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DENIS J. PETCOVIC and
MARJORIE L. PETCOVIC,
Plaintiffs
Vs.
LARRY A. MEYERS and
URSULA M. MEYERS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7589
CIVIL ACTION -LAW
PLAINTIFFS' MOTION FOR ENTRY OF FINAL
JUDGEMENT ON COMPLAINT/ AMENDED COMPLAINT
TO THE HONORABLE JUDGES OF SAID COURT:
Now come the Plaintiffs in the above- referenced Complaint/Amended Complaint and move
that Final Judgement be entered all as in accordance with Judgement dated 11-30-1999 in the sum
of $2,010.50.
Respectfidly submitted,
By/ 11,.
Denis J. Petco is
112 B Ridgefield Circle
C-imjon, MA 01510 j
Marjorie . Petcovic
112 B Ridgefield Circle
Clinton, MA 01510
CERTIFICATE OF SERVICE
We, Denis J. Petcovic & Marjorie L. Petcovic, hereby certify that we mailed copies of
Plaintiffs Motion for Entry of Judgement on Complaint/Amended Complaint and Request for
Argument Date by mailing Certified Mail, Return Receipt Requested, pre-paid on July 27, 2000.
To: Larry A. Meyers & Ursula M. Meyers
1220 Pheasant Run
Tallahassee, FL 32312
Norman M. Yoffe, Esquire
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
P enis 1, etcovic
Maie L. Petcovic G?
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Plaintiff: Denis J. Petcovic
Marjorie L. Petcovic
112 B Ridgefield Circle
Clinton, MA 01510
Defendant: Larry A. Meyers
Ursula M. Meyers
1220 Pheasant Run
Tallahassee, FL 32312
Date Of Notice: April 5, 2000
In The Court of Common Pleas
Cumberland County, Pennsylvania
No. 99-7589
Civil Action Law
AMENDED COMPLAINT
AND NOW, come the Plaintiffs, Denis and Marjorie Petcovic, and respectfully represents
as follows:
1. The Plaintiffs, Denis and Marjorie Petcovic, are adult individuals residing at 112 B
Ridgefield Circle, Clinton, MA 01510
2. The defendants, Larry A. Meyers and Ursula M. Meyers, are adult individuals who
reside at 1220 Pheasant Run, Tallahassee, FL 32312
3. We, the plaintiffs, rented a house from the defendants at 288 Fairview Street, Carlisle,
PA 17013.
4. Defendent failed to return our security deposit. In accordance with the Pennsylvania
Landlord and Tenants Law, Mr. and Mrs. Meyers were to, return our security deposit of
$975.00 no later than 10 August 99 (30 days from vacating property). We rented from
Meyers's for 3 years, never missed a months payment, paid a $975.00 security deposit and
moved out 10 July 99. We gave Mr. Meyers a forwarding address.
5. Mr. Meyers's representative, Mr. Nankivell, did & walk-through and informed us-we
owed $50.00 in damages. This was on July 10th, the day we moved out.
6. Mr. Meyers actually cameto- the property 3 weeks after we had moved out and
assessed us aditional charges.
7. We finally received a portion of our security deposit 12 September, 30 days late and
the amount was short $250.00
8. Therefore, in that Mr. and Mrs. Meyers did not return our security deposit within 30
days, in accordance with Pennsylvania Landlord Tenants Law we are claimimg double the
security deposit of $975. ($1,950), plusjudgment costs ($60.50), for a total of $2,010.50.
L01.?cs-cc?? (
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 PA. C. S. &
4904, relating to unswom falsification to authorities. 1--)
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Plaintiff: Denis J. Petcovic
Marjorie L. Petcovic
112 B Ridgefield Circle
Clinton, MA 01510
Defendant: Larry A. Meyers
Ursula M. Meyers
1220 Pheasant Run
Tallahassee, FL 32312
Title: Complaint, Common Pleas No. 99-7589 Civil Term
This complaint is in response to the Notice of Appeal (attached) received on 12-31-99.
This complaint is being filed within the 20 day requirement.
The incident occurred at 288 Fairview Street, Carlisle, PA 17013
In accordance with the Pennsylvania Landlord and Tenants Law, Ivlr. and Mrs. Meyers
were to return our security deposit of $975.00, no later than 10 August 99 (30 days from
vacating property). We rented from the Meyers's for 3 years, never missed a months
payment, paid a $975.00 security deposit and moved out 10 July 99. We gave Mr.
Meyers a forwarding address.
1. Our $975.00 security deposit, minus damages, was due 10 Aug. 99.
2. Mr. Meyers's representative, Mr. Nankivell, did a walk-through and informed
us we owed $50.00 in damages. This was on July 10.
3. Mr. Meyers actually came to the property 3 weeks after we moved out and
assessed us additional charges.
4. We finally received a portion of our security deposit 12 Sept., 30 days late and
the amount was short 5250.00.
