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WILLIAM J, ELHAJJ and
JOSEPH W, ELHAJJ, t/d/b/a
BJ REALTY INVESTMENTS,
Plaintiffs
#15
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-8474 CIVIL TERM
MATTHEW SCHULTZ,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN RE:
PRETRIAL CONFERENCE
At a pretrial conference held Wednesday, October
17, 2001, before the Honorable Edward E. Guido, Judge, present
for the Plaintiff was Joseph A. Macaluso, Esquire, and present
for the Defendant was Dale F. Shughart, Jr" Esquire.
This is a landlord-tenant dispute that will take
only one day to try. However, since Plaintiff's counsel is not
available until Thursday, November 8th, 2001, the defense may
need it to go into Friday since one of their witnesses may not
be available on Thursday.
The parties have agreed that a Benjamin Moore
executed his lease in April of 2000 for a lease term to commence
in June of 2000.
Defendant has added a witness to his pretrial
memorandum, said witness being Craig Cuello. The Plaintiff has
pointed out that the affidavit referred to in his pretrial
memorandum as an exhibit may very well be an unsworn statement,
Prospects of settlement are nil.
By
E. Guido, J.
srs
Dale F. Shughart, Jr., Esquire
Attorney for Defendant
Prothonotary
Court Administrator
Joseph A. Macaluso, Esquire
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF TH.E 9TH JUDICIAL DISTRICT
. .
OF PENNSYLVANIA . CUMBERLAND COUNTY
William J. ElhaH and
Joseph W. ElhaH, tld/b/a
BJ Realty Investments
Plaintiffs
Civil Action - I,.aw
v.
No. AD 2000-8474
Matthew Schultz,
Defendant
PLAINTIFFS' MEMORANDUM FOR PRE-TRIAL CONFERENCE
To The Honorable, The Judges of Said Court:
Plaintiffs, William J, ElhaH and Joseph W. ElhaH, tldlb/a BJ Realty Investments, by
and through their attorney, Joseph A. Macaluso, submit the following memorandum for
pre-trial conference in accordance with Pa. R. C. p, 212.3:
1. Statement of Facts
On or about December 13,1999, plaintiffs, William J. ElhaH and Joseph W. ElhaH,
tldlb/a BJ Realty Investments (hereinafter referred to as "BJ Realty"), entered into a
Residential Joint and Several Lease with defendant, Matthew Schultz, to lease certain
real estate owned by BJ Realty located at 19 North Earl Street, Shippensburg, PA
17257 (hereinafter referred to as the "Property").
The Property is used as a fraternity house and the rooms are situated on three
floors in such a way that the Property is unsuitable to be rented to any persons except
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for the fraternity members. Each fraternity member who leased the Property entered
into a separatl'l Residential Joint and Several Lease with BJ Realty. The bedrooms had
individual locks and were assigned by the fraternity membersltenants themselves. In
other words, BJ Realty had no control over who used each bedroom. In fact, the
tenants were permitted to change rooms with each other as often as they desired.
Most bedrooms were multiple occupancy. Room No, 1, selected by defendant, was
suitable for two people to use. The common areas to which all tenants had free access
and use were numerous and included two kitchens, one dining room, one large and
one double-sized living room, one half bath, one bathroom with 3 showers and a tub,
and one large bath on the second floor.
The Lease provided for a term of one year, starting at 12:01 a.m. on June 1, 2000,
and ending at 11 :59 p,m. on May 24, 2001. Defendant agreed in the Lease to pay
rental c;>f $205 per month, plus late charges if he did not pay the rent on time,
Defendant also agreed in the Lease not to sublease the Property without the written
permission of BJ Realty, as stated on pages 4 and 5 of the Lease as follows:
Page 4 -
"Assignment (or assign) is the legal term for a transfer of the lease from the
tenant to another person, A sublease is a separate lease between the tenant
and another person who leases all or a part Of the leased premises from the
tenant. This other person then becomes the landlord's new tenant and takes
over the lease.
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''Tenant agrees not to tranlilfer (assign) this lease to anyone else without the
written permission of the landlord, Tenant agrees that if tenant transfers this
lease (assigns) or leases all or.a part of the leased premises to another
(sUblease), tenant has violated this lease."
Page 5 -
"Tenant agrees to use the residence only as the personal residence oftenant
and not to assign this lease or sublet the apartment."
The Lease also provided that BJ Realty shall be entitled to recover attorneys fees in
connection with a sLlit involving violation of the Lease.
Defendant failed to make any rental payments to BJ Realty under the Lease. As of
the time of filing the complaint (December 26, 2000), defendant owed BJ Realty
$1,435.00 for rent for the period from June, 2000, through and including December,
2000, plus $594.00 for late charges, for a total amount of $2,029,00.
The reason defendant gave BJ Realty for his non-payment was that he was not
permitted by Shippensburg University to return for the school year.
At no time did defendant seek written permission from BJ Realty to sublet, and at no
time did defendant submit to BJ Realty the name and address of a prospective
sublessee, that was not a fraternity memberltenant who already arranged with BJ
Realty to lease the Property .
2. Leaal Theories of Plaintiffs
A. The Lease is enforceable and defendant is liable to BJ Realty for the rent and
other charges.
B. Defendant breached the Lease by failing to make the rent payments.
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C. Defendant failed to obtain written permission from BJ Realty to sublet, and so he
cannot avoid his liability for rent.
D. Due to the unique character of the Property, BJ Realty was unable to mitigate
damages by renting the Property to a third party (Le. non-fraternity member).
E. Defendant lacks grounds of impracticability to terminate the Lease, since it was
defendant's own actions that caused him to be unable to meet his duties and
responsibilities. Section 261d. of the Restatement (Second) of Contracts provides:
"d, Impracticability. ," If the event that prevents the obligor's performance is
caused by the obligee, it will ordinarily amount to a breach by the latter and the
situation will be governed by the rules stated in Chapter 10, without regard to
this Section. See Illustrations 4-7 to 9 237, If the event is due to the fault ofthe
obligor himself, this Section does not apply.
The Pennsylvania Superior Court explained the application of Section 261 in the case
Luber V. Luber, 418 Pa. Superior Ct. 542, 549 (1992), as follows:
"The theory of legal impossibility or impracticability is based on an objective
standard and will not apply if a performance rem~ins practicable and is merely
beyond a particular party's capacity to render it."
The Superior Court stated further that "(u)nder the existing law of this Commonwealth,
a party generally assumes the risk of his own inability to perform his contractual
duties," Id, In Luber, the Court held that a husband who could not meet his obligations
for financing a marital settlement agreement, could not avoid same on the basis of legal
impossibility or impracticability, since it was his own financial circumstances that
prevented him from doing so. Likewise, in the case sub judice, defendant's own actions
kept him from attending college, and not the acts of BJ Realty.
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3. Leaallssues
The legal issues in this case are as follows:
A. That the Lease is enforceable against defendant;
B. That defendant breached the Lease by non-payment of rent;
C. That defendant lacked grounds to terminate the Lease;
D, That defendant did not obtain written permission from BJ Realty to sublet and so
he cannot avoid the Lease.
4, Stipulations
It is believed that defendant could reasonably be expected to stipulate to
the following facts:
A. The authenticity of the Lease Agreement dated December 13, 1999;
B. the non-existence of written permission from BJ Realty to sublet.
5, Exhibits
A. the Lease Agreement dated December 13, 1999;
B. affidavit by Michael Brown (for potential use as impeachment);
C. BJ Realty's list of tenants and rent receipt records;
D. All pleadings and exhibits attached thereto, filed in this case
6. Exoert Witnesses
None known at present
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7, Hvoothetical Questions
None known at present
8. Witnesses
On direct-examination:
William J, Elhan, 508 North Earl Street, Shippensburg, PA 17257
Joseph W. Elhajj, 508 North Earl Street, Shippensburg, PA 17257
Michael Brown, 1722 Clearview Road, Copley, PA 18031
On cross-examination:
Matthew Schultz, 11 Lexington Drive, Shrewsbury, PA 17361
Any witnesses named by defendant in his pre-trial memorandum
9. Estimated Lenath of Trial
One-half day to one day.
Respectfully Submitted,
Dated: October 12, 2001
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IN THE COURT OF COMMON PL.EAS OF THE 9TH JUDICIAL. DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
William J. Elhajj and
Joseph W. Elhajj, t1dlb/a
BJ Realty Investments
Plaintiffs
Civil Action. Law
v,
No, AD 2000.8474
Matthew Schultz,
Defendant
CERTIFICATE OF SERVICE
I hereby certify that on October 12, 2001, I caused to be served a true and correct
copy of the plaintiffs' memorandum for pre-trial conference by first class mail, postage
prepaid, addressed to the following individual: Dale F, Shughart, Jr., Esq., 35 East
High St.. Suite 203, Carlisle, PA 17013.
I further certify that the statements made herein are true and correct, and I
understand that if any false statement$ were made herein, the same would be
subject to the penalties of 18 Pa. C, S. Section 4904, relating to unsworn
falsification to authorities.
Dated: October 12, 2001
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WILLIAM J. ELHAJJ AND JOSEPH W.
ELHAJJ, t/d/b/a BJ REALTY
INVESTMENTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
No. 00-8474 CIVIL
v.
CIVIL ACTION - LAW
MATTHEW SCHULTZ,
Defendant
JURY TRIAL DEMANDED
PRETRIAL MEMORANDUM
I. STATEMENT OF BASIC FACTS AS TO LIABILITY.
On December 13, 1999, Defendant Matthew Schultz, entered a
Lease Agreement with Plaintiffs Elhajjs to occupy an apartment in
a residential building at 19 North Earl Street, Shippensburg, PA.
