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HomeMy WebLinkAbout03-3458 C~MONWEALTH Of PENNSYLVANIA COUI' OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DlSTIICT DISTRICT JUSTICE JUDGMENT 03-3458 CIVIL TERM COMMON PLIAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the iudgment rendered by the Distrid Justice on the date and in the case mentioned below NAME Of APPEL1.ANf I MJG. DI$T. NO. OR NAME Of 0.J. ''v)~ClS PI. P\ac.e tcoo< ('AMP \--\\L~ I p~ l"l 0 I \ see -("{ f'. S"\1ll"C;;~1 lis. CAR\S~ L, +tt:;\A}G-'1 tIS AfTORNEY OR AGENT ~ - ~.e-~!t..l, Uc(N~Y QTY \08 "-10(-\-\-1 Z&-m.s.-t Glo VIcKy ~'IC.e.- llATEOF"fG""'\ i::H'"CASE OFI""""1ft1 CA~\:;f'l L. I-t&<lNcry 7 16\ 16 3 "coc:'t.~~~ 1~5C,O\T A. YTAI(:,ER. ClAJMNO ~~ ilOOh)l\Q-O'3 SIGNA~ This block will be signed ONLY when this notation is required unde< Po. R.cP JP. No. 10088. This Notice of Appeal, when received by the District Justice, will operale os 0 SUPERSEDEAS ta the judgment for possession in this case. Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action before District Justice. fF NOT USED, detach from c~y of notice of appeaf to be served upon appellee). PRAECIPE: To Prothonotary ~ '''*'' ~",A <.., '" ~ I(J 6-Y Enter rule upon 5<:'0 \-+- -p.. '51-Q~ <)-t', ,appellee(s), ta file a complaint in this appeal Name of awe/1ee(51 (Common Pleas No. 03-3458 CIVIL TERM ) within twenty (20) days after _vice of rule or suffer entry of judgment of non pro~ c.AoI.'-'C(\- f. 1\.L'1<\l1:)' ( ;I &.~~ ~<r_ RULE: To ~ C Co> \-+ A. ::, IC\ \ct-! .,. , appeIlee(s). ~.- Name 01_51 J (1) You ore notified that a rule is hereby entered upon you ta file a complaint in this appeal within twenty (20) days after the dale of _vice of this rule upon you by personal se<vice or by ce<tified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT Of NON PROS WIll 8E ENTERED AGAINST YOU. __ ~~:;;-.~;:; ...."'" · ..... -" -" '"... ~"14-' A L ~ U ~,7r'---"- AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY , PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proal 01 service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice at appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ' ss AFFIDAVIT: I hereby swear or affirm that I served D a copy oj the Notice of Appeal, Common Pleas No. upon lhe District Justice designated lhereln on (date of service) D by personal service D by (certified) (reglslered) mail. sender's receipl attached herelo, and upon the appellee,~__~__ '___ . _~_ ~, on __~_ D by personal service D by (certified) (registered) mail, sender's receipt attached herelo, D and further I served lhe Rule 10 File a Complalnl accompanying the above Notice at Appeal upon the appellee(s) to whom the Rule was addressed on D by personai serVice 0 by (certified) (regislered) mall, sender'S recelpl attached bereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF W2S My commission on ~ rO i\. ,l l0- ~ '-n I...).J ;i' \ ~ ~ ,,- ',.. ~) \}.J .. 5;- \ 1 , ~ ( ~, , G-. -4 ! ~\~ .,-[ r" " I v..-' fv. ""'= C/o . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOTICE OF JUDGMENT/TRANSCR PI.AINTIFF!JUDCME~YJJ,.o~:ASE r.; h1AMI"i.lnd ADDRESS STAIGER, SCOTT A 5179 E. TRINDLE RD. MECHANICSBURG, PA 17050 L 09-3-04 i-<.n THOMAS A. PLACEY A"",,,,,, 104 S. SPORTING HILL RD. MECHANICSBURG, PA VS. DEFENDANT/JUDGMENT CR~nIT.qR;: "'" rHEINEY, CARISA"'"'''' .".',LI"',,,. 108 NORTH 26TH ST. C/O VICKY FAKE LCAMP HILL, FA l7011 I Docket No.: CV~if00014g-~-0311jS ! Date Filed 4/J.5/03 I -" i CR(??,S COMPL,lII.l\jl------.--221-----J ," .", ' ('1',..."-,,., (717) 761.8230 17050 ATTORNEY DEF PRIVATE ROBERT L. LAMOREAUX, ESQ. 850 YVERDON DR. CAMP HILL, PA 17011-1850 THIS IS TO NOTIFY YOU THAT: ,Judgment: ,_"".FOR PT.)\.INTIFF ",. I :K j .JlJdgment was e.nlered fOt: (Name) !lTilITC:RR, !l~O'M' ill ..KJ .Judgment was Elntered against: (Name)" HRTNRY ,... C-I\.RTSI\. In the amount ot $ 41<;.00. on: (Date ot Judgnl(0nt) _,,7/01/01 Defendants 3rElIOlntly and severally liable, (Date & Timel__. Damages will ~e assessed on: Amount of .Judgment Judgment Costs Interest on .Judgment Attorney Fons TOlal $-~.~-Q.....Q. $ 5.0 $ .0 $_.___".",.J! $ 435.0 ThiS case dismissed without prejudice. Amount 01 JucJgrnent Subject to AttachmnntiAct 5 of 1996 I I Pnst .Judgment Credits Post .Judgment Cost:; $--.,--- $ ------------ ----------.... Certilied Judgment Total $. ANY PAPTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEOURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ['LEcrs TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY 8E ISSUED BY THE DISTRICT JUSTICE, UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTeO I./-JTHE JUDGMENT MA Y FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. .?l , District Justice Date I' certify Ii:at thiS is a twe 3r j correct copy of the record of Ihe plncnedjngs COl1i;,lnirg the judgment NOTICE OF JUDGMENT/TRANSCR PLAINTIFFiJUDGMEgJIKlJ.ro~.ASE r;; NAME an::! AUI)HESS HEINEY, CARISA L 108 NORTH 26TH ST C/O VICKY FAKE ~P HILL, PA 17011 VS. DEFENDANTiJUDGMENT C5FJ,J11;\lfbDRESs !sTAIGER, SCOTT A 5179 E. TRINDLE RD. MECHANICSBURG, PA 17050 L.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND t,'.;J.G ." 09-3-04 '".~' ! v',, THOMAS A. PLACEY ........:.....' 104 S. SPORTING HILL RD. MECHANICSBURG, PA (717) 761-8230 17050 ATTORNEY FOR PLAINTIFF : ROBERT L. LAMOREAUX, ESQ. 850 YVERDON DR. CAMP HILL, PA 17011-1850 'I Docket No.: Date Filod: I I. CV- 0000149J03 3/19/03 .,...._.,"'___~"."'.'m"._...".,..._,..._ THIS IS TO NOTIFY YOU THAT: Judgment: [.xl Judqment was e.ntered for: _.FOlLDEFRNDANT (Name) !l'l'1>. T(.l.~R, !l('.o'T"T' 1>. ..lL JucJ9ment was entered against: (Name) HRTNRY, CJ>.RTS1>. T. in the amount 01 S (Date of Judgment) 7/01/01 .00 on: Defendants am jointly and severally liable. (Date & Time) _ Damages will be assessed on: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total TillS case dismissed witlloUt prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 Post Judgment Credits Post Judgment Costs Certified Judgment Total S $_...._..~.Q. $ .0 $ .0 $._____..0 $ .0 $ $ -----------. ----------_. ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DiVISION. YOU MUST INCLUOE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIOED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY 8E ISSUED 8Y THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERE9TEDI~ THI?JUDGMENT MAY FILE A REOUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENTDEBTOR'PIIYSINFULL, SET1LES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date tJ , District Justice II certify 1I'lat thiS is a true at tJ correct copy of the record ot the p Qceedings containing the ludg[T1ent. Carisa L. Heiney APPELLANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03-3458 Scott A. Staiger Appellee CIVIL ACTION - LAW THE PLAINTIFF'S COMPLAINT 1. The Plaintiff, Carisa L. Heiney, also referred to as Tenant, is a Pennsylvania resident with a mailing address of 108 North 26th Street C/O Vicky Fake Camp Hill, P A 17011. 2. The Defendant, Scott A. Staiger, also referred to as Landlord, is a Pennsylvania resident residing at 5179 East Trindle Road Mechanicsburg, P A 17050. 3. In January of2003 the Plaintiff twice viewed apartment owned and rented by landlord Scott Staiger at 5179 East Trindle Road Apartment 2 Mechanicsburg, P A 17050. 4. Brian Kozicki, friend of the Plaintiff, viewed apartment on January 24th, 2003 with the Plaintiff. 5. Previous tenants were still occupying unit at the Plaintiff's time of viewing. 6. Miss Heiney expressed concern regarding the outside egress to the apartment which is the only egress to the unit. Stairway did not have any intermediate rails or ornamental closures which Plaintiff viewed as extremely dangerous for her, her guests and her dog. 7. Mr. Staiger stated that he would fix the railing and make other repairs by March when the Plaintiff was looking to move into an apartment. 8. On January 25th, 2003 Miss Heiney and Mr. Staiger entered into a lease agreement for 5179 East Trindle Road Unit 2 Mechanicsburg, PA 17050. 9. An addendum to the lease was added upon Mr. Staiger's insistence pertaining to a cleaning fee he would set at $35 an hour if the premises were left in a filthy condition (page 6 oflease). 10. An addendum was added upon Miss Heiney's request that Mr. Staiger WTote himself on page 9 of the lease. This addendum states that temporary rails would be in place by March 3~, 2003,.and that permanent rails would be in place by April 30th, 2003. U. On the mo~pg of February 28th, 2003 Miss Heiney ,>illS to move into Mr. Staiger's property. 12. Upon arrival at the property Miss Heiney found the apartment in a deplorable condition without any railings on the stairwell and snow covering the steps and walkway. 13. The Plaintiff called Mr. Staiger at his work number and left a message regarding her concerns about the apartment. 14. Miss Heiney stayed with her grandmother in Camp Hjll for the weekend and kept her dog at her aunt's house also in Camp Hill. 15. On Monday, March 3"" the Plaintiff called Mr. Staiger again since she had not heard from him. 16. Mr. Staiger said that the railings would be up that evening and that he had been away all weekend and did not get her message. 17. At 9pm on March 3n1 Miss Heiney met Mr. Staiger at 5179 E Trindle Rd Mechanicsburg, P A and discussed with him the filthy condition of the apartment as well as her concern over the missing railings and debris in the yard which was to be used by tenant and her dog. , 18. Mr. Staiger said he was putting up railings that very evening and Miss Heiney stated that she wanted more railings along the entire length of the stairway. Mr. Staiger had placed a board in the middle section only of the stairway. 19. Mr. Staiger stated that he would have to go buy more wood. 20. Mr. Staiger stated at this time that he needed a rent check and he would accept $300 instead of $430 since Miss Heiney had so much cleaning to do and was not staying there yet due to the unsafe stairway. 21. On the morning of March 4t1i, the Plaintiff returned to the unit and found that no other boards had been placed on the stairway. 22. On March 4th, 2003 Miss Heiney and her mother, Vicky Fake, spent six hours cleaning the apartment with their own cleaning supplies but made very little progress. 23. Miss Heiney took digital photos of the apartment, the stairwell, and the yard. 24. On March 5th Miss Heiney contacted Mr. Staiger and expressed concern over how much time it was taking to clean the place and that she had already missed one day of work and made very little progress in her cleaning efforts. She stated once again that the stairway being fixed was of the utmost concern as well as the removal of toxic debris and trash in the yard. 25. Mr. Staiger said he would hire a cleaning person to come on Friday and that he would credit Miss Heiney $60 for her cleaning. Miss Heiney stated that she should be credited the amount he would have charged her ifhe had to clean the apartment ($35 and hour). Mr. Staiger disagreed. 26. Miss Heiney contacted Mr. Miller with Hampden Township regarding any ordinances which Hampden Township follows regarding outside stairwells. 27. The Plaintiff was informed that Hampden Township adheres to the 2000 Boca Codes. Section R 316.2 states, "Required guards on open sides of stairways, raised floor areas, balconies and porches shall have intermediate rails or ornamental closures that do not allow passage ofa sphere 4 inches (102mm) in diameter. Required guards shall not be constructed with horizontal rails or other ornamental pattern that results in a ladder effect" (page 49). 28. Section 314.1 discusses the minimum height requirements for Handrails (34 to 38 inches) which Mr. Staiger's stairs are also violating. 29. Mr. Miller stated that even temporary railings must be up to code. 30. Miss Heiney had several other discussions with Mr. Staiger regarding how long it was taking to fix the stairs and to clean and make repairs in the apartment. Mr. Staiger replied that it was tax season, and being an accountant he was busy and would get around to it at the end of April. 31. The Plaintiff needed a safe and clean apartment by the beginning of March which is what she bargained for in the contract agreement made January 25th, 2003. 32. As of7:30 pm on Saturday, March 8th 2003 no other railings had been placed on the stairwell and there was still trash strewn throughout the yard. 33. On March 8th, Miss Heiney contacted Mr. Staiger and stated that she wanted to be released from the lease with her security deposit and first months rent returned in full since he had failed to fulfill his terms of the contract. 34. The Defendant would not agree to release the Plaintiff from the lease or return her money. 35. Mr. Staiger failed to fulfill his terms of the lease pertaining to the addendum which he had made to the contract. Furthermore, Mr. Staiger stated that since it was tax season he had taken upon himself to give himself an extension to make repairs until the end of April. 36. Miss Heiney stated that this time period was unacceptable and that the landlord had an obligation to fulfill the terms of the contract as well as a responsibility regarding the maintenance and repair of the apartment and the common areas (the yard she had been allotted to use with her dog). 37. On March 9th the Plaintiff's belongings, mostly just furniture, were removed from Mr. Staiger's property. 38. On March lOth Attorney Christian Hugel contacted Mr. Staiger as a mediator trying to resolve this dispute out of court. Mr. Hugel was unsuccessful. 39. On March lOth Miss Heiney took a second group of photos of the property. 40. On March 11th Miss Heiney returned the key to Mr. Staiger and once again tried to settle this dispute amicably in the presence of her mother, Vicky Fake. 41. Mr. Staiger sent Miss Heiney a final bill for liquidated damages and failure to give a 60 day notice as pertaining to page 2, paragraph 3 of the lease. 42. The Plaintiff argues that since Mr. Staiger breached the lease no penalty is applicable. 43. The tenant terminated with cause. The penalty applies to Tenants pre-mature termination without cause. 44. The lease, construed as a contract, was breached by Mr. Staiger when he failed to have the railings completely in place or up to code by March 3rd 2003. 45. The Tenant, prior to signing any contracts in January, deemed it so important that the railings be put in place by the beginning of her lease that an addendum was added to the lease and signed by the landlord. 46. Miss Heiney is seeking damages including her first months rent, security deposit, attorney's fees, a cleaning fee for her six hours of cleaning at Mr. Staiger's set fee of$35 an hour, utility expeuses which she had no benefit of, storage fees, moving truck fees, loss wages, attorney's fees, court and filing fees, and interest. 