) Year tfj ./t$. '... ....., . ~ . . .. . .' . . . Signature of Prothonotary oiDeputy Date: White - 'Green - Yellow - Pink Gold Prothonotary Copy Court File Gopy . . Appelant'sCopy Appellee Copy D, J, Copy Proth, - 76 II: ' II Iii 'II lli" ,.'~,., ... ,".",,_.. " " . ...~.~.. , " . .~"" ~ -"'... ~,$MMti<"ik"'jl!",~,,", ',_'0"-'"'" ,v ~'" , ,!"(,,<,_y,"'''i~'1J,:-<< "-_,-_,,,~~(,"{';;--c/,i!;:~d't'i+i'F/',',;\:':-\,Y*Ji""t:if;;P-V[~j;'%t-\'l:j-ii:Ili!ij#~~f~""offii-'"';",~",,,,-,,~,,";i<:,,,,",,,,,>;oM~*d,,'w..,,*~~i;r1lrilfg'lfAi':'\\!~g<;;tiI>K"",,<mi',,~'f..i\'-t;II~'.~;<WIt'fI'l"""'~'""'i""'" PROOF OF SERVICE OF NOTICE OF APP.EAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing.the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~Luf~ ; 55 AFFI DAVIT: I hereby swear or affirm that I served I2Sl a copy 01 the Notic~oA;~al, Co~mon Pleas No, QOCD ,.(o;).q 7 .... . ' upon the.District Justice d. esignated therein on (elate of service) .' I", . .', ,...year rS~~. ' D.. b. Y..' ,p.er..s. ana. I service 12I.b. y.(..certified) (registered) mail, sender's re~Pt attached hereto, and upon the appeltee, (name _ ,~ .. Sri ",tire... ('1-" r n "'"'''--VI _____, on o r+' I 5,' , year dC00 , . 0 by per~onal service 'S b~ (certified) (registered) mail, send.er's repeipt attached hereto, IXI and further that I served the Rule to Fi e a Complaint accompanying the above Notice of Appeal upon ,the IlPp~,Uee(s) ;to whom the Rule was addressed on , year ~Q........., 0 by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRiBED BEFORE ME THIS 2-1"\ DAY OF ~ f= ,YEAR. Q.J , ~~~-tt: . --~-- ~~~~~ Signature of Affiant 0 0 0 C C) 01 s: '-" ....J ;:gO] r"1 ~i-n z!iJ "'0 , tJ5S;: N 'T,fTI -fi :-< ~15 [56 -0 =[l'Ti ~o :x ()3J >2 zC) ~ om ~ U1 ~ \D -< Titteofofficial My commission expires on ~ , year NOTAR~LSE!\l,. I.- REX BICl<l.EY. Notary N:ll\il HanlebUfll. DauphIn COUIl\Y MyOllillllllSSim ~~~10,2003 ~ "", ,~, . -'- -" " 1lIl&:, " SANDRA AND ROBERT CORNMAN, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2000-6294 IDA AND HOWARD STEAGER, Defendants CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by 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 notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ",i SANDRA AND ROBERT CORNMAN, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYL VANIA Vs. NO. 2000-6294 IDA AND HOWARD STEAGER, CIVIL ACTION - LAW Defendants COMPLAINT AND NOW, this /;4 Day of October, 2000, come the Plaintiffs, Sandra and Robert Cornman, by their attorney, Arthur K. Dils, Esquire, and respectfully aver the following: 1. The Plaintiffs, Sandra and Robert Cornman, are adult individuals, who currently reside at 504 Third Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendants, Ida and Howard Steagers, are adult individuals, who currently reside at 411 Reno Street, New Cumberland, Cumberland County, Pennsylvania 17070. -1- ." '~ ~' "A -.' __0 _" ~ _'" 3. In June, 1996, Plaintiffs, Commans, purchased an above ground swimming pool from Sears for the amount of $2, 1 00.00, and installed it on the premises situate at 416 Reno Street, New Cumberland, Cumberland County, Pennsylvania. 4. The Plaintiffs, Commans, were the tenants of said premises and the Defendants, Steagers, were the landlords and owners of said premises, said tenancy commenced on December 31,1983. 5. The Plaintiffs, Commans, had been in occupancy of said premises for a period of seventeen years, more or less. 6. The Plaintiffs, Commans, installed the swimming pool and had use of it for approximately four years; the pools life and use expectancy is twenty (20) years. 7. The Defendants, Steagers, instituted ejectment proceedings through the District Justice Court; the ejectment was appealed to the Court of Common Pleas of Cumberland County, which sustained the ejectment action; however, the Court of -2- L ",-, , ---'" " ,',,' .' ",,-' '''--~, ,-, , '" ~, Common Pleas action of ejectment was appealed to the Superior Court for the Middle District of Pennsylvania. 8. The Plaintiffs, Cornmans, initially requested the Court of Common Pleas to stay the ejectment proceedings, which The Honorable Edgar B. Bayley rejected, and immediately thereafter, through their appeal to the Superior Court, the Plaintiffs filed a Motion for a Stay of the Ejectment Proceedings. 