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Home My WebLink About99-06215 .,r fY lu r max:{s ?? f r' Cn to ' a x n t r n 3 ',6 yv i ? e°'vt 'r s• ? M low, 1 e " 3 { vj/ , r i'e F i ? ' x t } f A f Ip? S b 4 C?4 K'A Y ? ? ?l . , t yb ?f S !d} ? la C , . x ? 1 'S y 1 1 S ? A i t yy J y t (r ? L M }?? 4 C:y c, • w __' Vee l' v 1 a J :t VIOLET L. ROSENBERRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MELVA RICHCREEK and NO. 99-6215 CIVIL HOMER S. RICHCREEK Defendants CIVIL ACTION - LAW AND NOW, this 20 day of JANUARY, 2000, a pretrial conference in the above-captioned matter is SCHEDULED for Wednesday, February 9, 2000, at 8:45 a.m. in Chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. TRIAL in the matter is SCHEDULED for Friday, February 18, 2000, at 9:00 a.m. in Courtroom # 5. By the C cc: Robert P. Kline, Esquire Nora F. Blair, Esquire Stephen K. Portko, Esquire Edward E. Guido, J. ?'Zo 0m?a?u1. RNS Assistant Court Administrator Taryn Dixon GO J" Ill 20 PH 3' L5 CUA4di_nu:;0 COUNTY PENNSYLVANA VIOLET L. ROSENBERRY, formerly: IN THE COURT OF COMMON PLEAS, known as Violet L. Richcreek : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. : NO. 09-6215 MELVA RICHCREEK and HOMER: CIVIL ACTION - LAW IN EJECTMENT S. RICHCREEK, III, Defendant ANSWER TO NEW MATTER AND NOW comes Melva Richcreek by and through her attorney, Nora F. Blair, Esquire, tiles this Answer To New Matter, and in support thereof avers as follows: 21. Denied. The statement in this paragraph sets forth no allegations of fact and is therefore denied. Further it is denied that it is necessary to add Melva Richcreek as an additional Defendant as she is already a Defendant in this action. 22. Denied. It is specifically denied that Melva Richcreek is solely liable to Plaintiff. To the contrary, if there is any liability on the part of Defendants, then Defendants are jointly liable for said amounts to Plaintiff. It is specifically denied that Defendant Melva Richcreek used monies deposited into the joint checking account for her own personal use, enjoyment and gain. To the contrary, all funds deposited into the joint account were used for marital obligations. 23. Denied. It is specifically denied that Defendant Melva Richcreck is solely liable to Plaintiff for any damages Plaintiff may have suffered. To the contrary, if there is any liable it is joint between Homer S. Richcreck and Melva Richcreek. 24. Denied. It is specifically denied that Defendant Melva Richcreek is primarily liable for any damage to Plaintiff or is liable over to Defendant Homer S. Richcreek byway of contribution and/or indemnification. To the contrary, If there is any liability to Plaintiff, Defendant Homer S. Richcreek and Defendant Melva Richcreek are both liable to Plaintiff. 25. Denied. It is specifically denied that Defendant Melva Richcreek has any liability to Defendant Homer S. Richcreek by way of contribution in this action. 28. Denied. It is specifically denied that Defendant Melva Richcreek is liable directly to Defendant Homer S. Richcreek. To the contrary, if there is any liability to Plaintiff the parties are both liable for the damages. Further it is specifically denied that Defendant Melva Richcreek appropriated monies that were to be used to pay claims listed in Plaintiffs Complaint and then concealed to Defendant that the payments had not been made. To the contrary, Defendant Homer S. Richcreek had full knowledge of payments that had or had not been made. WHEREFORE, Defendant Melva Richereek requests that Defendant Homer S. Richereek's request for payment from Defendant Melva Richcreek be denied and said request be dismissed by the Court with prejudice. Dated: L?z PQ a F. Blair S reme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1429 Fax (717) 541-1428 VIOLET L. ROSENBERRY, formerly known as Violet L. Richcreek Plaintiff V. MELVA RICHCREEK AND HOMER S. RICHCREEK, III„ Defendant : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, : PENNSYLVANIA NO. OM215 CIVIL ACTION - LAW IN EJECTMENT CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Answer To New Matter on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Robert Peter Kline, Esquire 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, Pa 17070-0461 Stephen K. Porto, Esquire BRATIC & PORTO 101 Office center, Suite A Dillsburg, Pa 17010 I i Date: January 5, 2000 Respectfully submitted, VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. f rte. K. cwt Lu..L f . 4115 Y fV ALL ` ? ?J !?_J He '{}f? (? ( ? n 1I rt7 a_C I ' V- VIOLET L. ROSENBERRY, formerly known as Violet L. Richcreek, Plaintiff VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6215 CIVIL TERM MELVA RICHCREEK AND HOMER S. : CIVIL ACTION - LAW RICHCREEK, III, : IN EJECTMENT Defendants PRF,TRIAL MEMORANDUM AND NOW, comes Violet L. Rosenberry, by and through her counsel, Robert P. Kline, Esquire, and files this Pretrial Memorandum: I. Statement of basic facts as to liability: Plaintiff is the owner of certain real property located at 519 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania. In June, 1996, pursuant to an oral agreement with Defendants, Plaintiff agreed to lease the premises to Defendants on a month-to-month basis. Defendants agreed to pay to Plaintiff monetary rent in the amount of $300.00 per month, plus all real estate taxes, hazard insurance, and public utilities as they came due. In addition, Defendants agreed to be responsible for all maintenance related to the premises. In June, 1999, Plaintiff learned that Defendants had failed to pay the real estate taxes and had failed to pay the premium on the hazard insurance policy covering the property. As a result of this breach of their agreement, Plaintiff advised Defendants on June 15, 1999, that in order to remain in the property, their monthly rent would increase to $500.00 per month effective August 1. Plaintiff has only received partial payment of the rent due for the month of July and August, 1999, and has not received any rent payments whatsoever since August, 1999. Furthermore, no taxes, h insurance or utilities have been paid by Defendants. Despite requests by the Plaintiff, Defendants have failed and have refused to timely cure the defaults raised herein. 11. Statement of basic facts as to damages: A. Monetary Rent: July 1999 $ 100.00 August 1999 350.00 September 1999 500.00 October 1999 500.00 November 1999 500.00 December 1999 500.00 January 2000 500.00 February 2000 500.00 Total rent due as of $3,450.00 February 1, 2000 B. Real Estate Taxes Paid to Cumberland County Tax Claim Bureau: $877.28 C. Real Estate Taxes Paid to Tax Collector: $719.34 D. Hazard Insurance: $261.00 E. Sewer and Trash Charges: $157.58 Total Damages to Date: $ 5,465.20 In addition, Plaintiff requests compensation for physical damage to the property as may be determined after Plaintiff has had an opportunity to have the premises inspected and such other monetary damages as the Court may deem appropriate and just. 111. Statement as to principal issues of liability and damages: Defendants are liable to Plaintiff as a result of their breach of the lease agreement and Plaintiff is entitled to all payments due pursuant to their agreement. IV. Summary of legal issues regarding admissibility of testimony, exhibits and any other matter: None. V. Identity of witnesses to be called: Violet L. Rosenberry, Homer S. Richcreek, III, and Melva Richcreek. VI. List of Exhibits: A) Deed-Plaintiffs deed to the subject property B) Notice to Quit C) Receipt/canceled check from Cumberland County Tax Claim Bureau D) Real estate tax receipt: 1999 County/Township Tax E) Real estate tax receipt: 1999-2000 School Tax F) Hazard insurance invoice G) Receipt from the Borough of Lemoyne for sewer and trash charges VII. Current Status of Settlement Negotiations: None as of this date. Respectfully submitted, Robert P. Kline, Esquire Kline Law Once 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Pretrial Memorandum upon the following persons, by depositing same in the United States Mail, first class, postage pre- paid on the IYTM day of 4;UuA-L1? , 2000, from New Cumberland, Pennsylvania, addressed as follows: Stephen K. Portko, Esquire Bratic & Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 Attorney for Homer S. Richcreek, III Nora F. Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 Attomey for Defendant Melva Richcreek '212 Q =' ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070.0461 (717) 770-2540 Attorney for Plaintiff ROBIOnT P%WR SildaltE FE9 T - 200 Attorney & Counsellor at Law 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, Pennsylvania 17070.0461 (717)770.2540 fax (717) 770.2553 February 4, 2000 The Hon. Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Violet L. Rosenberry v. Melva Richcreek and Homer S. Richcreek, III No. 99-6215 Civil Term Dear Judge Guido: Enclosed with this letter please find the Plaintiffs Pretrial Memorandum in the above- captioned matter. This case is scheduled for a pretrial conference in your chambers on Wednesday, February 9, 2000. ours, ROBERT PETER KLINE, ESQUIRE RPK/srf Enclosure cc: Violet Rosenberry Stephen K. Portko, Esquire Nora F. Blair, Esquire c,?wrwuNWRALTN Of PENNSYLVANIA NOTICE OF APPEAL COURT Of COMMON PLEAS ?...... , L... I I FROM wwCIALOISTRICY DISTRICT JUSTICE JUDGMENT E]nbd in Prothy's Office 10-11-99 J.ice COMMONPLEASNs 99_ &a15- Civil Term NOTICE OF APPEAL g'je`( a+• It, 14gy Notice is given that the appellant has filed in the above Court of Common Pleat an appeal from the judgment tendered by the District Justice an the doh avid In the case mentioned balm 2001: '7: 17 V& Cy - LT 19 r??Qj poIjert P Kline Eeq 19 This dock will be signed ONLY when this rotation is required under Pa RGYJY. tVO I=6 llant was CLAIMANT (See Pa. R.C.P.J.P. Na 100811 This Notice of Appeal, when received by the District Justice, will operate as a in action before District Justice, he MUST SUPERSEDERS to the judgment for possession in Ibis case. FILE A COMPLAINT within twenty (20) days after ipuaav IaroLVy of Deputy tiling his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of font to be used ONLY when AppelWM was DEFENDANT (sea Pa. R.C.PJP. No 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice at appeal to be served upon appellee). PRAECIPES To Prothonotary Enter nde upon , appellee(s), to file a ccn*int In this appeal Nm a q[yolbara) jConrmon Pleas Na ) within twenty (20) days after service of rule or suffer entry of judgment of non pmt sviek" of 4weAw a to saw" a eave RULES To , oppeflee(s). Nero of erg ii) (1) You are notified that a rule is hereby entered upon you to file a complaint in this opped within twenty (20) days after the date of service of this rule upon you by personal service or by cenifed or registered moil (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (9) The date of service of this rule 0 service was by nail is the dote of mailing Daft:_, 19_. s,Vnnn of numawtry or t>rPmd N7ra31tN COURT FILE TO BE FILED WITH PROTHONOTARY LL!! IL C-) '"--GI ' - uo xundm u?Cel.UW 3 Aly IM-1910 to SIN rprw ce« I'ra'!Iv u,O,v wa!•+3 Ir. lwn m i nleu6ig luoWe to omleudlg -6l 10 AVO '- SIH1 3N 3HOJ30 07HIH0senS (INV ((13N11111V) NHOMS Ola,o4 pagaellu IdIo3aA s,iapuas'Ilcw (pololslBai) (palpua3) Aq 0 a31AAas leuosvad Aq 0 -6l uo passnrppa sen. r,lnlf a41 wogmOj(s)oapaddeagluodnlaoddVlo43poNo6ogeogl6uiAuedwoo:,cuneldwnOeaplolalnHu4lpaAJasi1e41AO4Unlpue G 'olom4 po4aellu Idlooei s,Aapues'pew (pmalsl9ol) (pall4+oa) Aq ? o31AAUS leuosiod Ag [] 61 uo' (ntueul 'nalladde agl uodr pile 'olalag pagaelle Idlaaal s,lapuas ylew (palolsiftl (papglad) Aq [] o31AiaS leumad Aq L] • (aarAAns )o plop/ uo ulolo4l poleu6lsop oollsnp loplslp ag1 uodn ON scold uowwoO 'pladdV to 031IoN a41 Io Adoo u O paAAas l le41 wAlpe 1o teams Agelatl I :1.IAV01ddV is 1 loAlNnoo VINVAIASNN3d 10 H1lV3MNOWW00 (soroq elgeo!Idde g3ogo leadde )o a3UOu ow Bull') b31JV SA VO 104) N31 NIHIIM 03713 3B 1Sf)w aalAies 10 100Ad S)LIJ 1NIVldW00 311:1 Ol 3inu ONV IV3ddV d0 30110N d0 301AH3S d0 d00ud V 1 COMMONWEALTH OF PENNSYLVANIA L•UUN 1 T 09-1-01 DJ Na" 04W CHARLES A. CLEMENT, JR. Add.nr 1106 CARLISLE ROAD CAMP HILL, PA T,YOmea: (717) 761-4940 17011 CHARLES A. CLEMENT, JR. 1106 CARLISLE ROAD CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was entered for: (Name) NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE [ROSENBERRY, VIOLET L 2008 LAKE MEADE RD YORK SPRINGS, PA 17273 L J VS. DEFENDANT: NAVE amADDness rRICHCREEK, MELVA 519 HERMAN AVE. LEMOYNE, PA 17043 L J DocketNo.: LT-0000377-99 Date Filed: 8/30/99 Judgment was entered against ROSENBERRY VIOLET L ® Landlord/Tenant action In the amount of $ . 00 on 13 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ .00, Ina ?? . (oaatte of Judgment) Total Amount Established by DJ Less Security Deposit Applied a Rent in Arrears $ . 00 - $ .00 as Physical Damages Leasehold Property $ .00-$ .00 Damages/Unjust Detention $ .00-$ .00 ° Less Aml Due Defendant from Cross Complaint - ? Attachment Prohiblled/ Interest (it provided by lease) Victim of Abuse (Act 5, 1996) UT Judgment Amount This case dismissed without prejudice. Judgment Costs Attorney Fees ? Possession granted, Total Judgment Adjudicated Amount $ .00 $ _no $ .00 $ .00 $ _on $ _00 $_ .00 $ .00 ? Possession granted it money judgment Is not satisfied by time of eviction. ® Possession not granted. R Defendants are jointly and severally liable. F1 Levy is stayed for days or R generally stayed. F] Objection to Levy has been filed and hearing will be field: ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOLVING A RESIDENTIAL LEASE AND AFFECTING?HE DELIVERY OF POSSESSION OF REAL PROPERTY WITHIN 10 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A tPTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. IN ORO016 OBTAIN A,$UPERSEDEAS, YOU MUST DEPOSIT WITH THE PROTHONOTARY THE LESSER OF 3 MONTHS RENT OR THE RENTAtTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF YOU WISH TO APPEAL THE MONEY PORTION ONLY OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, YOU HAVE 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PRQTHONO,TARYJCL6RK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. 1 11 .. YOU MUST INCLUDE A COPY 6 THI NOTICE OF JUDGMENTI"tNSCRIPT FORM WITH OUR bYJCE,bF APPEAL. Date My commission expires first Monday of January, 2002 an6r,l u" District SEAL VIOLET L. ROSENBERRY, formerly : IN THE COURT OF COMMON PLEAS known as Violet L. Richcrcek, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO. 99-6215 CIVIL TERM MELVA RICHCREEK AND HOMER S. : CIVIL ATION - LAW RICHCREEK, III, : IN EJECTMENT Defendants 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, PA 17013 (717) 249.3166 VIOLET L. ROSENBERRY, formerly known as Violet L. Richcreek, Plaintiff VS. : IN THE COURT OP COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6215 CIVIL TERM MELVA RICHCREEK AND IIOMER S. CIVIL ATION - LAW RICHCREEK, III, IN EJECTMENT Defendants COMPLAINT AND NOW, comes Violet L. Rosenberry, by and through her counsel, Robert P. Kline, Esquire, who states as follows: 1. Plaintiff, Violet L. Rosenberry, formerly known as Violet L. Richcreek, is an adult individual presently residing at 2008 Lake Mende Road, York Springs, Pennsylvania. 2. Defendant Melva Richcreek, is an adult individual residing at 519 Herman Avenue, Lemoyne, Pennsylvania. 3. Defendant Homer S. Richcreek,111, is an adult individual residing at 642 W. King Street, York, Pennsylvania. 