47. Mr. Staiger by his own records admitted to owing Miss Heiney her first months rent, security deposit, and credit for cleaning when he sent her his "Final Statement of Account. " 48. Mr. Staiger suffered no financial loss since he re-rented the property as of April 1 st, 2003. 49. Miss Heiney, the Plaintiff, is suing for breach of contract and unjust enrichment in favor of the Defendant who did not return any of her money. 50. The Plaintiff asks that Actual Damages be awarded to her. The Plaintiff, Carisa L. Heiney, respectfully requests that this Honorable Court enter Judgment in her favor and against the Defendant in the amount of $2,014.07 and all such other relief as is proper andjust. Respectfully ubmitted, c.,j . Carisa L. Heiney 717-421-3262 The Plaintiff I, Carisa 1. Heiney, verify that the statements made in the foregoing are true and correct to the best of my knowledge, information, and belief. I understand that false statements therein are subject to the penalties of 18 Pa. e.s. 4904, relating to unsworn falsification to tho 'ties. Date: 7 b -:/0 ::, - I I Verification '- Certificate of Service I, Carisa 1. Heiney, do hereby certify that a true and correct copy of the Complaint was placed in the United States Mail, postage prepaid, return receipt requested in Camp Hill, Pennsylvania on July 23rd, 2003 and addressed to the following: . Scott A. Staiger 5179 East Trindle Road Mechanicsburg, P A 17050 Date:~ Respectful Submitted, t;/ ' Carisa . Heiney 717-421-3262 The Plaintiff '"""' ~ 1- 0 0 C) C G) "rJ s~ ,- -C, t.:.. Cl.:i , , 1 :::.:;- N C) _-'~ .1.~ . -<- , [; ~ , ~ :.=:=C' ~, )>~ 0 " -, ,- .....~: --". ~.'b "- -<' .~ -< ., PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF _C.J.I""~s,g,I...,'f>./,,!D ...._; ss AFFIDAVIT: I hereby swear or affirm that I served o a copy of the Notice o. .t..A..Pp~;.o..m. .../n Plea..s....N. o. ~3 -:Q.3 4~~_~, upon the Di.strict Justice designated t.herein on (date of service) _. _ Z,i. 0 ~"_.'... ~ bY. p..e. rsonal s.e..rVice D...b. ,y (cer..t..i.f..i.ed) (re.giS..I.e. r.ed) ma. iI.,.sender'S receipt attacheS~ereto, and upon the appellee, (name) . __5..D.~t+~-.fl: _:s..-tql'9~r. u___u _, on _J!&\\l 2:'3 .., l003 0 by personal service:r~hy (certitied) (registered) mail, sender's receipt attached hereto. o and further that I served the Rule to File a Complaint accompanying the aoove Notice of Appeal upon the appellee(s) to whom the Rule was addressed onu~I.{--l..3,._", ,J,r:x:'), [] by personal service riiO by (certified) (registered) mail, sender's receipt attached hereto. r SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _~ DAY OF :JlJL.'1~__Y; n Q.t..v..u,<.Q.! \~...t..u,...Jo_lt -,"--_.._--- "' -~_._.._.._..__...,....""'"."."'----~-_...._.._......,,..-,--..---." S!gnaiure of o/ficial before whom affidavit was made ./ 1)1 /,J. / ; ,. ...._---.... ,I" /''- -, ---'-'\'--~.l...~~~--'---,- /:" '\ Signature of affiant t..<,___~ _n NOTAnlALSEAb-- - CHARLES A. HARBOlD. NoIIry NllIc My commission expires on ,Oamn Hili Boro, O\Il1lblirtand COlII1Iy ...... .... ~MyCOOiml8ilonEXPIr.-DlO;3It, 2IlOll (") C) 0 c W -n s: t- , ""(')tT' ?~ :1 -n n1r" )::::.:. ;-i::) N , rn ZL " (j)} ... :~ 'I ::S c C) ~_.... ;::>> - ~ -- -;, ~.,~,~ , (') ~, .- =-;-:::;. 0 ., '" ~ --,I :D .~ - ,. , -- --'.V ""'--:"~"'""'1'l""",1!",'~~"--::'''''C'W~'''''''' ,.~_'_,~":O""<'~~~-"'.<:'\"'-,~',",,'Tn''''''''''''::'''''''''',''' - ;..---c..._,..._-,....,'.~~'~.'!~:.~___._~~Y'.,_.., ~"J.WEALTH O. PENNSYLVANIA (OURT O. COMMON PLEAS NOTICE OF APPEAL FROM -", JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 03-3458 CIVIL TERM NOTICE OF APPEAL Notice i. gi_ that the appellant has filed in the above Court of Common Pleas on oppeal from the judgment rendered by the District Justice on the date one! in the case mentiolled be"'"' ,_ ,rI NAME OJ. Y'v; G'i'l\G\. <;, A. P\ CA ( e STATE . ODE (' A (\\ 9 \-\ \ L '- I P R \ -, 0 , S('-',1'1 ,"I, ":;'Thl",-~) 1'1((1';' At, H I/J A NEY OR AGENT NT \0 tl Ncx.\-In 63 CV N)n~\l\q-{)'3 LT T~is block will be signed ONLY when this notation is required under Po. R.cPJ . No. l00S8. This Notice of Appeol, when received by the District Justice, will operate os a SUPERSEDEAS to the judgment for possession in this case. '<::". .-/ --L Signature of Prothonot;uy or Deputy "appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT At,lD RULE TO FILE (This section of foml to be used ONLY when appellant ~ 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 W served upoo appellee). PRAECIPE: To Prothonotary -c.. .w-o.. \ ":> A l, \,... ,. L:".)t Enter rule upon <)CO\-+- (\. <::'T(l~ ~.f'('"" Name oI_s) CIVIL TERM , oppellee(s), to file a complaint in this appeal (Common Pleas No. 03 - 3 4 5 8 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. /,' // )1. .~~ (~ Signature Oi ~t/ attomey '" agent , appellee(s). RULE: To ('1~~' ~~ tT ,\ L :<It~ I <C,(~~~S)<'-,'('\~-' .,. ~""'!\~"""'':'~'''''''''' (1) YOV~~. '... ~ Ilia. '.... t.a~ is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this ~ ui>9n''''"''~.i;itr_'''''I'''"''ice or by certified or registered mail ~. " :.1 ~,:" . . ", "'. -',;";"', ~) .#' d~t fileacomp/GinfW\l\!in this time, a JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU. ',~:~ '~': ,'~'.:r, .~, ' '," . - "~: '9)~ date\t~~ this ~~,~ervice was by mail is the date of majili;'9" Date: ,j.~21."'~~3 .,~-t.'I .fvtJ ,'. ..' , .r:~ ,,"'-" ~" /' 4,' ... .:,::" ',ih\A l~~~ f:"':~~ ," ~~ :~~: - : \ ..' '_ J!" '-...- , "",,::;.') -1' f ~ ...........--:. "\\-(,,,,~,,~....~ 1L46A L ' . '2tJ't----'.- AOPC 312.90 COURT FILE ... ... ... IT1 IT1 IT1 Ul Ul Ul 0 0 0 Ul Ul Ul Ul Ul Ul IT1 IT1 IT1 ... <0 <0 Ul Ul Ul 0 0 0 0 0 0 0 0 0 0 0 0 ..... ..... ..... Ul Ul Ul ru ru ru ..... ..... ..... 0 0 0 0 0 0 C'- C'- C'- U.S. Postal Service CERTIFIED MAIL RECEIPT (Dompstlc Mad Only No Insurance Coverage ProVided) ('" '':; 'C: l! r- , \oJ A. Postage $ D 3-36 ,75 Postmark H"" Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Toral Postage & Fees $ 5.9-S- :i:;~i~o.tth._2I(4~"";;j.~n"7&............nnhh _~:."!..B~~.N'~h.'S/"]1.nh.E....TlY.'hn_.Q,n_.nhh:nnhhh.n'_h' City, Stata, Zif1t-t' Ii Y A I 7050 '" '" '" =r =r =r '" '" '" CJ CJ CJ '" '" '" '" '" '" m m m .., .., .., '" '" '" CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ ,.." ,.." ,.." '" '" '" ru ru ru ,.." ,.." ,.." CJ CJ CJ CJ CJ CJ r'- r'- r'- U.S. Postal Service CERTIFIED MAIL RECEIPT (Dom(>stlc M,J// Only, No Insurance Coverage Provided) OFF 1 ...., ) A . Postage $ Certified Fee Postmark He", Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Totsl Postage & Fee. $ :::5.'1. S ;;~~_..~~~:~.. 'CiiY.'Siiii.-;;Pi4-(j;;i:J;k"'_h_PA-"';-~~;';"''''h'''_h_'''hhhh' Carisa 1. Heiney APPELLANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03-3458 Scott A. Staiger Appellee CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or your 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 TIDS PAPER TO YOUR LA WYER 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 LEGA.L HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PAl 7 10 1 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defenses 0 sus objeciones a las demandas en contra de us persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alvivio que es pedido en la peticion de demanda. Usted puede perder dinero os sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMAND A UN ABODAGO INMEDIATAMENTE. SI NO TIENNE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENIRA ESCRIT A ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.c CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, P A 17013 (717) 249- 3166 PLAINTIFF'S COMPLAINT The Plaintiff, Carisa 1. Heiney, also referred to as Tenant, is a Pennsylvania resident with a mailing address of 108 North 26th Street C/O Vicky Fake Camp Hill, P A 17011. The Defendant, Scott A. Staiger, also referred to as Landlord, is a Pennsylvania resident residing at 5179 East Trindle Road Mechanicsburg, P A 17050. In January of 2003 the Plaintiff twice viewed apartment owned and rented by landlord Scott Staiger at 5179 East Trindle Road Apartment 2 Mechanicsburg, P A 17050. Brian Kozicki, friend of the Plaintiff, viewed apartment on January 24th, 2003 with the Plaintiff. 5. Previous tenants were still occupying unit at the Plaintiff's time of viewing. 6. Miss Heiney expressed concern regarding the outside egress to the apartment which is 1. 2. 3. 4. the only egress to the unit. Stairway did not have any intermediate rails or ornamental closures which Plaintiff viewed as extremely dangerous for her, her guests, and her dog. 7. Mr. Staiger stated that he would fix the railing and make other repairs by March when the Plaintiff was looking to move into an apartment. 8. On January 25th, 2003 Miss Heiney and Mr. Staiger entered into a lease agreement for 5179 East Trindle Road Unit 2 Mechanicsburg, P A 17050. 9. An addendum to the lease was added upon Mr. Staiger's insistence pertaining to a cleaning fee he would set at $35 an hour if the premises were left in a filthy condition (page 6 oflease). 10. An addendum was added upon Miss Heiney's request that Mr. Staiger WTote himself on page 9 of the lease. This addendum states that temporary rails would be in place by March 3rd, 2003 and that permanent rails would be in place by April 30th, 2003. . II. On the morning of February 28th, 2003 Miss Heiney was to move into Mr. Staiger's property . 12. Upon arrival at the property Miss Heiney found the apartment in a deplorable condition . without any railings on the stairwell and snow covering the steps and walkway. 13. The Plaintiff called Mr. Staiger at his work number and left a message regarding her concerns about the apartment. 14. Miss Heiney stayed with her grandmother in Camp HilJl for the weekend and kept her dog at her aunt's house also in Camp Hill. 15. On Monday, March 3rd, the Plaintiff called Mr. Staiger again since she had not heard from him. 16. Mr. Staiger said that the railings would be up that evening and that he had been away all weekend and did not get her message. 17. At 9pm on March 3rd Miss Heiney met Mr. Staiger at 5179 E Trindle Rd Mechanicsburg, PA and discussed with him the filthy condition of the apartment as well as her concern over the missing railings and debris in the yard which was to be used by the tenant, Miss Heiney, and her dog. 18. Mr. Staiger said he was putting up railings that very evening and Miss Heiney stated that she wanted more railings along the entire length of the: stairway. Mr. Staiger had placed a board in the middle section only of the stairway. 19. Mr. Staiger stated that he would have to go buy more wood. 20. Mr. Staiger stated at this time that he needed a rent check and he would accept $300 instead of $430 since Miss Heiney had so much cleaning to do and was not staying there yet due to the unsafe stairway. 21. On the morning of March 4th, the Plaintiff returned to the unit and found that no other boards had been placed on the stairway. 22. On March 4th, 2003 Miss Heiney and her mother, Vicky Fake, spent six hours cleaning the apartment with their own cleaning supplies but made very little progress. 23. Miss Heiney took digital photos of the apartment, the stairway, and the yard. . 24. On March 5th Miss Heiney contacted Mr. Staiger and expressed concern over how much time it was taking to clean the place and that she had already missed one day of work and made very little progress in her cleaning efforts. She stated once again that the stairway being fixed was of the utmost concern as well as the removal of toxic debris and trash in the yard. 25. Mr. Staiger said he would hire a cleaning person to come on Friday and that he would credit Miss Heiney $60 for her cleaning. Miss Heiney stated that she should be credited the amount he would have charged her ifhe had to clean the apartment ($35 and hour). Mr. Staiger disagreed. 26. Miss Heiney contacted Mr. Miller with Hampden Township regarding any ordinances which Hampden Township follows regarding outside stairways. 27. The Plaintiff was informed that Hampden Township adheres to the 2000 BOCA Codes. Section R 316.2 states, "Required guards on open sides of stairways, raised floor areas, balconies and porches shall have intermediate rails or ornamental closures that do not allow passage of a sphere 4 inches (1 02mm) in diameter. Required guards shall not be constructed with horizontal rails or other ornamental pattern that results in a ladder effect" (page 49). 28. Section 314.1 discusses the minimum height requirements for handrails and side rails (34 to 38 inches) which Mr. Staiger's stairs are also violating. 29. Mr. Miller stated that even temporary railings must conform to code. 30. Miss Heiney had several other discussions with Mr. Staiger regarding how long it was taking to fix the stairs and to clean and make repairs in the apartment. Mr. Staiger 31. 32. replied that it was tax season, and being an accountant he was busy and would get around to it at the end of April. The Plaintiff needed a safe and clean apartment by the beginning of March which is what she bargained for in the contract agreement made January 25th, 2003. As of7:30 pm on Saturday, March 8th 2003 no other railings had been placed on the stairway and there was still trash strewn throughout the yard. On March 8th, Miss Heiney contacted Mr. Staiger and stated that she wanted to be released from the lease with her security deposit and first months rent returned in full since he had failed to fulfill his terms of the contract. 34. The Defendant would not agree to release the Plaintiff from the lease or return her . 33. money. 35. Mr. Staiger failed to fulfill his terms of the lease pertaining to the addendum which he had made to the contract. Furthermore, Mr. Staiger stated that since it was tax season he had taken upon himself to give himself an extension to make repairs until the end of April. 36. Miss Heiney stated that this time period was unacceptable and that the landlord had an obligation to fulfill the terms of the contract as well as a responsibility regarding the maintenance and repair of the apartment and the common areas (the yard she had been allotted to use with her dog). 37. On March 9th the Plaintiffs belongings, mostly just furniture, were removed from Mr. Staiger's property by Plaintiff. 38. On March 10th Attorney Christian Hugel contacted Mr. Staiger as a mediator trying tos resolve this dispute out of court. Mr. Hugel was unsuccessful. 39. On March lOth Miss Heiney took a second group of photos of the property. 40. On March 11th Miss Heiney returned the key to Mr. Staiger and once again tried to settle this dispute amicably in the presence of her mother, Vicky Fake. 41. Mr. Staiger sent Miss Heiney a final bill for liquidated damages and failure to give a 60 . day notice as pertaining to page 2, paragraph 3 of the lease. 