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99-06451
>j 4 ii n ? ¢ S Z s] 1 ii?Xq t. -s Yy.r t a i n iiv YIl F X 1 t + Y f t} i t r .. t Sty a? Q r ,` { F ¢ r 3 .. , Ut, ? . +ti'Q'Ef t*RT ? s # x -*M Skie + ? . j r r ? n a?1 -1 r-a &ytex ' to _ ?:y t X¢wt ? y1?, ?? Yi k { Y i N? b n y a U F yr manna r a,wn.w NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON ?LIAS Na 9 (2- & '/C-/ I NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the date and in the case mentioned below "W OF APPELLAM DIST NO 04 HAW UF DJ Brian & Yvonette Hill 09-3-02 hW OF Ate' I r A 4 Apache Dr., Indian Springs I•lanor, Shippensburg, PA 17257 X11 " CAM OF Of A10014ENT I U9-23-99 Hoover,James & Debbie v. Hill,v!lrian ct al. AMLIAS11 01 NS ATIORRY UN N ?101 Of CV 193 LT 19 Lj..!; - A9 This block will be signed ONLY when this rotation is required under Pa. R.C.P.J.P. No If appellant was CLAIMANT (see Pa. R.C.P.JA No. 1008a This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Jwtlee, he MUST SUPERSEDEAS to the judgment for possession in this case 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 Fb. R.C.P.JP. Na 1001(7) in action before District Justice 1F NOT USED, dolach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary James and Debbie Hoover Enter rule upon , appellee(:), to Fk a complaint in this capped n n rusna d e(pMkrols! ( ) within twenty (20) days after w e o le or svf ry of ' of non pres. (Common Pleas No 9q - Lys, I V IN-(- James and Debbie Hoover spsrue of srnesaw or la money or epme RULEi To , appellee(:). (1) You am 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 moil (2) If you do rot fib a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (0) The date of service of this rule 9 service was by mail is the date of mailing Daft: , 19? f ACK 317-e1 COURT FILE TO BE FILED WITH PROTHONOTARY N N ri cl-i N t,l ?- 0 CY' CYN (-2 ?l2 n ?4 I I ? D a0. 6i, uo sai!dvo uoissnuwo3 AVI l.ly!)G 1o 01114 4e% I opals W ayM B/oluV II'f 1(JO 10 B VUlu ft )uugla to ain)audiS -6t ' - 10 AVO SIHl 3W 3won© O3amosons C1NV (o3WHIdjV) NUOMS alaaq pogaullu Idlo3w s,(apuas glaw (po:ulsl6ol) (pailgmo) Aq ? 031Mas Iuuoslod Act C] -61 uo possalppe sum olny oql wogm of (s)oollodde agl uodn luodd V {o 031IoN 3Aogt agl 6ulAucdwo33e lulu ldwoo a oll j of al nH agl poAJaS 11egIJ040nl pue 010404 pog3olle Idleow s,jepues 'pew (Po/alsi0ai) (pa!IlUoo) Aq C] oolAjas leuorlod Aq [] -61 ' uo ` - (ou/eu)'aalladde ail uodn put olaloq pag3elle Idla3a) S,lapuos 'Ilew (polalsleal) (pall!lin) Aq E] o3!uas leuoslod Aq p ' - - (womlas to olop) uo ulalogl poleu6lsop 031janp 1oplslo ogt uodn ' ON seald uowwoo 'IueddV 10 031IoN agl to Ado3 u C] paAIas I le(4l wAUpu to tams Agaiog 1 :11AVOI:a/ .. AO ALNno0 VINVAIASNN3d i0 HllV3MN0Vf"03 (seroq elquopdde pogo loodds to e:)gou oq) 6u/pl d31 dV SA VO (01) N31 NIH11M 03'iu 3A ism oomitis to lod(d slgl) 1NIVIdW00 311: 01 31nu ONV IV3ddd :0 30110N :O 301AH3S :0 d00Hd r COMMONWEALTH OF PENNSYLVANIA COl1NTY nF• CUMBERLAND 40 09-3-02 DJ Nam• NM HELEN B. SHULENBERGER P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA r.roro•. (717) 776-3187 17241 NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME &M ADDRESS _ (HOOVER, JAMES 8 DEBBIE 49 MOUNTAIN LANE NEWBURG, PA 17240 L VS. DEFENDANT: NAME sW ADDRESS (HILL, BRIAN, ET AL. 633 BRANDY RUN ROAD NEWVILLE, PA 17241 YVONETTE HILL L J 633 BRANDY RUN ROAD DocketNo.: LT-0000125-99 NEWVILLE, PA 17241 Date Filed: 9/13/99 A.% THIS IS TO NOTIFY YOU THAT: JNdgment: FOR PLAINTIFF ?X Judgment was entered for: (Name) HOOVER, JAMES a DEBBIE Judgment was entered against HILL, YVONETTE In a LandlordlTenant action in the amount of $ 1,769.15 on 9/23/99 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 675.00, The total amount of the Security Deposit is $ 675.00. Total Amount Established by DJ Less Security Deposit Applied Adjudicated Amount Rent In Arrears $ 1.687.50 -$ .00 $ 1.687.50 Physical Damages Leasehold Property $ -00-$ .00 $ .00 Damages/Unjust Detention $ -00-$ _ 00 $ -nn Attachment Prohibited/ Less Aml Due Defendant from Cross Complaint - $ .00 ? Interest (if provided by lease) $ -00 Victim of Abuse (Act 5, 1996) Ur Judgment Amount $ 1 , 9R7.9n ? This case dismissed without prejudice. Judgment Costs $ AT _ 65 Attorney Fees $ -on ® Possession granted. Total Judgment $ 1,769.15 ? Possession granted it money judgment is not satisfied by time of eviction. ? Possession not granted. ? Defendants are jointly and severally liable. ? Levy is stayed for days or ? generally stayed. ? Objection to Levy has been filed and hearing will be held: ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOLVING A RESIDENTIAL LEASE AND AFFECTING THE DELIVERY OF POSSESSION OF REAL PROPERTY WITHIN 10 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYXLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. IN ORDER TO OBTAIN A SUPERSEDEAS, YOU MUST DEPOSIT WITH THE PROTHONOTARY THE LESSER OF 3 MONTHS RENT OR THE RENT ACTUALLY 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 TWPROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOURVOTICE OF APPEAL. -W mmn n;clrirl . luclirn I certify Mat Ns Is a true an correct copy o the record o Me proMe Ings contalnmg l Me lug nt. Date , District Justice My commission expires lirst Monday of January, 2000. SEAL • cv•A. COMMONWEALTH OF PENNSYLVANIA r.nl INTV nG• CUMBERLAMn 09-3-02 DJ NAM No" HELEN B. SHULENBERGER A"' P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA r,rp,,,,. (717) 776-3187 17241 YVONETTE HILL 633 BRANDY