4. Plaintiff is the owner of certain real property located at 519 Herman Avenue, in the Borough of Lemoyne, Cumberland County, Pennsylvania, by virtue of a deed dated the 14th day of August, 1964, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 1-21 at Page 26. Plaintiff is the sole owner of this real property as surviving tenant by the entireties as a result of the death of her late husband, Homer S. Richcreek, Jr. A copy of this deed is attached to this Complaint as Exhibit „A„ 5. In June 1996, pursuant to an oral agreement with Defendants, Plaintiff agreed to lease the above-described premises to Defendants on a month-to-month basis. 6. In consideration for her agreement to lease the above-described premises on a month-to-month basis, Defendants agreed to pay to Plaintiff monetary rent in the amount of $300.00 per month, all real estate taxes due on the premises, expense of adequate hazard insurance coverage for the premises, and the expense of all public utilities. In addition, Defendants agree to be responsible for all maintenance related to the premises. In June 1999, Plaintiff learned that Defendants had failed to pay the real estate taxes as agreed, requiring Plaintiff to make a payment to the Cumberland County Tax Claim Bureau on June 28, 1999, in the amount of $877.28. 8. In June 1999, Plaintiff learned that Defendants had failed to pay the premium on the hazard insurance policy covering the property, resulting in the need for Plaintiff to obtain adequate coverage at an expense to her in the amount of $261.00. 9. As a result of the Defendants' breach of their agreement with Plaintiff, as described in paragraph 6 above, Plaintiff advised Defendants on or about July 15, 1999 that the monetary portion of their monthly rent would increase to $500.00 per month, effective August 1, 1999. 10. Plaintiff received a partial payment in the amount of $200.00 toward the monetary portion of the rent in the month of July 1999, leaving a remaining unpaid balance of the monetary portion of the rent in the amount of $100.00 for the month of July. 11. Plaintiff received a partial payment in the amount of $150.00 toward the monetary portion of the rent in the month of August 1999, leaving a remaining unpaid balance of the monetary portion of the rent in the amount of $350.00 for the month of August. 12. Since August 1999, Defendants have failed to pay any rent whatsoever to Plaintiff. 13. Plaintiff has paid the 1999 county/borough tax on the subject property in the amount of $203.11. 14. Plaintiff has paid the 1999-2000 school real estate taxes on the subject property in the amount of $516.23. 15. Defendants have failed to pay the sewer and refuse fees charged by the Borough of Lemoyne, as agreed, requiring Plaintiff to pay the amount of $157.58 to the Borough of Lemoyne for past due sewer and refuse fees. 16. Written notice of default was sent to Defendants by letter dated October 8, 1999. A true and correct copy of Plaintiffs counsel's letter of October 8, 1999 is attached as Exhibit "B" to this Complaint. COUNT I - EJECTMENT 17. Paragraphs 1 through 16 inclusive are incorporated herein by reference as though set forth herein. 18. Defendants have failed and have refused to timely cure the defaults of which they were notified by Plaintiffs counsel's letter of October 8, 1999. Despite the request of Plaintiff that the premises be vacated contained in the letter dated October 8, 1999, Defendants have failed and have refused to surrender possession of the premises to Plaintiff. WHEREFORE, Plaintiff requests that this Court enter judgment in favor of Plaintiff and against Defendants for possession of the premises located at 519 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania. COUNT 11- MONETARY DAMAGES 19. Paragraphs 1 through 18 inclusive are incorporated herein by reference as though set forth herein. 20. Plaintiff claims monetary damages pursuant to the oral lease agreement as follows: A. Monetary rent in the amount of $100.00 for the month of July 1999, $350.00 for the month of August 1999, $500.00 for the month of September, $500.00 for the month of October 1999, for a total amount due as of the date of this Complaint in the amount of $1,450.00, with an additional $500.00 to be added on the first of each month until such time as the premises is vacated; B. Property taxes paid by Plaintiff to the Cumberland County Tax Claim Bureau in June 1999, in the amount of $877.28; C. Real property taxes paid by Plaintiff on the property in the amount of $719.34 and continuing to accrue until such time that the premises is vacated by the Defendants; D. Hazard insurance expense incurred by the Plaintiff in the amount of $261.00; E. Sewer and trash charges paid to the Borough of Lemoyne in the amount of $157.58, and continuing to accrue until such time that the premises is vacated by the Defendants; F. Compensation for physical damage to the property as may be determined after Plaintiff has had an opportunity to have the premises inspected; and G. Such other monetary damages as the Court may deem appropriate and just. WHEREFORE, Plaintiff respectfully requests judgment for damages in her favor and against Defendants. Z8 OCT 1 Vtol DATE Respectfully submitted, ROB T P. KLINE, ESQUIRE Kline Law Office 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff 60011 4 rift 26 IL[-SIMPLE DLtD-Tp..drrr 01 Wq 3hbrnturr, mabe u$r 14th Ay./ August to IS, po ./s.r L«J 0.1 T1..,..J A•I.r 11.1!''! I.J Sixty-four (1961) LWrllllrrll RICHARD A. REYNOLDS and SHIRLEY RBYNOLDS,*hls wife, of the Borough of Lemoyne, Cumberland County, Pennsylvania, Grantora, and parties of the tint part, t AND F,}' N 'n" L CL ??t S HONER S. RICIICREEK,'JR. and VIOLET L. RICHCREEK, his wife, ofsBttera, York-County, Pennsylvania, Grantees and parties I1/•....J 1'•rt, M1111PDDrli) T1.1 it, ,U l1 A. •/ 1/+'•? •/ Six Thousand Six Hundred N 0.0•/ 11, few umin ex r tang mortgage ............... ------------ m....... ¦samig existing D44". L,ld r..'y .l Ile U.Ud $b/n .l Ar'Nn, edl ..J I,J, p,J Ay Jr ,dJ f.qi es./ Ile w.n.J fat of At "a /.red e&.111, fn! Mt, .1 ..J N/w' 11, k.lbt .d Ah"'y .1111" frrw./r. IA%'Mi11 .hen/ Ir I,uA'rrlndrJrdl have ,y brgd.d, y/1'410M.'d'.W. ,.."14 .d n.fr„d '.J hi 11.11 D,1hJ. drt•'. n ,•JIiN Y hr..h ,111 11 .,../....w Nr ,.J hr' Sea .,..J I." " t t he Ir .. r d., , 1-11 I'd I All that certain lot or piece of ground situate in the Borough of Lemoyne, County of Cumberland, and State of Pennsyly and a, bounded and described as followsl1 to wit: A' I•ili /1 TI? "BEGTHI/IRO 'lt•ta point on the northern line of Ilerman Avenue, which point is one hundred sixty-two (162 feet six (6) Inchta weal of the western line of Plf th (formerly Clinton) Streets thence northwardly parallel with Fifth street and through the center of a partition wall d(vlding p to the roperties Not. 319 and 521 Herman Avenue, one hundred fifty (150) feet southern Line roflPesch fAlPeach ley seventeens(17)e4hettsixd(6)aInches the a ' ' n(ntl thence scuthwardly parallel with Pitt Street one hundred fifty 150) feat to the northern line of Herman Avenuel thence eastwardly along the northern line of Herman Avenue seventeen (17) feet six (6) Inches to a point, the Place of BEGINNING. HAVING thereon erected a two and one-half story frame house numbered 319 Herman Avenue, Lemoyne, Pennsylvania BEING the sane premises that were conveyed to the said Richard A. Reynolds and Shirley Reynolds, his wife, from Charles P. Stiles and Arlene N. Stiles his wife, and Joseph D. Palese and Eleanor S. Palest, his wife, by Deed of Conveyance dated July 20, 1958, and recorded In the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, In Deed Book "W', Volume 18, Page 317. . In this deed, the Partlsa of the Second part hereto &,,=a and agree to pay a certain mortgage held by Cumberland CounZ'?rNailonal yank and Trust Company, trustee, In the unpaid principal balance of $6, 311. i71, .. GXIIII3IT "A" i bu,-kl tac 28 &M.4 O By Tw/ p.i. ?o COHHONWAALilf up PENA-111VAA'IA ? COOA'TY Or .