42. The Plaintiff argues that since Mr. Staiger breached the lease no penalty is applicable. 43. The tenant terminated with cause. The penalty applies to Tenants pre-mature termination without cause. 44. The lease, construed as a contract, was breached by Mr. Staiger when he failed to have the railings completely in place or up to code by March 3rd 2003. 45. The Tenant, prior to signing any contracts in January, deemed it so important that the repairs be made to the stairway by the beginning of her lease that an addendum was added to the lease and signed by the landlord. 46. Miss Heiney is seeking damages including her first months rent, security deposit, attorney's fees, a cleaning fee for her six hours of cleaning at Mr. Staiger's set fee of$35 an hour, utility expenses incurred which she had no benefit of, storage fees, moving truck fees, loss wages, court costs and filing fees, and prejudgment and post judgment interest. 47. Mr. Staiger by his own records admitted to owing Miss Heiney her first month's rent, security deposit, and credit for cleaning when he sent her his "Final Statement of Account." 48. Mr. Staiger suffered no financial loss since he re-rented the property as of April 1 st, 2003 to other tenants. 49. Miss Heiney, the Plaintiff, is suing for breach of contract and unjust enrichment in favor of the Defendant who did not return any of her money. 50. The Plaintiff asks that Actual Damages be awarded to her. The Plaintiff, Carisa L. Heiney, respectfully requests that this Honorable Court enter Judgment in her favor and against the Defendant in the amount of$2,014.07 and all such other reliefas is proper and just. . Respectfully Submitted, ~i~ The Plaintiff 717-421-3262 108 North 26th Street Camp Hill, PA 17011 Verification 1, Carisa L. Heiney, verify that the statements made in the foregoing are true and correct to the best of my knowledge, information, and belief. I understand that false s1atements therein are subject to . the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. 1M.. ?- 20-0".:> c.fJ""~ C'..? . . . .. Certificate of Service I, Carisa L. Heiney, do hereby certify that a true and correct copy of the Complaint was placed in the United States Mail, postage prepaid, return receipt requested in Camp Hill, Pennsylvania on September :;to ~ 2003 and addressed to the following: Scott A. Staiger 5179 East Trindle Road Mechanicsburg, P A 17050 Date: 9-20 -(J3 Respectfu Submitted, t!;i - Cansa L. Heiney 717-421-3262 The Plaintiff () c'- '.,") 1 J "". '.. le_' . . .~ \.....} -OJ ., ---<;: . CO?'! '" ~ LEASE AGREEMENT THIS LEASE, made this ~Day Scott Staiger, The Owner or (Hereinafter whether one or more, of January. 2003 BETWEEN ( Landlord, and Carisa Heinev~ referred to as "Tenant") WITNESSETH: That Owner hereby leases to Tenant and the latter lets from the former, the apartment designated as: 5179 East Trind1e Road Unit 2 Mechanicsburq. PA 17050 hereinafter called the "premises", for the term of Thirteen (13) Months beginning on the 1st day of March. 2003 and ending on the 31st day of March. 2004 at the rent of Five Thousand Five Hundred Nintv Dollars ($5.590.00) per Thirteen (13) months payable in monthly installments of Four Hundred thirty and 00/100 Dollars ($430.00) due on the 1st of each and every month in advance. This letting is upon the following terms and conditions: l. Rent. Tenant agrees to pay to Landlord the monthly rent set forth above on the 1st day of each month in advance, at such place as Landlord shall designate. Tenant further shall pay a late charge of five (5%) percent per month of the amount of rent in default on the 3rd day of each month, If rental payment is not received by the 5th day of any given month additional late fee charqes will accrue at $5.00 per day until payment is received. If rental is mailed, the postmark date will determine the day of payment. If any check for the rent is returned to Landlord for insufficient funds or other reasons, a $20.00 service charge will be charged. 2. Waiver of Notice to Ouit. Tenant hereby waives the usual notice to quit and agrees to surrender the premises at the expiration of said term, or the termination of this lease for whatever reason, forfeiture or otherwise without notice from lessor whatsoever. If proceedings shall be commenced by lessor to recover possession of the premises, either at. the expiration of the term or earlier termination of the lease, or for non-payment of rent, or for any other reason, tenant specifically waives the right to three (3) months notice and to fifteen (15) or thirty (30) days notice or any other notice required under the Landlord and Tenant Act of 1951 as amended, and agrees that no notice whatsoever shall be required. (1) , . 3. Tenant Pre-Mature Termination. Tenant may terminate this lease without cause prior to its expiration date only by giving written notice to Landlord at least two full calendar months (60 days) in advance of the termination date effective from either the 1st or 15th of any given month; and, if Tenant elects to move prior to the termination date, Tenant must pay to Landlord, at the time notice is given, all rent due to the termination date. In any event, rent must be paid to termination date prior to Tenant I s move, u~k~ep of the ~ unit must be maintained to termination ate, and utilities must be maintained to termination date. If a termination by the Tenant takes effect prior to the original termination date, Tenant shall also pay to Landlord at the time notice of termination is given a penalty for the early lease termination. This penalty or any portion of it is not refundable. This penalty will be determined as follows: a.) If at the time the lease terminates (60 days after the notice is given) you will have rented from Landlord for l~ than "'ix (6) fllll months of.J.,~ease. or Renewal Term you must pay to Landlord th,~ amount equal to three (3) months rent as the penalty. ~ b.) If you will have rented from Landlord for more than ..ix (6) fllll months but less than nine l'9.1.-_f:u:Ll months of Lease or Renewal Term, the penalty will equal two (2) Months ~ent. c. ) If you will have rented from Landlord for more than nine (9) full months of Lease or Renewal Term, the penalty will equal one (1) months rent. .. . =- 4. Rental Increases and Renewals. Landlord may increase the monthly rent or change the term of this Lease on written notice to Tenant given at least Seventy (70) days in advance of the 1st day of the month in which the increase in rent or change in Lease term is effective, but Landlord may not make an increase or a change in the Lease term during the term of the Lease. Rent increases or change in Lease term shall take effect in the manner specified by Landlord. This lease shall continue for a like term under the same terms and conditions as stated herein unless either party shall give notice in writing to the other party at least sixty (60) days prior to the end of this lease of his intention to terminate .the lease agreement or continue same under changed terms or conditions. (2) 5. Use. No unit shall be used for any other purpose other than a private dwelling for the Tenants or Tenants and his, her or their immediate family. No professional business or home occupation of any nature shall be permitted to be conducted within the Unit even if accessory to the main residential use of the Unit. Tenant shall not permit or suffer anything to be done or kept upon or within the Unit or which will interfere with the rights of the other occupants, annoy them with unreasonable noises or otherwise, nor will Tenant commit or permit any nuisance or commit or suffer any immoral or illegal act to be committed within the Unit. 6. Utilities. Tenant understands that equipment for utilities to service the Unit is installed therein and Tenant agrees that the cost of utilities shall be paid as follows: UTILITY Heating of Premises Heating of Water for Premises Electricity Gas Water Telephone Cable TV Service Sewer Trash TO BE PAID BY Resident Resident Resident Resident Owner Resident Resident Owner Owner Landlord shall have the right temporarily services of any utility in the event affecting the same or to facilitate alterations made to the Building. to stop the of accident repairs or 7. Care of Premises. Tenant shall use due care in the use of the premises, the appliances therein, and all other parts of Owner's or Agent's Property. It shall be the responsibility of the Landlord to repair and ma~.~tain, at Landlord's ~xpemre; __ cill" ..appI1ances inQl!l_g~p...9' ,,~.but not limited to, wa-sner and dryer, electric range, refrigerator, trash compactor, dishwasher and garbage disposal unless it is determined the need for repair was due to tenant negligence including, but not limited to, overloading the washer, foreign matter in disposal, grease clog, food particles in dishwasher. damage'to freezer while defrosting, if applicable. etc. In the event that any of the foregoing appliances shall not be repairable, Landlord will, at Landlord's expense. (3) .;;.:,. replace said appliance. Landlord shall have full discretion as to whether any given appliance shall be repaired or replaced. Upon the expiration or sooner termination of this Lease, all appliances not in working condition shall be repaired at Tenant's expense and the cost thereof shall be deducted from Tenant's security deposit as hereinafter provided. 8. Rules and Requlations Concernino Use and Occuoancv. Tenant's use and occupancy of the Unit, and other portions of the Property shall be subject to the following regulations: a.) One dog, A Female ChocolatE' Lab will be permitted or kept in the apartment or elsewhere on the Owner's property. b.) Tenant(s) members of his (their) family, his (their visitors and servants shall not at any time make any noise, do anything or conduct themselves in any way which disturbs any other resident or interferes with the rights, comfort, or conveniences of any other resident. Musical or sound reproducing instruments or singing within the apartment shall be inaudible outside the apartment between 10 o'clock each night and 9 o'clock the following morning. c.) No resident shall place or permit to be placed or maintained any sign or advertising matter or device or any roof a'erial or other structure in any window of the apartment or elsewhere or upon the Owner's property. No resident shall place or permit to be placed or maintained any awning, screen, shade or blind in or at any window of the apart:ment without prior consent of the Owner or Agent. Damage to storm doors and windows due to negligence will be the responsibility of the tenant. d.) Tenant shall use plumbing and electrical installations only for their intended purposes and shall be fully responsible for the maintenance of same and for cleaning any stoppages in waste water lines. e.) Maximum occupancy: No more than ---1- person (s) will be permitted to occupy thE' apartment, designated as Carisa Heinev. f.) Tenant (s) agree (s) that Own.er or Agent may change their regulations from time to time as may be requf'red to protect the apartment or Owner's other property to add to tenant's enjoyment of it. (4) ... ~. . G: 10. 11. g.) Tenant (s) are allowed only Q parking space (s) in parking area. Deliver of possession by Landlord. If, due to beyond Landlord's control, the Unit shall not be ready for occupancy at the beginning of the term herein provided, this Lease shall nevertheless remain in effect and the rent shall be abated proportionately until the Unit is ready and Landlord shall not be liable for delay; provided, if the Unit shall not be ready of occupancy sixty (60) days after the beginning of the term as herein provided, Tenant shall have the right to cancel this Lease by written notice delivered to Landlord at any time after the expiration of sixty (60) days, but not after the Unit is ready of occupancy. Tenant's remedy shall be limited to such right of cancellation and upon such cancellation neither party shall have any further rights against the other, said Landlord shall rel2.~ an~eposit mad,,: bL_Te_na~t. If Tenant shall occupy the 1JiJ.~E prior'-to die be~:linning of 'the term as herein provided, such occupancy Elhall be subject to the terms of this Lease and Tenant shall pay prior to occupying the Unit rent for the same period from the date of such occupancy to the beginning of said term. Damaoe by Fire. If the Unit is damaged by fire or other casualty, Landlord shall repair within a reasonable time and rent shall continue unless the casualty renders the Unit untemmtable, in which case this lease shall terminate and Tenant, upon payment of all rent to the date the Unit is surrendered, shall not be liable for any further rent. If only a portion of the Unit is rendered untenantable, the Tenant may, with the mutual agreement of Landlord, alternatively choose to continue in possession and shall Thereupon be entitled to a pro rata reduction in the amount of rent provided that the election to proceed under this alternative shall not be a waiver of Tenant's right to terminate if repairs are not made within ninety (90) days. Property Damaoe and Personal Iniurv. Tenant agrees that Landlord shall not be liable for property damage or personal injury occurring in the Unit or elsewhere on the Property unless the damage or injury results directly from Landlord's negligence. Tenant is instructed to purchase, at Tenant's expense, a Tenant's Homeowner's Policy to insure his personal injury. to Tenant, other occupants, guests, or visitors, that occurs within the Unit or elsewhere on the Property. (5) ... '. 12. Rioht of Entry. Landlord, or a.ny person authorized by Landlord, shall have the right to enter the Unit at reasonable times to inspect, replace appliances as needed, and, after notice of termination is given, to show the Unit to prospective Tenants. Landlord shall give Tenants notice of his or their intention to enter, if possible. However, Tenant consent shall not be necessary in case of emergency. 