Therefore, in that Mr. and Mrs. Meyers did not return our security deposit within 30 days,
in accordance with Pennsylvania Landlord and Tenants Law we are claiming double the
security deposit of $975. ($1,950.), plus judgment costs (500.50), for a total of $2,010.50.
Denis J.Petcovic,? ?,
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Marjorie L. Petcovic '?
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%NIA _ _NOTICE OF. APPEAL ?.
DN PLEAS . FROM
rAlcr DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.'
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NOTICE OF APPEAL
Chas .filed in the above Court of Common Pleas an appeal from the judgment rendered bythe Di
Dried below. -
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ULY when'thii'notation is requue-d underPa'.' U?.appellant,was Clalmantlsee Pa
received by the District Justice; will operate as: -No.'1001l61 inaction. before Dlstnkr Ji
ent for possession in this case. MUST FILE: A COMPLAINT-4 ithin twc
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days:a/ter, tiling his NOTICE of APPEAL
Signature of Prothonotary or Deputy.
IE TO ENTER 'RULE "TO 'FILE COMPLAINT AND RULE V'O FILE
ONLY'when appellant was'DEFENDANT(see Pa R C.P.JP No 1001(71 In act/on before Dist
of n nce' of appeal'to be served upon appelli4k - '' - -
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P?rcovic a;;dN1MZJnrc?E P?rcpvlc
appellee(s) to file a complaint it
Name of gppefieeifsj,;,
x/ Ivr t within twenty 1201 days after service of o`suffer entry,of lu gment
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fame of appeaeeltl l
Ole is hereby entered, upon you to file .a c mplaint in this, appeal within twenty,120) days after'.
y personal-service or by certified or r gstered mail.
mt within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.,_
ule if service was by mail is the date of mailing..
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proof'o/service'MUST BE FILED tN/T!ilNFIVE'(r) DAYSAFTER Ailing the notice of appeal. Check appde+hlr.poxesJ 4 v
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Plaintiff: Denis J. Petcovic
Marjorie L. Petcovic
112 B Ridgefield Circle
Clinton, MA 01510
Defendant: Larry A. Meyers
Ursula M. Meyers
1220 Pheasant Run
Tallahassee, FL 32312
Title: Complaint, Common Pleas No. 99-7589 Civil Term
This complaint is in response to the Notice of Appeal (attached) received on 12-31-99.
This complaint is being filed within the 20 day requirement.
The incident occurred at 288 Fairview Street, Carlisle, PA 17013
In accordance with the Pennsylvania Landlord and Tenants Law, Mr. and Mrs. Meyers
were to return our security deposit of $975.00, no later than 10 August 99 (30 days from
vacating property). We rented from the Meyers's for 3 years, never missed a months
payment, paid a $975.00 security deposit and moved out 10 July 99. We gave Mr.
Meyers a forwarding address.
1. Our $975.00 security deposit, minus damages, was due 10 Aug. 99.
2. Mr. Meyers's representative, Mr. Nankivell, did a walk-through and informed
us we owed $50.00 in damages. This was on July 10.
3. Mr. Meyers actually came to the property 3 weeks after we moved out and
assessed us additional charges.
4. We finally received a portion of our security deposit 12 Sept., 30 days late and
the amount was short $250.00.
Therefore, in that Mr. and Mrs. Meyers did not return our security deposit within 30 days,
in accordance with Pennsylvania Landlord and Tenants Law we are claiming double the
security deposit of $975. ($1,950.), plus judgment costs ($60.50), for a total of $2,010.50.
Denis J. Petcovic Date: AYV6., 2-0t"
Marjorie L. Petcovic4 ' Date: ?G? ?OOU
?- p76'3Gk-6'YSJ ?Homc?
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Cl Sau r?il!dU COUNTY
PENNSYLUANA
COMMONWEA TR OF PENNSYLVANIA
COURTOFCOMMON PLEAS
JUDICIAL DISTRICT .
COMMON PLEAS No. C/11-
NOTICE OF APPEAL
Notice is given that the appellant has filed in the ahnve Court of Common Pleas an appeal from the judgment rendered by the District Justice
'. on the date and in the case mentioned below. "
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i'NIS +AII P.JORIL:,
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This block' will be'signed ONLY when this notation is required under Pa.
R.C.P.J.P. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as
a SUPERSEDEAS to the judgment for possession in this case. -
Signature or Prothonotary or Deputy
?Yi-,S-(ice ;xfil!]V K
IPH.anll '
5, [A1eP.y t4. ? Uf'.Si?
If appellant was Claimant (see Pa. R.C.P.J.P.
No. 7001(6) in action before District Justice, he _
MUST.FILE A COMPLAINT within twenty:(201
days alter filing his NOTICE of APPEAL.