RUN ROAD NEWVILLE, PA 17241 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME AM ADDRESS rHOOVER, JAMES 8 DEBBIE -71 49 MOUNTAIN LANE NMURG, PA 17240 L J VS. DEFENDANT: NAME AM ADDRESS rH L -1 I L, BRIAN, ET AL. 633 BRANDY RUN ROAD NEWVILLE, PA 17241 L J DockelNo.: LT-0000125-99 Date Filed: 9/13/99 THIS IS TO NOTIFY YOU THAT: Judgment: FOR ' PLAINTIFF ® Judgment was entered for: (Name) HOOVER, JAMES & D Judgment was entered against HILL, BRIAN ® Landlord/Tenant action in the amount of $ 1.769.15 on 23 The amount of rent per month, as established by the District Justice, Is $ The total amount of the Security Deposit is $ 675.00, in a 99 (Date of Judgment) 675.00. Total Amount Established by DJ Less Security Deposit Applied Rent in Arrears $ 1.687.50 - $ .00 Physical Damages Leasehold Property $ - 00 - $ -00 ° Damages/Unjust Detention $ 00 -$ .00 = Attacninent Prohibited/ Less Amt Due Defendant from Cross Complaint - ? Victim of Abuse (Act 5, 1996) Interest (if provided by lease) UT Judgment Amount ? This case dismissed without prejudice. Judgment Costs Attorney Fees ?X Possession granted. Total Judgment ? Possession granted if money judgment is not satisfied by time of eviction. Adjudicated Amount $ 1,687.50 $ .00 $ nn $ .00 $ _00 $ 1, 6R7_Sn $ A1.6S $ _00 $ 1,769.15 ? Possession not granted. ? Defendants are jointly and severally liable. _ ? Levy is stayed for days or ? generally stayed. ? Objection to Levy has been filed and hearing will be held: ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOLVING A RESIDENTIAL LEASE AND AFFECTING THE DELIVERY OF POSSESSION OF REAL PROPERTY WITHIN 10 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. IN ORDER TO OBTAIN A SUPESSEDEAS, YOU MUST DEPOSIT WITH THE PROTHONOTARY THE LESSER OF 3 MONTHS RENT OR THE RENT ACTUALLYIN 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 PR6THONOTARYICLERK OF.'000RTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. ' YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTlTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. Date r /.. District Justice Date , District My commission expires first Monday of January, 2000. SEAL 1,AA o CC VWIALTtt Of PINNSTLVANIA COURT Of COMMON ?LtAS r JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON?LIAS No 9 2- ?. w-li NOTICE OF APPEAL Notice is given that the appellant has riled in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below briau 6 Yvonette 11111 Uy-A-U2 lr STATE ZIP CODE 4 Apache I)r. , Indian Sprin),n !!ar,or, Shl.ppws; burl„ PA 17-1S7 n) r 00-23-99 Iioovcrw.Iit in e/, S U..•bble• v. if 111, .3rIait ct aI. CLAW NO WiNATuil OF A14111" 011 KS A N CV 19. LT 19 ins -ry This block will be signed ONLY when this notation is required under Pa. R.CPJP. Na If appellant was CLAIMANT (see Pa. R.C.P.JP. No. This is Notice of Appeal, when received by the District Justice, will operate as a 1001(6) In action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after ipWtum o f/ialofary or Deputy tiling 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 Prothoraiary Jar's alW Ueb!?tp lioover . Enter rule upon appellee(s), to file a complaint in this appeal A0rne or &Ao~s) (Common Pleas No 99 - !I,(/ t., 1 within twenty (20) days after service of-rule or suf .frilry of?u?gnent of non pros. 1amuu and !1 ti•hb1e lionvrt j Spssture of sgposeW a to si"W yasport RULES To , oppellee(s). Nsra of Mwtuels) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (9) The date of service'of this rule if service was by mail is the date of nailing , ? ?7 _ C ? ! •° - ?r".'.' 7 'Y. i ?? ) ???''.. Date: ? C ?? rl x , 1,9 _ l s wurv a Fawa+omy Dotty , rOPC 311-e4 COURT TILE M ' PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (IU) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF.S1tmber-1ATi :as AFFIDAVIT: I hereby swear or affirm that I served LXi a copy of the Notice of Appeal, Common Pleas No. -99=6451_ . upon the District Justice designated therein on (date of service) 10/29./19 , ? by personal service f25 by (certified) (registered) mail, senders receipt attached hereto, and upon the appellee, (name) Jlmes & Debbie hoover , on in / 27 . 1999 ? by personal service M by (certified) (registered) mail, sender's receipt attached hereto, X and further that I served the Flute to File a Complaint accompanying the above Notice of Appeal upon the appellea(s) to whom the Rule was addressed on 10 / 27 , 199, ? by personal service by (ceryied) (registereo) mail, senders receipt attached hereto. )) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME? / THIS P DAY OF 19 t `Signature of atfient !we of ofnUA/ ce!we whom efOyAnt WA title ofeftial" ?,.r my commission oApkes on 0 it J SENDER: I also wish to receive the follow- a cm0016 "" t andbr 21a nfooo„111 "N e, Inn servhes (for an extra fee): , C9ne41e lame 7.411. and 40. a Pmt your ,amii wd efeee m er Maine Of me tam w 1110 we cart rnun tie' ' card to you, 1, O Addressee s Address o Anna en iamb On sat of 11w mrtpna, a m er bnk d spite. does rot 2. O Restil Delivery .? over" 'Aeon Retwp APqu Fed'mer mrbece bnower ands motet. C G It TM Rnun RSC@o WA now to Mom n» nuW wo Mwend end the ate M 3. Article Addressed to: 4a. Article Number 67 141 y JAMES AND DEBBIE HOOVER 4b. Sem ype f 49 MOUNTAIN LANE ?rNied [3 Registered t NEWBURG PA 17240 O OExpress Mail insured netum neceipt lot McMChnxaee O COD 7. D e of Delive t 5. Received By: (Print Name) 8. Addressee's Address (only it requested and 5 F lee is paid) F ' y t SI ture ( ress or Agent) ? f