--.._.D/Ypt110_„.,_„_,_, 00 IM. A, 14 th_: J.)•!- ?u u„ _?_NotAyy_?M.pi.??....l.n ?nd for:?ld Staten nd CountY_?_y •fnr, prw.Ay gJrnd ,„.,? 14 .JrnlprJ ' ntceua.A.Raynola/_.FAa_SAI.t:)C Rsyno10A.._h.ts_ Am • W q (w ulhJ.r/w!r h.u•1 b 4 /W Frr.w /...._.?.,,,.•?.l,.,, .uAr-•_?-?_ . .41b1 kd.. J: I.J «L..1dlr! 141 _... 1 W uMrr:/vJ h 14 'W" d It* Ir .r Jw /W rwr.N /WIIW r•r/IINJ. i;j .?•.Ci: h. i??? II MI «) 4.J I.?,•?IHr 1rF /• hw«hJI.r.Jfrnl lfG.2?l.J..9G??_ _ !!r^M! +U/rt. Lr /M/ IW r«rIN Ar.4lnrr •/ IW Gnwo I. 4 NIL. &,j, MI«.,r In Cn .?(r., JpRPe-K • y ? Y VI M w Q r ? ? ?A Y NY I F ?7 0 0 •I ? tl q U ? OY .1 M { ?. 14 y M 0( O ?P•1 Y y •? .] p ..•. ll)IOA'oEALTIf E ECN YLVANIA ........... •......... COUNTY. I ss, gTf ?lt? / fA OQi /or HrrvrJLlA o/ Ur 1. AfuripArl. of., LI nIJ /or II/, C...ly Jm Deeil Book .-.,V, r.iiAE// f)• II•NJ NJ Sr11 of offlef,'Ids........,.o:ZO ?,„,,,,,„, . ........ ANNE! DoMINI rI GC/C? .................... IIy// JD. /2,1 .w- I ROBERT POUR HII Wr Attorney & Counsellor at Law 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, Pennsylvania 17070.0461 (717) 770.2540 fax (717) 770.2553 October 8, 1999 Melva Richereek Homer S. Richcreek, Ill 5191lerman Avenue 642 W. King Street Lemoyne, PA 17043 York, PA 17404 Re: 5191lcrman Avenue, Lemoyne Cumberland County, Pennsylvania Dear Mr. and Mrs. Richcrcck: Please be advised that this office represents Violet L. Rosenberry, the owner of the property located at 519 Herman Avenue in the Borough of Lemoync. Plcasc be advised that based upon failure to pay rent, taxes, insurance, utilities, and maintenance for the above property, as originally agreed between the parties, you are hereby notified that you have ten (10) days from the receipt of this letter in which to vacate the premises. The original oral agreement between the parties for the lease of the above premises was the payment of rent in the amount of $300.00 per month, the payment of all real estate taxes, hazard insurance, utilities, and maintenance expenses for the property. You were further advised on or about July 15, 1999, that effective August I, 1999, the amount of monetary rent to be paid was increased to $500.00. Partial rental payments were received in July and August 1999, and no rent has been paid on this property since August. Therefore, through October 1999, the sum of $1,450.00 in back rent is presently due. In addition, my client was required to pay past due real estate taxes in June 1999 to the Cumberland County Tax Claim Bureau in the amount of $877.28. To the best of her knowledge, no other taxes have been paid by the parties pursuant to this agreement. In addition, my client has learned that hazard insurance had not been paid and my client has been required to secure hazard insurance on the property in the approximate amount of $300.00. Please be advised that if this property has not been vacated within ten (10) days of the receipt of this letter, the complaint will be filed at the Court of Common Pleas of Cumberland County seeking ejectment and damages for unpaid monies due pursuant to the oral lease agreement, as well as damage for any physical damage to the property during your period of possession. Very truly yours, ROBERT PETER. KLINE. ESQUIRE RPK/srf cc: Stephen K. Ponko, Esquire Nora P. Blair, Esquire EXIIIBIT "B" Violet L. Rosenberry VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. /D-4OV 9g Date VIOLET L. rki Violet L. Richcreck Y, formerly krto J,. s; c! ' ? 7 ,r A r ? 4 A. 5 t ?r 1 s 1 Y, is ;r( fl .: ... _ CERTIFICATE OF SERVICE 1 hereby certify that I served a true and correct copy of the foregoing Complaint upon Defendant Melva Richcreek by depositing same in the United States Mail, first class, postage pre- paid on the 28th day of October, 1999, from New Cumberland, Pennsylvania, addressed as follows: Melva Richcreek 519 Herman Avenue Lemoyne, PA 17043 ROBERT PETER KLINE, ESQUIRE Kline Law Office 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff V) >• «, CT CJ VIOLET L. ROSENBERRY, Plaintiff VS. MELVA RiCHCREEK and HOMER S. RICHCREEK, III, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6215 CIVIL TERM : CIVIL ACTION - LAW : IN EJECTMENT DEFENDANT HOMER RICHCREEKS PRETRIAL MEMORANDUM TO: THE HONORABLE EDWARD E. GUIDO AND NOW, comes Defendant Homer S. Richcrcck and submits this Memorandum in accordance with Rule 212-4 of the Local Rules of Civil Procedure of Cumberland County 1. STATEMENT OF FACTS: Plaintiff, Violet L. Rosenberry is the owner of premises located at 519 Herrman Avenue, Lemoyne, Pennsylvania. In June of 1996 plaintiff began leasing the premises to her son, Homer S. Richcrcck, and daughter-in-law, Melva Richcrcck. The lease was verbal month to month lease. Mr. and Mrs. Richcrcck (defendants) agreed to pay $300 per month and to pay the insurance, taxes and utilities. On or about April of 1999, Defendant, Homer S. Richcrcck, separated from his wife and notified plaintiff that he would no longer be leasing the premises. Mr. Richcreek filed for divorce and Mrs. Richcreek filed for spousal and child support. She is currently receiving support from her husband. Subsequent to the separation, Mr. Richcrcck also notified plaintiff that since he would no longer be residing at the premises and since he was paying his wife spousal and child r . ,'O" 11 support, if plaintiff intended to continue to lease the premises to his wife, then Mrs. Richcreek would have to be solely liable for the rent, maintenance, taxes and utilities. Prior to their separation, Mr. Richcreek normally deposited his employment check into the parties joint account and Mrs. Richcreck was responsible for paying all bills. Contrary to her assurances that the bills were being paid on time, Mr. Richcreck discovered after he separated from his wife that she had not been using the monies in their joint checking account to pay the bills such as the rent, taxes and insurance. Plaintiff filed the within action to evict Mrs. Richcreck from the premises for nonpayment of the rent, taxes and insurance. Plaintiff also seeks damages for late rent, unpaid taxes and lapse of insurance coverage. Mrs. Richcreck has admitted that she has not made the required payments and that the monics are owed but she refuses to vacate the premises until ordered to do so. 11. STATEMENT OF BASIC FACTS AS TO DAMAGES: Defendant Melva Richcreek has failed to timely pay rent, taxes and insurance for the time period site solely occupied the premises and while site was receiving spousal and child support from Defendant llomcr Richcreck. Any danmgcs incurred by Plaintiff arc solely due to Defendant Melva Richcrcck's failure to pay rent, loxes and insurance. Defendant Melva Richcreck is solely liable for damages because while they were living together, Mr. Richcreck gave her the monies to pay such bills. Further, after the parties separated, Defendant Melva Richcreck assumed the obligation for the rent, taxes and insurance and has been receiving spousal and child support from Defendant Homer Richcreck. Defendant Ilomer Richcreek also notified plaintiff that he was ending file lease and that if plaintiff intended to continue to lease the premises to Defendant Melva Richcreck, then his wife world have to he solely responsible for payment of the rent, taxes and insurance. I III. PR uc F slim. Whether Defendant Homer Richcreck is liable for rent, taxes and insurance after he 1 separated from his wife and after he gave notice to Plaintiff that he was not continuing the lease? Whether Defendant Melva Richcreck is liable over to Defendant Homer Richcreck by way of contribution and/or indemnification for any rent, taxes and insurance she failed to pay from monies deposited in lhcir joint checking account or for any rent, taxes and insurance