The Lease, although failing to identify a specific apartment,
related to Room No. 1 which was then occupied by Defendant under
a prior lease, The new Lease was to become effective June 1,
2000. The middle of January, 2000, Defendant was suspended by
the University for poor academic performance. Shortly thereafter
Schultz advised Elhajjs.that he was suspended and leaving school
and therefore was cancelling the Lease for the forthcoming year.
Elhajjs told him he. could not cancel, but he could find a
replacement tenant. Schultz found a replacement tenant, Benjamin
Moore, who signed a lease in April 2000. He took possession of
Apartment No. 1 prior to June 1 on a verbal Sublease from
Schultz. Moore continued to occupy Apartment No.1 and paid rent
from June 2000 throughout the one (1) year term. Schultz paid
the rent through May 2000 under his prior lease,
Schultz's alternative theories of defense are:
a. That he lawfully cancelled the Lease Agreement by
notifying the landlords of the same five (5) months prior to the
purported commencement of the Lease.
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b. That he lawfully terminated his obligations under
the Lease Agreement by securing Benjamin Moore as a new tenant to
occupy Schultz's apartment, Room No.1, effective June 1, 2000,
which did in fact occur.
c. That the landlords were obligated as a matter of
law to mitigate their damages by finding a replacement tenant and
reasonably could and should have done so in the five (5) months
before the commencement of the Lease,
II. A STATEMENT OF BASIC FACTS AS TO DAMAGES.
The Lease provided for a monthly rent of Two Hundred Five
($205.00) Dollars per month. The landlords are claiming rent for
seven (7) months, June through December 2000, in the total amount
of One Thousand Four Hundred Thirty-five ($1,435.00) Dollars.
The landlords also claim late charges of Five Hundred Ninety-four
($594,00) Dollars and attorney's fees. Under the terms of the
Lease Agreement payment of attorney's fees is discretionary, not
mandatory, and becomes an issue for the jury. Schultz contends
that the late charge of Three ($3.00) Dollars a day or Ninety
($90.00) Dollars a month, continuing in perpetuity, is an illegal
penalty which is unenforceable and further constitutes usury
which is likewise unenforceable.
III. STATEMENT OF PRINCIPAL ISSUES OF LIABILITY AND DAMAGES.
The principal issues of liability will be whether Benjamin
Moore became a "new tenant" under the Lease, occupying Schultz's
apartment during the term of the Lease thereby relieving him of
his obligations under the Lease; and alternatively whether by
notifying the landlords approximately five (5) months prior to
the inception of the Lease that he was suspended from school,
that under all of the circumstances, operated as a valid
cancellation in that it afforded the landlords sufficient time to
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mitigate their damages by securing a replacement tenant.
If liability is established, Schultz agrees he owes One
Thousand Four Hundred thirty-five ($1,435) Dollars to landlords.
The issue regarding damages, under the facts of this case, are
whether late charges and/or attorney fees can or may reasonably
be imposed upon that obligation.
IV. SUMMARY OF LEGAL ISSUES REGARDING ADMISSIBILITY OF
TESTIMONY, EXHIBITS, OR ANY OTHER MATTER, AND LEGAL
AUTHORITIES RELIED UPON.
Defendant Schultz does not believe there are any unusual
legal issues,
V. LIST OF EXHIBITS WITH PROOF OF IDENTIFICATION OF EACH.
1. Lease of Matthew Schultz dated December 13, 1999,
VI. WITNESSES TO BE CALLED.
1, Matthew Schultz,
2, Benjamin Moore,
3, One or more students who signed the Lease with Schultz
in December to confirm Moore did not become affiliated with them
and did not sign the Lease until after January 2000. will be
identified at pretrial conference,
VII. THE CURRENT STATUS OF SETTLEMENT NEGOTIATIONS.
The settlement negotiations terminated prior to the Decision
of the Board of Arbitrators in favor of the Def nt, Matthew
Schultz, and have not been res ed. ~
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Dale.F. Shughar
Supreme Court I D. 1
35 East High Street, 203
Carlisle, PA 17013
(717) 241-4311
Attorney for Defendant
Matthew Schultz
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WILLIAM J. ELHAJJ AND JOSEPH W.
ELHAJJ, t/d/b/a BJ REALTY
INVESTMENTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
No. 00-8474 CIVIL
v.
CIVIL ACTION - LAW
MATTHEW SCHULTZ,
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 12th day of October, 2001, I, Dale F. Shughart,
Jr" attorney for Defendant, hereby certify that I have served a
copy of the Pretrial Memorandum, by mailing a copy of the same by
United States mail, postage prepaid, addressed as follows:
Joseph A, Macaluso, Esquire
614 Rowe Run Loop
Shippensburg, PA 17257
Attorney for Plaintiffs,
William J, and Joseph W. Elhajj
203
(717) 241-4311
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WILLIAM J. ELHAJJ AND JOSEPH W.,
ELHAJJ, t1d/b/a BJ REALTY INVESTMENTS,
Plaintiffs
v.
MATTHEW SCHULTZ,
Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-8474
ARBITRATION
NOTICE OF ARBITRATION HEARING
NOTICE is hereby given that the Arbitrators appointed by the Court to hear and decide the above
matter will hold a hearing for the purpose of their appointment on Wednesday, July 18, 2001, at 1:.30 P.M., in
the offices of Johnson, Duffie, Stewart & Weidner, 301 Market Street, Le oyne, Pennsylvania.
May 31,2001
TO: Dale F. Shughart, Jr., Esquire
35 East High Streeet, Suite 203
Carlisle, PA 17013
Attorney for Plaintiffs
Joseph A. Macaluso, Esquire
9614 Rowe Run Loop
Shippensburg, PA 17257
Attorney for Defendant
Jason P. Kutulakis, Esquire
Aborn & Kutulakis
8 South Hanover Street, Suite 204
Carlisle, PA 17013
Arbitrator
Elyse E. Rogers, Esquire
Keefer Wood Allen & Rahal, LLP
415 Fallowfield Road, Suite 102
Carnp Hill, PA 17011-4906
Arbitrator
Prothonotary, Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
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WILLIAM J. ELHAJJ AND JOSEPH W.
ELHAJJ, t/d/b/a BJ REALTY
INVESTMENTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
No. 00-8474 CIVIL
v,
CIVIL ACTION - LAW
MATTHEW SCHULTZ,
Defendant
Rule 1312.1, The Petition for Appointment of Arbitrators shall be
substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Dale F. Shughart, Jr., Esquire, counsel for the Defendant in
the above action, respectfully represents that:
1. The above captioned action is at issue,
2. The claim of the plaintiff in the action is $2,409.
The counterclaim of the defendant in the action is $-0-.
The following attorneys are interested in the case
are otherwise disqualified to sit as arbitrators:
Davis, Esquire, Harold S. Irwin, III, Esquire,
as counselor
Hamilton C,
Respectfu~ submitted,
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Dale F. Shughart, Jr.
OF COURT
AND
in consideration of the
Esquire,
Esquire,
Esquire,
above-captioned action as
By the Court,
and
are appointed
prayed for.
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IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA " CUMBERLAND COUNTY
William J. Elhali and
Joseph W. Elhali, tldlb/a
BJ Realty Investments
Plaintiffs
Civil Action - Law
v.
No(~000-8474
Matthew Schultz,
Defendant
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 an 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 QY 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
TELEPHONE: (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA . CUMBERLAND COUNTY
William J. Elhajj and
Joseph W, Elhajj, tJdlbla
BJ Realty Investments
Plaintiffs
Civil Action - Law
v.
No. AD 2000-8474
Matthew Schultz,
Defendant
COMPLAINT
Plaintiffs, William J. Elhajj and Joseph W, Elhajj, tJd/b/a BJ Realty Investments, by
and through their attorney, Joseph A Macaluso, by way of Complaint, complain of
defendant, Matthew Schultz, and for a cauSe of action allege:
1. Plaintiffs are sui juris adults who own and operate a business located at 508
North Earl Street, Shippensburg, PA 17257, the purpose of which is to hold, maintain
and lease real estate.
2. Plaintiffs own certain rental real estate located at 19 North Earl Street,
Shippensburg, PA 17257 (hereinafter referred to as the "Property").
3. Defendant, Matthew Schultz, is a sui juris adult who resides at 11 Lexington
drive, Shrewsbury, PA 17361,
4. On or about December 13,1999, plaintiffs entered into a Residential Joint and
Several Lease with defendant for him to lease part of the Property, which the parties
executed at the Property. A true and correct copy of the lease is attached hereto as
Exhibit A
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5, The Lease provides 011 page one that the term is for one year:
"The lease term is the length oftime the lease agreement is valid. This lease
agreement starts at 12:01 a.m, on June 1, 2000.
"The lease ends at 11:59 p.rn. on May 24,2001,"
6. Defendant agreed to pay rent in the amount of $205 per month as set forth on
page one of the Lease, as follows:
"Tenant shall pay to landlord as rent for the leased premises for the initial term
hereofthe total sum of Two Thousand Four Hundred Sixty Dollars ($2,460)
payable in advance without set off, deductions or demand, in equlill monthly
installments of Two-Hundred Five Dollars ($205) payable on or before the first
day of each month.
"Tenant agrees to pay the monthly rent in advance on or before the first day of
each month, Tenant agrees to pay the las~ month's rent NOT LATER THAN 15
March 2000 Landlord does not have to make demand upon tenant to pay the
rent. Tenant agrees to pay rent by first class mail postage prepaid or in person
to landlord at the place speCified by landlord.
7. Defendant agreed to pay late charges in the amount of $3,00 per day as set forth
on page one of the Lease, as follows:
"Each tenant agrees to pay a late charge of Three Dollars ($3.00) per day if
tenant does not pay the rent on time. If tenant mails the rent to landlord, the date
of payment will be the date the letter is postmarked."