.t
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE 'TO FILE
-/This section,"ol /ofm to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USEO;`detach from copy of notice of appeal to be served upon appellee). - '
i PRAECIPE: ;To Prothonotary
D15NNIS PERDVIC.LkttdKJM PLiCOVIG
Enter rule upon appellee(s) to Mee complaint in this appeal
• ?1 Name or appel/eelsl - .:'i_.. •. .,..?a
(Common Pleas No, ! • ! r ' ' J` do=n) within twenty (20) days after service of d or suffer entry of judgmen of non pros
"+ - ` igna[ureof apPellad[orl :attorney or agent
{ JLINIS kTCOyjL' (U?d f?1Fk' )OPJI TCovIG " d!
,appellee(:)
RULE: To
Name ofappellee(s)
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J . (11.You,are. notified that_a.rule.is hereby.entered upon.you to file a complaint in.this appeal mithin twenty.(20) days after the date of ?
.
service'of'this `rule upon-you_by personal service-or-by ceruhed or: registered mail.
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(2) If you do ooY.1dy a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU .,_
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COPY TO BE SERVED ON APP
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•' _
NOTICE' OF APPEAL '
FROM
DISTRICT. JUSTICE JUDGMENT
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OFFICES
YOFFE, P.C.
,VENUE, SUITE 300
iNNSYLVANIA 17011
Z 081 211 368
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Marjorie Petcovic
1128 Ridgefield Circle
Clinton, MA 01510
Oi=16-14 4 14
OFFICES
YOFFE, P.C-
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NNSYLVANIA 17011
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Z 081 211 3167
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112 Ridgefield Circle P
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COMMONWEALTH OF PENNSYLVANIA
rnl imTv np. CUMBERLAND
09-3-03
DJNama: Hon.
SUSAN R. DAY
Adams,: 229 MILL STREET, BOX 167
MT. HOLLY SPRINGS, PA
ToWphOW (717) 486-7672 17065
PETCOVIC, DENNIS & MARJORIE
112B RIDGEFIELD CIRCLE
CLINTON, MA 01510
NOTICE OF IVPL CASE /TRANSCRIPT
PLAINTIFF: NAME aM ADDRESS
rPETCOVIC, DENNIS & MARJORIE
112E RIDGEFIELD CIRCLE
CLINTON, MA 01510
L J
VS.
DEFENDANT: NAME am ADDRESS
rMYERS, LARRY A. & URSULA M., ET AL,
1220 PHEASANT RUN
TALLAHASSEE, FL 32312
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DocketNo.: CV-0000277-99
Date Filed: 10/21/99
e
I _ THIS IS TO NOTIFY YOU THAT:
Judgment:
0 Judgment was entered for: (Name) PRmr nvrr nvmmTa n MAR TnRTP
? Judgment was entered against: (Name) SRS r nnnv A z rmeTrr.A M
in the amount of $ 2 , ni n _ S n on:
F1 Defendants are jointly and severally liable.
? Damages will be assessed on:
? This case dismissed without prejudice.
? Amount of Judgment Subject to
Attachment/Act 5 of 1996 $_
El Levy is stayed for days or Q generally stayed.
F] Objection to levy has been filed and hearing will be held:
(Date of Judgment) 11 .1-4n/go
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
Date: Place:
Time:
ANY PARTY HAS THE RIGHT TO PE WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROT NOTARYI LERK OF THE COURTOMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF HIS NOTICE F JUDGMENTIT 54401 T FORM WITH YOUR NOTICE OF APPEAL.
Date District Justice
I /certify that this' r e and correc copy of the re r h 'p ceedings containing the judgment.
l?D e __ District Justice
My commission expires first Monday of January, ° 20
AOPC 315.99
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DENIS J. PETCOVIC and
MARJORIE L. PETCOVIC,
Plaintiffs
VS.
LARRY A. MEYERS and
URSULA M. MEYERS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7589
CIVIL ACTION - LAW
PRELIMINARY OBJECTIONS TO PLAINTIFFS' NOTICE
PURSUANT TO Pa.R.C.P. 237.1
TO THE HONORABLE JUDGES OF SAID COURT:
The Preliminary Objections Of Defendants, respectfully represents:
1. The complaint as filed doesn't contain the NOTICE TO DEFEND as
mandated by Pa.R.C.P. 1018.1.
2. Although Plaintiffs sent to Defendants a 237.1 (10-Day) Notice,
such should be deemed ineffective, since Plaintiffs failed to notice
Defendants to defend, and thus Plaintiffs aren't entitled to a default
judgment since Defendants never had a duty to file an Answer.
WHEREFORE, Defendants request the Court to Order Plaintiffs to file an
Amended Complaint containing a 1018.1 notice.
YOFFE!& YOFFE, ?pP?.C..
BY3f
ORMAN M. YOFFE, ES E
Attorney for Defendants
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 07135
myers, larry\objections
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Plaintiff: Denis J. Petcovic
Marjorie L. Pgtcovic
112 B Ridgefield Circle
Clinton, MA 01510
In The Court of Common Pleas
Cumberland County, Pennsylvania
No. 99-7589
Defendant: Larry A. Meyers Civil Action Law
Ursula M. Meyers
1220 Pheasant Run
Tallahassee, FL 32312
Date Of Notice: April 5, 2000
NOTICE
You have been sued in court. Ifyou wish to defend against the claims set forth.
in the following pages, you must take action within twenty (20) days after this complaint
and notice are served, by entering a written appearance personally or by an attorney and
filing in writing with the court, your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so, the case may proceed without you and a
judgment may be entered against you by the courtlvithout further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS-PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
¦'_:.:..._._ _ .