9. Counsel representing the Defendants, Steagers, was notified of the request for the Superior Court's Stay ofthe lower Court's ejectment Order, notwithstanding this, the Defendants, Steagers, commenced ejectment proceedings through the auspices of a Constable. The ejectment proceedings were initiated within the time period that the Plaintiffs, Cornmans, had a right to request a stay of the ejectment with the Superior Court of the Commonwealth of Pennsylvania. 10. Counsel for the Defendants was notified by the Counsel for the Cornmans orally that no ejectment proceeding should be commenced and advanced; however, this was -3- !.-,' .,,- to, ignored even though the request for the stay of ejectment was pending before the Superior Court; and counsel for the Steagers also had written notice of the filing of the ejectment stay. 11. The Plaintiffs were ejected from their premises a day after the Superior Court had entered its Stay Order prohibiting ejectment from the premises; however, the Stay Order was communicated by the United States Mail and received the same day that the Plaintiffs, Cornmans, were physically and illegally ejected from their premises. The ejectment date was April 28, 2000. 12. The Cornmans personally notified the Constable of the Superior Court Action and request for stay. The Cornmans counsel notified the District Justice of the request for stay as well as notifYing Counsel for the Steagers; all of which was ignored and an ejectment physically occurred, notwithstanding the Superior Court's Order to stay the ejectment. 13. The swimming pool was left on the premises at the time of the ejectment because of the forcible nature of the ejectment and because of the time limitations forced upon -4- ~ -.~u, u:-..C: < ,-0-_, __~ "'< the Commans. In addition, the ejectment action was tramatic and because of the forcible removal of their personal property and because they had to secure other living accommodations, the swimming pool was not immediately removed. 14. After the illegal ej ectment, the Defendants, Steagers, padlocked the premises, and placed a No Trespassing Sign on the premises and prohibited the Plaintiffs, Commans, from entering the premises and removing the swimming pool. 15. Repeated requests were made to the attorney for the Steagers to permit the Plaintiffs, Commans to dissemble and remove the swimming pool, but those requests were rejected after at least four written communications to Attorney Peter B. Foster and when a reply was received, he indicated that the Commans had abandoned the swimming pool, which was not the case. 16. After some time, about the end of June, 2000, the Steagers removed the swimming pool from the New Cumberland property transferred it to a location where their grandson resided in Lower Paxton Township. As a result of this action, the -5- ~ .1- ';...'',' 'i;_ '-,-~_'"__,__~ ~. Plaintiffs, Cornmnas, have lost the use of their pool and in addition, the pool has been irreparably damaged. The loss of use was for four months in 2000 and subsequent four months each year until 2015. 17. The pool was damaged in that it was not professionally removed and the pool wall and liner were improperly dissembled and packed into a ball, causing cracking and rotting to the liner and bending of the wall. 18. The liner was negligently rolled into a ball and not properly folded, cleaned and powdered, which resulted in rotting and tearing and causing irreparable damage. 19. In removing the pool, the braces used to support the weight of the pool were negligently bent and are not now suitable for use. There are approximately eighteen to twenty pool braces and five were bent to such a degree that they cannot provide support. 20. Parts of the pool, such as caps for the supports were negligently discarded by the Defendants. This would create a hazard for use of the pool as the uncapped supports would cause cutting and without caps, the top railing cannot be supported. -6- ',y,> - ,,'; "-"'..; ^~~';,,:' . --!J, 21. The basic hardware to assemble the pool was discarded. Kevin Steager, acting on behalf of the Defendants, indicated he threw the hardware away and could not show it to the Plaintiffs, when they came to inspect the pool at his residence. The hardware consisted of at least two hundred nuts, bolts and screws to hold the pool together. 22. The filter of the pool has been discarded by the Defendants; its whereabouts and condition are unknown. The filter was an integral part of the swimming pool and maintained as such by the Plaintiffs. 