PS ortn 3811, Dec bar 1994 192M 99 aoud Domestic Return Receipt EN DER: I also wish to receive the follow. Z for aOdtaM10,eMnce,. CaM: n.me t a Irtp services (la an extra lee): a. end b PWrim y&, yw a xems s, eMN u• lo. o PM eddreu m the reveres of mrlain w ttul wa can Mnum Ito at card I* you. 1. O Addressee's Address O Attach Vu Iorm to er hurl of IM Mnalpun. a m ft nmt back d spec d,n not 2. O Restricted Delivery 5 g 5 p . num Mbw er anW nnbr. p o m l J f C The RM C90 WV 0 the AnKM o The Rnum Recwi ,now t to ehw arpda was rAVn oeWned aM IM Dale l G deWNM i 3. Article Addressed to: 4a. Article Number yYT o, Honorable Helen B. z 119 n69 ILn F Shulenberger, District Just b rvlceType elated d ?r 27 W Big Spring Avenue insure ? Express Mail ? insured g Newville, PA 17241 RelumReceipt for Mercfnndss Ocoo b 7. Date of Delivery ? dd/7 -z 9 - l 4 . Received B: (P Name) yM 8. A Add re If requesfadand ss (0 (Lk lee is paid) 8. Slpn lure ddr see Apenl w PS Form 3811, December 1994 10259599 8-0223 Domestic Return Receipt RS ?r V 44? u]}y R ; v U G`- U) t 1 ? 1 _ IL (.? _J 0 t a N n y Zz ?1 5 < N W? Q J a w Q u a mm v? Zi a Q • i ?? ? • 1 )c i N d1 e 3 !- O Q W ° b ? Q ? a yy ? z o i m v 1 ( ti IN THE COURT OF COMMON PLEAS OF CUMBELRAND COUNTY - PENNSYLVANIA James Hoover and Debbie Hoover, husband and wife, Plaintiffs No. 99-6461 4.11S/ Civil Action - Law V. Brian Hill and Yvonette Hill, husband and wife, 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 ANY OTHER CLAIM FOR 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 1-800-990-9108 or (717)-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBELRAND COUNTY - PENNSYLVANIA James Hoover and Debbie Hoover, husband and wife, Plaintiffs V. Brian Hill and Yvonette Hill, husband and wife, Defendants : No. 99-646fi 6.y61 : Civil Action - Law COMPLAINT Now come the Plaintiffs, James Hoover and Debbie Hoover, husband and wife, by and through their Attorney, H. Anthony Adams, and sets forth the following: 1. Plaintiffs are James Hoover and Debbie Hoover, husband and wife, adult individuals, who reside at 49 Mountain Lane, Newburg, Pennsylvania. 2. Defendants are Brian Hill and Yvonette Hill, husband and wife, adult individuals, who reside at 4 Apache Drive, Indian Springs Manor, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiffs and Defendants on or about January 16, 1999 entered Into a lease agreement, a copy of which is attached hereto and made a part hereof marked Exhibit "A". 4. Defendants were to pay the Plaintiffs the sum of $675.00 per month but have failed to do so and on September 9, 1999 were in arrears in rent in the amount of $1,687.50. S. Defendants were to keep the premises in good condition absent ordinary wear and tear but have caused damage to the premises with an estimated cost of repair of $1,623.00. 6. Demand has been made for payment of the rent and damages but no payment has been made by or on behalf of Defendants. Wherefore, Plaintiffs pray your Honorable Court enter judgment In their favor and against Defendants in the amount of $3,310.50 together with costs of suit and Interest. Respectfully submitted, An ony ams, squire Attorney for Plalnti 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date '-M-W-w//-/a pP QW-4, ge-e? J Hoover r 'Er 6 1 f, LcrrBC 1'_7I'. F. 1.!'I?'J . t 1 1!E r. i N Vi IjIF' T I e), I Y" . L+ i H'C"• Etl'i1EiP+ ?firlEb t.. F6Lr 'uti:.iiun L. HGf:.vEic OF 633 bR%P+1?Y FUN rJ.:i IfEIt:1N GHLLEU "L•ESS':JF:" AND f.+Rif41NI Hlb ?'lLiNt_;_E??1i___ Mr_ritilNriFfEm CALLED "TENANT". 1v111JG'..rG .n i!Ylr f Irrr.. t'Ht',i lt:: fl?t,?'.IU. iN I'; T 0 do Lr.Cva_..i NUUf<u, nrMV.Elf C J?fvi :Vaq AGkEC AS FOl_LGWS: LESSOR c.?•,•Lci_• f-.,4:.!v1 ,r...:a itri•: c,d? ACL;:.NTS AS TEj%o4NT. LAS ...?11YOCr. ?•;,,<?• ?••,_i?_. _ ___ __ t. w .nt.rtk <t:.U'ltfti Li '.LEA$FL' ' _I .J1b L11,3 IC••igwJ bill' '..lfl'li'1iil7i J.?i r'n•?1IL .I'l1 ! U11 It-'C1 f' ?: ?? _i .._.. ? •. iv.' ? Y+l_l_ •- ?l _ i la T __?? ?_r`I lr_ i h t ?h. i J ?.I !' t_!?:) i ' + ' : f;u'i:r_. f';w.? Tcr :tJATE 1HLo nr_r, ?r ,l. ! •1 wL `1-IOU f'-. - .c:c i?,r '_ _. •, c. ._ i i.i _. i?r.f5 H'4KLUr- 1,1=. UP r,t.! •J-n•._ rn` ;:.... iu trn:- +r:i? (IU: _ch 7nr i•. Ttiitl 1-1 •. _.:t; i-, :! i>Ja-r cpi t:i-il l..i? iJtJ ';,.;, ,.t-,t%, tJr'•... _ f..1: i:..d i:i: i3!vc;J Et E:'ni'•. -?hT; fnE:J 'HE .r i`i .._ ?.: n:•? i.?!.•.1c°. !-;i :'..',, t:_ `1'_: t'.J!Sr-? il.i-i'L-_Y !", r.?vc ltl_L'li'-':JiV 'I 1'iG ?.;iSt. i .ri;'?:i r?I+ Ci.'f;u:T!GNa ?•an. t,iV?'i-i-.i5 Y _r_ :1Nf 5u C,N FF0f1 i i .... ^. ?.,F .L.:i M1E."Ii I_!f• THr. LGh :JCL x'.1..11 i Ji .l : 1-?:'. .\ L .. • t_ . 1.:^::'1 f 1._t aC i!^ THE. ribt:JJ!,. '.nJ15 D"r iVr1 ii _-!4__...??r ?.'A. . -10 3t .Ts.i?kt'r e R'. to NJi ?j t• ,fT3 4 Nil 'i r 1. , f ..: L?. ,_ ..'!•. ?. ft- D!-' :: ? .. 11 _I a'r'_ `+- 1 '-?. _t:_ r... _._.., _., ...:! ...L_.a•.7 i.: k..r ..? ? ?-r'"„ t 1111 Itt «(V 'N1 I(dtr::1 J1:1(:nt'.:•., T'•itt Y'Y+. h,?!.__ '"I r;'?: :'::Ab`ICi. ?t•_? !1Gr.Er!'iCW?! :J^: t;•/u (,I y ( TIJ is^. e. t,cC, 1.17 r.'! 