Plaintiff: Denis J. Petcovic
Marjorie L. Petcovic
112 B Ridgefield Circle
Clinton, MA 01510
Defendant: Larry A. Meyers
Ursula M. Meyers
1220 Pheasant Run
Tallahassee, FL 32312
Date Of Notice: April 5, 2000
In The Court of Common Pleas
Cumberland County; Pennsylvania
No. 99-7589
Civil Action Law
AMENDED COMPLAINT
AND NOW, come the Plaintiffs, Denis and Marjorie Petcovic, and respectfully represents
as follows:
1. The Plaintiffs, Denis and Marjorie Petcovic, are adult individuals residing at 112 B
Ridgefield Circle, Clinton, MA 01510
2. The defendants, Larry A. Meyers and Ursula M. Meyers, are adult individuals who
reside at 1220 Pheasant Run, Tallahassee, FL 32312
3. We, the plaintiffs, rented a house from the defendants at 288 Fairview Street; Carlisle,
PA 17013.
4. Defendent failed to return our security deposit. In accordance with the Pennsylvania
Landlord and Tenants Law, Mr. and Mrs. Meyers were to, return our security deposit of
$975.00 no later than 10 August 99 (30 days from vacating property). We rented from
Meyers's for 3 years, never missed a months payment, paid a-$975.00 security deposit and
moved out 10 July 99. We gave Mr. Meyers a forwarding address.
5. Mr. Meyers's representative, Mr. Nankivell; dirt a walk-through and informed us we
owed $50.00 in damages. This was on July 10th, the day we moved out.
6. Mr. Meyers actually came to the property 3 weeks after we had moved out and
assessed us aditional charges.
7. We finally received a portion of our security deposit 12 September, 30 days late and
the amount was short $250.00
8. Therefore, in that Mr. and Mrs. Meyers did not return our security deposit within 30
days, in accordance with Pennsylvania-Landlord Tenants Law we are claimimg double-the
security deposit of $975. ($1,950), plus judgment costs ($60.50), for a total of $2,010.50.
?jUO
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject tothe penalties of 18 PA. C.S. &
4904, relating to unswom falsification to authori 'es.
CERTIFICATE OF SERVICE
1 hereby certify that on April 5, 2000,1 served a copy of the foregoing document
by first class U.S. mail, postage prepaid, to the parties listed below, as follows:
Larry A. Meyers
Ursula M. Meyers
1220 Pheasant Run
Tallahassee, FL 32312
Yoffe & Yoffe, P.C.
Suite 203, 214 Senate Avenue
Camp Hill, PA 17011
enis . Petcovic
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DENIS J. PETCOVIC and
MARJORIE L. PETCOVIC,
Plaintiffs
VS.
LARRY A. MEYERS and
URSULA M. MEYERS,
Defendants
OCT 0 5 200069
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7589
CIVIL ACTION - LAW
ARGUMENT COURT BRIEF FOR DEFENDANTS
1. STATEMENT OF FACTS'
The Meyers' are the Owners of 288 Fairview Street, Carlisle.
They leased these premises for 3 years to the Petcovics. Sometime in
July, 1999 the Petcovics vacated.
The Meyers had received from the Petcovics a security deposit of
$975.00. The Meyers returned to the Petcovics $544.71 of their
security deposit in September 1999.
II. PROCEDURAL HISTORY
A chronological summary of this history follows:
a. Petcovics files a District Justice action against the
Meyers claiming damages for the alleged failure of the Meyers to
timely return to them their tenants' security deposit, or proper
portion thereof.
b. Judgment was entered by the District justice on
November 30, 1999 in favor of the Petcovics.
C. The Meyers' timely appealed to the Cumberland County
Court of Common Pleas and ruled on the Petcovics to file a Complaint.
' These facts are from the allegations of the Amended complaint and are those which
the Meyers can admit.
oo®i
5 a/
d. In January 2000, the Petcovics filed a Complaint.
e. On or about February 17, 2000, the Petcovics sent to
the Meyers the 10 Day Notice pursuant to Pa. R.C.P. 237.1.
f. On March 2, 2000, the Meyers filed a Preliminary
objection to the aforesaid 10 Day Notice on the basis that the
Complaint failed to contain a Notice to Defend.
g. On or about April 5, 2000, the Petcovics filed an
Amended Complaint.
h. On April 25, 2000, the Meyers filed Preliminary
Objections to the Amended Complaint, claiming=:
(1) A violation of Pa. R.C.P. 1019(h), and
(2) A violation of Pa. R.C.P. 1033.
i. On or about July 27, 2000, the Petcovics:
(1) Filed a Motion to have "Final Judgment" entered in
their favor, and
(2) Filed a Preacipe listing the case for Argument on
their Motion for final judgment.
j. On or about August 5, 2000, the Meyers filed an Answer
to the aforesaid Motion.