23. The defendants negligently damaged the skimmer to the pool when they disassembled and transported it to Lower Paxton Township. The Defendants broke the seal; the seal and the above items were all working and in proper order when the Plaintiffs were illegally ejected. 24. If the Steagers had pennitted the Cornmans to remove the pool, there would have been no problem; however, they consistently rejected all requests by Plaintiffs to -7- , ~ C' "", ''# r m-j' i remove the pool and then dismantled same and transported it negligently and improperly, causing the above damages. 25. ThtSteagers were negligent in that they did not have the knowledge and expertise to remove the pool and as such, they have damaged the pool and the pool liner. They were further negligent in that they did not clean and smooth out the pool liner and utilize powder and other lubricant to prevent cracking and rotting. They also failed to secure all parts. 26. After the pool was removed by the Defendants, the Plaintiffs, Cornmans, viewed the pool at the home of the Defendants' grandson in August of2000, where the above deficiencies were noted along with the fact that the skimmer of the pool was broken; the skimmer was in proper operation prior to the ejectment of the Cornmans. 27. The Defendants were negligent in the disassembling of the pool, the packing and preparation of the pool for transport, negligent in the transport of the pool and negligent in the care and maintenance in the various assembly pieces which were either lost or damaged, all of which have resulted in the complete destruction of the -8- ~" ,';"" ;;,;,>, ' pool; it is now worthless. 28. The Plaintiffs request loss of use of the pool as well as damage and loss of the pool. 29. The pool had a life expectancy of another 16 years, which has been lost and the pool has been completely damaged. 30. The loss of use of the pool is valued at $8,000.00 and the damage to the pool after use of four years is $1,500.00. 31. Sand was used as support for the pool; the Plaintiffs paid $250.00 for the sand and the sand remains at 416 Reno Avenue, New Cumberland, Pennsylvania. 32. Plaintiff incurred costs for labor to install and assemble the pool at the rate of $20.00 per hour; it took two men eight hours one day to install and assemble the pool, for a total cost of$160.00. -9- -;.,;:~.;,.--' ~~ WHEREFORE, Plaintiffs demand judgment against the Defendants in the amount of$9,910.00, requiring arbitration referral. Respectfully submitted, BY: Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, PA. 17102 (717) 232-9724 J.D. No. 07056 -10- i,"~' . - " VERIFICATH)N "" I verify that the statements made in this C ,. v,' / C d '-r 1<< f '" ~ are true and correct. I understand that falso: stato:ments ho:ro:in aro: mado: subject to the penalties of 18 Pa. C.S. Section -1904 rdaling to unswom falsification to authorities. ~~ Date: ~ 2-6' / 2---" I ~~.- O/~dh '~,.~, ~~' '", "'-~-' J" " &_ '; ,','",:~"_ ""'",,,0,>", ,- , !iH!~"' CERTIFICATE OF SERVICE I, Arthur K. Dils, Esquire hereby certity that a true and correct copy of the within Complaint has been served upon the following individual by depositing a copy of the same in the United States Mail, First Class Mail, on the 11th day of October, 2000 to the following address: Peter B. Foster, Esquire 121 South Street Harrisburg, PA. 17101 BY: Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 07056 Date: October 11,2000 ,L ''''''''-',,", , ..~~"'-'> SANDRA AND ROBERT CORNMAN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-6294 IDA AND HOWARD STEAGER, Defendants CIVIL ACTION - LAW DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT Defendants, Howard and Ida Steager, by their attorney, Peter B. Foster, Esquire, preliminarily object to Plaintiffs's Complaint as follows: PRELIMINARY OBJECTION TO INCLUSION OF SCANDALOUS AND IMPERTINENT MATTER L Plaintiffs' Complaint alleges that Defendants wrongfully took possession of an above-ground swimming pool which they left behind after they removed themselves, as tenants, from the premises at 416 Reno Street, New Cumberland, P A., owned by Defendants. 2. Plaintiffs claim damages for the alleged loss of the pool and loss of use of the pool which is presently in the possession of Defendants. 3. Defendants claim that they, as landlords, were entitled to keep the pool under legal principles of abandonment and distraint for unpaid rent. L- - ~ " ., ""'''<=Co ~'''''''''''I&~'''o 4. In Paragraphs 7 through 14 of the Complaint Plaintiffs describes an "illegal ejectment" from the premises of Plaintiffs by Defendants. 