'PA -i ME Dt, Ai l GA 1E F lh:ii r1gU'i t._ plhi 7 1?, r _. lJY1 e?e L- CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons in the manner Indicated below, by depositing a copy of the same In the United States Mail, Shippensburg, Pennsylvania, with first class postage prepaid as follows: John J. Baranskl, Jr., Esquire Harold S. Irwin, III Law Office Hitner House, Suites 201 and 202 35 East High Street Carlisle, PA 17013 Date: l I6 - Dawn M. Shoop Legal Assistant for H. Anthony Adams, Esquire 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 ' COMMONWEALTH OF PENNSYLVANIA rent IMTV nG- CUMBERLAND 09-3-02 DJ Name. Hon HELEN B. SHULENBERGER "Watts P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 TAapho": (717)776-3187 210. y Y. 6 y J LANDLORD AND TENANT COMPLAINT PLAINTIFF: NAME aM ADORES5 James & Debbie Hoover 49 Mountain Lane L Newburg, PA 17240 VS. DEFENDANT: NAME Ard ADORE SS r Brian Hill Yvonette Hill 633 Brandy Run Road L Newville, PA 17241 Docket No.: LT-1??-99 Date Filed: 09-13-99 mount ODateal 1 J J TO THE DEFENDANT: The above named plaintiff( asks judgment together with costs against you for the possession of real property and for: Lease Is ® Residential Q Nonresidential. El Damages for injury to the real property, to wit: Filing Costs $ 54.50 Service Costs $ PLUSS ranstahle F- Total $ in the amount of: $ F-I Damages for the unjust detention of the real property in the amount of $ ® Rent remaining due and unpaid on filing date in the amount of A, W $ 1,'isn_ nn ® And addit;onal rent remaining due and unpaid on hearing date $ a37.% THE PLAINTIFF FURTHER ALLEGES THAT: Total: $1176111 50 1. The location and the adr'ress, if any, of the real property is: 633 Brandy thin RnAd . Newvi 11 a PA 1 ?2 2. The plaintiff is the landlord of that property. 3. He leased or rented the property to you or to under whom you claim. 4. Notice to quit was given in accordance with law, or No notice is required under the terms of the lease. 5. F-I The term for which the property was leased or rented is fully ended, or ?A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: You are undesirable tenants for the reasons oft Not paying rent nn time And or, landlord wants to regain posse Sion of prnpyrty E( Rent reserved and due has, upon demand, remained unsatisfied. 6. You retain the real property and refuse to give up Its possession. 1, James Hoover verity that the facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. s statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C. S. § 4904), Q ling o unswo fal •ification authorities. 7C A ( ignat re o Plaintiff) (Plaintiffs Attorney) (Address) (Phone) IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises, which is in the district justice jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it on a complaint form at this office BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and lot damages and rent if claimed, may nevertheless be entered against you. A judgment against you for possession may result in your EVICTION from the premises. It you are disabled and require assistance, please contact the Magisterial District office at the ,e•eAA COMMONWEALTH OF PENNSYLVANIA rni IMTV nr:• CUMBERLAND 09-3.02 a, Nu * 1bn HELEN. B. SHULENBERGER AW,evs• P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA Tabwan, (717) 776-3187 17241 NOTICE OF JUDGMENT/TRANSCRIPi RESIDENTIAL LEASE PLAINTIFF: NAME AnCADOnFSS rHOOVER, JAMES & DEBBIE 49 MOUNTAIN LANE NEWBURG, PA 17240 L VS. DEFENDANT: NAME AnaADDnESS rHILL, BRIAN, ET AL. 633 BRANDY RUN ROAD NEWVILLS, PA 17241 HELEN B. SHULENBERGER L P.O. BOX 155 DocketNo.: LT-0000125-99 27 W. BIG SPRING AVENUE Date Filed: 9/13/99 NEWVILLE, PA 17241 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) HOOVER. JAMES & DEBBIE Judgment was entered against HILL YVONETTE in a ?X LandlordfTenant action in the amount of $ 1.769.15 on 23 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 675.00, The total amount of the Security Deposit is $ 675.00. Total Amount Established by DJ Less Security Deposit Applied Rent In Arrears $ 1, 687.50 - $ .00 ° Physical Damages Leasehold Property $ .00-$ .00 ° Damages/UnjustDetention $ .00-$- .00-n Less Anil Due Defendant from Cross Complaint - ? Attachment Prohibited/ Interest (it provided by lease) Victim of Abuse (Act 5, 1996) LIT Judgment Amount ? This case dismissed without prejudice. Judgment Costs Atl me Fees ® Possession granted. o y Total Judgment Adjudicated Amount $ 1.687.50 $ .00 $ DD $ 00 $ 00 $ 1,687.50 $ 81.65 $ _00 $ 1.769.15. ? Possession granted if money judgment Is not satisfied by time of eviction. ? Possession not granted. ? Defendants are jointly and severally liable. ? Levy is stayed for days or ? generally stayed. ? Objection to Levy has been filed and hearing will be held: r ' ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOLVING A RESIDENTIAL LEASE AND AFFECTING THE DELIVERY OF POSSESSION OF REAL PROPERTY WITHIN 10 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. IN ORDER TO OBTAIN A SUPERSEDEAS, YOU MUST DEPOSIT WITH THE PROTHONOTARY THE LESSER OF 7 MONTHS RENT OR THE RENT ACTUALLY IN ARREARgON 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`.FROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR IOTICE OF APPEAL. Data "-, District JIisllce car 1 y a this Is a rue an correc copy o 1e record o file procoe Ings containing i , Digstrict ct Justice[ Date D M commission expires first Monday of January, 2000. SEAL - A r 11...00 Uj Ol r.r+ :k } 1 JOHN J. OARANSKI, JR. ESQUIRE LAW OFFICE OF HAROLD 8. IRWIN, 111 28 EAST HIGH STREET CARLISLE, FA 17012 (717) 243-6089 JAMES HOOVER AND DEBBIE : IN THE COURT OF COMMON PLEAS OF HOOVER, husband and wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No. 9946451 BRIAN HILL AND YVONETTE HILL, : CIVIL ACTION LAW husband and wife, 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 an 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 1-800-990-9180 or (717) 249-3166 JAMES HOOVER AND DEBBIE HOOVER, husband and wilfe, PlalntlRs VIA BRIAN AND YVONETTE HILL, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :'No. 5546451 GIVILAUIIWN LAri ANSWER WITH NEW MATTER. AFFIRMATIVE DEFENSE SET-OFF and COUNTER-CLAIM AND NOW comes the Defendants, Brian Hill and Yvonette Hill, through their attorney, John J. Baranski, Jr., Esquire, and files this Answer with New Matter, Affirmative Defense and Counter-Claim and in support thereof, submits the following: 1. Admitted 2. Admitted 3. Admitted. 