8. Defendant agreed not to sublease the Property without the written permission of
plaintiffs, as stated on page 4 of the Lease as follows:
"Assignment (or assign) is the legal term for a transfer of the lease from the
tenant to another person, A sublease is a separate lease between the tenant
and another person who leases air or a part of the leased premises from the
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tenant, This other person then becomes the landlord's new tenant and takes
over the lease.
"Tenant agrees not to transfer (assign) this lease to anyone else without the
written permission of the landlord, l' enant agrees that if tenant transfers this
lease (assigns) or leases all or a part of the leased premises to another
(sublease), tenant has violated this lease,"
Defendant agreed further not to assign the Lease or sublease the Property on page 5
of the Lease as follows:
"Tenant agrees to use the residence only as the personal residence of tenant
and not to assign this lease or sublet the apartment."
9. Defendant has failed to make any rental payments to plaintiffs under the Lease.
10. As of December 26, 2000, defendant owes plaintiffs a total amount of $2,029,00
for rent and late charges comprising $1,435,00 for rent and $594,00 for late charges
calculated thus:
June,2000
July, 2000
August, 2000
September, 2000
October, 2000
November, 2000
December, 2000
Rent
$205.00
$205,00
$205,00
$205.00
$205,00
$205.00
$205,00
$1,435.00
41te Charaes
$57,00
$93.00
$93.00
$90.00
$93.00
$90.00
$7,8,00
$594,00
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11. Defenliant agreed that plaintiffs shall be entitled to recover attorneys fees in
connection with a suit involving violation of the Lease, as set forth on page 9 of the
Lease:
''Tenant agrees that landlord may receive reasonable attorneys fees as part of a
court judgment in a lawsuit against tenant for violation of the agreements of the
lease."
12. Defendant has violated the Lease by failing to pay rent, and plaintiffs have
incurred the following costs due to the defendant's violation of the Lease: $380,00 for
attorneys fees to attend two hearings before District Justice Harold E. Bender (Mag.
Dist. No, 09-3-01). In addition, plaintiffs continue to incur attorneys fees in connection
with the present case, Defendant is required to pay plaintiffs for the attorneys fees.
WHEREFORE, plaintiffs demand judgment in their favor and against defendant for
monetary damages for rent and late charges in the amount of $2,029,00, plus $380,00
for attorneys fees, together with any additional attorneys fees and court costs incurred
by plaintiffs in connection with the within action, and late charges which continue to
accrue, which is less than the jurisdictional amount requiring arbitration referral by local
rule.
Respectfully Submitted,
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VERIFICATION
We, William J, E1hajj and Joseph W. ElhaB, verify that the statements made in the
foregoing Complaint are true and accurate to the best of our personal knowledge,
information and belief. We understand that our lItatements are made subject to the
penalties of 16 Pa, 0,$. Section 4904, relating to unsworn falsification to authorities.
1:~'~ Dated: J2/~~/oc)
William J
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RESIDENTIAL JOINT AND SEVERAL LEASE
This is a residential lease. It is a legally binding contract between the landlord and each tenant.
Each tenant should read this lease carefully.
This residential lease contains waivers of your rights as a tenant. Each tenant should not sign this
lease until each tenant understands all of the agreements in this lease.
This is a joint and severa1lease, This means that all the tenants as a group and each of the tenants
as an individual are responsible to landlord for all of the agreements of this lease. For example, if
the rent is not paid, landlord can sue all of the tenants Gointly) for any unpaid rent or, the landlord
can bring a suit against any one tenant separately (severally) for all of the unpaid rent.
NAMES OF LANDLORD AND TENANTS
Name of the landlord:
The Landlord and/or property manager (hereafter referred to as Landlord) for the property in this
lease agreement is:
BJ Realty,
508 North Earl Street,
Shippensburg, Pennsylvania
Names of the tenants (hereafter referred to as Tenant):
1. MA'IT.HEW J. SCHULTZ
2.
3.
4.
5.
6.
LEASE19EOOOl SCHU,M, l.doc
Page 1 of 10
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LEASED PREMISES
The leased premi"",. is the place that the landlord agrees to lease to the tenant and the tenants
agree to lease from the landlord. The leased premises is:
19 North Earl Street, Shippensburg, Pennsylvania, 17257
LEASE TERM
The lease term is the length of time the lease agreement is valid, This lease agreement starts at
12:01 a.m. on June 1, 2000.
The lease ends at 11:59 p.m. on May 24, 2001.
RENT
Tenant shall pay to landlord as rent for the leased premises for the initial term hereof the total sum
of Two Thousand Four Hundred Sixty Dollars ($2,460) payable in advance without set oft;
deductions or demand, in equal monthly installments of Two-Hundred Five DoUars ($205)
payable on or before the first day of each month,
Tenant agrees to pay the monthly rent in advance on or before the first day of each month.
Tenant agrees to pay the last month's rent NOT LATER THAN 15 March 2000 Landlord does
not have to make demand upon tenant to pay the rent. Tenant agrees to pay rent by first class
mail postage prepaid or in person to landlord at the place specified by landlord.
Each tenant agrees to pay a late charge of Three Dollars ($3.00) per day if tenant does not pay the
rent on time, If tenant mails the rent to landlord, the date of payment will be the date the letter is
postmarked.
Tenant further agrees to pay Twenty Five Dollars ($25,00) dollars for returned checks for MY
reason. If any check is returned to landlord for insufficient funds or other reasons, late charges
will continue until rent is actually paid by tenant.
SECURITY DEPOSIT
Tenant shall, upon the execution hereof; pay to the lessor and shall keep on deposit with lessor
the sum of Two- Hundred-Five Dollars ($205) as a security deposit for the payment of damages
to the leased premises, default in rent, or any other charges owed to the landlord by the tenant.
Landlord can take money from the security deposit to pay for any damages caused by tenant,
tenant's family and tenant's guests, If all keys issued to tenant are not returned at the end of this
lease, landlord can take money from the security deposit to cover the cost of a lock change,
Landlord may take the security deposit to pay for any unpaid rent or any unpaid bill owed to
landlord by tenant.
LEASE19EOOOl SCHU.M.l.doc
Page 2 of 10
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After taking out for namllges, lock changes, unpaid rent and any other debt owed to landlord,
landlord agrees to send to tenant any security deposit money left over. Landlord will send the
remaining security deposit money to tenant no later than 45 days after the lease ends and tenant
leaves. . Landlord also agrees to send to tenant a written list of damages and amounts of money
taken from the security deposit.
Tenant agrees to provide the landlord with a written forwarding address when tenant leaves and
the lease ends, Failure of tenant to provide the landlord with a new address within 30 days after
the lease ends and tenant leaves, shall relieve the landlord of any responsibility to return the
security deposit
Tenant may not use the security deposit as payment of the last month's rent, any rental payment,
or charges occurring from utility expenses,
LANDLORD'S DUTY AT THE START OF THE LEASE
Landlord agrees to give tenant possession of the leased premises on the starting date of the lease.
The lease will start even if landlord cannot give tenant possession of the leased premises because
the prior tenant is still in the leased premises or if the leased premises is damaged. If landlord
cannot give tenant possession, tenant does not have to pay rent until the day landlord gives
possession of the leased premises to tenant
DAMAGE TO LEASED PREMISES
Tenant agrees to notify landlord immediately if the leased premises is damaged by fire or any
other cause, Tenant agrees to notify landlord if there is any condition in the leased premises that
could damllge the leased premises or harm tenant or others, If tenant cannot live in the whole
leased premises because it is damaged or destroyed by forces of nature, tenant may:
1) live in the undamaged part of the leased premises and pay less rent until the leased premises
is repaired, or
2) end the lease and leave the leased premises.
Tenant agrees that if the leased premises is damaged or destroyed and tenant ends the lease,
landlord has no further responsibility to tenant.
INSURANCE
Landlord agrees to have insurance on the building where the leased premises is located. Tenant's
own property is not insured by landlord's insurance. Tenant is responsible for tenant's own
property that is located in the leased premises.
LEASE19E0001SCHU.M.1.doc
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ASSIGNMENTS OR SUBLEASES BY TENANT
Assignment (or assign) is the legal term for a transfer of the lease from " the tenant to another
person. A sublease is a separate lease between the tenant and another person who leases all or a
part of the leased premises from the tenant. This other person then becomes the landlord's new
tenant and takes over the lease,
Tenant agrees not to transfer (assign) this lease to anyone else without the written permission of
the JandJord. Tenant agrees that if tenant transfers this lease (assigns) or leases all or a part of the
leased premises to another (sublease), tenant has violated this lease.
RESPONSmlLITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE
The JandJord sbaJJ not be liable for any injury or damage to any person or to any property at any
time on said premises or building from any cause whatever which may arise from the use or
condition of said premises or building or from ice thereon, or from water, rain or snow which may
leak into, issue or flow from any part of said building, or from the pipes or plumbing of the same,
or from any place, or from any other cause, during the tenn or any renewal of this lease. Tenant
agrees to indemnifY and hold landlord harmless from and against all liability, damage, loss, costs
and expenses, including attorney's fees, occasioned by tenant's breach of any of the covenants,
terms or conditions of this lease, or caused by tenant, his family or guests.
Tenant is responsible for all damage to the leased premises and injury to people caused by tenant,
tenant's family or guests. Tenant agrees that landlord is not responsible to tenant, tenant's family
or guests for damage or injury caused by water, snow or ice that comes on the leased premises.
USE OF LEASED PREMISES
Tenant agrees to use the leased premises only as a residence, Tenant agrees to obey all federal,
state and local laws and regulations when using the leased premises. Tenant agrees not to store
any flammable, hazardous, or toxic chemicals or substances in or around the leased premises.