5. The allegations in Paragraphs 7 through 14 involving a so-called "illegal ejectment" are irrelevant to this cause of action since Plaintiffs voluntarily surrendered possession of the premises to Defendants on May 8,2000. See letter from Plaintiffs' counsel dated May 8, 2000, attached as Exhibit "A". 6. The allegations set forth in Paragraphs 7 through 14 are irrelevant, immaterial and inappropriate to the cause of action asserted in Plaintiffs' Complaint against Defendants, are in violation ofthe pleading requirements ofPa. R.C.P. 1019, and, accordingly, are impertinent. WHEREFORE, Defendants request that Paragraphs 7 through 14 of Plaintiff' s Complaint be stricken. PRELIMINARY OBJECTION RAISING LEGAL SUFFICIENCY OF A PLEADING (DEMURRER) FOR FAILURE TO STATE A CLAIM PURSUANT TO PA. R. CN PROC. Hl28<a)(4) 7. Objecting Defendants incorporate by reference the averments of Paragraphs I through 6 above, as if set forth herein at length. 8. In Paragraphs 28 and 29 of the Complaint, Plaintiffs state a claim for loss of the pool and future loss of use of the pool for 16 years. 9. In Paragraph 30 of the Complaint, Plaintiffs claim damages of $8,000.00 for future loss of use of the pool. M~~ ,-~ "" <......,.__u:-,"":kc~, 10. Under the applicable case law a party cannot recover damages for future loss of use of personal property when said property has been destroyed and the Plaintiff is also suing for the loss of the property. .11. Defendants preliminary object to the complaint on the grounds that Plaintiffs cannot recover the loss of future use of personal property that has been totally damaged. WHEREFORE, Defendants respectfully request this Court to grant their preliminary objection by way of demurrer and dismiss Plaintiffs' claim for loss of future use of the swimming pool. Respectfully submitted, ~~,~ October 30, 2000 Peter B. Foster, Esquire Attorney for Defendants PINSKEY & FOSTER 121 South Street Harrisburg,PA 17101 (717) 234-9321 (717) 234-7832 ~, . ,. ^ _~r-~'-"L. ~''''',i 0~&~ ATTORNEYS AT LAW ARTHUR K. OILS DIANE M, RUPICH 1017 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102 PHONE: (717) 233-8743 FAX: (717) 233-2567 May 8, 2000 Peter B. Foster, Esquire 121 South Street Harrisburg, Pa. 1710 1 RE: Steagers V. Commans Dear Attorney Foster: Even though we feel that the ejectment was illegal and we do not by this action in this letter in any way ratify the illegal ejectment, but because the Commans were evicted from the premises and have relocated, I am authorized to turn the property over to you and your clients. This is done because the property has been entered by persons unknown and I do not want you to later file any rental claim for the period of time that the Stay Order was entered by the Superior Court for the Middle District of Pennsylvania. AIm (c:c(,'.." r Exhibit. ','A" , ...:., ~.".""'-~~'(. CERTIFICATE OF SERvrCR I hereby certify that on this date, October 30, 2000, I served a copy of the foregoing Preliminary Objections on the Plaintiffs by mailing said copy by U.S. Mail at Harrisburg, PA to counsel for Plaintiffs at the following address: Arthur K. Dills, Esquire Dils & Rupich 1017 N. Front St. Harrisburg, P A 17102 October 30, 2000 ~.~~ Peter B. Foster Attorney for Defendants ",,- '''"~~''-''';Jj''::".''''"'='i'lill~iii~~\(,\'J.~~~i~~~'',~li-'';;~1.~i>;;,;%>,j,~~,.,"""'~i",,,,~,.#.,~!i!IllI_lllIl~ ti iJ~' J il!:w:1ii , '-'-~~~'lIfliillfr: ',>"'" ~jill =,~ . ~"~~ ~:~ (") 0 0 C 0 "P ~:: ,;::) :,::\ -oce n h~21-- (liP1 ...... Z::d W ,,;,",;-;'1 zr-' -',1"-'.1 (J':J)-=: ~~~ r::;6 -0 "" ~c :x >2 ~ om ~ W ~ :0 -<. ...1 -<. >,"",'. . -, ~,~'" ' ',' , ,.. 'IIIlII l111!;i;="f"j""",{i SANDRA & ROBERT CORNMAN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYL VANIA vs. NO. 6294 Civil 2000 IDA & HOWARD STEAGER Defendant CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please satisfy and discontinue the above captioned civil action on behalf of the Plaintiffs, Sandra & Robert Cornman. Respectfully: submitted, BY ~~nd Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 J.D. No. 07056 Date: BY: ~~,~~, Peter B. Foster, Esquire 121 South Street Harrisburg, PA 17101 (717) 234-9321 J.D. No. 1c;J ~c:.l Date: ~p;-%'L*J- 71 )(:0 \ ~ /7/ J-()d( !("'~'~ "~"~~~!iljjjI~j;,j~i;iJ~~~i:i&~M~i$<i',*)l--i;iil>l~~Iffllli~i'i!fJfu;""jj;"';;"~ir-ti,jllml!l\@dl~m!ioo!l l'l("l!~'>>M ~~ ~;)l1' " .' ~~." . ~" I[DB C) rn, c: -~ ( , ~ u~? ~ rr,e- -0 1fT' -:7 -~ :::'J ~ ;.-:' r- ~~":. -.! r- ,-,' ') <- ~c-;; ~E; r:} - '-C Z ~; =< (Jl ~J -<