4. Admitted in part, denied in part. It is admitted that the lease agreements contemplates that the Defendants' were to pay $675.00 per month. It is denied that the Defendants' were in arrears in rent on September 9, 1999. By way of further response, Defendants Incorporate by reference the allegations contained in their New Matter with Affirmative Defense, Set-Off and Counter-Claim, below. z 5. Denied. Defendants are without sufficient information or knowledge to form a belief as to the truth of the Plaintiffs' allegations, said allegations are therefor denied and strict proof is demanded at trial. 6. Denied. By way of further response, Defendants incorporate by reference the allegations contained in their New Matter with Affirmative Defense, Set-Off and Counter-Claim, below. WHEREFORE, Defendants pray your honorable Court to enter judgment in their favor and against Plaintiffs for an amount in excess of $3,500.00, together with costs of suit plus interest. In addition, in the unlikely event the Court finds that the Defendants are in arrears, Defendants pray your honorable Court to credit Defendants $675.00 towards any rent arrearages for the security deposit given to Plaintiffs and not returned. NEW MATTER 7. Plaintiffs incorporate by reference Paragraphs 1 through 6 above as if set forth in their entirety. 8. On or about January 16, 1999, Defendants entered into a lease agreement with Plaintiffs regarding Defendants rental of a parcel of land and single family dwelling located at 633 Brandy Run Road, Newviile, PA 17241 (hereinafter referred to as the "premises'). 9. At the time of the signing of the lease, it was after nightfall and the premises was illuminated by only two or three lights bulbs. 10. At the time of the signing of the lease, Defendants were permitted only a cursory inspection of the premises. During this inspection, Plaintiffs indicated to Defendants that certain items, namely a broken window and the plumbing needed to be repaired and trash needed to be hauled away from the premises, yard and storage shed. Plaintiffs promised Defendants that Plaintiffs would return at a later date to make repairs and remove the trash, specifically: a. Plaintiffs agreed to repair a broken window on the premises, b. Plaintiffs agreed to remove trash and debris from premises, yard and the outside storage shed, and c, Plaintiffs agreed to repair the plumbing. 11. Defendants moved in to the premises on or about March 1, 1999. After moving into the premises and examining the premises more fully, Defendants discovered numerous other items in disrepair that had not been made known to them by the Plaintiffs at the time of the signing of the lease or during the inspection, specifically: a. The kitchen sink drained into a bucket under the sink and not Into a trap or any other suitable plumbing fixture and proceeded to drain directly into the ground beneath the premises. b. On numerous occasions, the water pipes below the premises froze cutting off the supply of water to the kitchen and the bathroom, c. On numerous occasions, the drain in the bathroom shower backed up, filling the shower with sewage, d. The water at the premises was unpotable with a foul odor and taste. e. Weather striping around the kitchen door and door at the rear of the premises was missing or inadequate, f. The weather striping and caulking on the upstairs bedroom windows was missing or inadequate. g. A kitchen cabinet was inadequately secured to the kitchen wall and the cabinet fell from the wall, damaging personal property of the Defendants, 4 h. The fuse box in the basement was improperly wired and to the best of Defendants' knowledge, was outdated, I. A wall sconce in the upstairs bedroom hung off the wall by its wiring, exposing the Defendants and their children to the risk of electrocution, j. None of the receptacles in the premises were polarized, k. Neither the kitchen nor the bathroom had ground fault interrupter switches Installed, 1. There were no smoke alarms in the premises m. A hole in the upstairs closet lead directly to the outside, n. Piles of trash, clothing and miscellaneous debris filled the upstairs closet, basement and outdoor storage shed, o. On numerous occasions, Defendants witnessed rats and other rodents running across the yard to and from the outdoor storage shed, p. The steps to the basement were missing, q. The exterior sheathing at the rear of the premises was exposed to the elements without insulation or exterior wall treatment of any kind, r. The kitchen pipes ran through a crawl space beneath the kitchen and were exposed to the elements and uninsulated, s. The propane for the kitchen stove was supplied by a gas grill bottle resting outside the premises on an overturned five gallon bucket. The propane was piped into the kitchen via a hole through the wall from the outside that was uninsulated, t. The carpeting, walls and wall coverings were stained, giving off an odor of animal urine, and u. A number of interior walls were cracked and damaged by smoke. 