Tenant agrees to use the residence only as the personal residence of tenant and not to assign this
lease or sublet the apartment. Tenant agrees not to alter or make additions to the residence, its
painting or its fixtures and appliances without landlord's written consent. Tenant agrees not to do
or to permit any act or practice injurious to the building, which may be unreasonably disturbing to
other neighbors, or which may affect the insurance on the building.
Tenant agrees not to do any activities in or around the leased premises which could harm anyone
or damage any property.
LEASE19EOOO 1 SCHU-M.l.doc
Page 4 of 10
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Tenant agrees that tenant will not allow anyone other than the individuals specified in this lease
agreement to occupy the leased premises without the written permission of landlord, Tenant sball
have a right to invite to the leased premises, for a reasonable period of time (not to exceed
THREE days without the written consent of landlord) guests, family, or visitors so long as
his/her obligations as a tenant under this lease are observed,
RULES AND REGULATIONS
Tenant agrees to obey all rules and regulations for the leased premises. If tenant violates any rules
or regulations for the leased premises, tenant violates this lease.
1. Tenants leased premises is supplied with a heat source as part of the lease. If the heat source
fails or there is not enough heat, tenant shall notify landlord, Tenant agrees not to use kerosene
heaters or electric space heaters or any other portable heaters without the prior written consent of
landlord.
2. Tenant will not make any alterations of the leased premises without the prior written consent
of the landlord.
3 . Tenants agree that waterbeds or any other liquid filled furniture are not pennitted in the leased
premises.
4, Tenant shall not disable the smoke detectors or other fire warning or fire protections devices,
Tenant shall notifY landlord if a smoke detector or fire warning or protection device is not in
working order,
5. Tenant sball pay a service charge of twenty five dollars ($25.00) ifa check given to pay rent is
returned for insufficient funds or other cause within the control of the tenant,
6. Tenant agrees that tenant will not keep any pets on the leased premises unless a pet agreement
is included as an addendum to this lease agreement. Tenant agrees that tenant will not allow
tenant's guests or others to have or bring pets on to the leased premises.
7. Tenants agree not to install any air conditioners in the leased premises without the prior
written consent of the landlord.
8, Landlord agrees to ensure that the fuel oil tank is completely filled prior to the date of
occupancy, Tenants agree to have a montWy recurring fill agreement with a reputable fuel oil
company, assuming the leased property has an oil fired heating system. Tenants agree the fuel oil
tank will be completely filled at the termination of this lease agreement and a receipt as proof will
be furnished to the landlord. Any damage occurring from the lack of fuel oil to the furnace or
premises in general will be the responsibility of the tenant If tenant fails to comply with this
paragraph in any way, landlord may fill oil tank and charge it to tenant
9. Tenant agrees to have continuous electric, water, and gas service to the premises for the full
term of the lease. Failure to do so authorizes landlord to procure the service and charge it to the
tenant
LEASEI9EOOOISCHU.M, I.doc
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10. Tenant agrees there will be no parties held on the leased premises.
I L Tenant agrees that this lease does not confer any rights on resident to use for any purpose any
of the property of the owner other than the interior of the apartmentlhouse hereby leased, except
the walks and roadways giving access thereto and such other areas, if any, as owner or agent may
from time to time designate for the use of residents, When the use by resident of any other
portion of owner's or agent's property is pennitted, it shall be subject to the rules and regulations
established by owner or agent,
12. Tenant agrees that this lease does not confer any rights for residents to use the basement for
any use wbat-so-ever.
13. Tenant agrees that the attic may not be used and will be locked.
14. Tenant agrees that tenant may not park in front of the garage or allow anybody else to
park there AT ANY TIME otherwise the vehicle WILL BE TICKETED AND TOWED AT
OWNERS EXPENSE.
LANDLORD'S RIGHT TO MORTGAGE THE LEASED PREMISES
Subordinate and subordination are legal terms that mean that this lease does not have any effect
upon the rights of the landlord's mortgage company. In other words, tenants rights under this
lease are subordinate to landlord's mortgage company. If landlord does not make the mortgage
payments, the mortgage company may have the right to end the landlord's ownership of the leased
premises. If the mortgage company sells the leased premises at a mortgage foreclosure sale, the
lease may end.
Tenant agrees that landlord has the right to mortgage the leased premises. If landlord has a
mortgage on the leased premises now, or if landlord gets a mortgage in the future, tenant agrees
that this lease is subordinate to the landlord's mortgage.
CARE OF LEASED PREMISES
Tenant is responsible for, and will take good care of; the leased premises and all of the property in
and around the leased premises. Tenant agrees to pay for any damage caused by tenant, tenant's
family and tenant's guests. Tenant agrees to turn over possession of the leased premises to
landlord when the lease ends.
Tenant agrees to use due care in the use of the apartment and all other parts of landlord's
property, to give notice to landlord of the need for repairs. Tenant agrees to pay for all repairs,
including extraordinary cleaning, to the apartment, its contents, and to all other parts of landlord's
property which are required by any lack of care or negligence on the part of tenant, members of
his family, or his visitors,
Tenant agrees to maintain property inside and outside to be clean and neat at all times.
Specifically, all garbage and debris must be picked up and disposed. of in proper receptacles.
Failure to do so authorizes landlord to procure a cleaning service which will be charged to the
tenant
LEASE19EOOO 1 SCHU.M, l.doc
Page 6 of 10
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Tenants agree that all appliances are for tenants convenience only and tenants are responsible for
the first $50 of repairs. If tenant chooses not to pay the $50, landlord may remove the appliance
and not replace it. Landlord retains the option whether or not to replace any refiigerator, washer,
dryer, stove or dehumidifier which is found to be beyond repair. Landlord will make necessary
repairs to the apartment within a reasonable time after tenant notifies landlord of the need for
repairs, At the tennination of the tenant's occupancy, tenant agrees to completely clean the
premises or reimburse landlord for the cost of a commercial cleaning service. This sum may be
deducted from the security deposit.
LANDLORD'S RIGHT TO ENTER LEASED PREMISES
Landlord and tenant agree that, landlord and landlord's representatives, after having provided 24
hours notice, have the right to enter the leased premises at reasonable times, or in the case of
emergencies or parties, without notice. Landlord and landlord's representatives have the right to
inspect, to make repairs, to do maintenance, and to show the leased premises to others.
UTILITY SERVICES
Landlord and tenant agree to pay for the charges for utilities and services supplied to the leased
premises as follows:
ChaNe or Service:
Electric to Premises
Fuel Oil-Heating
Hot Water-Domestic
Lawn Maintenance
NaturaIGas
Snow/LeafRemovaI
Television Cable
Sewer Service
Trash Service
Water Service
Pest Control Charges
Paid Bv:
Tenant
Tenant
Tenant
Tenant
Tenant
Tenant
Tenant
Tenant
Tenant
Tenant
Landlord
Payment Method:
Direct to Provider
Direct to Provider
Direct to Provider
N/A
Direct to Provider
N/A
Direct to Provider
Reimburse Landlord
Reimburse Landlord
Reimburse Landlord
N/A
All reimbursable expenses for utility services must be paid to landlord within 10 days of written
notice from landlord to tenant.
Electricity, gas, water, and sewer services must be supplied continuously for entire lease period
with costs borne by tenants. Oil tanks used for heating fuel in oil furnaces will be maintained
above one-fourth full at all times, Iflandlord upon inspection, finds tank less than one-fourth full,
landlord may order fuel to fill tank at tenant's expense.
Tenant agrees that landlord shall have the right to temporarily stop utility service, in the event of
an accident affecting the same or to facilitate repairs, maintenance or alterations made to the
premises or elsewhere on landlord's property.
LEASE19EOOOl SCHU-M-l.doc
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GOVERNMENTAL POWER OF EMINENT DOMAIN
Eminent domain is the legal name for the right of a government such as the state or county or city
to take private property for public use. The government must pay fair compensation to anyone
who has any right in the property that is taken by the government.
If all or any part of the leased premises (or the building within which the leased premises is
located) is taken by eminent domain, this lease will end automatically, Landlord and tenant agree
to release each other from any responsibility because leased premises taken by eminent domain
and the lease has ended.
VIOLATIONS OF THIS LEASE
When either landlord or tenant does not do something that they have agreed to do, it is a violation
of this lease. If tenant violates this lease, tenant may lose tenant's security deposit. If tenant
violates this lease, landlord also can sue tenant for other expenses and may sue to evict tenant,
Tenant violates this lease if tenant:
1. Fails to pay rent or other charges to landlord on time or,
2. Leaves (abandons) the leased premises without the landlord's permission before the end of the
lease or,
3. Does not leave the leased premises at the end of the lease or,
4. Does not do all of the things that tenant agreed to do in this lease,
If tenant violates the lease, each tenant agrees to waive notice to quit. This means that the
landlord may file a complaint in court asking for an order evicting each tenant from the leased
premises without giving each tenant notice to quit first. Landlord does not have the right to
throw tenant out of the leased premises (self-help eviction). The landlord can only evict tenant by
court action.
The landlord has the right to sue in court a tenant or tenants for eviction when they have violated
the agreements in this lease, Even though each tenant is waiving notice to quit, each tenant will
have a chance in court to challenge the landlord's claim for eviction.
If tenant violates the lease agreement, the landlord may sue each tenant in court:
1. To collect overdue rent, late charges and money damages caused by tenant's violation of the
agreements in the lease.
2. To recover possession of the leased premises (eviction)
LEASE19EOOO 1 SCHU.M.1.doc
Page 8 of 10
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3. To collect for unpaid rent until the end of the lease or until another person takes possession of
the leased premises as a new tenant.