13 . Security Deposit. Tenant agrees to pay as security deposit the amount of Four Hundred Thirtv Dollars ($430.00)Dollars prior to the occupancy of the Unit. The security deposit shall be held by Landlord as security for the payment of all rent and other amounts due from Tenant to Landlord, for the Tenant's performance of this Lease and against any damages caused by Tenant or Tenant's family or other occupants to the Unit or the Owner's Property. Tenant understands and agrees that the security deposit may not be applied as rent or as a9ainst any other amount due from Tenant to Landlord, without Landlord's written consent, and that monthly rent will be paid each month, including the last month of the Lease term. Within thirty (30) days following the termination of this Lease, Landlord shall return the security deposit, less any deductions from it on account of amounts owed by Tenant to Landlord by check payable to all persons signing this Lease, mailed to a forwarding address which must' be furnished by Tenant in writing within twenty (20) days after removal from the Unit. THERE WILL BE A CLEANING CHARGE AND/OR CARPET CLEANING CHARGE, IF NECESSARY, UPON MOVE-OUT. 14. Default. a. If any rent for the Unit comes due under the terms of this Lease and if the same I'emains unpaid for five (5) days after written notice thereof by Landlord to Tenant, there shall be Deemed a default of this Lease., b. If Tenant fails to comply with any term, covenant or provision of this Lease other than the payment of rent, and if tenant shall fail to make reasonable measures to cure such noncompliance within fifteen (15) days after written notice thereof by Landlord to Tenant, there shall be deemed a default of this lease. c. If Tenant shall file a petition in bankruptcy'or receivership or if such a petition is filed against Tenant and reasonable measures to discharge same (6) ... " are not taken within thirty (30) days or written notice of such petition by Landlord to Tenant, there shall be deemed a default of this Lease. d. If Tenant shall make an assignment for the benefit of creditors or becomes insolvent, there shall be deemed a default of this Lease. e. Upon default of this Lease, Landlord may enter the Uni t as agent of Tenant and in Landlord's own right without being liable for prosecution or damages therefor and relet the Unit as agent of Tenant and receive rent therefor. f. Upon such entry, Landlord shall use reasonable efforts to relet the Unit. g. Upon such entry, all rights of Tenant to possess the unit under this Lease shall be forfeited. Such entry by Landlord shall not operate to release tenant from any rent to be paid or covenants to be performed during the full term of this Le,ase. h. Upon such entry, Landlord shall be authorized to make such reasonable repairs in or to the Unit as may be necessary to place the same in good order and condition for the purpose of reletting. i. Tenant shall be liable to Landlord for the reasonable costs of such repairs and all reasonable expenses in reletting, includin9, but not limited to, any real estate brokerage commission actually paid. 15. Collections. Any unpaid monies due Consolidated Properties 30 days after tenant receives statement will be turned over to a collections agency. Tenant will be responsible for legal costs, cost of collections, court costs, and any other fees associated with the collection of monies owed Consolidated Properties. 16. CONFESSION OF JUDGMENT FOR POSSESSION OF UNIT. TENANT AGREES THAT IF THIS LEASE SHALL, BE TERMINATED, EITHER BECAUSE OF CONDITIONS BROKEN DURING THE TERM OF THIS LEASE OF ANY HOLDING OVER THEREOF, OR WHEN THE TERM' HEREBY CREATED SHALL HAVE EXPIRED, THEN, IN THAT EVENT, LANDLORD MAY CAUSE A JUDGMENT OF EJECTMENT TO BE ENTERED AGAINST TENANT FOR POSSESSION OF THE UNIT,AND FOR THAT PURPOSE TENANT HEREBY AUTHORIZED AND EMPOWERS ANY PROTHONOTARY, CLERK OF COURT OR ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR TENANT AND CONFESS JUDGMENT AGAINST TENANT IN EJECTMENT FOR POSSESSION OF (7) " THE UNIT. FURTHER, TENANT COVENJINTS AND AGREES THAT LANDLORD MAY COMMENCE AN AC'J:ION PURSUANT TO THE PENNSYLVANIA RULES OF CIVIL PROCElDURES FOR THE ENTRY OF AN ORDER IN EJECTMENT FOR POSSESSION OF REAL PROPERTY, AND TENANT FURTHER AGREES THAT A WRIT OF POSSESSION PURSUANT THEREOF MAY BE ISSUED FORTHWITH, FOR WHICH AUTHORIZATION TO CONFESS JUDGMENT AND FOR THE ISSUANCE OF A WRIT OR WRITS OF POSSESSION PURSUANT THEREOF MAY BE ISSUED FORTHWITH, FOR WHICH A.UTHORIZATION TO CONFESS JUDGMENT AND FOR THE ISSUANCE .oF A WRIT OR WRITS OF POSSESSION PURSUANT THEREOF, THIS LEASE, OR A TRUE AND CORRECT COPY THEREOF, SHALL BE SUFFICIENT WARRANT. Tenant, by affixing his signature immediately at the end of this paragraph, hereby consents to the warrant of attorney to confess judgment and such consent is made understandingly, intentionally and voluntarily and that Tenant's annual income is in excess of $10,000.00. TENANT: C/ kZ~J~ / This Lease is subject anr su~ordinat~o the lien of all existing mortgages and all mortgages hereinafter placed upon any part of the Property which includes this Unit. Tenant agrees, on request, to Subordination execute such further instruments evidencing such subordination as Landlord may request, and, if Tenant fails to do so, Landlord is her'eby empowered to do so in the name of Tenant. 17. Assionino and Sublettino. Tenant shall not assign this Lease or sublet all or any portion of the Unit without Landlord's prior written consent. 18. Declaration of Governinq Laws. This Lease shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. 19. Cumulative Remedies. The specified remedies to which Landlord may resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or means of regress to which Landlord may be lawfully entitled in case of any default or threatened default by the Tenant of any provision or provisions of this Lease. 20. Entire Aqreement and Modification. This Lease contains the entire agreement between the parties and any executory agreements hereafter made shall be (8) ... . . ineffective in whole or in writing enforcement sought. to change, modify OJ:' discharge this Lease in part, unless such executory agreement is and signed by the parties against whom of the Lease, modification or discharge is 21. Lease Bindino Upon Heirs. Executors. Administrators. Successors. and Assions. The term "Tenant" used herein shall refer collectively to all persons named above, and signing this lease as Tenant, and the liability of each such person shall be joint and several. Notice gi ven by Landlord to any person named as Tenant or by any such person to Landlord, shall bind all persons signing this lease as Tenant. The term "Tenant" shall also refer to any persons named as heirs, executors, administrators, successors, of the respective parties hereto as if they were in ,every case named and expressed. 22. Severabilitv. If any provision of this Lease shall be declared invalid or unenforceable, the remaining provisions of this Lease shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the date and year first-above written. Leaseholder: f--I t~~.A~ (SEAL) elf (SEAL) ~--i4-. (SEAL) (9) .;;, "~~""I7S<':"'C'.h" '~~}f~/~"~::~,~t...:. -. .-"" ...... {, ..J. ineffective to change, modify or discharge this Lease in whole or in part, unless such executory agreement is in writing and signed by the parties against whom enforcement of the Lease, modifica,tion or discharge is sought. 21. Lease Bindino Upon Heirs. Executors. Administrators. Successors. and Assions. The term "Tenant" used herein shall refer collectively to all persons named above, and signing this lease as Tenant, and the liability of each such person shall be joint and several. Notice given by Landlord to any person named as Tenant or by any such person to Landlord, shall bind all persons signing this lease as Tenant. The term "Tenant" shall also refer to any persons named as heirs, executors, administrators, successors, of the respective parties hereto as if they were in every case named and expressed. 22. Severability. If any provision o:E this Lease shall be declared invalid or unenforceable, the remaining provisions of this Lease shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the date and year first-above written. Leaseholder: (l r/ ,~~/ (SEAL) (SEAL) O~ -- (SEAL) ~./ B't ~rc-"'- '3 "J t-e..\,,\PDvq.,.y Q.~\\c::. ~V\. ~~(....Q..-fov r S \-c~~ j ~ A1>r"\..- ~O~ re.~V\eAf\.T ~\'\S ~~ ('t(((.~ '" (9) .;::. " C) -(', , . ") II ~i ,. 'I t'-J ,- ::::~- ,.J . ~ , 'I-_) q;:;' Carisa L. Heiney Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. NO, 03-3458 Scott A Staiger Appellee CIVIL ACTION - LAW To: Scott A Staiger Date of Notice: i ,0 115 ; j. -, \ '"-' ,,) IMPORT ANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO ALA WYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE -mu CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S, Bedford Street Carlisle, PA 17012 (717) 249-3166 ca2:a/ Heiney // (717)421-3~ 108 N. 26th Street Camp Hill, P A 17011 Certiticate of Service I, Carisa L. Heiney, do hereby certify that a true and correct copy of the ten-day notice (Important Notice) was sent certitied mail in Camp Hill, Pennsylvania on October 15. 2003 and addressed to the tallowing: Scott A. Staiger 5179 East Trindle Road Mechanicsburg, P A 17050 Date:~ Re~eC\fu}i",s~bmi~ed, , L.!. f. f '-'-0...., . Carisa L. Heiney ~) The Plaintiff 717-421-3262 108 North 26th Street Camp Hill, PA 17011 . Complete items 1, 2, and 3. Also com plete . item 4 if Restricted Delivery is desired . Print your name and address on the rElverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: rI/,e .. <;;;;P;'T7' 5'~c ~..;.~ ~-/79 E. T~'V&~' Ii(}). ('fI~#. ~ 1705.0 2, . 7001 2510 0006 0165 9359 Domestic Return Receipt 102595-99-M-1789 PS Form 3811, July 1999 x o Agent o AddresSE 1? 0 Yes D No D. Is delivery ad_dres,s,d.i~erent from ite If YES, emer' delivery' a'dtkess belo f. ,~ ' l~r/; J ":taJ 3. Service Type ~Certified Mail o Registered o Insured Mail l1...... . ' I o Express Ma o Return Ree ipt for'l1erchandiSI D C,Q,Q, ,', 4. Restricted Delivery? (Extra Fee) Dyes . Complete nems 1. 2, and 3, Also complete Item 4 If Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mallpiElce, or on the front if space permits. 1. Article Addressed to: 5coH ~\C.f r 5 Il C(, C '( (,'i\fu \~.\ Yl\Q. c. Ivlv(l ic.. OS b rc<j , 9 'PI 116 5() 2. Article Number (Transfer from service label) PS Form 3811. August 2001 &U_ . ' 3. Service Type ~Cerlified Man D Express Mall o Registered 0 Return ReceIpt o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) r Merchandise DYes 100 I 2.510 ceo B\ Domestic Return Receipt CI ..... U1 SenlTo (;. \_\ C"",' . ru ..> CO~~ +0.., 'I.:-C' ~ -~:~;:;:~i~~O.;h-----;J.~7-q----i------i-~--:;-d.-l;'-- d ~ .ti;';'St;;';;ZtPi4~'~:h.';;;';;~hmm.mmfxm.. in7~~m ['- U] Jl IT" Jl rn ..... ;T H Return Aeceipt Fee o (Endorsement ReqUired) CI CI RestrIcted Delivery Fee (Endorsement Required) Total Postage & Fe.,s 2ACPRI..()3..l~ Postage $ $0.37 Certified Fee $1.l5 $0.00 $ $4.42 - o c -::) ~ ') ,< -0D. n I ~ ; ;:< /- ~.? r":: ( .;~- ,~.. C',," ~r' --~ :-.0 =< .r- Johnson, Duffie, Stewart & Weidner By: David J. Lanza LD. No. 55782 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-01 09 (717) 761-4540 Attorneys for Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV NIA NO. 03-3458 CARISA L. HEINEY, v. CIVIL ACTION - LAW SCOTT A. STAIGER, Defendant NOTICE TO PLEAD TO: Carisa L, Heiney c/o Vicky Fake 108 N, 26th Street Camp Hill, PA 17011 AND NOW, this n t';jay of October, 2003, you are hereby notified to file a written respons to the enclosed preliminary objections within twenty (20) days of the date of service hereof, or judgment ay be entered against you. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDr-lIER By: 9-J David J, Lanza jlb:219556 9670-2 Johnson, Duffie, Stewart & Weidner By: David J. Lanza LD. No. 55782 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV NIA NO, 03-3458 CARISA L. HEINEY, v. CIVIL ACTION - LAW SCOTT A. STAIGER, Defendant PRELIMINARY OBJECTIONS OF DEFENDANT SCOTT STAIGER AND NOW, this \l ~ay of October, 2003, comes Defendant Scott Staiger, through his unde igned counsel, and preliminarily objects to Plaintiffs' complaint upon the following: 1. Plaintiff's Complaint fails to state a claim upon which relief can be granted, 2. Plaintiff fails to set forth any basis for an award of attorney fees in Plaintiff's favor. 3. Plaintiff's Complaint includes numerous allegations regarding a railing. 4. Plaintiff's Complaint fails to establish damages sought by Plaintiff, i a connection between this alleged railing and the 5. Plaintiff fails to attach a copy of the writing upon which Plaintiff relies, WHEREFORE, Defendant requests that this Honorable Court dismiss Plaintiff's Complaint. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WElD ER t By: David J. Lanza Attorney I.D. No, 55782 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant VERIFICA TION I, David J. Lanza, attorney for Defendants, hereby certify that the matters asserted herein c nstitute matters of record, legal arguments and matters within the direct knowledge of counsel. The sta ments contained herein are true and correct to the best of the knowledge of the undersigned. This verifi tion is made pursuant to the provisions of 18 Pa.C.SA ~904, y~jl i David .1. Lanza Date: October 17, 2003 CERTlFICA TE OF SERVICE AND NOW, this J.f1ay of October, 2003, the undersigned does hereby certify that she did tf! is date serve a copy of the foregoing document upon the other parties of record by causing same to be depo ited in the United States Mail, first class, postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Carisa L. Heiney c/o Vicky Fake 108 N. 26'h Street Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDN R By:-4 . U Jennif (} c :;;:;;... l~ij: nli' .:;:C::, ;.:~ ;- (;J -(, r;:l. ~\ ~:f~i ~ ;: C":.) C..." (::-:> C) ..... :'0 C..l q '. w , , .:c) In i', Cl -,-~ ~l:: Carisa L. Heiney P;;~~;i{f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO, 03-3458 Scott A. Staiger .4 "ff ...'1 fhftt'\J4Y1t CML ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or your 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 LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17101 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defenses 0 sus objeciones a las demandas en contra de us persona, Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alvivio que es pedido en la peticion de demanda. Usted puede perder dinero os sus propiedades 0 otros derechos importantes para usted. LLEVE EST A DEMAND A UN ABODAGO INMEDIAT AMENTE. SI NO TIENNE ABOGADO 0 SI NO TIENE EL DlNERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DlRECCION SE ENCUENTRA ESCRlT A ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, P A 17013 (717) 249- 3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARISA L. HEINEY, Plaintiff CIVIL ACTION - LAW v. SCOTT A. STAIGER, NO.: 03-3458 Defendant PLAINTIFF'S AMENDED COMPLAINT IN RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS PURSUANT TO Pa.R.C.P.1028(c) (1) Christian C. Hugel, Esquire PA ID No.76062 502 Market Street Lemoyne, PA 17043 (717) 737'-5255 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARISA L. HEINEY, Plaintiff CIVIL ACTION - LAW v. SCOTT A. STAIGER, NO.: 03-3458 Defendant PLAINTIFF'S AMENDED COMPLAINT IN RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS PURSUANT TO Pa.R.C.P.1028(c) (1) 1. Plaintiff, Carisa L. Heiney, is a Pennsylvania resident currently residing at 329A N. 17th Street, Camp Hill, PA, 17011. 