'i ? :?' ..u., __._rc ?'.'. i'f y:b:l;;.at.i,yl?iCry'd(IluflObli$urfemfiFs .:fi`.. J- ".. .. .cif(: ??:'J.'i+G'I(f@' yl1< t, .. ;;iU 1.-tc , i p'?1JGii: It:, i/c :C}:a.:r:, li. Ullldl Wilau$LaL3FtlS68tl (!'; 4f lifa' :'::(. slid, trtC: f(U;t11'vU'. :ld t%!:r: L,f. ,: t%.Id?? ?.. vI";:,.",. :i l: tr. ?;b!f,fS+: S, r161fi11115.j5N(iO.LUJDeIKE V 44joq U2IN y b !1: ?.SL L'ie 1.014dmrym- i)t?tCaiC:r?11tS Uw,UP,c ' r? 111411bic'Je: fdyr8lfS IUti'at- !t; ut?t;t{uti?yi? sc;GfU:.£, lQt- (.!?3'3?t1tt, 'i' ^to (i ;ai4tJ.?a?t: ;t;.y?t;b, ?6i8:1,L`?tfllS?Mllry to,treIr. Sf7? (1iwIti iO( f{1,{?i $f, tJtJw Chit= ifOt8(11'iV' itJJJ t' I1t(,''/%U, lfkl4 Pit, YNtJyigfif.ally fiialivate I'ti3117tIIi6 lq/lliar 4 WU i'lCCAi'tiil/ (( li lil V uV(:'i .. Il !_ (itV Uf(t: ??G l'. i6 ja9viss oi,Cl/fTID43({HR? C4Unty.0jnyUfi,r1 I Iott:(ttot1, 1)(;ff'(;Ijl,;It c',•Iit bllt t71>,t t' fU(i' "Aij l W14b OIGAf eSGyW CrrrCll7filMRtTI ?? tlid ?,..al llty(G i)1 iil:Ch I)t 661110itCdle i t;d(;lj- (,tc; tJif I-itl,r,!, ""'pi "itf list; ;(wi:;acitc;i EKniamitnn I ifs t (7iI)Ul Ltttl Its titl(j//I('p? 8 fill lia+l!Ai tit (;/%,C lj'J t/f v? ii%I oEtb!ji Ct@tdio, fltbpbq fj$T1 arU iilliik(a i,,Sr111)ii 'lk it,. IJ(;.JI iU /,:Itni4ljl,IL Mill !%SIJ.cilti?ll 1'1u;11111ib t/)I ltll ltlL(? t9 fall in r-rakfV eve luylu (hliilii;nuF.ultitJt}g11;,lta/?ultllusulrn)Ihul,it,I,luiiia/nUlllwi.iuni:4? Plaintiffu, failure to Ilitilfd IJ)h i'yillIt:f519ij fug ,JI1ii III iI(IttiItlt,jt.Iy ldilbtis:) Nlu i,lI,IJUl1143 14411t?bIUttl ple p4inibes LIi?Ii1?11f1.tIlrJ?i?13 A(iC? iUI?I? ?QI Iullilflli flrCllllulli111 III tit i4l ,illi;ill1tl (u iu•tl a 11w Idc,liilbu6 lltl1(1144ilu i01ti III (0i himlon occupation, ,lu?<tluitUila II lb t.a?llil iIs11?ItIUliil ici IIItIL' lint) Illidltfj' III lctil,wL, illitl iulliutluling, spurilically: i! ?)i:fu(Itlatll? SI?ulll aI 1Puuk t,1u;illlll11 thu 01111143 plomisds w1d reploved ilutit iti 11.411 Incitku Iliti IHUIIIl:it15. (1(1115h311iih1 II Its ulU a I, ito uillA,'Ili Ilo)v ill (tit) YdW for burning, ti IlttlululilUl:: I fcy iia, ItWilant 411,1 l' l;(Ifual 1;1 Vt In a liV?111Std1fJ WailSt thM _U 1.1 k% it I:LIi'I :, IL: c,1Iii:,: pelt =iri1 _i.Iil ,nlt tlil 1, l'i .> ;: ?,11 a,•4fI, c. Defendants removed and disposed of the stained carpeting, d. Defendants removed and disposed of the stained wall paper, e. Defendants insulated most of the windows with double sheets of plastic, f. Defendants re-caulked the upstairs bedroom windows to prepare them for painting, g. Defendants patched and speckled various holes in the walls, h. Defendants cleaned, sanded and applied two coats of polyurethane to the downstairs hardwood floors, I. Defendants prepped, speckled and painted the ceilings in several rooms throughout the premises, j. Defendant, Brian Hill spent numerous hours on several winter afternoons in the crawl spaces under premises with a hair dryer attempting to thaw out the plumbing, k. Defendants purchased heat tape an expense of over $100.00 and wrapped the kitchen plumbing to insulate it in an attempt prevent further freezing, 1. Defendants took three loads of trash from the premises to the dump in Newberg, Pennsylvania at a cost of over $100.00, m. Defendants purchased over $100.00 in rat poison and distributed it throughout the house and the storage shed, 17. The costs of these repairs in materials and labor totaled over $3,500.00. 18. Despite the above efforts and expenses by Defendants, the premises remained uninhabitable and unfit for human occupation. WHEREFORE, Defendants pray your honorable Court to enter judgment in their favor and against Plaintiffs for an amount in excess of $3,500.00, together with costs of suit plus interest. In addition, in the unlikely event the Court finds that the Defendants are in arrears, Defendants pray your honorable Court to credit Defendants $675.00 towards any rent arrearages for the security deposit given to Plaintiffs and not returned. AFFIRMATIVE DEFENSE 19. Defendants incorporate Paragraphs 1 through 18 above as if set forth in their entirely. 20. Plaintiffs failure to make repairs to the premises or adequately address the problems, despite Defendant reasonable requests to do so, rendered the premises uninhabitable and unfit for human occupations. 21. As a result of the premises being uninhabitable and unfit for human occupation, Plaintiffs breached the implied warranty of habitability. 22. Such breach excuses Defendants from paying rent to Plaintiffs for the time period in which the implied warranty of habitability remained breached. 23. The premises remained uninhabitable and unfit for human occupation from August, 1999 until the Defendants vacated the premises in October, 1999. WHEREFORE, Defendants pray your honorable Court to enter judgment in their favor and against Plaintiffs for an amount in excess of $3,500.00, together with costs of suit plus interest. In addition, In the unlikely event the Court finds that the Defendants are in arrears, Defendants pray your honorable Court to credit Defendants $675.00 towards any rent arrearages for the security deposit given to Plaintiffs and not returned. SET OFF AND COUNTERCLAIM 24. Defendants incorporate by reference Paragraphs 1 through 23 above as if set forth in their entirely. 25. At the time of signing the lease, Defendants paid Plaintiff a $675.00 security deposit. Said security deposit has never been returned to Defendants. 