Tenant agrees that landlord may receive reasonable attorneys fees as part of a court judgment in a
lawsuit against tenant for violation of the agreements of the lease.
OTHER AGREEMENTS BETWEEN LANDLORD AND TENANT
1. The tenant acknowledges that he has personally inspected the apartment and has found its
condition to be habitable and acceptable.
2. The tenant acknowledges thilt he has read and understands the provisions of this lease and
r...alhes his rights both to consult with an attorney of his choosing concerning this lease and to
propose amendments and additions to this lease.
3. The tenant expressly waives the benefit of all acts of assembly requiring any period of notice to
vacate the premises upon termination of this lease and agrees to vacate the premises immediately
upon the termination of this lease by whatever cause.
4. This lease contains the entire agreement between the parties, and it may be changed only as
provided herein or by a writing signed by all parties.
5. Tenant shall keep the carpet clean.
6. Tenant shall put no holes in, or tape on, or writing on wood trim and/or walls.
7. Tenant shall provide secure garbage containers and shall put out garbage for collection on the
days and in the places designated by landlord.
8. No part of landlord's property shall be used for the storage of automobiles or any other items.
9. No pets are allowed without an amendment to this lease.
10. Tenant acknowledges that no kerosene or other heaters employing combustible or
inflammable liquids or gasses will be used on the premises.
LEASE19E0001 SCHU,M.1.doc
Page 9 of 10
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11. Tenants agree to have a monthly recurring fill agreement with a reputable fuel oil company,
assuming the leased property has an oil fired heating system. Tenants agree the fuel oil tank will
be completely filled at the termination of this lease agreement and a receipt as proof will be
furnished to the landlord. Any damage occurring from the lack of fuel oil to the furnace or
premises in general will be the responsibility of the tenant.
12. If parking is available it is for tenants convenience only and is not guaranteed.
13. By signing this lease agreement each tenant agrees that the tenant has read and understands
all of the agreements in this lease,
Signed by: landlord:
Signed by tenant(s):
1.
1a. Parent
2.
2a. Parent
3.
3a. Parent
4.
4a. Parent
5.
5a. Parent
6.
6a. Parent
LEASE19E0001 SCHU.M.1.doc
Page 10 of 10
Date:
Date:
Date:
Date:
Date:
Date:
Date:
Date:
Date:
Date:
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WILLIAM J. ELHAJJ and JOSEPH
ELHAJJ, t/d/b/a BJ REALTY
INVESTMENTS,
Plaintiffs
v.
MATTHEW SCHULTZ,
Defendant
To the plaintiffs:
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W.: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8474 CIVIL
CIVIL ACTION - LAW
NOTICE
Your are hereby notified to plead to the enclosed Answer with
New Matter within twenty (20) days from service thereof or a
default judgment may be entered against you.
By:
203
Attorney for Defendant
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WILLIAM J. ELHAJJ and JOSEPH
ELHAJJ, t/d/b/a BJ REALTY
INVESTMENTS,
W.: IN THE COUR T OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO. 00-8474 CIVIL
v.
CIVIL ACTION - LAW
MATTHEW SCHULTZ,
Defendant
ANSWER WITH NEW MATTER
AND NOW COMES the Defendant, Matthew Schultz, by and through his
attorney, Dale F, Shughart, Jr., Esquire, and files this Answer
with New Matter and in support thereof avers the following:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted in part, denied in part. It is admitted only
that Plaintiffs and Defendant entered into a lease agreement on
December 13, 1999 and that a copy of the agreement is attached to
Plaintiffs' complaint. The remaining allegations of paragraph 5
are denied on the grounds that the lease document, being in
writing, speaks for itself. Further, it is denied that the lease
is enforceable or controlling in this matter for reasons set
forth more fully in Defendant's New Matter below, the averments
of which are incorporated herein by reference.
6. Admitted in part, denied in part. It is admitted only
that Plaintiffs and Defendant entered into a lease agreement on
December 13, 1999 and that a copy of the agreement is attached to
Plaintiffs' complaint. The remaining allegations of paragraph 6
are denied on the grounds that the lease document, being in
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writing, speaks for itself. Further, it is denied that the lease
is enforceable or controlling in this matter for reasons set
forth more fully in Defendant's New Matter below, the averments
of which are incorporated herein by reference.
7. Admitted in part, denied in part. It is admitted only
that Plaintiffs and Defendant entered into a lease agreement on
December 13, 1999 and that a copy of the agreement is attached to
Plaintiffs' complaint. The remaining allegations of paragraph 7
are denied on the grounds that the lease document, being in
writing, speaks for itself. Further, it is denied that the lease
is enforceable or controlling in this matter for reasons set
forth more fully in Defendant's New Matter below, the averments
of which are incorporated herein by reference.
8. Admitted in part, denied in part. It is admitted only
that Plaintiffs and Defendant entered into a lease agreement on
December 13, 1999 and that a copy of the agreement is attached to
Plaintiffs' complaint, The remaining allegations of paragraph 8
are denied on the grounds that the lease document, being in
writing, speaks for itself. Further, it is denied that the lease
is enforceable or controlling in this matter for reasons set
forth more fully in Defendant's New Matter below, the averments
of which are incorporated herein by reference,
9. Admitted. By way of further response, Defendant
incorporates by reference, the averments of his New Matter.
10. Denied. Defendant is not is obligated to Plaintiffs for
any sum of money, By way of further Answer, Defendant
incorporates by reference the averments of his New Matter.
11. Denied, Defendant did not breach the
lease, Therefore Plaintiffs are not entitled to attorney fees,
By way of further answer, Defendant incorporates by reference the
averments of his New Matter.
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12, Denied. Defendant did not breach the lease, Therefore,
Plaintiffs are not entitled to attorney's fees. By way of
further answer! Defendant incorporates by reference the averments
of his New Matter.
WHEREFORE! Defendant prays your Honorable Court to enter
judgment in favor of Defendant and against the Plaintiffs.
NEW MATTER
13, Defendant incorporates by reference paragraphs 1 through
12 of his Answer.
14. On December 13, 1999, Defendant executed a lease
agreement with Plaintiffs to occupy an apartment in an apartment
building located at 19 North Earl Street, Shippensburg,
Pennsylvania, 17257. Although the lease fails to identify the
specific apartment leased to Defendant, Defendant already
occupied room #1. The Lease Agreement therefore clearly applied
to Defendant's apartment, room #1,
15. At the time of the signing of the lease, all
rooms/apartments within the apartment house were keyed
individually with each tenant receiving a key to his individual
apartment,
16. At the signing of this lease with Plaintiffs, Defendant
already occupied room #1 and possessed the key thereto,
Therefore, the lease extended the exclusive right of Defendant to
occupy room #1 under the terms of the new lease agreement,
17. On or about January 15, 2000, Defendant was notified by
Shippensburg university, where he was a student, that due to poor
academic performance, he was being place on indefinite
suspension.
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18. Defendant notified Plaintiffs that he would not be
returning to school for the spring semester, requested that a
replacement tenant be located to fill his vacancy for the
remainder of the current term, and advised Plaintiffs that he was
canceling the lease for the forthcoming school year.
19, Upon notification that he could not return to the
University Defendant vacated the apartment but, in the absence of
a replacement tenant at that time, made all payments under his
prior lease with Plaintiffs through May of 2000, at which time it
expired,
20, On or about April, 2000, Plaintiffs signed a lease for
the 2000-2001 term with another Shippensburg University student,
Benjamin Moore, who took possession of Room # 1, the same room
that Defendant leased from Plaintiffs. Defendant delivered the
key to Room #1 to the new tenant, with Plaintiffs' knowledge,
21. Mr. Moore occupied room #1 of Plaintiffs' apartment
building from June of 2000 through December of 2000, the same
months for which Plaintiffs claim Defendant owes them rent.
22, To the best of Defendant's information and belief,
Mr. Moore continues to occupy room #1 of Plaintiffs' property.
23. Defendant was entitled as a matter of law to terminate
the new lease agreement in January 2000, almost 5 months before
the inception of the lease, and therefore the Defendant's
obligation under the lease termination upon such notice,
24. The first paragraph of the lease of December, 13, 1999
expressly provides the following remedy for tenant violations:
"3, To collect for unpaid rent until the end of the lease or
until another person takes possession of the leased premises as a
new tenant." (Emphasis added), Upon Plaintiffs' leasing of room
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#1 to Mr. Moore to the exclusion of Defendant, Defendant's
obligation to Plaintiffs under the lease of December 13, 1999
terminated. The termination was prior to the conception of the
lease between Defendant and Plaintiffs.
25. When Mr. Moore took possession of room # 1 on June 1,
2000, under the terms of the lease, Defendant's obligation to pay
rent to Plaintiffs terminated.
26. In the alternative, in the event of a determination that
Mr, Moore did not replace Defendant as lessee, Defendant avers
that Plaintiffs had a substantial opportunity to mitigate damages
by finding a replacement tenant and failed to do so. It is
contrary to law and/or public policy to allow Plaintiffs to
collect rent under these circumstances.
27. Enforcement of the lease agreement of December 13, 1999
under the facts of this case would be unconscionable as a matter
law and/or of public policy.
28. Plaintiffs claim a late payment charge of $3.00 a day on
past due monthly rent. Such a late charge amounts to interest in
excess of 6% and as such is usurious and illegal and
unenforceable as against Defendant.
29. As a result of the usurious nature of the penalty
imposed by Plaintiffs under 41 P,S. ~501, Defendant has no
obligation to pay Plaintiffs any late charge,
30, Such a late charge is a "penalty" in the nature of a
forfeiture and as such is illegal and unenforceable against
Defendant as a matter of law and/or public policy,
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WHEREFORE, Defendant,
Court to enter judgment in
Dated: ~ Y; 2()O!