payments accruing after the parties separated and husband vacated the premises? Whether the parties occupied the premises pursuant to a verbal month to month lease or installment sales agreement? IV. None. f V. IDENTITY OF Wf'('h_ ?eq m: { Homer Richcreck, 2008 Lake Meade Road, York Springs, PA Melva Richcreek, 519 Herman Avenue, Lemoyne, PA Violet Rosenberry, 2(IU8 Lake Meade Road, York Springs, PA Vi. L?TFLLIDANT XHI[31TS; None. VII. SETTLEMENT Tarr n rr . r.... ru wi Defendant Melva Richcreck informed Defendant Homer Richcrcck that she would not move from the premises until the court ordered her to do so. Date; al??pW Respectfully submitted, IIRATIC & PORTICO Stephen K. Porlko, Esq.1.D. #34538 101 South Route 15 Dillsburg, PA 17019 (717)432-9706 Attorney for Defendant Homer Richcrcck 3 .1 -1 VIOLET L. ROSENBERRY, f/k/a Violet L. Richcreek, vs. MELVA RICHCREEK and HOMER S. RICHCREEK, III, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA NO. 99-6215 CIVIL TERM : CIVIL ACTION - LAW IN EJECTMENT CERTIFICATE OF SERVICE I HEREBY CERTIFY that a. true and correct copy of the foregoing PRETRIAL was provided by U.S. Mail, postage prepaid, first class, and via fax to the following: Robert Peter Kline, Esquire 331 Bridge Street, Suite 350 New Cumberland, PA 17070-0461 Fax: (717) 770-2553 Nora F. Blair, Esquire Post Office Box 6216 Harrisburg, PA 17112-0216 Fax: (717) 541-1429 Date: 217L2n C- ,? BY: 131A C iLC V?(1(!1_ V1c o 'Stephen K. Portko BiMTIC AND PORTKO ATTORNEYS AT LAW 101 OM- CE aNTER, SUITE A 101 Sovni US. Rom 15 DIUSEURO,PENNSYLVANIA17019 DUSAN BRATIC, ESQ. STEPHEN K. PORTKO, ESQ. (717) 432.9706 (717)432.2538 r•Ax (717) 432-9220 February 7, 2000 The Honorable Edware E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 RE: Violet Rosenberry v. Melva Richcreek and Homer Richcreek No. 99-6215 Civil Term Dear Judge Guido: Enclosed please find Defendant Homer Richcreek's Pretrial Memorandum in the above captioned matter. Very truly yours, c?.. y Steen K. Portko SKP/rsr Enclosure cc: Homer Richcreek Robert Peter Kline, Esquire Nora F. Blair, Esquire VIOLET L. ROSENBERRY, formerly : IN THE COURT OF COMMON PLEAS known as Violet L. Richcreek, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 99-6215 CIVIL TERM Vs. MELVA RICHCREEK AND HOMER S. : CIVIL ACTION - LAW RICHCREEK, III, : IN EJECTMENT Defendants PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT COMMONVVIALTN OF PENNSYLVANIA COURT OF COMMON PLUS l:UhiiEitL,%Nij i(JUriPYr JUDICIAL OIfiAKT FYltd in Prothy's Offioe 10-11-99 jlss NOTICE OF APPEAL Y• • I , . .1 . I t Notice is given that the appellant has filed in the above Court of Common fleas an appeal frorn the judgment rendered by the District Justice on the dote and in the case mentioned below FROM VIOL;.T L. ttU :.I1HcaUtY 09-1-01 Dal JLbhIhfiT 200f3 L6RL fNYAUr. dW.i, Yui:t: i;,C.. 17273 913/99 vs CV 19 L5;; J. Fmbert P Kline LT 19 -377-t1 h T Eaq This black will be'signed ONLY when this notation is required under Pa. R.C.P.J.P. Na If appellant was CLAIMANT (see Pa. R.C.PUP. No. 180. 1001(6) in action before District Justice, he MUST This Notice of Appeal, when received by the District Justice, will operate as o , SUPERSEDEAS to the judgment for possession in this cosy FILE A COMPLAINT within twenty (20) days after ignatlre raratary or Deputy tiling his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of halm to be used ONLY when appellant was DEFENDANT (see Pa. RC.PJP, No. 1001(7) in action before District Justice. IF NOT USED, detach Iran copy of notice of appeal to be served upon appellee). PRAECIPEL To Prothonotary Enter rule upon , appellee(s), to fib a complaint in this appeal Name of xvxV.•efsl (Common Pleas Na ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. NOTICE OF APPEAL DISTRICT JUSTICE JUDOMENT COMMON PLEAS Ns 99- fo?J? Civil Term 1. / f 11 nr, spense of slpew a he sttumey a pert RULE: To Nsms of slpdee(sl apPellee(s)• (1) You ore notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule M service was by =it is the date of mailing Date: 19_. Spnfisa d Rae,aeary of OrpiM /CK 317.04 COURT FILE 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 tho notice of appear Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF °??ER?? ; u ' AFFIDAVIT: I hereby swear or affirm that I served Rea--copy of the Notice of Appeal, Common Pleas No upon the District Justice designated therein on (data of aorvlco) tO 1S 119 O by personal service Wily (ter (MOW"W) mall, sender's receipt attached hereto, and upon the appellee, fnamo) _1 kILLVARV91r% LEEK , on _M-,JS . 19°a- O by personal service Fl?by (cnr ifi ri (m.9i4lel") mall, sender's receipt attached hereto. O and further that I served the Pula to File a Complaint accompanying the above Notice of Appeal upon the appollea(s) to whom the Rule was addressed on 19- O by personal service O by (certified) (registered) mail, senders receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF __ , 19,- r iLr. (fir`/ Signature of allianf SlgnAtu/e of official before whom 0144.4 WAS ""do TWAOf OMdal My conlmilPOn m0ilo on ,. la,., SI 0 D 0 O O I: I also wish to recatve Mls low* fame t anbbr t for wduoml bwwrn. Irv servkss (for an extra fee): xems 3 ,46. ew wb. I wn ens wane m IM mere of the form w mm ws m lean are U. 1. 0 Addressee's Address i form to er saw or an mbrpws, a m aw b" d bows don nd p, 0 Restricted Delivery I Wn RebWpf Roomfo 'm eu maepMp l e+arode nurbw. i n Reap we Ow v to ~ Va adOa was dilkwed and er date ' ddressed la ea. AnOe Number f ?Swxezer kjr ce 4gWAd&s W. jr ? 49R& 1/153 s.fa 4b. Service Type L'Lt71.??tlT ?,G 0negistered VIJfied ' 0 Express Mall 01nsured M14 C:d .e6/ S Le 7e? 0 Return Recegt for Merchfimbse O COD L'?179.-O.N/GG >ON /70// T. Date ofVK O? 8 u9 or fee Is paid) 1025aSae-0Ct23 Z 028 950 530 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Inlemaug m man ass rain mal I n P S e" r Spedel DOWY Fse RnMdw Defwy FM flNrrm Read &n ITV 10 Whm { Deb Deswed RNe IMPIR DIY,{r,pebodie esi a. TOT ;PppWq } I Pagtanla D?r n? S? r i K? f ?f. i y)~ SENDER: I i O CWVWS e.ms 1 WWO t for.ddowal pry . CWMWG A" S. 4, Nor eb. i CuN Your rn " Mdgs m lM mom or edr form so eW w. un MUm tln 10 you. (?.4C4 OMn.M WS lam to Us, from Of lM nlsAp4a, a W trot ball 4 NIM does na 5 0C1rhoRMLoss R WsQ* 10 d'oneMoWMmbv. R.npl Kls etwK lo.tlonl er.rly hole d. wUss afrsr dokvWW ".M ft al. de ad 1 . 3. AAdds tlde Addressed tQo: ?rt2 YA ? /L?NC?,Pc?/c 5. ROCOIVed By, (Print Name) 55 ?Jg(Ignature (Addre ss pent) \VW7s Q,(/!l All PS Farm 11, DeckrAw Ig94 10 a a d N a pN T -s I also wish to reCNve the follow Ing sen4we (for an extra fee): 1. 0 Addressee's Address 2. 0 Restrkled Delivery /" 301 A>. 9 Fa 4b. SeMCe Type 0 Registered aCe-r-Vfied 0 Express Mall Olnsured (3 Remm Receipt for Merchen016. O COD fee is paid) P 308 767 407 RECEIPT FOR CERTIFIED MAIL NO iNSUMNCE COVERAGE RROV01) Not 104 INIERNAtIONAL MAIL rSeo Revarsef Sen I LL?i1 /Gtr/C/.f'Et",C Ste 1 No IV //L>rrn r v ?