26. In addition to not returning the security deposit, Defendants have never been provided with an itemization of damages nor were Defendants ever made aware that Plaintiffs were claiming damage to the premises until Plaintiffs flied their Complaint on November 16, 1999. 27. As a result of Plaintiffs' failure to return Defendants' security deposit and failure to provide Defendants with an itemization of the claimed damages, Defendants are entitled to receive a $675.00 credit toward any rent arrearages claimed by Plaintiffs. 28. As result of Plaintiffs failure to make repairs to the premises as requested by Defendants, the premises was rendered uninhabitable and unfit for human occupation. 29. Plaintiff expended considerable sums of time and money in an effort to make the premises habitable and fit for their occupation specifically, Defendants have spent over $3,500.00 in labor and materials. WHEREFORE, Defendants pray your honorable Court to enter judgment in their favor and against Plaintiffs for an amount in excess of $3,500.00, together with costs of suit plus interest. In addition, in the unlikely event the Court finds that the Defendants are in arrears, Defendants pray your honorable Court to credit Defendants $675.00 towards any rent arrearages for the security deposit given to Plaintiffs and not returned. 9 UNJUST ENRICHMENT 30. Defendants incorporate by reference Paragraphs 1 through 29 above as if set forth in their entirety. 31. Defendants have never been compensated for their time and expense in attempting to make the premises habitable and fit for human occupation. 32. When Defendants vacated the premises in October of 1999, they left behind the fruits of their time, expense and labor. 33. Subsequent to Defendants vacating the premises, Plaintiffs benefited by Defendants' time, expense and labor. To allow Plaintiffs to benefit by Defendants' time, expense and labor would be unjust enrichment. WHEREFORE, Defendants pray your honorable Court to enter judgment in their favor and against Plaintiffs for an amount in excess of $3,500.00, together with costs of suit plus interest. In addition, in the unlikely event the Court finds that the Defendants are in arrears, Defendants pray your honorable Court to credit Defendants $675.00 towards any rent arrearages for the security deposit given to Plaintiffs and not returned. Respectfully submitted, LAW OFFICE 0 AROL I IfeIII Bl jI hen J. Bara ski, Jr. Esquire ID No. 82585 Date: 1 - d / - G 0 35 East High Street, Suite 202 Carlisle, PA 17013 (717) 243-6090 Attomey for Defendants 10 VERIFICATION We, the undersigned, hereby verify that we are the defendants In this action and that the facts stated in the above Answer are true and correct. We understand that false statements herein are made subject to the penalties of PA.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Da Brian Hill . . . . ., CERTIFICATE OF SERVICE .. .. I hereby certify that I have served a true and correct copy of Defendants' Answer on Plaintiffs via service upon Plaintiffs' counsel of record by placing same in the United States mail at Carlisle, Pennsylvania, first-class postage prepaid, on thi4!L/ day of January, 2000 and addressed as follows: H. Anthony Adams, Esquire 128 East King Street, Suite A Shippensburg, PA 17257 Attorney for Plaintiffs Jo J. Bafahkkl, Jr., Esquire 3 East High Street, Suite 202 Carlisle, PA 17013 „liA4: ?y t' S "y EXHIBIT "A" CORNERSTONE Federal Credit unlnn .wwnbr?wnJrl _ .tn„q h?W. P.O. BOX 1181 CARLISLE. PA 17013 (717) 249.1661 VOICE RESPONSE (717) 249.8000 i1 6.3N - EZ MEMBER INQUIRY TRANSACTION EXPLANATION ------------------------------------ Member Number: 6499 Member Name: HILL, YVONETTE A. Shares Last Trx Avail Bal Balance Loans Due 01-Reg 09/20/99 1,361.33 19386.33 Eff Date: 09/21/1999 - SSN: 178-54-6742 ------------------------ Payment Balance Total Shares Balance.. 1,386.33 Total Loans Balance... .00 ?4 3r; tU: ?t ? N r ? e- ,`jam , IN THE COURT OF COMMON PLEAS OF CUMBELRAND COUNTY - PENNSYLVANIA James Hoover and Debbie Hoover, husband and wife, Plaintiffs : No. 991 1.451 Civil Action - Law V. Brian Hill and Yvonette Hill, husband and wife, Defendants ANSWER TO NEW MATTER Now come the Plaintiffs, James Hoover and Debbie Hoover, husband and wife, by and through their Attorney, H. Anthony Adams, and set forth the following: 7. Admitted. B. 9. Denied, the lease was signed at the prior residence of Defendants. Defendants saw the premises in the daylight insisting that they had to move since they were being evicted from a home on Mountain Road. 10. Denied, Defendant had a full opportunity to see the property. a. A window was cracked but Defendant agreed to repair the window if Plaintiffs bought the glass. b. Plaintiff had some Items in the shed which he was going to remove. Defendants brought items from their prior residence and placed it in the yard. c. Plaintiff fixed a line from the septic to seepage bed, Plaintiff also repaired a sink where a joint was leaking. 11. a. Denied, the drain was working prcperly. Defendants pulled the piping lose which Plaintiff repaired. b. Admitted that on one occasion the pipes froze when it was extremely cold. Plaintiff went to the premises and thawed the pipes. c. Denied, on no occasion did the bathroom drain not drain. d. Denied, the water was potable. The water did have some sulfur, but Defendants were told the Plaintiffs always used bottled drinking water. e. Denied, there was adequate weather stripping. f. Denied, that the work was inadequate the building was an old farm house with typical double hung windows. g. Denied, the cabinet in question was hung on the wall and remained there for a period in excess of eight (8) years. h. Admitted that it had an old electrical service which is ordinary and customary in old farm homes. 