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Matthew Schultz, prays Your Honorable
his favor and against Plaintiffs.
j)~f
Dale F. S ug art, r, Esquire
Supreme Court ID No, 19373h
SHUGHART LAW OFFICE
35 East High Street, Suite 203
Carlisle, PA 17013
(717) 241-4311
Attorney for Defendant
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VERIFICATION
I, Matthew Schultz, the Defendant in this matter, hereby verify
that the facts set forth in the foregoing Answer with New Matter
are true and correct to the best of my knowledge, information and
belief, and I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn
falsifications.
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Matthew Schultz tI
DATE: lVlptcH 1J0 ')f)() 1
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WILLIAM J. ELHAJJ AND JOSEPH W.
ELHAJJ, t/d/b/a BJ REALTY
INVESTMENTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
No. 00-8474 CIVIL
v,
CIVIL ACTION - LAW
MATTHEW SCHULTZ,
Defendant
CERTIFICATE OF SERVICE
AND NOW, this 6th day of April, 2001, I, Dale F, Shughart,
Jr., attorney for Defendant, hereby certifies that I have served a
copy of Answer with New Matter by mailing a copy of the same by
United States mail, postage prepaid, addressed as follows:
Joseph A, Macaluso, Esquire
614 Rowe Run Loop
Shippensburg, PA 17257
Attorney for Plaintiffs,
William J. and Joseph W. Elhajj
Dale F. Shug r, Jr. !
Supreme Court I.D. # 19373
35 East High Street, Suite 203
Carlisle, PA 17013
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(717) 241-4311
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IN THE COURT OF COMMON PLEAS Or: THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
William J, Elhall and
Joseph W. Elhan, tld/b/a
BJ Realty Investments
Plaintiffs
Civil Action - law
v.
No. AD 2000-8474
Matthew Schul~,
Defendant
REPLY TO NEW MATTER
Plaintiffs, William J. ElMan and Joseph W. Elhan, tld/b/a BJ Realty Investments, by
and through their attorney, Joseph A. Macaluso, hereby reply to the new matter of
defendant, Matthew Schultz, as follows:
13. Plaintiffs repeat and reallege the allegations of Paragraphs 1 through 12
inclusive of the complaint as though the same were set forth in fJxtenso.
14. Plaintiffs admit in part and deny in part the allegations contained in Paragraph
14 of the new matter, Plaintiffs admit that they entered into the Residen.tial Joint and
Several Lease (the "Lease") with defendant on or about December 13, 1999, a true and
correct copy whereof is attached to the complaint as Exhibit A. However, it is
specifically denied that defendant leased an "apartment" or that he leased "room no, 1"
as alleged, To the contrary, plaintiffs leased the subject real estate as a fraternity
house to the defendant and other fraternity members. Plaintiffs had nothing to do with
which rooms were occupied by each tenant. Plaintiffs intended, and the Lease states
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on its face, that defendant leased the real estate known as "19 North Earl Street,
Shippensburg, PA 17257" (the "Property"). The Lease is for the entire Property,
including all common areas, Defendant was free to use whichever bedroom or
bedrooms he chose as he agreed with his fraternity brothers, and he was not limited to
one bedroom, nor was he limited to using the same bedroom at all times. Furthermore,
.
defendant is jointly and severally liable to plaintiffs under the Lease,
15. Plaintiffs admit in part and deny In part the allegations contained in Paragraph
15 of the new matter. Plaintiffs admit that the bedrooms in the Property had locks and
keys, However, it is sPecifically denied that plaintiffs dictated which key was given to
each tenant. It is also specifically denied that defendant leased an "apartment" or that
he leased "room no. 1" as alleged, and plaintiffs repeat their answer to Paragraph 14
above as as though the same were set forth in extenso.
16. After reasonable investigation, plaintiffs lack sufficient knowledge or
information to form a belief as to the allegations contained in Paragraph 16 of the
new matter pertaining to which bedroom was occupied by defendant and which key was
in the possession of defendant. Further answering, it is specifically denied that
defendant leased an "apartment" or that he leased "room no. 1" as alleged, and
plaintiffs repeat their answer to Paragraph 15 above as as though set forth in extenso.
17. After reasonable investigation, plaintiffs lack sufficient knowledge or
information to form a belief as to the allegations contained in Paragraph 17 of the
new matter.
.
18. It is specifically denied that defendant asked plaintiffs to "replace" him as a
tenant or that he "cancelled" the Lease. To the contrary, the Property is not
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marketable to a non-member of the fraternity, and it would be impraotical and even
impossible for plaintiffs to lease any part of the Property to a non-member of the
fraternity, Moreover, there were no grounds for cancellation of the Lease. Further
answering. plaintiffs deny they knew defendant ever left the Property, or that they were
notified defendant would not be returning to the Property. In fact, plaintiffs saw
defendant on the Property from time to time during the Lease term, and so they had no
reason to inquire about this.
19. After reasonable investigation. plaintiffs lack sufficient knowledge or
information to form a belief as to the allegations contained in Paragraph 19 regarding
whether the University notified defendant he could not return, and regarding whether
defendant vacated the Property. Further answering, it is specifically denied that the
Lease expired in May, 2000 - rather, Paragraph 5 of the Lease provides on page one
that thj;l term is for one year from June 1 , 2000, to May 24, 2001, as follows:
"The lease term is the length of time the lease agreement is valid, This lease
agreement starts at 12:01 a.m. on June 1, 2000.
"The lease ends at 11:59 p.m. on May 24,2001."
Plaintiffs admit defendant paid rent through May, 2000.
20, Plaintiffs admit in part and deny in part the allegations contained in Paragraph
20 of the new matter. Plaintiffs admit that Benjamin Moore was a tenant. However, it is
specifically denied that Benjamin Moore replaced defendant as a tenant. Further
answering, most bedrooms in the Property, including bedroom no. 1, accommodate at
least two persons. It is specifically denied that defendant gave his room key to
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Benjamin Moore with plaintiffs' knowledge or approval. Plaintiffs would not have
approved of such an arrangement, and plaintiffs repeat their answer to Paragr~ph 18
above as though the same were set forth in extenso.
21, After reasonable investigation, plaintiffs lack sufficient knowledge or
information to form a belief as to the allegations contained in Paragraph 21 regarding
which bedroom Moore occupied, Furthermore, plaintiffs did not lease an "apartment" to
defendant but they leased the Property to defendant, and plaintiffs repeat their answer
to Paragraph 14 above as as though the same were set forth in extenso. Also,
plaintiffs did not replace defendant as a tenant, and plaintiffs repeat their answer to
Paragraph 18 above as as though the same were set forth in extenso,
22. After reasonable investigation, plaintiffs lack sufficient knowledge or
information to form a belief as to the allegations contained in Paragraph 22.
23. The allegations of Paragraph 23 contain legal suppositions to which
no response is required. To the extent that a response is requirf;!d, plaintiffs deny
that any grounds existed for defendant to terminate the Lease. Under Pennsylvania
law, defendant assumed the risk of his own inability to perform the Lease, as set forth
in Luber v. Luber, 418 Pa, Superior Court 542 (1992), If the event that prevents an
obligor to perforl'l') a contract is caused by the obligor himself, then impracticality is not
grounds for termination of the contract, according to Restatement of the Law 2d,
Contracts, Section 261 d.
24. The allegations of Paragraph 24 contain legal suppositions to which
no response is required, To the extent that a response is required, plaintiffs deny
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that any grounds existed fot defendant to terminate the Lease, and plaintiffs repeat
their answer to Paragraph 23 above as as though the same were set forth in extenso.
Further answering, plaintiffs deny that defendant was replaced as a tenant, and
plaintiffs repeat their answer to Paragraph 18 above as as though the same were set
forth in extenso,
25, The allegations of Paragraph 25 contain legal suppositions to which
no response is required. To the extent that a response is required, plaintiffs deny
that defendant's obligation to pay rent under the Lease was terminated, and plaintiffs
repeat their answer to Paragraph 23 above as thol!gh the same were set forth in
extenso, Further answering, plaintiffs deny that defendant was replaced as a tenant,
and plaintiffs repeat their answer to Paragraph 18 above as as though the same were
set forth in extenso.
26. The allegations of Paragraph 26 contain legal suppositions to which
no response is required. To the extent that a response is required, plaintiffs deny
that they were able to mitigate damages. Due to the unique use of the Property as a
fraternity house, the Property is not marketable to a non-member of the fraternity, and it
would be impractical and even impossible for plaintiffs to lease any part of the Property
to a non-member ofthe fraternity. Therefore, plaintiffs deny that public pOlicy bars their
recovery.
27. The allegations of Paragraph 27 contain legal suppositions to which
no response is required, To the extent that a response is required, plaintiffs deny
that enforcement of the Ll*lse is unconscionable or against public policy.
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28. The allegations of Paragraph 28 contain legal suppositions to which
no response is required, To the extent that a response is required, plaintiffs deny
that enforcement of the Lease is unconscionable or against public policy. To the
contrary, the Lease is fully enforceable. No grounds existed for defendant to
terminate or avoid the Lease, and plaintiffs repeat their answer to Paragraph 23 above
as as though the same were set forth in extenso.
29. The allegations of Paragraph 29 contain legal suppositions to which
no response is required. To the extent that a response is required, plaintiffs deny
that the late charges are usurious. To the contrary, the Lease is fully enforceable
according to its terms.