- P $lal0 ,1rv1 ZIP CMe Postage S cww d ree SPM411 DMn.rV r1Y posvrcle0 Oehvery Fee Return Aece.Pl %hov.rng IO Kh.m and Dale Del rowed nelurll Dcrw?r 10 Kmlm Dal. arvE . IOTA I.'PA1ag n?I r / 7 Po r a or D. d ? i ?i VIOLET L. ROSENBERRY, formerly known as Violet L. Richcreek, Plaintiff VS. MELVA RICHCREEK AND HOMER S. RICHCREEK, III, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.99-6215 CIVIL TERM : CIVIL ATION - LAW : IN EJECTMENT ACCEPTANCE OF SERVICE I, Stephen K. Portko, Esquire, attorney for Homer S. Richcreek, III, hereby state that 1 have authority to accept service on behalf of my client and do hereby accept service on behalf of Homer S. Richcreek, III. STEPH =N K. PORTKO, ESQUIRE Bratic & Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 c ON Y v ? tj VIOLET L. ROSENBERRY, f/k/a Violet L. Richcreek, : Vs. s MELVA RICHCREEK and HOMER S. s RICHCREEK, III, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6215 CIVIL TERM CIVIL ACTION - LAW IN EJECTMENT 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 claims 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. Court Administrator Cumberland County Court House 4th Floor Carlisle, PA 17013 Telephone: (717) 240-6200 1 NOTICIA Le han demandado a usted an Is corte. Si usted quiere defenderse de estas demandas expuestas an las paginas siquientes, usted tiene viente (20) dial de plazo al partir de la fecha de la demands y la notificacion. Usted dabs presentar una apariencia eacrita o an persona o por abogado y archivar on la corte on forma eacrita sus defensas o sus 4 objeciones a las demandas an contra de ou persona. Sea ! avisado qua si usted no as difiende, Is corte tomara medidas y puede entrar una orden contra usted sin previo aviso o i notificacion y por cualquier queja o alivio qua as pedido an la peticion de demands. Usted puede perder dinero o sus propeidades o otros derechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Court House 4th Floor Carlisle, PA 17013 Telephone: (717) 240-6200 VIA, i VIOLET L. ROSENBE.RRY, formerly : IN THE COURT OF COMMON PLEAS Known as Violet L. Richcreek, : OF CUMBERLAND COUNTY, PA Plaintiff VS. MELVA RICHCREEK and HOMER S. RICHCREEK, III, Defendants NO. 99-6215 CIVIL TERM CIVIL ACTION - LAW IN EJECTMENT DEFENDANT'S HOMER S. RICHCREE.K, ANSWER WITH NEW MATTER 1: 6. Admitted 7. Admitted in part and denied in part. Admitted that Defendant, Homer S. Richereek, notified Plaintiff that the taxes had not been paid. Denied that Defendant, Homer S. Richcreek, failed to pay the real estate taxes. On the contrary, Defendant Homer S. Richereek set aside monies for his wife, Defendant Melva Richcreek, to pay the taxes from the parties checking account and did not discover that his wife failed to pay the taxes until alter the parties separated. By way of further answer, Defendant avers that his wife purposely concealed the fact that the taxes were not made because she used the monies for her own personal use, enjoyment and gain. As set forth in Defendant's New Matter herein, Defendant Melva Richcreek is the party primarily liable for such damages, and is liable over to defendant by way of contribution and/or indemnification, for all such damages as may be required to pay to plaintiff. 8. Defendant incorporates by reference herein his answer to paragraph 7 above. 9. Admitted in part and denied in part. It is admitted that Defendant Melva Richcreek breached the lease by failing to make payment under the terns of the agreement. Denied that Defendant Homer Richcreek is bound to the new lease terns because he advised Plaintiff that he no longer resides at the premises and that he would no longer obligate himself to lease the premises. By way of further answer, Defendant Melva Richcrcek is receiving spousal and child support from the defendant and by her actions it can be inferred that she agreed to continue the month to month lease under the now terms to commence in August of 1999. 10. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in Paragraph 10 of Plaintifrs Complaint and therefore denies the allegations thereof. Strict proof will be demanded at time of trial if the same be material. By way of further answer, Defendant Melva Richcrcek is solely liable for the rent payment. 11. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to forma belief as to the truth or falsity of the averment contained in Paragraph I I of plaintiff's Complaint and therefore denies the allegations thereof. Strict proof will be demanded at time of trial if the same be material. By way of further answer, Defendant Melva Richcrcek is solely liable for the rent payment. 12. Denied. Alter reasonable investigation, Defendant is without knowledge or x;F w3' z1i{1 ?? information suf icient to form a belief as to the truth or falsity of the averment , contained in Paragraph 12 of Plaintiff's Complaint and therefore denies the ' 'j allegations thereof. Strict proof will be demanded at time of trial if the same be material. By way of further answer. Defendant Melva Richcrcek is solely liable for r the rent payment. 13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in Paragraph 13 of Plaintifl's Complaint and therefore denies the allegations thereof. Strict proof will be demanded at time of trial if the same be material. By way of further answer, Defendant Melva Richcreck is solely liable for the tax payment. 14. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in Paragraph 14 of Plaintiffs Complaint and therefore denies the allegations thereof. Strict proof will be demanded at time of trial if the same be material. By way of further answer, Defendant Melva Richcreek is solely liable for the tax payment. 15. Denied. Afler reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in Paragraph 15 of Plaintiffs Complaint and therefore denies the allegations thereof. Strict proof will be demanded at time of trial if the same be material. By way of further answer, Defendant Melva Richcreck is solely liable for the sewer and refuse payment. 16. Admitted. COUNT 1- F IBCTMF.NT 17. Paragraphs I through 16 of Defendant's, Homer Richcreck, answers are incorporated by reference as though set forth herein. 18. Admitted in part and denied in part. Admitted that a timely cure has not been made by Defendant Melva Richcrcck. Denied that Defendant I lomer Richcrcek has refused to surrender possession. On the contrary, Defendant Homer Richcrcck no longer resides at the premises and makes no claim of possession. By way of further answer, Defendant avers that Defendant Melva Richcrcck is liable over to him by way of contribution and/or indemnification, for all such damages as may be required to pay to plaintiff WHEREFORE„ Defendant demands judgment that, if there is any liability to Plaintiff, Defendant Melva Richreek is solely liable to Plaintiff, or, in the alternative, in the event that a judgment is recovered by Plaintiff against Defendant Homer Richcrcek, that Defendant may have judgment over and against Defendant, Melva Richcrcek, by way of indemnification and/or contribution for the amount recovered by Plaintiff against Defendant, together with costs. COUNT 11- MONETARY DAMAGES 19. Paragraphs I through 18 of Defendant's, l lomer Richcrcck, answers are incorporated by reference as though set forth herein. 20. Denied. The allegations of Paragraph 20 of Plaintiffs Complaint are legal conclusions to which no answer is required. To the extent an answer may be appropriate, these allegations are denied, and Defendant avers, on the contrary, that Defendant Melva Richcrcck is liable over to him by way of contribution and/or indemnification, for all such damages as may be required to pay to plaintiff. WHEREFORE, Defendant demands judgment that, if there is any liability to w? Plaintiff, Defendant Melva Richreek is solely liable to Plaintiff, or, in the alternative, in the event that u judgment is recovered by Plaintiff against Defendant Homer Richcreek, that Defendant Homer S. Richcreek may have judgment over and against Defendant, Melva Richcreek, by way of indcmnification and/or contribution for the amount recovered by Plaintiff against Defendant, together with costs. NEW MATTER PURSUANT TO PA. R.C.P. NO.2252(dl 21. Defendant, Homer S. Richcreek, asserts this new matter pursuant to Pa.R.C.P. No. 2252(d) and joins Defendant Melva Richcreek as an additional defendant in this action on the following basis: 22. If Plaintiff establishes that she suffered damages as alleged in her complaint, which allegations answering Defendant denies with regard to any personal obligation incurred by him, said damages were caused solely by the Additional Defendant by her acts and/or omissions in that she failed to pay the monics allocated by Defendant Homcr S. Richcreek and deposited into the parties joint checking account for the purpose of paying the rent, taxes, insurance and utilities; and instead, used these monics for her own personal use, enjoyment and gain. 23. As a result of the aforesaid actions and/or omissions, Additional Defendant, Melva Richcrcck, is solely liable to Plaintiff for any alleged damages she may have suffered. 