2. Defendant, Scott A. Staiger, is a Pennsylvania resident currently residing at 5179 East Trindle Road, Mechanicsburg, Hampden Township, PA, 17050. 3. In January, 2003, Defendant advertised an apartment for rent located at 5179 East Trindle Road, Mechanicsburg, Hampden Township, PA, 17050 (hereinafter "the Apartment"). The Apartment is attached to Defendant's residence. 4. Plaintiff responded to Defendant's advertisement and viewed the Apartment twice in January, 2003. 5. Plaintiff indicated to Defendant that the condition of the steps and landing were unsafe for her, her dog, and invitees to the Apartment including her young niece and nephew due to the lack of a proper railing. 6. Plaintiff requested, and Defendan1: agreed, to add an Addendum to the Lease concerning repair of railings on the steps and porch leading to the only entrance to ':he Apartment on the second floor of the building. 7. The Addendum required Defendant to install temporary railings on the steps by March 3, 2003, and permanent railings by April 30, 2003. 8. Defendant added the Addendum to the Lease in his own handwriting and initialed the Addendum on or about January 25, 2003. 9. On or about January 25, 2003, Plaintiff and Defendant entered into a Lease Agreement for lease of the Apartment having an address of 5179 East Trindle Road, Unit 2, Mechanicsburg, Hampden Township, PA, 17050. A true and correct copy of the Lease Agreement is hereby attached to this Amended Complaint as Exhibit 1. 10. Hampden Township adheres to the 2000 International Residential Code with regard to the construction of premises that are to be leased to the public. Section R 3l6.2 of the 2000 International Residential Code indicates the requirements for railings on outside stairways and porches. A copy of Section R 316.2 of the 2000 International Residential Code is hereby attached as Exhibit 2. 11. As agreed by the parties, Plaintiff attempted to move into the apartment on February 28, 2003, but was unable to do so because no railings were installed and the apartment had not been cleaned after being vacated by the previous tenants. 12. Plaintiff immediately notified Defendant that the apartment was not yet fit for occupancy. 13. On or about March 4, 2003, Plaintiff visited the Apartment and observed that Defendant had nailed a single two-by- four along some sections of the railing for the steps and the porch. 14. The additional two-by-four did not address Plaintiff's concerns regarding the safety of herself, her dog, or invitees to the Apartment. 15. The additional two-by-four did not bring the railings for the steps and porch up to code. 16. Temporary railings must conform to the 2000 International Residential Code in Harnden Township. 17. Plaintiff and Defendant had several conversations concerning the condition of the Apartment and Defendant indicated to Plaintiff that he would be unable to fix the railings on the steps and porch until the end of April, aft:er tax season. 18. On or about March 8, 2003, Plaintiff requested that the Lease be terminated and her security depos:lt and first month's rent be returned. Defendant refused. 19. Plaintiff is entitled to return of her security deposit in the amount of Four Hundred and Thirty Dollars ($430.00). 20. Plaintiff is entitled to return of her first month's rent in the amount of Three Hundred Dollars ($300.00). 21. Plaintiff is entitled to return of the truck rental fee to remove her belongings from Defendant's premises in the amount of Thirty Dollars ($30.00). 22. Plaintiff is entitled to return of her costs in the amount of One Hundred, Fifty Dollars and Seventy-Five Cents ($150.75) . 23. Plaintiff is entitled to return of her costs for gas and electric service in the amount of Fifty-One Dollars and Ninety Cents ($51. 90) . 24. Plaintiff is entitled to reimbursement for her time spent cleaning Defendant's premises in the amount of Two Hundred, Ten Dollars ($210.00). 25. Plaintiff is entitled to reimbursement for storage costs for her belongings while she searched for a place to live due to Defendant's breach of the Lease in the amount of Ninety-Five Dollars and Forty Cents ($95.40). 26. Plaintiff is entitled to reimbursement of her attorneys fees in the amount of Eight-Hundred, Fifty Dollars ($850.00). 27. Plaintiff is entitled to statutory interest on her damages at the rate of 6% per annum in the amount of Eighty-Four Dollars and Seventy-Two Cents ($84.72). WHEREFORE, amount of Two Plaintiff respectfully Thousand, Two Hundred, demands judgment in the Two Dollars and Seventy- Seven Cents ($2202.77) and any other remedy that the Court may deem appropriate under the circumstances. Respectfully Submitted, {/ Christian C. Hugel, PA ID No.: 76062 502 Market Street Lemoyne, PA 17043 (717) 737-5255 Attorney for Plaintiff (') <:::> ~ c w ~ ""= ""Or,,;: :~:! ITJ(n 0 "1 >1 2~x; ..c:;: f= "";? 1'"11 Vi " .j;- c,;J ~< CI I~' \. ~; ;~ ;, \. :'::! Z () );' ( 1'" ;. rn ~;.. :':~f ...: ::::> --I ~:iJ -<: '0 -< ,~ LEASE AGREEMENT THIS LEASE, made this 25 Day Scott Staiger, The Owner or (Hereinafter whether one or more, of Januarv, 2003 BETWEEN Landlord, and Carisa Heinev, referred to as "Tenant") WITNESSETH: That Owner hereby leases to Tenant and the latter lets from the former, the apartment designated as: 5179 East Trind1e Road Unit 2 Mechanicsburq, PA 17050 hereinafter called the "premises", for the term of Thirteen (13) Months beginning on the 1st day of March, 2003 and ending on the 31st day of March, 2004 at the rent of Five Thousand Five Hundred Nintv Dollars ($5,590.00) per Thirteen (13) months payable in monthly installments of Four Hundred thirty and 00/100 Dollars ($430.00) due on the 1st of each and every month in advance. This letting is upon the following terms and conditions: 1. Rent. Tenant agrees to pay to Landlord the monthly rent set forth above on the 1st day of each month in advance, at such place as Landlord shall designate. Tenant further shall pay a late charge of five (5%) percent per month of the amount of rent in default on the 3rd day of each month. If rental payment is not received by the 5th day of any given month additional late fee charqes will accrue at $5.00 per day until payment is received. If rental is mailed, the postmark date will determine the day of payment. If any check for the rent is returned to Landlord for insufficient funds or other reasons, a $20.00 service charge will be charged. 2. Waiver of Notice to auit. Tenant hereby waives the usual notice to quit and agrees to surrender the premises at the expiration of said term, or the termination of this lease for whatever reason, forfeiture or otherwise without notice from lessor whatsoever. If proceedings shall be commenced by lessor to recover possession of the premises, either at the expiration of the term or earlier termination of the lease, or for non-payment of rent, or for any other reason, tenant specifically waives the right to three (3) months notice and to fifteen (l5) or thirty (30) days notice or any other notice required under the Landlord and Tenant Act of 1951 as amended, and agrees that no notice whatsoever shall be required. (1) f XHIB/t #1 3. Tenant Pre-Mature Termination. Tenant may terminate this lease without cause prior to its expiration date only by giving written notice to Landlord at least two full calendar months (60 days) in advance of the termination date effective from either the 1st or 15th of any given month; and, if Tenant elects to move prior to the termination date, Tenant must pay to Landlord, at the time notice is given, all rent due to the termination date. In any event, rent must be paid to termination date prior to Tenant's move, ul~keep of the ~ unit must be maintained to termination date, and . utilities must be maintained to termination date. If a termination by the Tenant takes effect prior to the original termination date, Tenant shall also pay to Landlord at the time notice of termination is given a penalty for the early lease termination. This penalty or any portion of it is not refundable. This penalty will be determined as follows: a.) If at the time the lease terminates (60 days after the notice is given) you will have rented from Landlord for l~ than iii;" (6) full months of._yease. or Renewal Term you must pay to Landlord the amount equal to three (3) months rent as the penalty. - b. ) If you will have rented from Landlord for more than "ix (61 full months but less than nine l.91-.- f:u;ll months of Lease or Renewal Term, the penalty will equal two (2) Months ~ent. c. ) If you will have rented from Landlord for more than nine (9) full months of Lease or Renewal Term, the penalty will equal one (1) months r~nt. . ._.---~- 4 . Rental Increases and Renewals. Landlord may increase the monthly rent or change the term of this Lease on written notice to Tenant given at least Seventy (70) days in advance of the 1st day of the month in which the increase in rent or change in Lease term is effective, but Landlord may not make an increase or a change in the Lease term during the term of the Lease. Rent increases or change in Lease term shall take effect in the manner specified by Landlord. This lease shall continue for a like term under the same terms and conditions as stated herein unless either party shall give notice in writing to the other party at least sixty (60) days prior to the end of this lease of his intention to terminate the lease agreement or continue same under changed terms or conditions. (2) Use. No unit shall be used for any other purpose other than a private dwelling for the Tenants or Tenant~ and his, her or their immediate family. No professlonal business or home occupation of any nature shall ~e permitted to be conducted within the Unit eve~ lf accessory to the main residential use of the Unlt. Tenant shall not permit or suffer anything to be done or kept upon or within the Unit or which will interf7re with the rights of the other occupants, annoy them wlth unreasonable noises or otherwise, nor will Tenant commit or permit any nuisance or commit or suffer any immoral or illegal act to be committed within the Unit. 5. Utilities. Tenant understands that equipment for utilities to service the Unit is installed therein and Tenant agrees that the cost of utilities shall be paid as follows: 6. UTILITY Heating of Premises Heating of Water for Premises Electricity Gas Water Telephone Cable TV Service Sewer Trash TO BE PAID BY Resident Resident Resident Resident Owner Resident Resident Owner Owner Landlord shall have the right temporarily services of any utility in the event affecting the same or to facilitate alterations made to the Building. to stop the of accident repairs or 7. Care of Premises. Tenant shall use due care in the use of the premises, the appliances therein, and all other parts of Owner's or Agent's Property. It shall be the responsib~!.ity of, the Landlord, torepaiL.PJl.cl maintain, a~<go!:d'sexpense, all" appliimces;inqluding, but not -limited to, washer and dryer, electric range, refrigerator, trash compactor, dishwasher and garbage disposal unless it is determined the need for repair was due to tenant negligence including, but not limited to, overloading the washer, foreign matter in disposal, grease clog, food particles in dishwasher, damage to freezer while defrosting, if applicable, etc. In the event that any of the foregoing appliances shall not be repairable, Landlord will, at Landlord's expense, (3) replace said appliance. Landlord shall have full discretion as to whether any given appliance shall be repaired or replaced. Upon the expiration or sooner termination of this Lease, all appliances not in working condition shall be repaired at Tenant's expense and the cost thereof shall be deducted from Tenant's security deposit as hereinafter provided. 8. Rules and Requlations Concerninq Use and Occupancy. Tenant's use and occupancy of the Unit, and other portions of the property shall be subject to the following regulations: a.) One dog, A Female Chocolate Lab will be permitted or kept in the apartment or elsewhere on the Owner's property. b.) Tenant(s) members of his (their) family, his (their visitors and servants shall not at any time make any noise, do anything or conduct themselves in any way which disturbs any other resident or interferes with the rights, comfort, or conveniences of any other resident. Musical or sound reproducing instruments or singing within the apartment shall be inaudible outside the apartment between 10 o'clock each night and 9 o'clock the following morning. c.) No resident shall place or permit to be placed or maintained any sign or advertising matter or device or any roof aerial or other structure in any window of the apartment or elsewhere or upon the Owner's property. No resident shall place or permit to be placed or maintained any awning, screen, shade or blind in or at any window of the apartment without prior consent of the Owner or Agent. Damage to storm doors and windows due to negligence will be the responsibility of the tenant. d.) Tenant shall use plumbing and electrical installations only for their intended purposes and shall be fully responsible for the maintenance of same and for cleaning any stoppages in waste water lines. e. ) Maximum occupancy: No more than ---1- person (s) will be permitted to occupy the apartment, designated as carisa Heinev. f.) Tenant(s) agree(s) that Owner or Agent may change their regulations from time to time as may be required to protect the apartment or Owner's other property to add to tenant's enjoyment of it. (4) /-------.., / \ I 9. i ~ 10. 