II. ISSUES
It's difficult to determine what issue is raised by the Petcovics
listing for Argument. Their Praecipe states that the Argument is to
be on their Motion for a "Final Judgment". However, the posture of
' The fourth word in Paragraph 2 of these Preliminary Objections should be "violates"
rather than -,updates-,.
1
this case is that there are outstanding Preliminary objections to an
Amended Complaint.
Iv. ARGUMENT
A. A arty isn't entitled to a Judgment when there_ are
outstanding Preliminary objections to their Amended Complaint.
Suffice it to say that a party isn't entitled to a judgment when
the case is pending on Preliminary Objections to their Amended
Complaint, and they have assigned no specific reason for their being
entitled to such a premature judgment.
B. Meyers' Preliminary Objections to the Amended Complaint are
well taken.'
Rule 1019(h) requires the pleader to state whether the claim is
based on a writing, and if so, to attach a copy. The Petcovics have
violated this rule. Their Amended Complaint doesn't state whether
there is a writing, and none is attached.
The Petcovics have also violated Rule 1033. They can only file
an Amended Complaint through a Stipulation of by leave of Court
(unless of course they can come within Rule 1028(c)(1) which is
instantly not available to them since their Amended Complaint was
filed more than 20 days subsequent to the Meyers' Preliminary
Objection to the original complaint).
V. CONCLUSION
For the above stated reasons, the Petcovics Motion for "Final
Judgment" should be dismissed and the Meyers' Preliminary objections
to the Amended Complaint should be sustained.
YOFFE/&& YYO/JFFE, P.C. 2
NORMAN M. YOFFE, ESQUIRE
Attorney for Defendants
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 07135
Myers, larry\brief
vLx /
' We are covering this subject in our Brief even though the Praecipe for Argument
filed by the Petcovics doesn-t assign this matter for argument.
PYS510D Cumberland County Prothonotary's Office
Case Entries
1999-07589 PETCOVIC DENNIS ET AL (va) MYERS LARRY A ET AL
Filed Date: 12/21/1999 Time: 9:41 Case Type: APPEAL - DJ
Page 2 of 2
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - -
12/21/99 APPEAL FROM DISTRICT JUSTICE JUDGMENT
12/21/99 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
12/21/99 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
1/10/00 COMPLAINT
3/02/00 PRELIMINARY OBJECTIONS TO PLAINTIFFS NOTICE PURSUANT TO PA RCP
237.1
4/10/00 AMENDED COMPLAINT
4/25/00 PRELIMINARY OBJECTIONS TO PLAINTIFFS' AMENDED COMPLAINT
------------------ +
Roll up or down past the first or last record in file.
PYS510D Cumberland County Prothonotary's Office
Case Entries
1999-07589 PETCOVIC DENNIS ET AL (vs) MYERS LARRY A ET AL
Filed Date: 12/21/1999 Time: 9:41 Case Type: APPEAL - DJ
Page 2 of 2
8/08/00 PLFFS MOTION FOR ENTRY OF FINAL JUDGMENT ON COMPLAINT AMENDED
COMPLAINT
8/28/00 PRAECIPE FOR LISTING CASE FOR ARGUMENT - PLAINTIFFS MOTION FOR
ENTRY OF FINAL JUDGMENT - BY DENIS J PETCOVIC ESQ
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
F2=Done F10=Print F12=Cancel F17=Top F18=Bot
DENIS J. PETCOVIC and
MARJORIE L. PETCOVIC,
Plaintiffs
VS.
LARRY A. MEYERS and
URSULA M. MEYERS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 99-7589 CIVIL
: CIVILACTION-LAW
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS
BEFORE HOFFER, P.J.. HESS AND GUIDO J J
ORDER
AND NOW, this x-1' day of December, 2000, the motion of the plaintiffs
for "entry of final judgment" is DISMISSED as improvidently filed.
The pending preliminary objections of the defendants to the amended complaint of the
plaintiffs shall be deemed DENIED without further order of court unless they are listed for
argument within ten (10) days of today.
BY THE COURT,
/; I N //
Kevin Hess, J.
Denis J. Petcovic and
Marjorie L. Petcovic
Pro Se Plaintiffs cpi ins
Norman Yoffe, Esquire
For the Defendants
Am
L rK{`
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY/OF CUMBERLAND COUNTY:
Please list the within matter for the next:
? Pre-Trial Argument Court
® Argument Court
--- -----------------------------------
CAPTION OF CASE o -
(entire caption must be stated in full)
DENNIS J. PETCOVIC and
MARJORIE L. PETCOVIC
17X,
(PlaintiffS - •'
vs. ??•,
LARRY A. MEYERS and
URSULA M. MEYERS
(Defendants
VS.