30, The allegations of Paragraph 30 contain legal suppositions to which
no response is req\lired. To the extent that a response is required, plaintiffs deny
that enforcement of the late charges under the Lease is unconscionable or against
public policy. To the contrary, the Lease is fully enforceable. No grounds existed for
defendant to terminate or avoid the Lease, and plaintiffs repeat their am~wer to
Paragraph 23 above as as though the same were set forth in extenso.
WHEREFORE, plaintiffs respectfully request YOl,lr Honorable Court to grant the
relief requested in the complaint
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VERIFICAnON
We further certify that the statements made In the foregoing reply to new matter are
true and correct. and we understand that if any false statements were macle herein, the
same would be aubjeGtto the penlilties of 18 Pa. C. S. Section 4llO4, relating to
ul'I8wom falsification to authorities.
DatecI: April 12... 2001
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CERTIFICATE OF SERVICE
I hereby certify that on April 2(3, 2001, J caused to be served a true and correct copy
of the plaintiffs' reply to new matter by first class mail, postage prepaid, addressed to
the following individual: John J. Baranski, Jr., Esq., 35 East High St. - Suite 203,
Carlisle, PA 17013,
I further certify that the statements made herein are true and correct, and I
understand that if any false statements were made herein, the same would be
subject to the penalties of 18 Pa, C, S, Section 4904, relating to unsworn
falsification to authorities.
Dated: April 26, 2001
Joseph A. Macaluso
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
'w
JUDICIAL PISTRICT
DISTRICT JUSTICE JUDGMENT
COMMONPLEASNo. ;).c>OO -~1L{ c.."'f1"
NOTICE OF APPEAL A-c.- 7. ~~
Notice is given thai the appellant has filed in the above Caurt af Cammon Pleas an appeal from the judgment rendered by the District Justice on the
dale and in the case mentioned belQw.
NAME OF APPELlANT
Matthew Schultz
MAG. DISI NQ OR NAME OF 0.J.
09-3-01
ADDRESS OF APPELLANT
11 Winston Drive
DATE OF.M:lGMENT I~ THE CASe OF (Plaintiff)
CITY
STAre
ZP CODE
Shrews bur
FA
17 6
(Defendant)
11/7/00
ClAIM NO.
Elhajj, Joseph and
M
CV 12 0000185-00
LT 19
This black will be signed ONLY 'when this notation is required under Po. R.cPJ.P. No.
10088.
This Notice of Appeal, whsn received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case
Signature of Prothonotary or Deputy
If appellant was CLAIMANT (see Pa. R.CP.JP. No.
1001(6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. 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 Prothanotary
Enter rule upon
Joseph and
William Elhaii
Name of appelJee(sJ
e"/v; I
,appellee(s), to file a complaint in this appeal
(Common Pleas No.
;;loaD - f{1{71/
RULE: To Joseph and William Elhajj
Name of appeflf*J(sJ
, appellee(s).
(1) Yau are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dale of
service of this rule upon you by personal service or by certified or regislered mail
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU,
(3) The dale of service of this rule if service was by mail is the dale of mailing.
Date:J;}- 7-00 x-. ..ekUT tlYJ. ~a 0<fXJ/Y
AOPC 312-84
COURT FILE TO BE FILED WITH PROTHONOTARY
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PI~OOF I:')F SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of s",vice MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice at appeal, Check applioabie boxes)
COIllMONWE~LTH 01' PENNSYLVANIA
COUNTY OF, . ; S$
AFFIDAVIT: 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 s~rviCe) 0 i'y personal service 0 by (certified) (registered) mail, sender's
, receipt atlached herelo, and upon the appellee, (name) , on
. , 19__ [J by personal service 0 by (certitied) (registered) mail, sender's receipt attached hereto,
o and further that I served tM Rule to File a Complaint accompanying the above Notice ot Appeal upon theappellee(s) to whom
the Ruie was addressed on ,19~ 0 by personal service by (certified) (registered)
mail, :sEmder'B receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS _~_,_. DAY OF
, 19____
Signature of affiant
Signature of official before whom affidavit was meda
Title of offioial
My cOmmi3Si(ln'expires or
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COMMONWEALTH OF PENNSyL(~ JlA
COUNTY OF: CUMBBRLAND
Mag. Dis!. No.;
09-3-01
OJ Name: Hon.
HAROLD B. BENDBR
Add..,", 81 WALNUT BOTTOM ROAD
P.O. BOX 361
SHIPPBNSBURG, PA
T",phOO' (717) 532-7676 17257-0361
ATTORNEY DEF PRIVATB :
JOHN J. BARANSKI JR,BSQ
35 B.HIGH ST
SUITB 203
CARLISLE, PA 17013
THIS IS TO NOTIFY YOU THAT:
Judgment: ' ..
[i] Judgment was entered for: (Name)
[i] Judgment was entered against: (Name)
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NOTICE OF( JDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDAESS
'ELHAJJ, JOSBPH& WILLIAM -,
508 NORTH EARL ST.
SHIPPBNSBURG, PA 17257
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DEFENDANT: NAME and ADDRESS
'sCHULTZ, MATTHEW
11 LEXINGTON DRIVE
SHREWSBURY, PA 17361
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Docket No.: cv- 0000185 - 00
Date Filed: 8/09/00
FOR PLAINTTFF
RT.R"II.T.T .Tnl'lRPR"A:. WTT.T.TIIM
in the amount of $
? 110; 0;0 on:
l'IC'.mTT.'I''7., MlI.'l'TR"RW
11/07/00
. .
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
o
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Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
Levy is stayed for
days or 0 generally stayed.
Objection to levy has been filed and hearing will be held:
(Date of Judgment)
(Date & Time)
Amount of Judgment $ 2.060.00
Judgment Costs $ 55.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 2.115.50
Post Judgment Credits :I>
Post Judgment Costs $
------------
------------
Certified Judgment Total $
Date:
Place:
II
-
Time:
,--
.
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARYtCLEf!K OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUSTlNCLUDE A COPY OF THIS NOTICE OF JUDGMENTiTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
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Lcertify thatthis is a true and correct-copy of the record of the proceedings containing the judgment:
Date
.
, District Justice
My commission expires first Monday of January,
AOPC 315.99
2006
'SEAL
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE 'M~AIf'
(This prool 01 service MUST BE FILED WITHIN TEN (10) DA YS AFTER tiling the notice 01 appeal, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNT\' OF
; 58
AFFIDAVIT: ! hereby swear or affirm thai I served
-
'f/J a copy of th, e Notice ,i7peal' Common Pleas No. JIJX)- m 5 ,upon the District Justice designated therein on
(date of service) ( ,/()O , 0 by personal service "'fj! by (certified) (registered) mail. sender's
receipt attac,hed hereto, and upon the appellee, (name) .Io<.et'h... W,\h,o\AI'- CLHA TT ,on
I ~ / 7 J '0 D ,IB 0 by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto.
'j4 and furtherthatl served the Rule WFile a om laintaccompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on I ,~O 0 by personal service-g] by (certified) (registered)
mail, sender's receipt attached hereto. ..- ~~>' --~-~
SWORN (:"F.F~D) AND SUBSCRIBED, , B,EF, ORE ME ~'-7 /~ ~/ , ~/
THIS /~ DAY OF .' !"1'11 r;) ~_,_
)o.Q{T ~ ~ r -, Signa of affiant
s~r. 01 olUcial before ~om 8flidavit was mede
Tit/a of official
My commission expires on
,19--
NOTARIAL S::Al
DALE F SHUGHART, JR., Notary Public
Carlisle Boro, Cumberland c~.. PA
My Commission Expir.s J~n. S. 2001
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. ,.., ' .', " ". 'NOTlCtOFAPP'EAL
COMMONWEALTH OF PENNSYLVANIA
COURT elF COMMON PLEAS
FROM
JUII)ICIAL DISTR,ICT
DISTRICT JUSTICEJUD~MENT
COMMONPLEASNo.!).dOO -f:~I'1'71 ,~,'vl'l
NO"'IC;~Of AP~EALA.i;.. 7. 0{(10:')
Notice is given that 'the, appel~nt has filed in the above Caurt of Commo,n Pleas an appeal from the Judgment rendered by the Distri~ Justice on the
date and in the case _,mane,l-below.
.
~ Of APPELLANT
MatthewSC!h1Jltz
ADDRESS Of APPEUANT
11 Winston Drive
DATE OF JOOGMENT IN THE CASE OF (Plaintiff)
OfY
Shrewsburg
I M;4G. DI~. N':' 01\ NAME Of DJ.
O~,-J-01
STATE
ZI'COOE
PA
(Defendant)
17361
11/7/00
QAIM NO.
Elhajj" ,Joseph and William y; Schultz, '0 ___"~"-"
SIGNATURE OF APPEL~NL' HIS ATTOR~ r
0000185..00 ' I' /....~ >" /"
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This black will be sig"edONLY when this noldtion is required under Po. R.c.P.JP. No. If'ClPPfJllant was CLAIMANT (see Pa.R.GP.JP. No.
10088. .. ,.. .
This ,Notice, of Appeal, when received by the District Justice, willopera~ as, a 1001 (6) In actIon before Dlstflct Justice, he MUST
SUPERSED,EAS to the judgment for possession in this case FILE A COMPLAINT within' twenty (20) days after
filing his NOTICE of APPEAL.
Signature 01 Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
. ,
(This sectibnof.form ro be "sed ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P., No. 1001(7) in action before District J"stice.
IF NOT USliD,defaq;h kom copy of notice of appeal to be served "pan appellee).
PRAECIPE: To Prcthonbldry
Enjerrule upon
. ,Joseph and
William, Elhal i
Name of appeliee(s)
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) within twenty (20) days affer service
.//
RULE: To Jos.eph and William Elhajj
Name of appel/fre(s)
, appellee(s).