11. g.) Tenant(s) are allowed only Q parking space(s) in parking area. Deliver of Possession bv Landlord. If, due to beyond Landlord's control, the Unit shall not be ready for occupaiiCY'at the-'beginning of the term herein provided, this Lease shall nevertheless remain in effect and the rent shall be abated proportionately until the Unit is ready and Landlord shall not be liable for delay; provided, if the Unit shall not be ready of occupancy sixty (60) days after the beginning of the term as herein provided, Tenant shall have the right to cancel this Lease by written notice delivered to Landlord at any time after the expiration of sixty (60) days, but not after the Unit is ready of occupancy. Tenant's remedy shall be limited to such right of cancellation and upon such cancellation neither party shall have any further rights against the other, said Landlord shall repay ~~y deposit, made by Tenant. If Tenant shall occupy the UIiit prior to the beginning of the term as herein provided, such occupancy shall be subject to the terms of this Lease and Tenant shall pay prior to occupying the Unit rent for the same period from the date of such occupancy to the beginning of said term. Damaoe bv Fire. If the Unit is damaged by fire or other casualty, Landlord shall repair within a reasonable time and rent shall continue unless the casualty renders the Unit untenantable, in which case this lease shall terminate and Tenant, upon payment of all rent to the date the Unit is surrendered, shall not be liable for any further rent. If only a portion of the Unit is rendered untenantable, the Tenant may, with the mutual agreement of Landlord, alternatively choose to continue in possession and shall Thereupon be entitled to a pro rata reduction in the amount of rent provided that the election 'to proceed under this alternative shall not be a waiver of Tenant's right to terminate if repairs are not made within ninety (90) days. Prooertv Damaoe and Personal Iniury. Tenant agrees that Landlord shall not be liable for property damage or personal injury occurring in the Unit or elsewhere on the Property unless the damage or injury results directly from Landlord's negligence. Tenant is instructed to purchase, at Tenant's expense, a Tenant's Homeowner's Policy to insure his personal injury to Tenant, other occupants, guests, or visitors, that occurs within the Unit or elsewhere on the Property. (5) 12. Rioht of Entry. Landlord, or any person authorized by Landlord, shall have the right to enter the Unit at reasonable times to inspect, replace appliances as needed, and, after notice of termination is given, to show the Unit to prospective 'renants. Landlord shall give Tenants notice of his or their intention to enter, if possible. However, Tenant consent shall not be necessary in case of emergency. 13. Securitv Deposit. Tenant agrees to pay as security deposit the amount of Four Hundred Thirtv Dollars ($430.00)Dollars prior to the occupancy of the Unit. The security deposit shall be held by Landlord as security for the payment of all rent and other amounts due from Tenant to Landlord, for the Tenant's performance of this Lease and against any damages caused by Tenant or Tenant I s family or other occupants to the Uni t or the Owner's Property. Tenant understands and agrees that the security deposit may not be applied as rent or as against any other amount due from Tenant to Landlord, without Landlord's written consent, and that monthly rent will be paid each month, including the last month of the Lease term. Within thirty (30) days following the termination of this Lease, Landlord shall return the security deposit, less any deductions from it on account of amounts owed by Tenant to Landlord by check payable to all persons signing this Lease, mailed to a forwarding address which must be furnished by Tenant in writing within twenty (20) days after removal from the Unit. THERE WILL BE A CLEANING CHARGE AND/OR CARPET CLEANING CHARGE, IF NECESSARY, UPON MOVE-OUT. 14. Default. a. If any rent for the Unit comes due under the terms of this Lease and if the same remains unpaid for five (5) days after written notice thereof by Landlord to Tenant, there shall be Deemed a default of this Lease. b. If Tenant fails to comply with any term, covenant or provision of this Lease other than the payment of rent, and if tenant shall fail to make reasonable measures to cure such noncompliance within fifteen (15) days after written notice thereof by Landlord to Tenant, there shall be deemed a default of this lease. c. If Tenant shall file a petition in bankruptcy or receivership or if such a petition is filed against Tenant and reasonable measures to discharge same (6) l are not taken within thirty (30) days or written notice of such petition by Landlord to Tenant, there shall be deemed a default of this Lease. d. If Tenant shall make an assignment for the benefit of creditors or becomes insolvent, there shall be deemed a default of this Lease. e. Upon default of this Lease, Landlord may enter. the Unit as agent of Tenant and in Landlord's own rJ.ght without being liable for prosecution or damages therefor and relet the Unit as agent of Tenant and receive rent therefor. f. Upon such entry, Landlord shall use reasonable efforts to relet the Unit. g. Upon such entry, all rights of Tenant to possess the unit under this Lease shall be forfeited. Such entry by Landlord shall not operate to release tenant from any rent to be paid or covenants to be performed during the full term of this Lease. h. Upon such entry, Landlord shall be authorized to make such reasonable repairs in or to the Unit as may be necessary to place the same in good order and condition for the purpose of reletting. i. Tenant shall be liable to Landlord for the reasonable costs of such repairs and all reasonable expenses in reletting, including, but not limited to, any real estate brokerage commission actually paid. l5. Collections. Any unpaid monies due Consolidated Properties 30 days after tenant receives statement will be turned over to a collections agency. Tenant will be responsible for legal costs, cost of collections, court costs, and any other fees associated with the collection of monies owed Consolidated Properties. 16. CONFESSION OF JUDGMENT FOR POSSESSION OF UNIT. TENANT AGREES THAT IF THIS LEASE SHALL BE TERMINATED, EITHER BECAUSE OF CONDITIONS BROKEN DURING THE TERM OF THIS LEASE OF ANY HOLDING OVER THEREOF, OR WHEN THE TERM HEREBY CREATED SHALL HAVE EXPIRED, THEN, IN THAT EVENT, LANDLORD MAY CAUSE A JUDGMENT OF EJECTMENT TO BE ENTERED AGAINST TENANT FOR POSSESSION OF THE UNIT, AND FOR THAT PURPOSE TENANT HEREBY AUTHORIZED AND EMPOWERS ANY PROTHONOTARY, CLERK OF COURT OR ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR TENANT AND CONFESS JUDGMENT AGAINST TENANT IN EJECTMENT FOR POSSESSION OF (7) THE UNIT. FURTHER, TENANT COVENANTS AND AGREES THAT LANDLORD MAY COMMENCE AN ACTION PURSUANT TO THE PENNSYLVANIA RULES OF CIVIL PROCEDURES FOR THE ENTRY OF AN ORDER IN EJECTMENT FOR POSSESSION OF REAL PROPERTY, AND TENANT FURTHER AGREES THAT A WRIT OF POSSESSION PURSUANT THEREOF MAY BE ISSUED FORTHWITH, FOR WHICH AUTHORIZATION TO CONFESS JUDGMENT AND FOR THE ISSUANCE OF A WRIT OR WRITS OF POSSESSION PURSUANT THEREOF MAY BE ISSUED FORTHWITH, FOR WHICH AUTHORIZATION TO CONFESS JUDGMENT AND FOR THE ISSUANCE OF A WRIT OR WRITS OF POSSESSION PURSUANT THEREOF, THIS LEASE, OR A TRUE AND CORRECT COPY THEREOF, SHALL BE SUFFICIENT WARRANT. Tenant, by affixing his signature immediately at end of this paragraph, hereby consents to warrant of attorney to confess judgment and consent is made understandingly, intentionally voluntarily and that Tenant's annual income is excess of $10,000.00. the the such and in C/ a._:-~/ This Lease is subject anr sW:ordinat to the lien of all existing mortgages and all mortgages hereinafter placed upon any part of the Property which includes this Unit. Tenant agrees, on request, to Subordination execute such further instruments evidencing such subordination as Landlord may request, and, if Tenant fails to do so, Landlord is hereby empowered to do so in the name of Tenant. 17. Assionino and Sublettino. Tenant shall not assign this Lease or sublet all or any portion of the Unit without Landlord's prior written consent. 18. Declaration of Governinq Laws.. This Lease shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. 19 . Cumulative Remedies. The specified remedies to which Landlord may resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or means of regress to which Landlord may be lawfully entitled in case of any default or threatened default by the Tenant of any provision or provisions of this Lease. 20. Entire Aqreement and Modification. This Lease contains the entire agreement between the parties and any executory agreements hereafter made shall be (8) r ineffective in whole or in writing enforcement sought. 21. Lease Bindino Upon Heirs, Executors. Administrators. Successors. and Assiqns. The term "Tenant" used herein shall refer collectively to all persons named above, and signing this lease as Tenant, and the liability of each such person shall be joint and several. Notice given by Landlord to any person named as Tenant or by any such person to Landlord, shall bind all persons signing this lease as Tenant. The term "Tenant" shall also refer to any persons named as heirs, executors, administrators, successors, of the respective parties hereto as if they were in every case named and expressed. to change, modify or discharge this Lease in part, unless such executory agreement is and signed by the parties against whom of the Lease, modification or discharge is 22. Severabilitv. If any provision of this Lease shall be declared invalid or unenforceable, the rema1n1ng provisions of this Lease shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the date and year first-above written. Leaseholder: (1,/ ~ ~ d/ (SEAL) {/\' (SEAL) O~ --- (SEAL) ~ By 1\IIc......."-"3 "oJ -k V\ PIl<r'l#Y It.. " Ie,. ~ '" l'I4.t"'- -r.v S \-C.,~ j ~ A'(X','\,.. ~O~ ~~V\.fW\.T ~\'\c; ~'" f>14C.~ (9) 11/12/08 02:04pm P. 001 HAMPDEN TO,,",NSHIP 717 7817267 R315. R317.2 BUILDING PLANNING R314 and R315 when [he maximum height frumlhe basement finisbed floor level to grade adjacent to tbe stairway i. covercd by a bulkhead enclosure with hinged doors or other approved means. SECTION R315 HANDRAILS R315.1 HaDdrails. Handrails having minimum and maximum heights of34 inches and 38 inches (864 mm and 965 mm), rc. spectively. measured vertically from the nosing of the treuds, shall be provided on at leasl one side of stairways. All required handrails shall be continuous the full length of lhe stairs wilh two or more risers from a point directly ahove the top riser uf a flightlo a poinl directly above the lowest riscr of the flight. Ends shall beretumed or shall terminate in newel posts or safe. ty terminals. Handrails adjacent to a wall shall have a space or not less than 1.5 inches (38 mm) belween the wall.nd the hand. rail Exceptions: 1. Handrails shall be permiUed 10 be ihlcrrupled hy a newel post at a turn. 2. The use of a volute, lurnuul or starling l:asing shull he allowed over Ihe lowest tread. R315.2 Handrail grip size. The handgrip pnnioH ()fhandrails shall have a circular cross section of 11/4 inches (32 mm) mini- mum to 25/8 inches (67 mm) max.mum. Olher handrail shapes that provide an equivalent grasping sUI'fm;e are pennissihlc. Edges shall have a minimum radius of 1/8 inch (J.2 mID). SECTION R316 GUARDS R316.1 Guards required. Porches, bakonics or raised 110m surfaces located more than 30 inches (762 mm) al10ve lhe floor or grade below shall hav~ guards not less them 36 inehl:s (914 rom) in height. Open sides of slair:s wilh a tmal rise {)f more than 30 inches (762 10m) above the noor or grade heluw shall have guards not less than 34 inches (864 mm) in height mca~ surcd vertically from the nosing of the lreads. R316.2 Guard opening limitations. Rcquired guartls on ('pen sides of slairways, raised floor areas, balconies and porches shall have intennediatc rails orornamcnlal closures thaldn llol allow passage of a sphere 4 inches (102 IllfH) in dimnclt:r. Required guards shall nol be constructed with horizonlul nlil~ or olber ornamental pattern that rcsuhs in a ladder effccl. Exception: The triangular openings formeo by the ri::ier, tread and bottom rail of a guard at the open side of a slairway are permitted to be of sut.:.h a size that a sphere 6 inches (152 mm) cannot pass through. 2OIlO INTERNATIONAL RESIDENTIAL CODE- SECTION R317 SMOKE ALARMS R317.1 SinGle. nnd mnltiplc.station smoke alarms. Single- .md muhiplc-stillion smoke alarms shall be installed in lhe following localions: I. In t:<lch sleeping room. 2. Outside of each separale sleeping area in the immediale vicinity of 1he bedrooms. 3. On each addilional story of Ihe dwelling, including base- ments and cellars but nol including crawl spaces and uninhahilable allics. In dwellings or dwelling units with split levels and wilhoUI an inlervening door between the adjOlcent levels, a smoke alarm installed nn the upper level shalt suffice for the adjacenllower level provided Ihat the Inwcr level is less Ihan one full story below the upper level. When IOnre 1han one smoke alarm is required 10 be installed witoin ~m individual dwelling unit the alarm devicessball be in- lerconncclcd in such a manner that the actuation of one alarm will activate all of the alarms in the individual unit. The alarm shall he clearly audible in all bedrooms over background noise levels wilh all intervening doors clmied. All smoke alarms shall be listed und instaUed in accordance with Ihe provisions oflhis codc and Ihe household fire warning equipmenl provisions or NFPA 72. R317.I.l Alterntions, repairs and ildditions. When inlcri. (lr i1llcrations. repairs or additions requiring a permit occur, or when one or more sleeping moms arc added or created in exisling dwellings, lhe individual dwelling unit shull be pro- vided wilh smoke alarms located us required for new dwell- ings; the smuke alarms shall be interconnected and hard wired. fi;xceptions: I. Smoke alurms in existing areas shall not be required to be inlerconnecled and hard wired where lhe alter- ations or repl:\irs do nOl result in the removal d interior wall or ceHing finishes exposing the struc- ture, unless lhere is an allic, crawl space, or basement aVi.lilahlc which could provideacccss for hard wiring and intcfConneclion without the removal of interior finishes. 2, Repairs to the exterior surfaces of dwellings are exempt from the requirements of this section. R317.2 Power source. In new COtlstlllction, the required SIIlOKC ati:\l'Ins lih"l) receive llleir primilry power from the huild- ing wiring when s~lch wiring bserved fmm a commercial :iourcc, and when primary power is in1enuplcd, shall receiVL: power from a ballcry. Wiring shall he permanent and wiLhout a discClnnecling switch olher than llmse required for ovcrcurrent protection. Smoke alarms shall be permitted 10 be buuery oper- aled when installed in huildings withoul cOInlnercial Jlower or in buildings I1mt undergo allCralions. repairs or addilions regu- I.led by Secti"n R317.J.J. 49 e y.rltl (r- til ! " , i ! VERIFICATION I, Carisa L. Heiney, Plaintiff in the within matter, verify that the statements made in the foregoing Response to Defendant's Preliminary Obj ections are true and correct to the best of my knowledge, information, and belief. The undersigned understands that false statements therein are subj ect to the penal ties of 18 Pa. C.S. 14904, relating to unsworn falsification to authorities. Date: II \ ['z \6'::> cari~ai ~ CERTIFICATE OF SERVICE I, Christian C. Hugel, Esquire, hereby certify that a copy of the foregoing Response To Defendant's Preliminary Objections was served this date by depositing a copy of same at the Post Office, first class mail, postage prepaid, addressed as follows: David J. Lanza, Esquire Johnson, Duffie, Stewart, & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Dated: JI)rl)t1, I , -,-' C Christian C. Hugel, (') G <. -rJi:;-; 1Il(T ~i-;: Co. -< r: <. :.