No. 7589 Civil 192-9-
1. State matter to be argued (t. c., plaintiff's motion for new trial.
defendant's demurrer to complaint, etc.):
Preliminary Objections to Plaintiffs' Amended Complaint
Identify counsel who will argue case:
(a) for plaintiff: Pro Se
(b) for defendant: Norman M. Yaffe, Esquire
3. I will notify all parties in writing within two days that this case has been
listed for argument._
kAti. ?" I t'
(Attorney forDefemdants )
Dated:
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
CAPTION OF CASE
(entire caption must be stated in full)
DENIS J. PETCOVIC and
MARJORIE L. PETCOVIC,
(Plaintiff)
Vs.
LARRY A. MEYERS and
URSULA M. MEYERS,
(Defendant)
NO. 99-7599 Civil T„1 y 1A )A: 2000
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's
demurrer to complaint, etc.): Plaintiff's Motion for Entry of Final Judgement
on Complaint /Amended Complaint.
2. Identify counsel who will argue case:
Denis J. Petcovic and Marjorie L. Petcovic
(a) for plaintiff: 112 B Ridgefield Circle
Address: Clinton, MA 01510
(b) for defendant: Norman M. Yoffe, Esq.
Address: 214 Senate Avenue, Suite 203
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:
'? ??? _ QCtigs J p6Cd(//C
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Dated: July 16, 2000 AttoxTYY for
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A DENIS J. PETCOVIC and
MARJORIE L. PETCOVIC,
Plaintiffs
VS.
LARRY A. MEYERS and
URSULA M. MEYERS,
Defendants
JAN 0 5 2001 to
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7589
CIVIL ACTION - LAW
ARGUMENT COURT BRIEF FOR DEFENDANTS
I. STATEMENT OF FACTS'
The Meyers' are the owners of 288 Fairview Street, Carlisle.
They leased these premises for 3 years to the Petcovics. Sometime in
July, 1999 the Petcovics vacated.
The Meyers had received from the Petcovics a security deposit of
$975.00. The Meyers returned to the Petcovics $544.71 of their
security deposit in September 1999.
II. PROCEDURAL HISTORY
A chronological summary of this history follows:
a. Petcovics files a District Justice action against the
Meyers claiming damages for the alleged failure of the Meyers to
timely return to them their tenants' security deposit, or proper
portion thereof.
b. Judgment was entered by the District Justice on
November 30, 1999 in favor of the Petcovics.
C. The Meyers' timely appealed to the Cumberland County
Court of Common Pleas and ruled on the Petcovics to file a Complaint.
d. In January 2000, the Petcovics filed a Complaint.
' These facts are from the allegations of the Amended complaint and are those which
the Meyers can admit.
e. On or about February 17, 2000, the Petcovics sent to
the Meyers the 10 Day Notice pursuant to Pa. R.C.P. 237.1.
f. On March 2, 2000, the Meyers filed a Preliminary
Objection to the aforesaid 10 Day Notice on the basis that the
Complaint failed to contain a Notice to Defend.
g. On or about April 5, 2000, the Petcovics filed an
Amended Complaint.
h. On April 25, 2000, the Meyers filed Preliminary
Objections to the Amended Complaint, claiming':
(1) A violation of Pa. R.C.P. 1019(h), and
(2) A violation of Pa. R.C.P. 1033.
i. On or about July 27, 2000, the Petcovics filed a Motion
to have "final judgment" entered in their favor.
j, After Argument before the Court, an order was entered
December 27, 2000 dismissing the Petcovics' Motion for "final
judgment" as improvidently filed.
k. On or about January 4, 2000, the Meyers' listed the
case for Argument on their Preliminary objections to the Amended
Complaint.
III. ISSUES
1) Is the failure to state whether a claim is based upon a
writing, and if so, to attach a copy of the writing to the Complaint,
subject the pleader to a preliminary objection?
2) Does the Petcovics' failure to obtain a Court Order permitting
them to file an Amended Complaint constitute grounds for a preliminary
objection to such Complaint?
,
IV. ARGUMENT
Rule 1019(h) requires the pleader to state whether the claim is
based on a writing, and if so, to attach a copy. The Petcovics have
violated this rule. Their Amended Complaint doesn't state whether
there is a writing, and none is attached.
The Petcovics have also violated Rule 1033. They can only file
an Amended Complaint through a Stipulation of by leave of Court
(unless of course they can come within Rule 1028(c) (1) which is
instantly not available to them since their Amended Complaint was
filed more than 20 days subsequent to the Meyers' Preliminary
objection to the original Complaint).
Instantly, there was no such Stipulation nor any Court Order
obtained.
V. CONCLUSION
For the above stated reasons, the Petcovics Motion for "Final
Judgment" should be dismissed and the Meyers' Preliminary objections
to the Amended Complaint should be sustained.
YOFFE & YOFFE, P.C.
7
By /'?"fah 1
NON M. YO FE, ESQUIRE
Attorney for Defendants
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 07135
Myers, larry\brief2
2 The fourth word in Paragraph 2 of these Preliminary objections should be "violates"
rather than "updates".
sni?dn?a?lls
COMMONWEALTH OF PENNSYLVANIA
• COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. (?C1_ -fF(`Pq
t:f?