24. If as a result of the matters alleged in Plaintiff's complaint, Defendant is held liable to Plaintiff for all or part of such damages as she may have sustained, Additional Defendant is the party primarily liable for such damages, and is liable over to Defendant by way of contribution and/or indemnification, for all such damages as may be required to pay to Plaintiff. 25. In the alternative, if as a result of the matters alleged in Plaintiffs complaint, Defendant is held liable to Plaintiff for all or part of such injuries or damages as Plaintiff may have sustained, Additional Defendant is jointly and/or severally liable to Plaintiff based upon the fore-going allegations for such injuries and damages and liable over to Defendant by way of contribution for all such damages Defendant may be required to pay to Plaintiff. 26. As a result of the same transactions upon which Plaintiffs cause of action is based, Additional Defendant is liable directly to Defendant in that she appropriated monies that were to be used to pay the claims listed in Plaintiff's complaint and then concealed from Defendant that these payments had not been made. WHEREFORE, Defendant Homer S. Richcreck demands: a. Judgment that, if there is any liability to Plaintiff, Additional Defendant Melva Richcreek is solely liable to Plaintiff. b. In the event that a judgment is recovered by Plaintiff against Defendant Homcr Richcreek, that Defendant may have judgment over and against Additional Defendant, Melva Richcreek, by way of indemnification and/or contribution for the amount recovered by Plaintiff against Defendant, together with costs. Stephe K. Portko, Esquire #34538 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Defendant Homcr S. Richcrcek .. .. VERIFICATION Is HOMER S. RICHCREEK, hereby acknowledge that I am a Defendant in the foregoing Answer With New Matter to Plaintiff's Complaint, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Homer S. Richoreek Dates 11/24/99 VIOLET L. ROSENBERRY, f/k/a Violet L. Richcreek, vs. MELVA RICHCREEK and HOMER S. RICHCREEK, III, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA NO. 99-6215 CIVIL TERM s CIVIL ACTION - LAW IN EJECTMENT OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S, HOMER S. RICHCREEK, ANSWER WITH NEW MATTER was provided by U.S. Mail; postage prepaid, first class, to the following: Robert Peter Kline, Esquire 331 Bridge Street, Suite 350 New Cumberland, PA 17070-0461 Nora F. Blair, Esquire Post Office Box 6216 Harrisburg, PA 17112-0216 Melva M. Richcreek 519 Herman Avenue Lemoyne, PA 17043 Date: I I/Z`7??jT ? II BY``y yi Stephen K. Portko at ` ' s d T .. to .' (j cn '. ON U. r?2r w l? n? d ''T J f kl c c. 0 i r > o C;r { VIOLET L. ROSENBERRY, formerly known as Violet L. Richcreek, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 99-6215 CIVIL TERM MELVA RICHCREEK AND HOMER S. : CIVIL ATION - LAW RICHCREEK, III, : IN EJECTMENT Defendants ANSWER TO NEW MATTER OF HOMER S. RICHCREEK, III 21 - 26. The allegations raised by Defendant Homer S. Richcreek, III, in his New Matter address claims against Defendant Melva Richcreek. As said claims do not specifically address the Plaintiff, no response is required. However, in the event that a response is required, the allegations raised by Defendant Homer S. Richcreek, III are denied. Plaintiff's position is that both Defendants arejointly and severally liable for all damages to the real property until such time that possession is surrendered to Plaintiff. The fact that Defendant Homer S. Richcreek, III, has chosen to vacate the premises does not in any way affect, or relieve him from, his obligation to Plaintiff. WHEREFORE, Plaintiff, Violet L. Rosenberry, formerly known as Violet L. Richcreek, respectfully requests judgment in her favor and against both Defendants, Melva Richcreek and Homer S. Richcreek, III. 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer to New Matter of Homer S. Richcreek, III, upon Defendants by depositing same in the United States Mail, first class, postage pre-paid on the ]3±L day of December, 1999, from New Cumberland, Pennsylvania, addressed as follows: Stephen K. Portico, Esquire Bratic & Portko 101 Office Center, Suite A 101 South U.S. Route IS Dillsburg, PA 17019 Attorney for Defendant Homer S. Richcreek, III Nora F. Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 Attorney for Defendant Melva Richcreek 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070.0461 (717) 770-2540 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Answer to New Matter of Homer S. Richcreek, III, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. r iz fS`Olq Date IOLET L. R SENBE Y ,^ f i I1 :I .1` t? ' t)x3 , 2 F4??' , 4 yak tr'?}^ r3?x, kt.hi f r: s, PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) -, TO THE PROTHONOTARY OF CCtMMAND OOUNN Please list the following cases i; (Check one) ( ) for JURY trial at the next term of civil court.. (X ) for trial without a jury. r11 ----------------------------------------- CAPTION OF CASE (entire caption roust be stated in full) (check one) VIGLI'T L. RO:iEIIPERRY, formerly knov,n a:a Violet I.. Pichcreelc, ( X) Civil Action - Law-Ejectment r" Damagea ( ) Appeal from Arbitration (other) VS. (Plaintiff) :Oil'.L',;- R'UWRr:M And iI01-M ^. klC;l'??fiRF1C, TI7, The trial list will be called on and Trials comwnce on vs. (Defendant) Pretrials will be held on (Briefs are due 5 days before pretrials.) (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. 1•9-A215 Civil ; orm 19 Indicate the attorney who will try case for the party who files this praecipes Robert P. :Tine,, 'nnui.re, P.O. l:ox 461, Pew C'umber1an(', 17')7)-nAF1 Indicate trial counsel for other parties if known: '' or.A F. Dl n 1r, ' rm:i re, P.O. T*ox G21(), r.rrirhiirr, .'.. 1711'-^^1G "or ''elt'a !•ithcreek; Stephen K. Portko, Esquire, 1n1 South U3 Route 15, Pillsburr, PA 170111 for Isomer S. Itichcreek, III This case is ready for trial. Date: _ 21 Dec- 1CR9 Signed: Print Name: ROBERT P. KL1111o:, ESQUIRE Attorney fors Violet L. Rosenberry, Plaintirf VIOLET L. ROSENBERRY, formerly : IN THE COURT OF COMMON PLEAS known as Violet L. Richcreck, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO. 99-6215 CIVIL TERM MELVA RICHCREEK AND HOMERS. : CIVIL ATION - LA W RICHCREEK, III, : IN EJECTMENT Defendants PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter default judgment for possession of the premises located at 519 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania, and for monetary damages in favor of Plaintiff, VIOLET L. ROSENBERRY, formerly known as Violet L. Richcreek, and against Defendant, MELVA RICHCREEK, by default for Defendant's failure to file an answer to Plaintiffs Complaint against the Defendant. Please assess damages as follows: 1) Rent due through December 1999 $2,450.00 aid by Plaintiff 2) == 1,596.62 3) paid by Plaintiff e 261.00 4) Sewer and trash charges paid by Plaintiff 157.58 5) Court costs (anticipated and actual) 63.25 Total $ 4,528.45 I hereby certify that written notice of the intention to take a default judgment was mailed or delivered to the party against whom judgment is to be entered and to her attorney of record, if any, after the default occurred and at least 10 days prior to the date of the filing of this pmccipe. A copy of the notice of intention to enter judgment by default is attached hereto as Exhibit "A". Respectfully submitted, i? ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff ASSESSMENT OF DAMAGES AND NOW, this -?y of December, 1999, judgment is entered in favor of the Plaintiff, VIOLET L. ROSENBERRY, formerly known as Violet L. Richcreek, and against the Defendant, MELVA RICHCREEK, by default for want of filing an answer to Plaintiff's complaint for possession of the premises located at 519 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania, and for monetary damages assessed at the sum of $4,528.45, as per above statement. VIOLET L. ROSENBERRY, fortnerly known as Violet L. Richcreek, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO. 99-6215 CIVIL TERM MELVA RICHCREEK AND HOMER S. : CIVIL ATION - LAW RICHCREEK,111, : IN EJECTMENT Defendants TO: Melva Richcreck and Nora F. Blair, Esquire, her attorney DATE OF NOTICE: November 18, 1999 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TMS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL IIELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249.3166 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070.0461 (717) 770-2540 Attorney for Plaintiff Exhibit "A" Page 1 u. C7 m "j ON CJ CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Default Notice upon Defendant by depositing some in the United States Mail, first class, postage pre-paid on the 18th day of November, 1999, from New Cumberland, Pennsylvania, addressed as follows: Melva Richcreek 519 Herman Avenue Lemoyne, PA 17043 Nora F. Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 Attorney for Defendant Melva Richcrcek ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070.0461 (717) 770-2540 Attorney for Plaintiff Exhibit "A" Page 2 Si try M y? Itl V LLlU' 1F??4 . (.3 cp . U cp 2 ?v s. s Hwyy Y x: 4- r',1 v, ;'Yt VIOLET L. ROSENBERRY, : IN THE COURT OF COMMON PLEAS, formerly known as Violet L. :CUMBERLAND COUNTY, Richcreek, : PENNSYLVANIA Plaintiff :NO. OM215 CIVIL TERM V. : CIVIL ACTION -LAW MELVA RICHCREEK and : IN EJECTMENT HOMERS. RICHCREEK, III, Defendants ANSWER TO COMPLAINT AND NOW comes Melva Richereek by and through her attorney, Nora F. Blair, Esquire, files this Answer To Complaint, and in support thereof avers as follows: r.• ;.? _ii 1. Admitted. '= nl? c 2. Admitted. ?- 3. Admitted 4. Admitted 5. Denied. It is specifically denied that the agreement was simply a lease agreement on a month-to-month basis. To the contrary, Plaintiff and Defendants entered into a verbal agreement that the arrangement was a sales agreement so that eventually Defendants would become the owners of said real estate. 6. Denied as stated. it is specifically denied that the premises were leased on a month-to-month basis. To the contrary, the arrangement was a sales agreement. It is admitted that the monthly payments were set at $300.00 per month and that Defendants were to pay the real estate taxes, hazard Insurance and all utilities on said real estate. Further, Defendants agreed to be responsible for all maintenance under this sales agreement. 7. Admitted in part. Denied in pail. While it is admitted that Defendants had not paid certain real estate taxes as of June, 1909, it is specifically denied that it was necessary for Plaintiff to make payments to the Tax Claim Bureau. Defendants had indicated to Plaintiff that they would make sure that the taxes were paid. 8. Admitted in part. Denied in part. While it is admitted that the hazard insurance policy premium was not paid, Defendants assured Plaintiff that they would make payments on said hazard insurance. 9. Admitted in part. Denied in part. It is specifically denied that Defendants breached the agreement with Plaintiff. To the contrary, Defendants intended to make the payments necessary pursuant to the sales agreement. It is admitted that plaintiff advised Defendants that the monthly payments would increase to $500.00 per month effective August 1, 1999. 10. Denied as stated. It is admitted that payment in the amount of $200.00 was paid for the month of July, 1090. It is specifically denied that said amount was for rent. To the contrary, said payment was made pursuant to the sales agreement between Plaintiff and Defendants. 11. Denied as stated. It is admitted that payment in the amount of $ 150.00 was made for the month August, 1999. It is specifically denied that said amount was for rent. To the contrary, said payment was made pursuant to the sales agreement between Plaintiff and Defendants. 12. Admitted with explanation. It is admitted that no payments have been made by Defendants to Plaintiff since August, 1999. Said payments stopped because it became apparent that Plaintiff had no intention of honoring the sales agreement between Plaintiff and Defendants. 13. Admitted. 14. Admitted. 15. Admitted. 16. Denied as stated. It is admitted that a letter dated October 8, 1999 was sent by Plaintiffs counsel to Defendants. The letter speaks for itself with respect to content. COUNT I - EJECTMENT 17. The answers to paragraphs 1 through 16 are incorporated herein by reference. 18. Denied as stated. It is admitted that Defendant, Melva Richcreek has not vacated the premises. It is specifically denied that this is a landlord/tenant matter where the agreement entered into between Plaintiff and Defendants was a sales agreement. COUNT II - MONETARY DAMAGES 19. The answers for paragraphs 1 through 18 are incorporated herein to by reference. 20. Denied. It Is specifically denied that there was an oral lease agreement. To the contrary, the agreement between Plaintiff and Defendants was a sales agreement. It is specifically denied that damages are owed to Plaintiff. To the contrary, the sales agreement Defendants plan to make payments pursuant to the sales agreement. WHEREFORE, Defendant Melva Richereek respectfully requests that judgment be entered in her favor and against Plaintiff. Respectfully Dated: o F. Blai' Su deme Court ID 45513 5440 Jonestown Road Post Office Box 0218 Harrisburg, PA 17112-0210 (717) 541-1429 Fax (717) 541-1428 VERZCAnON I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. VIOLET L. ROSENBERRY, : IN THE COURT OF COMMON PLEAS, formerly known as Violet L. : CUMBERLAND COUNTY, Richcreek, : PENNSYLVANIA Plaintiff : NO. 99-6215 CIVIL TERM V. : CIVIL ACTION - LAW MELVA RICHCREEK and : IN EJECTMENT HOMER S. RICHCREEK, III, Defendants CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Answer to Complaint on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Robert P. Kline, Esquire Kline Law Office 331 Bridge Street, Suite 350 Post Office Box 401 New Cumberland, Pa 17070-0401 Date: November 24, 1099 Respectfully subm na L. VIOLET L. ROSENBERRY, Plaintiff V. MELVA RICHCREEK and HOMER S. RICHCREEK, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 99-6215 CIVIL TERM CIVIL ACTION - LAW IN RE: PRETRIAL CONFERENCE AND NOW, this 9th day of February, 2000, by agreement of the parties, it is ordered and directed that judgment for possession is entered in favor of Plaintiff and against Defendants, Melva Richcreek and Homer S. Richcreek. The Defendants are directed to vacate the property on or before March 31, 2000. If they are not out of the property by said date, a writ of execution for possession may issue forthwith. Provided that the Defendants vacate the premises without the need for the issuance of a writ of execution for possession, Plaintiff has indicated her willingness to waive her claim for monetary damages against the Defendants. If a writ of possession needs to be issued for the premises, we will schedule another hearing on the issue of monetary damages at the request of Plaintiff. By the Court, Robert P. Kline, Esquire Nora F. Blair, Esquire Stephen K. Portko, Esquire I;KS Court Administrator :mae a .? y-o a t?' :''iY 00i'E'I! f?iilil:6n? L4 .? !? .IS r. F:J Li ..:f?lY