=~ S;'~ ~,~ :''1 -( . o (.,0 ~ ~~~ o ~T1 ~' rn '-.(' c) 'T, ')::8 -0 :.jlTl .;;,:-1 :U -< .r:- ~"O ::;>.: ry => \0 Johnson, Duffie, Stewart & Weidner By: David J. Lanza I.D. No, 55782 301 Market Street p, O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 AttomeysfurDefundam Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-3458 CARISA L. HEINEY, v. CIVIL ACTION - LAW SCOTT A. STAIGER, Defendant NOTICE TO PLEAD TO: Carisa L, Heiney c/o Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 AND NOW, this 1.jro day of December, 2003, you are hereby notified to file a written response to the enclosed preliminary objections within twenty (20) days of the date of service hereof, or judgment may be entered against you. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ,~ David J, Lanza jlb:221 BB2 9670.2 Johnson, Duffie, Stewart & Weidner By: David J. Lanza LD. No. 55782 301 Market Street P. 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3458 CARISA L. HEINEY, v. CIVIL ACTION -LAW SCOTT A. STAIGER, Defendant PRELIMINARY OBJECTIONS OF DEFENDANT SCOTT STAIGER AND NOW, this _ day of December, 2003, comes Defendant, Scott Staiger, through his undersigned counsel, and preliminarily objects to Plaintiffs' Amended Complaint upon the following: 1, Plaintiff's Complaint fails to state a claim upon which relief can be granted, 2, Plaintiff fails to set forth any basis for an award of attorney fees in Plaintiff's favor. 3. Plaintiff's Complaint includes numerous allegations regarding a railing. 4, Plaintiff's Complaint fails to establish a connection between this alleged railing and the damages sought by Plaintiff, 5, Plaintiff relies upon and attaches a portion of the Hampden TownShip ordinances that relates to the construction of new homes, 6. The unit in question does not constitute a new home, nor does Plaintiff make such allegation. 7, Plaintiff seeks various categories of damages, including transportation reimbursement (~21), undefined "costs" m22), utilities m23), cleaning time m24) and storage costs m25). 8. Plaintiff fails to set forth any basis for an award for these categories of damages. WHEREFORE, Defendant requests that this Honorable Court dismiss Plaintiff's Complaint. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: M David J, Lanza Attorney I.D. No. 55782 301 Market Street P,O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant VERIFICA TION I, David J, Lanza, attorney for Defendants, hereby certify that the rnatters asserted herein constitute rnatters of record, legal arguments and rnatters within the direct knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of the undersigned, This verification is made pursuant to the provisions of 18 Pa,C,S,A. 9'1904, ~ David J. Lanza Date: December 9, 2003 CERTIFICA TE OF SERVICE AND NOW, this q+h day of December, 2003, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class, postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Carisa L. Heiney c/o Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 JOHNSON, DUFFIE, STEWART & WEIDNER By: /L~~:,I\ ,)1.J.8~ ~:n~~~ Legal Assistant (J f;; -r' ~ . nil -, ..- -/ r C;"? " c;: l~ ~" z; ;i.,\:. ~.:- =~ CJ W .." , :\ , () 'on ^-;-.::! " -~~ ~ F~3 :,.,) I (,~~ .;() -.,rn , 1~ :=J -.; v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARISA L. HEINEY, Plaintiff CIVIL ACTION - LAW v. SCOTT A. STAIGER, NO.: 03-3458 Defendant PLAINTIFF'S ANSWER TO PRELIMINARY OBJECTIONS OF DEFENDANT SCOTT STAIGER Christian C. Hugel, Esquire PA ID No.76062 502 Market Street Lemoyne, pp, 17043 (717) 737-5255 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARISA L. HEINEY, Plaintiff CIVIL ACTION - LAW v. SCOTT A. STAIGER, NO.: 03-3458 Defendant PLAINTIFF'S ANSWER TO PRELIMINARY OBJECTIONS OF DEFENDANT AND NOW, this 14th day of January, 2004, comes Plaintiff Carisa L. Heiney, by and through her attorney, Christian C. Hugel, Esquire, andfiles the following Answer to Preliminary Objections of Defendant Scott Steiger: 1. Denied. It is specifically denied that Plaintiff's Complaint fails to state a claim upon which relief can be granted. 2. Denied. It is specifically denied that Plaintiff fails to set forth any basis for an award of attorney's fees in Plaintiff's favor. 3. Admitted. 4. Denied. It is specifically denied that Plaintiff's Complaint fails to establish a connection between the alleged railing and damages sought by Plaintiff. 5. Admitted. The allegations of Paragraph 5 are admitted with the further clarification that the Harnden Township ordinances in question also apply to renovations of existing structures. 6. Admitted. The allegations of Paragraph 6 are admitted with the further clarification that the Harnden Township ordinances in question also apply to renovations of existing structures. 7. Admitted. 8. Denied. It is specifically denied that Plaintiff fails to set forth any basis for an award for the categories of damages listed in Paragraph 7 of Defendant's Preliminary Objections. WHEREFORE, Plaintiff requests that this Honorable Court overrule Defendant's Preliminary Objections and Order Defendant to Answer Plaintiff's Complaint. Respectfully submitted, ~&~ Christian C. Hugel, Esquire PA ID No.: 76062 502 Market Street Lernoyne, PA 17043 (717) 737-5255 Attorney for Plaintiff VERIFICATION I, Christian C. Hugel, Esquire, counsel for Plaintiff in the within matter, verify that the statements made in the foregoing Response to Defendant's Preliminary Objections are true and correct to the best of my knowledge, information, and belief. The undersigned understands that false statements therein are subj ect to the penalties of l8 Pa. C.S. 14904, relating to unsworn falsification to authorities. Date: / j/'1(tJlJ ~c~ Chrsitian C. Hugel, Esquire CERTIFICATE OF SERVICE I, Christian C. Hugel, Esquire, hereby certify that a copy of the foregoing Response To Defendant's Preliminary Objections was served this date by depositing a copy of same at the Post Office, first class mail, postage prepaid, addressed as follows: David J. Lanza, Esquire Johnson, Duffie, Stewart, & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0l09 Dated: 1/ /Lf !pt/ ~L~ Christian C. Hugel, Esquire ...> (') ~~ J.~.' r-. ~-. ,...., C~ <.0> "'" <- :r- ~ o 'Tl -i ::c nlp ;86'" o( c-i ~-;=J ~:;;.() cjrTl ~i -< ,l;:'"' -0 =t: N C) -.J carisa L. Heiney Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA VS, NO. 03-3458 Scott A, Staiger Defendant CIVIL ACTION-LAW PRAECIPE TO AMEND N~.ME AND ADDRESS OF PLAIN'I'IFF TO THE PROTHONOTARY: Kindly amend the name and address of the Plaintiff in the within matter to the following: Cariea L. Kozicki. Papers may now be served at the name and new address set forth below. Date~ carClP~{~ 329 North 17th Street, Apartment A Camp Hill, PA 17011 Plaintiff, Pro Se CERTIFICATE OF SERVICE I, Carisa L. Kozicki, hereby certify that a copy of the Praecipe to Amend Name and Address of Plaintiff was served this date by depositing a copy of same at the Post Office, first class mail, postage prepaid, addressed as follows: David J. Lanza, Esquire Johnson, Duffie, Stewart, & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Dated: /13)05 {:/~/j/./ Carisa 1. Kozicki Plaintiff, Pro Se "-) -n ,- -' -,\: (\1 ",""~ --' c.) c,;; t,...:-' CcP"-l PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: please list the within matter f= the ne>:t Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Carisa L. Kozicki (Plaintiff) "" c:~ c::,? <';'J"1 :,> : '- ;:':'",.. :2;:: o ," --1 .,- -...-..,.-. rl1F:~ -nrT1 ~:')C) t~~i C''Si'r-; :;~J VB. Scott A. Staiger N co -0 (.,,) (Deferxlant) en ':j:) co .< No. 03-3458 Civil Term 2005 1. State matter to be argued (i. e.. plaintiff' s rrotion for new trial, defendant' s damu:rer to canplaint. etc.): Defendant's Preliminary Objections 2. Identify =unsel who will argue case: (a) for plaintiff: Carisa L. Kozicki, Plaintiff Pro Se Address: 329 North 17th Street, Apt. A Camp Hill, PA 17011 (b) f= defendant: David J. Lanza, Esquire Address: Johnson, Duffie, Ste"art & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 3. I will notify all parties in writing within ~ days that this case has been listed for argunent. 4. Argurent Court Date: March 23, 2005 Dated: January 27, 2005 ,7;' < .( /~ Id-A ' /T / ~Plaintiff, Pro Se / v CERTIFICATE OF SERVICE~ I, Carisa L. Kozicki, hereby certify that a copy ofthe Praecipe to List Case for Argument was served this date by depositing a copy of same at the Post Office, first class mail, postage prepaid, addressed as follows: David J. Lanza, Esquire Johnson, Duffie, Stewart, & Weidner 301 Market Street P.O. Box 109 Lemoyne,PA 17043-0109 Dated: //27 h5 / ! t /~i~" cfic. K icki PlaintiJf, Pro Se 8 Carisa L Kozicki v. Scott A. Staiger IN THE COURT OF OMMON PLEAS OF CUMBERLAND CO NTY, PENNSYLVANIA NO. 03-3458 CIVIL ERM ORDER OF COURT AND NOW, AprilS, 2005, by agreement of counsel, the above c tioned case is hereby continued from the March 23, 2005 trial term. Counsel is directed to relist he case when ready. Carisa L. Kozicki, Pro Se David J. Lanza, Esquire For the Defendant Court Administrator jhk By the Court, Geor c~ /)Y.4-0~ 4 ~J -0:-) J#s {.\rnl :; jV5' ~bYlA~' {d. UIJ.,1W f--trH, ~ PREAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court, CAPTION OF THE CASE Carisa L Kozicki vs. (plaintiff) Scott A Staiger (Defendant) No. 03-3458 Civil Term 2005 1. State the matter to be argued (i, e., Plaintiff's motion for a new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 2. Identify Counsel who will argue case: (a) for plaintiff: Address: Carisa L. Kozicki, Plaintiff Pro Se 329 North 17th Street, Apt. A Camp Hill, PA 17011 (b) for defendant: Address: David 1. Lanza, Esquire 2157 Market Street Camp Hill, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: tb May 4 , 2005 Dated: April 11, 2005 (~k~ ~~. Plai tiff, prJe ,4 .. CERTIFICATE OF SERVICE I, Carisa L. Kozicki, Plaintiff Pro Se, herby certify that a copy of the foregoing document was served this date by depositing a copy of the same at the Post Office, first class mail, postage prepaid, addressed as follows: David 1. Lanza, Esquire 2157 Market Street Camp Hill, PA l701I Dated: 4/IZ/6 S Cari c ,",,' '::::::) " , c;;;) -n c.r> 'j)'''' =;1 >.' -:,."" :;'0 rnr-:'" r""'-' c;: ->- c , ~! , .. I I f'''' " U1 -, en ~, #24 CARISA L. HEINEY : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, SCOTT A, STAIGER : NO, 2003-3458 CIVIL IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE HESS, GUIDO. 11. ORDER OF COURT AND NOW, this 18TH day ofMA Y, 2005, after review of the parties' briefs and having heard argument thereon, Defendant's Preliminary Objections are GRANTED in part and DENIED in part. The objection to Plaintiff's claim for attorney fees is GRANTED. The remaining preliminary objections are DENIED. Edward E. Guido, J, Carisa L. Kozicki 329 North 17TH Street Camp Hill, Pa, 17011 David J, Lanza, Esquire 2157 Market Street Camp Hill, PR. 17011 A''fuA ~ j'. 19 . OJ ~ :sld ..'~ tU -". I::: \J:' ~;~ c....., - ~.::) Q David J. Lanza I.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 Attomey for Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-3458 CIVIL ACTION - LAW CARISA L HEINEY, v. SCOTT A. STAIGER, Defendant NOTICE TO PLEAD TO: Carisa L Heiney alkla Carisa Kozicki 329 North 17th Street Camp Hill, PA 17011 AND NOW. this 1.7.rJ day of June, 2005, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. JJ David J. Lanza By: David J. Lanza I.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 Attomey for Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3458 CARISA L. HEINEY, v, CIVIL ACTION - LAW SCOTT A STAIGER, Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, this '2 s~ day of June, 2005, comes the Defendant, SCOTT A. STAIGER, by and through his undersigned attorney, David J. Lanza, and files this Answer to Amended Complaint, and in support thereof avers as follows: 1, Denied. Defendant has no knowledge of the Plainlliff's address or residency status. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part. Denied in part. Plaintiff mentioned only her dog, instead of her niece, nephew or herself. The entire agreement concerning railing is contained on page 9 of the Lease. 6. Denied as stated. The Lease speaks for itself, The entire agreement concerning railing is contained on page 9 of the Lease. 7, Denied as stated. The Lease speaks for itself. The entire agreement concerning railing is contained on page 9 of the Lease, 8, Admitted. 9. Admitted. 10. Denied. The aforesaid averment constitutes a conclusion of law that requires no responsive pleadings. By way of further denial, the code in question applies only to new construction. There is no allegation that this building constitutes new construction. 11. Denied. It is denied that Plaintiff was unable to move into the apartment. It is denied that the apartment was unclean, It is denied that any condition of railing prevented Plaintiff from moving into the apartment. By way of further denial, the entire agreement relating to railing is contained on page 9 of the Lease, The aforesaid provisions provided no duties on the part of the landlord with regard to railing by February 28, 2003, 12. Admitted in part. Denied in part. It is denied that the apartment was "not yet fit for occupancy," Any such notice would be inconsistent with the terms found on page 9 of the Lease. 13, Admitted in part. Denied in part. Defendant attached temporary railing consistent with page 9 of the Lease, The remainder of this averment is Denied. 14. Denied. The railing installed by Defendant is more than sufficient to address the concerns raised by Plaintiff, Defendant's duties are defined solely by the provisions contained on page 9 of the Lease, To the extent that this provision does not address Plaintiff's concerns, such concerns do not constitute a basis to file suit under the Lease. 15. Denied. This averment constitutes a conclusion of law that requires no responSive pleading, By way of further denial, reference to "code" is irrelevant. By way of further denial, Defendant's duties with regard to the railing are defined solely by the provisions contained on page 9 of the Lease, 16. Denied. The Code in question, as adopted by Hamden Township, does not apply to preexisting dwellings. This averment constitutes a conclusion of law that requires no responsive pleading. By way of further denial, Defendant's duties with regard to the railing are defined solely by the provisions contained on page 9 of the Lease, 17, Admitted in part. Denied in part. Conversations between Plaintiff and Defendant related to additional efforts to improve the railings constitute negotiations for the purpose of compromising a dispute and would not be admissible or relevant to these proceedings. By way of further denial, Defendant's duties with regard to the railing are defined solely by the provisions contained on page 9 of the Lease. Page 9 of the Lease required, inter alia, 'permanent rails" by April 30, 2003. 