1. Denied, the light In question was, In fact, attached when the house was rented. j. Denied, all of the receptacles were grounded. k. Admitted. 1. Denied, there is a smoke detector at the top of the staircase. m. Admitted that there was a small hole in the corner of the closet that you could see Into the boxing. n. Denied, except for the Items mentioned in prior paragraphs and Items that Defendants Insisted they would take care of to move in promptly. o. Denied, after reasonable investigation the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the matter averred. p. Admitted, some steps were broken when a fuel tank was taken Into the basement which was a dirt floor basement. q. Denied, the outside wall was sheeting grade plywood with an alutex back. r. Admitted that the water lines ran through the basement. s. Admitted 3/8 inch line went though the wall to the kitchen stove from a propane bottle, t. Denied, there was no wall to wall carpet in the home. If any of Plaintiff's carpets were used they were used without permission. Further, Defendants had a Rotweiller dog that did considerable damage. u. Denied, after reasonable investigation the Plaintiffs are without knowledge or Information sufficient to form a belief as to the truth of the matter averred. 12. Denied, Defendants asked about a few of the repairs but primarily insisted on getting into the house since they were being asked to move. 13. Denied, Plaintiffs repaired the problems that were presented by the Defendants. 14. Denied, after reasonable investigation the Plaintiffs are without knowledge or Information sufficient to form a belief as to the truth of the matter averred. 15. Denied, after reasonable investigation the Plaintiffs are without knowledge or Information sufficient to form a belief as to the truth of the matter averred. 16. Denied a. Admitted that they did burn which caused a field fire. b. Admitted that the property was painted but it was done without the permission of the Plaintiffs. Cabinets and wood paneling were painted without permission. c. Denied. d. Denied, there was wallpaper in one room which was functional. Defendants removed or painted over the wall paper without the permission of the Plaintiffs. e. Admitted. f. Denied, after reasonable Investigation the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the matter averred. g. Denied, after reasonable Investigation the Plaintiffs are without knowledge of information sufficient as to form a belief as to the truth of the matter averred. h. Admitted, Defendants asked if they could coat the floors. I. Admitted. J. Admitted. k. Admitted that heat tape was purchased. Plaintiffs asked the Defendants not to use heat tape since it is a fire hazard. 1. Denied, three loads of trash to the Cumberland County landfill, if taken, would have cost $22.00. m. Denied, after reasonable Investigation the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the matter averred. ...... _..x..11: 17. Denied, after reasonable investigation the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the matter averred. 18. Denied, the premises were the home of the Plaintiffs and their family for eleven (I1) years prior to the Defendants moving in and the home was habitable. ANSWER TO AFFIRMATIVE DEFENSE 19. Paragraphs 7-18 are Incorporated herein as if set forth fully. 20. Denied, conclusion of law. Premises were habitable. 21. Denied, conclusion of law. The premises were habitable. 22. Denied, conclusion of law. 23. Denied, after reasonable Investigation the Plaintiffs are without knowledge or Information sufficient to form a belief as to the truth of the matter averred. ANSWER TO SET OFF AND COUNTERCLAIM 24. Paragraphs 1 through 23 are Incorporated herein as if set forth fully. 25. Admitted, a certified letter was sent to the Defendants concerning the security deposit for which Defendants failed to sign. 26. Denied, Defendants refused to the certified letter from Plaintiffs. 27. Denied. 28. Denied. 29. Denied. ANSWER TO UNJUST ENRICHMENT 30. Paragraphs 7 through 29 are Incorporated herein as if set forth fully. 31. The premises were habitable and any action taken by Defendants caused further damage. 32 . Denied, when Defendants left the property in October, 1999 they left ,.. owing rent and having caused considerable damage. M- 33. i tH Denied, Plaintiffs have been injured by the actions of Defendants. Wherefore, Plaintiffs request your Honorable Court enter judgment In their favor. Respectfully submitted, , Esqu re H. Anthony Ada Attorney for Plaintiffs 128 E. King Street Shippensburg,PA 17257 (717)-532-3270 I verify that the statements made in this Answer 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 unsworn falsification to authorities. Dater - J s Hoover CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons in the manner indicated below, by depositing a copy of the same in the United States Mail, Shippensburg, Pennsylvania, with first class postage prepaid as follows: John J. Baranski, Jr., Esquire Law Office of Harold S. Irwin, III 35 East High Street Carlisle, PA 17013 Lau?* Date: 2/09/00 Dawn M. Shoop Legal Assistant for H. Anthony Adams, Esquire 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 w f, u ? :?<r y t "??J -, ra T! 1 >+ llj C7 C]