,appellee(s), Idfile Q complaint in this appeal
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(Cammon'PIeas No. '-i,;?(X)O - 8' '-/7 'if
(1) You are .notilied that a rule is hereby entered upon yau 10 file a complaint in this appeal within twenty (20) days afler the dale of
service of this rule upon yau by personal service or by certified or registered mail
(2) If you do noli file 0 complaint within this time, a JUDGMENT Of NON PROS WILL BE ENTERED AGAINST YOU.
Date: I ri- 7- oeJ._X_.
I
(3) The date of service of this rule, if service was by mail is the dale of mailing.
::f~zar/Ii/.'~'~ ' ~.
, ~ . FI6thonotary or CJ$ny
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COURT FILiE
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In The Court of Comm9n Pleas of
Cumberland County, Pennsylvania
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OATH
We do solemnly swear (or affirm) that we will support, obey and defend
the Constitution of the United States and the Consti~t~on of this Common-
wealth and that we will discharge the duties of our of ith fidelity.
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,AWARD
(or
We, the undersig!J.E\d ;a,rbit!:iC'?J:is, \t!>,>ving been duly appointed and sworn
affirmed), make the folloWing award: .
(Note: If damages .for del!>,>y a~e awarded, they shall be
separately stated.) .". \ '
'In ~a.vor 6-LJ2efe",d~ ko.~+h~"", Sc.hlLl.J-z.
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So S 12.[>'" \,J. E Lhadj , + J cJ II> / a- B 0 T? ~a [1.,
I~ves~t'v'\t>. eft c.~ pll...1~~ OLOV1 (usfc:.
Arbitrator, dissents. (Insert name if
applicable. )
Date of Award:
i/J~ IOf
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Date of Hearing:
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NOTICE OF ENTRY OF All
Now, the/May of . ).... {, / , 1:iI~\1, at.l.J:.fl...., .B...~1., the above
award was entered upon the ~ and notice thereof given by mail to the
parties or their attorneys.
Arbitrators' compensation to be
paid upon appeal:
$ ,..J90.00
By:
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IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
William J. Elhajj and
Joseph W. Elhajj,tldlb/a
BJ Realty Investments
Plaintiffs
Civil Action - Law
v.
No. AD 2000-8474
Matthew Schultz,
Defendant
NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS
TO THE PROTHONOTARY:
Notice is hereby given that plaintiffs, William J. Elhajj and Joseph W. Elhajj, tld/b/a BJ
Realty Investments, appeal from the award of the board of arbitrators entered in this
case on July 18, 2001. A trial is demanded (a jury trial is waived).
I hereby certify that the compensation of the arbitrators has been paid.
Dated: f-IS- -0/
Jo eph A. Macaluso
S re~ Court I.D. No. 38262
9 4 Rowe Run Loop
ippensburg, PA 17257
Attorney for Plaintiffs, William J. Elhajj and
Joseph W. Elhajj, tld/b/a BJ Realty Investments
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WILLIAM J. ELHAJJ AND JOSEPH W.
ELHAJJ, t/d/b/a BJ REALTY
INVESTMENTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
No. 00-8474 CIVIL
v.
CIVIL ACTION - LAW
MATTHEW SCHULTZ,
Defendant
JURY TRIAL DEMANDED
DEMAND FOR JURY TRIAL
TO THE PROTHONOTARY:
Pursuant to Pa.R.C,P, 1007.1(b) the Defendant above captioned,
Matthew Schultz, hereby demands a jury trial in the appeal from the
Award of the Board of Arbitrators in the above matter,
e F. Shug art J
Supreme Court I,D.
35 East High Street, 203
Carlisle, PA 17013
(717) 241-4311
Attorney for Defendant,
Matthew Schultz
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
ro THE PIDrHONJTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one)
(X ) for JURY trial at the next term of civil court.
for trial without a jury.
-----------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
(check one)
WILLIAM J. ELHAJJ AND
JOSEPH W. ELHAJJ, t/d/b/a
BJ REALTY INVESTMENTS
Civil Action - Law
( X ) lIppeal from Arbitration
(other)
( Plaintiff)
vs.
MATTHEW SCHULTZ
The trial list will be called on
and October 9, 2001
Trials corrmence on November 5, 2001
(Defendant)
Pretrials will be held on October 17, 20 1
(Briefs are due 5 days before pretrials. )
vs.
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No. 8474
Civil
m 2000
Indicate the attorney who will try case for the party who files this praecipe:
Dale F. Shughart, Jr.
Indicate trial counsel for other parties if known:
Joseph A. Macaluso
This case is ready for trial.
Signed: ~;;?
)
.
Print Name: Dale F. Shughart. Jr.
Date:
8/17/01
Attorney for: Defendant, Matthew Schultz
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WILLIAM J. ELHAJJ AND JOSEPH W,
ELHAJJ, t/d/b/a BJ REALTY
INVESTMENTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
No, 00-8474 CIVIL
v.
CIVIL ACTION - LAW
MATTHEW SCHULTZ,
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 17th day of August, 2001, I, Dale F. Shughart,
Jr., attorney for Defendant, hereby certifies that I have served a
certified copy of the Demand for Jury Trial and Praecipe listing
the case, by mailin~ a copy of the same by United States mail,
postage prepaid, addressed as follows:
Joseph A. Macaluso, Esquire
614 Rowe Run Loop
Shippensburg, PA 17257
Attorney for Plaintiffs,
William J. and Joseph W. Elhajj
~
Dale Shug
Supreme Cour
35 East High
Carlisle, PA
203
(717) 241-4311
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FROM : MACALUSO
FAX NO. : 7175324832
Oct. 09 2001 09:53AM Pi
^
.
JOSEPHA. MACALUSO
ATTORNEY AT LAW
9614 ROWE RUN LOOP
SHIPPENSBURG. PA 17257
(717) 532-4832
t=AX TRANSMISSION
October 9, 2001
To: The Honorable George E. Hoffer, P. J. @ Fax # 240-6462
Re: William J. ElhaH and Joseph W. Ethan. tldlb/a BJ Realty Investments
v. Matthew Schultz
Civil No. 8474- 2000
MEMORANDUM:
1 page to follow
NOTICE: THIS TRANSMISSION CONTAINS INFORMATION THAT IS CONFIDENTIAL OR
PRMI.EGFn AND IS INTENDED TO BE DEOLIVERED TO THE INDIVIDUAL NAMED ADOVE.
DISSEMINATION TO Am OTHFR PERSON IS UNAUTHORIZEO. IF YOU HAV,," RECEIVED
THIS TRANSMISSION IN ERROR PLEASE CONTACT THE SENOEOR AND ARRANGEMENTS
WILL Be MADE FOR RETURN OF SAME.
cc: Dale F. Shughart, Jr., Esq. (via fax @ 241-4021)
William J. Elhajj and Joseph W. ElhaJ/
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FROM : MACALUSO
FAX NO, : 7175324832
Oct. 09 2001 09:54AM P2
e
Joseph A. MclCdl\1S0
Attorney at Law
9IS 14 Row<:: Run ~QOP . Shippen.bu'g, ""''''lOylv,"i. 17257
Admitted to Practice in
~11I=-vlvdlli.., N~ h:'f~try, dflU NItW York
(717) 5324832
.October 9,2001
Via Telefax 240-
(l"(
The Honorable George E. Hoffer, P. J.
Cumberiand CoUnty Court House
One Publi(:;
Ca'
.
William J. Ethajj and Joseph W. Elhajj, t1dlb/a BJ Realty Investmentl:l
v. Matthew Schultz
Civil No. 8474- 2000
This will confirm my telephone discussion this morning with Your Honor's secretary,
Sandy, regarding the above-refel"8nced case. Thie caee was listed for tri$1
by Dale F. Shughart, Jr., Esq., counsel for defendant. No discovery has been
conducted in this case. However, my clients and I are ready for trial. I understand that
the pre-trial conference Will be October 17, and pre-trial memoranda must be filed on
October 12. .
I understand further that the Court will accept this written confirmation of the
information set forth in Rule 213-2 of the Cumberland County Rulee of Procedure,
in lieu of attendance at the call of the trial list. i thank the Court for this indulgence.
Dale F. Shughart, Jr., I:sq. (via fax @ 241-4021)
William J. ElhaJj and Joseph W. ElhaD
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15
William l Elhajj and Joseph W. Elhajj t/d/b/a/ BJ
Realty Investments
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
V
Matthew Schultz
: NO. 00-8474 CIVIL TERM
ORDER OF COURT
AND NOW, November 28,2001, upon relation ofthe Court Administrator that
this case Cailllot be reached this trial term due to the number of cases on the trial list, IT IS
HEREBY ORDERED AND DIRECTED that tlris case be continued until the January trial term.
The Prothonotary is directed to relist this case for the January trial term. Counsel are notified that
they need not attend the Call of the List and no additional Pretrial Conference will be scheduled
unless requested by either party, This case will be given preference and placed at the head of the
list.
By the Court,
~h A. Maeahtso, Esqtrirc & (rui.W1~
For the Plaintiff -, 0/\
1:2.-1./-01 S
Dale F. Shughart, Jr., Esquire R
For the Defendant
Court Administrator
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IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA . CUMBERLAND COUNTY
William J. Elhajj and
Joseph W. Elhajj, tJd/b/a
SJ Realty Investments
Plaintiffs
Civil Action - Law
v.
No. AD 2000-8474
Matthew Schultz,
Defendant
PRAECIPE
TO: Cumberland County Prothonotary
Please discontinue the above-captioned action with prejudice, this matter having
been settled between the parties.
Respectfully submitted,
Dated: :;;;L-q.-o?-
Jos ph PI, Macaluso, Esq.
Att mey for Plaintiff
reme Court 1.0, # 38262
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