18, Admitted in part. Denied in part. It is denied that Plaintiff was entitled to any refund by March 8, 2003. Page 9 of the Lease required, inter alia, "permanent rails" by April 30, 2003, By way of further denial, Plaintiff did not mention the railings as a reason for termination at that time. Plaintiff stated, at that time, that the apartment was too dirty. 19, Denied. Plaintiff is not entitled to the return of he'r security deposit in so far as Plaintiff is in breach of the Lease. 20, Denied. Plaintiff is not entitled to the return of her first month's rent. Plaintiff is in breach of the Lease. Plaintiff paid only $300.00 rent for her first month as the result of a credit. Plaintiff received a $130,00 credit for that month. 21. Denied. Plaintiff is not entitled to the return of any truck rental fee in any amount. It is further denied that such costs were legitimately incurred, 22. Denied. Plaintiff is not entitled to costs in any amollnt. 23. Denied. Plaintiff is not entitled to any costs in any amount. It is further denied that such costs were legitimately incurred, 24, Denied. Plaintiff is not entitled to reimbursement for any time spent cleaning the premises, Defendant already provided a rent credit to Plaintiff to reimburse Plaintiff for her cleaning costs. 25. Denied. Plaintiff is not entitled to be reimbursed felr storage costs. It is further denied that such costs were legitimately incurred, 26, Denied. Plaintiff is not entitled to be reimbursed for her attorney fees, 27. Denied. Plaintiff is not entitled to damages in any amount. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed. NEW MATTER 28. Defendant incorporates the denials of Paragraphs one (1) through twenty-seven (27) as if fully set forth herein. 29. Plaintiff's Complaint is barred by the doctrine of estoppel. 30. Plaintiff fails to set forth the claim upon which relief can be granted. 31. Plaintiff claims damages not permitted by the contract, 32. Plaintiff's claims are barred by the parol evidence rule. 33. Plaintiff's claims contradict the clear language of the Lease, specifically the handwritten addendum on page 9. 34, Defendant is entitled to offset for amounts previously credited to Plaintiff and for Defendant's costs in re-renting the apartment. COUNTERCLAIM 35, Defendant incorporates the denials of Paragraphs one (1) through twenty-seven (33) as if fully set forth herein. 36. Plaintiff breached the lease by terminating her tenancy prior to the expiration of the Lease term. 37, Pursuant to !j3 of the Lease, Plaintiff was requin~d to provide sixty days notice prior to termination of the Lease, 38, Pursuant to 93 (a) of the aforesaid Lease, Plaintiff is required to pay an additional three- month termination penalty for failure to provide sixty days notice, 39, Pursuant to 915 of the Lease, Plaintiff is required to reimburse Defendant for all costs of collection, including legal fees, 40. Defendant's attorney fees are expected to equal ~;2,000.00 41. Defendant is entitled to damages in the amount of $4,150.00, calculated as follows: Sixty day notice payment Ninety day termination penalty Attorney fees $ 860,00 $1,290.00 $2.000.00 Total $4,150.00 42, Defendant has demanded the penalties and paymEmts pursuant to the Lease, but Plaintiff has refused and neglected to pay the same or any part thereof. Wherefore, Defendant demandsjudgment against Plaintiff in the amount of $4,150,00 Respectfully submitted, 1) Ji- Attorney 1.0. No. 55782 .2157 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Defendant 101-1 CERTlFICA TE OF SERVICE AND NOW, this 't )~ day of June, 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Carisa Kozicki 329 North 17th Street Camp Hill, PA 17011 11 {~ By: David Lanza 101.1 VERIFICA TION I, SCOTT STAIGER, verify that the statements made in this Answer, New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A ~904, rel~lting to unsworn falsification to authorities, Date: ~\d-.'J\o; By: _.~Ci~~ Scott Staiger t.z::~ -~,,~ -:-' .~ q, ~..-o(\ ...."..~.,.-..- \ \ \-;'1, ""'0 ?<: \. ~:'.ti1 -:;;~~.>>?-. "'A ~~\ -::: ....:.-s' .- ." rV"") ~~ C:) ,A o IN THE COURT OF COMMON P~~ OF CUMBERLAND COUNTY, PENNSYL'iTANIA CARISA L. KOZICKI, Plaintiff CIVIL ACTION - LAW v. SCOTT A. STAIGER, NO.: 03-3458 Defendant PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER AND COUNTE:RCLAIM Christian C. Hugel, Esquire PA ID No.76062 502 Market Street Lemoyne, PA 17043 (717) 737-5255 Attorney for Plaintiff IN THE COURT OF COMMON PLEllS OF CUMBERLAND COUNTY, PENNSYLVANIA CARISA L. KOZICKI, Plaintiff CIVIL ACTION - LAW v. SCOTT A. STAIGER, NO.: 03-3458 Defendant PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM AND NOW, this 13th day of July, 2005, comes Plaintiff Carisa L. Kozicki, by and through her attorney, Christian C. Hugel, Esquire, and files the following Response to Defendant's New Matter and Counterclaim: 28. This is a paragraph of incorporation to which no response is required. To the extent that any response may be deemed required, all allegations of this paragraph are specifically denied. 29. Denied. This allegation is a conclusion of law to which no response is required. To the extent that any response may be deemed required, all allegations of this paragraph are specifically denied. 30. Denied. This allegation is a conclusion of law to which no response is required. To the extent that any response may be deemed required, all allegations of this paragraph are specifically denied. 31. Denied. This allegation is a conclusion of law to which no response is required. To the extent that any response may be deemed required, all allegations of this paragraph are specifically denied. 32. Denied. This allegation is a conclusion of law to which no response is required. To the extent that any response may be deemed required, all allegations of this paragraph are specifically denied. 33. Denied. The allegations of this paragraph are specifically denied. 34. Denied. The allegations of this paragraph are specifically denied. By way of further answer, Defendant's costs for re-renting the apartment are a direct result of Defendant's material breach of the lease contract with Plaintiff. WHEREFORE, Plaintiff respectfully demands judgment in the amount of Two Thousand, Two Hundred, Two Dollars and Seventy-Seven Cents ($2202.77) and any other remedy that the Court may deem appropriate under the circumstances. PLAINTIFF'S RESPONSE TO DEFENDANT'S COUNTERCLAIM 35. This is a paragraph of incorporation to which no response is required. To the extent that any response may be deemed required, all allegations of this paragraph are specifically denied. 36. Denied. The allegations of this paragraph are specifically denied. 37. Denied. This allegation is a conclusion of law to which no response is required. To the extent that any response may be deemed required, all allegations of this paragraph are specifically denied. By way of further answer, Defendant never repaired the railing of the steps leading to the sole entrance to the second- floor apartment. Because Defendant breached a material condition precedent to the lease, no valid lease was ever entered into by the parties. 38. Denied. This allegation is a conclusion of law to which no response is required. To the extent that any response may be deemed required, all allegations of this paragraph are specifically denied. By way of further answer, Defendant never repaired the railing of the steps leading to the sole entrance to the second- floor apartment. Because Defendant breached a material condition precedent to the lease, no valid lease was ever entered into by the parties. 39. Denied. This allegation is a conclusion of law to which no response is required. To the extent that any response may be deemed required, all allegations of this paragraph are specifically denied. By way of further answer, Defendant never repaired the railing of the steps leading to the sole entrance to the second- floor apartment. Because Defendant breached a material condition precedent to the lease, no valid lease was ever entered into by the parties. 40. Plaintiff is without information necessary to either admit or deny the allegation of this paragraph, such information being in the control of hostile parties and strict proof is hereby demanded at trial. To the extent that any response may be deemed required, the allegation of this paragraph is specifically denied. 41. Denied. This allegation is a conclusion of law to which no response is required. To the extent that any response may be deemed required, all allegations of this paragraph are specifically denied. By way of further answer, Defendant never repaired the railing of the steps leading to the sole entrance to the second- floor apartment. Because Defendant breached a material condition precedent to the lease, no valid lease was ever entered into by the parties. WHEREFORE, Plaintiff requests that this Honorable Court dismiss Defendants Counterclaim in its entirety and award Judgment to Plaintiff on her Complaint. Respectfully submitted, ~~c. Christian C. Hugel, PA ID No.: 76062 502 Market Street Lemoyne, PA 17043 (717) 737-5255 Attorney for Plaintiff VERIFICATION I, Christian C. Hugel, Esquire, counsel for Plaintiff in the within matter, verify that the statements made in the foregoing Plaintiff's Response to Defendant's New Matter and Counterclaim are true and correct to the best of my knowledge, information, and belief. The undersigned understands that false statements therein are subject to the penalties of 18 Pa. C. S. 54904, relating to unsworn falsification to authorities. Date: 7 )J/,t/:J.OflS" . ~~ C;~ Chrsitian C. Hugel, Esquire CERTIFICATE OF SERVI~~ I, Christian C. Hugel, Esquire, hereby certify that a copy of the foregoing Response to Defendant's New Hatter and Counterclaim was served this date by depositing a true and correct copy of same at the Post Office, first class mail, postage prepaid, addressed as follows: David J. Lanza, Esquire 2157 Market Street Lemoyne, PA 17011 Dated: 7 jllt/f}s C~&~ Christian C. Hugel, Esquire 0 '" r- = ~ ... = "" '- ::;:l c rfiJ:! ,- r- ...- ~g8 ..' .., I:~(:, V ~5 ~~~ ::"')!f; w t"5{T1 __-l ~-::--l -c <.-' .,;.;'. CD UJ .< PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE POOTHOIDrARY OF CUMBERLAND COUNTY Please list the following case: (Check one) for JURY trial at the next term of civil court. .( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) x) Civil Action - Law Appeal from Arbitration ,) ~I--);'. ..:...:. ~:..l 'J~:.J , (other) (Plaintiff) vs. Ci.,\ ,'_e } .".' _:~i{ , The trial list will be called on and ~J2C. 27, 2 c Trials comrence on !T.'1'llJ. 1"-\." r; J, 2, (Defendant) Pretrials will be held on ,T,r t , ~'" (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No.. :~)~'-:J /. 5 c~ Civil r,-I. ,:~v ., ...', 19 Indicate the attorney who will try case for the party who files this praecipe: ;:'~,~i:-n C. Eu.:_'cl, ,", nuj_~-_' ; ? 21"1-=(,i; )t~('C;C\t; l,(~~~ oync, "'.~ L;','Ll' Indicate trial counsel for other parties if known: j:.l.viJ. J. L~'n,z8, i~snuirc ';r'='Yt J re:'t: , ,:r~~ .'~. .. './ ,.. ~/, - J.. I <'J.J This case is ready for trial. Signed: ~c~1 Print Narre: Cl:t:~'isti:!.r G. <.::: "lJi:c,'" Date: ~_J/~ )/:?'J()5 Attorney for: J.,,- ~.rtiff . CERTIFICATE OF SERVICE I, Christian C. Hugel, Esquire, hereby certify that the foregoing Praecipe to List Case for Trial was served this date by deposi ting a true and correct copy of same in first class United States Mail, postage prepaid, addressed as follows: David J. Lanza, Esquire 2157 Market Street Camp Hill, PA 17011 Dated: !f/JtJ/2iPC.! I ~L~ Christian C. Hugel, Esquire (-", t'_) :--! ~-) - i ; ,d (,.) CARISA L. HEINEY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT A. STAIGER, DEFENDANT 03-3458 CIVIL TERM ORDER OF COURT AND NOW, this 2--'1 day of Decembe,r, 2005, a non-jury trial is scheduled for Friday, January 20,2006, at 9:00 a.m., in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, - (r- Christian C, Hugel Esquire For Plaintiff David J. Lanza, Esquire For Defendant n - )~ - O~ C ' -+-y-</J /vv'~&J-. ]1Is Court Administrator :sal o ("> ~ c.~ '6 ~"!"'" w') (;::. sJ (~.::~ \~)'r-'- ~ 6.'6: S ,.~ ~\..q (;:) :;;.:~ u.:.~ ~~ U <z? ~ c-l CARISA L. HEINEY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT A. STAIGER, DEFENDANT 03-3458 CIVIL TERM PRE-TRIAL ORDER OF COURT AND NOW, this 19th day of January, 2006, in preparation for the non-jury trial scheduled for Friday, January 20, 2006 at 9:00 a.m. before this Court, the Court having received a Pre-Trial Memorandum from the defendant, hereby orders the plaintiff to file with this Court, at minimum, a succinct list of findings of fact it intends to prove at trial and a list of witnesses it intends to call with a very brief synopsis of their testimony. These items shall be filed with this Court by 8:15 a.m" January 20,2006. By the Court, ~istian C. Hugel, Esquire For Plaintiff ,-{ W:\ M, L. Ebert, Jr., ' .r- Jfavid J. Lanza, Esquire For Defendant Court Administrator bas r!'1 no L I :6 I G' ""r'''7 .., j I d '~'LL(, J\L\:".Lv'-'\"': -'." ::;'.' .:U CARl SA KOZ ICKI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-3458 CIVIL TERM SCOTT A. STAIGER, Defendant IN RE: NON-JURY TRIAL ORDER OF COURT AND NOW, January 20, 2006, after trial in the above-captioned case, counsel is hereby directed to submit proposed Findings of Fact and Conclusions of Law with supporting legal authority to the Court by the close of business on January the 27th, 2006. By the Court, '-l M. L. Ebert. Jr., J. ~ristian C. Hugel, Esquire 502 Market St. Lemoyne, Pa. 17043 For the Plaintiff :mtf ~vid J. Lanza, Esquire 2157 Market St. Camp Hill, Pa. 17011 For the Defendant .'\ G6:1 Ii (","1 tl"c''' t. (. ~ i~ I - CARISA L. KOZICKI, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, SCOTT A. STAIGER, DEFENDANT 03-3458 CIVIL TERM ORDER OF COURT AND NOW, this 27'h day of January, 2006, after trial in the above- captioned case, the Court finds by a preponderance of the evidence in favor of the defendant and awards judgment to the defendant in the amount of $3,593.81. By the Court, ..e:'hristian C. Hugel, Esquire For Plaintiff /David J. Lanza, Esquire For Defendant bas Court Administrator \/\N'J;J/0'\S;Jt~4d }\ LHC'f"{' '. i,,_';:"<::}-:n.8 S\1:6 WJ G~ N"ln~U7. rtN.iU,<"y,,;;XJ 3\11. :10 3"~jt;~ ;'.")--0::"\13 ;;5 p ~~(