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice
on the [late and in the case mentioned below.
r,lnr<LLeNr a. our. a or J.
MYCRS, LARkY A. find URSULA M. 093-o3 ow?SAN 11. I?A`J/
cirT arwra ai, coca
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1220 PeASANT RUN TALLAIIASS - FL 32312
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CLAIM MO. ONA1V wa OI/fJjt ON NI. wT1.... Y ON ...X1
DT i999-Oc?o02 -7 •' ?Ll`lfi4-0.
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.J.P.
R.C.P.J.P. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as No. 1001(6) in action before District Justice, lie
a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within twenty (201
days after filing his NOTICE of APPEAL.
Signature or prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon
(Common Pleas No.
appelleefs), to file a complaint in this appeal
twenty (20) days after service of r suffer entry of judgment ;f non pros.
JO NIS 41.9-mVIG anclJAAQJo2115 A?TCDVIG Signature /appellan orh attorney oragent
RULE: To ,appellee(s)
Name o/ appelfeehl
(1) You are notified that it rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL RE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date,
AOPC 31290 _
COURT FILE TO BE FILED WITH PROTHONOTARY
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12/10/99 10:13 FAX 7174868880
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CMERLM
-" 09-3=03
of wmr ?.
WSM X- DAY
Aa; 419 MILL STREET, BOX 167
. MT. SOLLY SPRINGS, PA
T,uprom: 17171 486-7612 17 065
gars" X. DAY
319 MILL STREET, BOX 167
aS'1'. , HOLLY SPRINGS,. PA 17065
THIS IS TO NOTIFY YOU THAT:
Judgment:
® Judgment was entered for: (Name)
® Judgment was entered against: (Name)
In the amount of $ 0 n•I Fn
Defendants are jointly and severally liable.
Damages will be assessed on:
This case dismissed without prejudice.
Amount of Judgment Subject to
? Attachment/Act 6 of 1996 $
Levy Is stayed for days or
11, VS.
X%.
of Judgment
nt Costs
on Judgment
+ Fees
Post Judgment Credits $
Post Judgment Costs $
stayed.
Objection to levy has been filed and hearing will be held:
Date: Place
% 11
Time:
ANY PARTY HAS THE RIGHT TO APPt
OF APPEAL WITH THE PROTHONOTA
MUST INCLUDE A COPY OF' HIS NOT
7 Dat9, '
.421161-12
DJ09-3-03 11001
NOTICE OF JUDGME?NT/TRANSCRIPT
CIVIL CA E
• wwawAOCness -?
rgTCOVIC, DBMS 4 rnarnorg
1138 RIDGSFISLD CIRCLE
CLII4Tf>DT, MA 01510
L J
DEFENDANT: uAUe..aACOna+a
rMYERB, L1?RRY A. i 17RSITLA H.. ST AO
1220 PB81?8AD'i' RUN
q+ALT,1fBAS6S8, FL 31312
J
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DockatNo.: Cp-0000177-99
Date Flied: 10/31/99
PLAINTIFF: (Date & Time)
(Date of Judgment) 11 43A o
Judgment Total
WITHIN'30 BAYS AFTER THE ENTRY OF JUDGMENT BYFILING A NOTICE
CLERK OF T1 "E COURT CF COMMON PLEAS, CIVIL DIVISION, YOU-
'OF JUDOMENTRRANSC'RIPT FORM WITH YOUR NOTICE OF APPEAL
, District Justice
I certifyrs true and coRecrt copy of the re?dpf ih'e proceedings containing the judgment.
I My commission expires first Monday of January, 2004 SEAL
AOPC 315-99. '
' 12!10 '99 10:09
DENIS J. PETCOVIC and
MARJORIE L. PETCOVIC,
Plaintiffs
Vs.
LARRY A. MEYERS and
URSULA M. MEYERS,
Defendants
..... ?. ._. .., ? Try
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7589
CIVIL ACTION - LAW
PRELIMINARY OBJECTIONS TO PLAINTIFFS' AMENDED COMPLAINT
TO THE HONORABLE JUDGES OF SAID COURT:
The Preliminary Objections of Defendants, respectfully
represents:
1. The Amended Complaint fails to comply with Pa. R.C.P
1019(h)I in that it doesn't state whether the claim is based upon a
writing, and if so it fails to attach a copy thereof.
2. The Amended Complaint updates Pa. R.C.P. 1033 in that there
has been no stipulation by the parties allowing the filing of an
amended complaint nor have plaintiffs' obtained leave of Court
therefor.
WHEREFORE, Defendants request the Court to order the Amended
Complaint be stricter.
YOFFE & YOFFE, P.C.
By f: ? K4
NORMAN M. YOFFE, ESQUIRE
Attorney for Defendants
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 07135
myern, larry%letter3
DENIS J. PETCOVIC and
MARJORIE L. PETCOVIC,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-7589 CIVIL
VS.
LARRY A. MEYERS and
URSULA M. MEYERS,
Defendants
CIVIL ACTION - LAW
IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS TO THE COMPLAINT
BEFORE BAYLEY AND HESS. JJ.
ORDER
AND NOW, this 2 3 d day of April, 2001, the preliminary objection of the
defendants citing a violation of Pa.R.C.P. 1019(h) is SUSTAINED and the plaintiffs are herewith
given thirty (30) days within which to file an amended complaint.
The preliminary objection of the defendants on a count of an alleged violation of
Pa.R.C.P. 1033 is DENIED.
BY THE COURT,
Denis J. Petcovic
Marjorie L. Petcovic
Pro Se Plaintiffs
Norman Yoffe, Esquire
For the Defendants
Kevi A. Hess, J.
I
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Am
_NXIARY
Di 23 ?ii i 18
r ? COU lly
Cl3iV?J? Y:il'
PENNS? VAMA
DENIS J. PETCOVIC and
MARJORIE L. PETCOVIC,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-7589 CIVIL
VS.
LARRY A. MEYERS and
URSULA M. MEYERS,
Defendants
CIVIL ACTION - LAW
IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS TO THE COMPLAINT
BEFORE BAYLEY AND HESS. JJ.
OPINION AND ORDER
In this case, the plaintiffs, Denis J. and Marjori L. Petcovic, had entered into a three-year
lease with the defendants, Lam A. and Ursula M. Meyers, for property located at 288 Fairview
Street, Carlisle, PA. The plaintiffs had given the defendants a security deposit of $975.00. The
plaintiffs vacated the property in July of 1999. The defendants returned $544.71 of that deposit.
Thereafter, the Petcovics filed a district justice action against the Meyerses alleging that the latter
had failed to timely return their security deposit. Judgment was entered in favor of the plaintiffs
and the defendants thereafter appealed.
Following the filing of a complaint in the Court of Common Pleas, the plaintiffs sent the
defendants a ten-day notice of default pursuant to Pa.R.C.P. 237.1. On March 2, 2000, the
defendants filed a preliminary objection to the ten-day notice on the basis that the complaint
failed to contain a notice to defend. On April 5, 2000, the plaintiffs filed an amended complaint.
On April 25, 2000, the defendants filed preliminary objections to the first amended complaint
claiming a violation of Pa.R.C.P. 1910(h) and Pa.R.C.P. 1033. Rather than seeking the
disposition of these preliminary objections, the plaintiffs, on July 27, 2000, filed a motion to
99-7589 CIVIL
have "final judgment" entered in their favor. This has necessitated two separate arguments in
this case with resultant delay. On December 27, 2000, we dismissed the plaintiffs' motion for
"entry of final judgment." The preliminary objections of the defendants to the first amended
complaint were thereafter listed for argument and are now ready for disposition.
The first objection of the defendants is brought pursuant to Pa.R.C.P, 1910(h) which
requires that a pleader state whether the claim is based upon a writing. If the claim is based upon
a writing, the pleader must attach a copy of the writing to the complaint. The defendants are
correct that the plaintiffs failed to state in the first amended complaint whether the claim was
based upon a writing nor did the plaintiffs attach any writing to the complaint. We decline,
however, to dismiss their complaint on that basis. Where it is apparent that a pleading can be
cured by amendment, the lower court should give the pleader an opportunity to file an amended
complaint. See Del Turco v. Peo les' Home Say. Ass'n., 329 Pa.Super. 258, 478 A.2d 456
(1984). In any amended complaint, it will be incumbent upon the plaintiffs to state whether their
claim is based upon a writing and, if it is based on a writing, to attach it.
The defendants' second preliminary objection charges that the plaintiffs violated
Pa.R.C.P, 1033 in filing their first amended complaint. That Rule provides that the amendment
of a complaint may be accomplished only by agreement of parties or by leave of court. In this
case, neither occurred. We will, nonetheless, allow amendment. It is long been the rule that
amendments should liberally be allowed in an effort to secure the determination of cases based
upon their merits rather than upon mere technicality. Horowitz v. Universal Underwriters' Ins.,
397 Pa-Super. 473, 580 A.2d 395 (1990).
I
I
99-7589 CIVIL
The defendants acknowledge the provisions of Pa.R.C.P. 1028(c)(1) which allow the
amendment of a complaint as of course when preliminary objections are filed. The first amended
complaint in this case was filed in response to preliminary objections. The defendants argue that
Rule 1028 is "not available... since their Amended Complaint was filed more than twenty days
subsequent to the Meyers' Preliminary Objection to the original Complaint." We do not agree.
It is clear that the first amended complaint was filed in response to preliminary objections
and, therefore, comes under the ambit of Rule 1028(c)(1). The question then becomes whether
or not the plaintiffs are prevented from claiming the benefit of this Rule where they violate its
twenty-day provision.' In this case, we will disregard the tardiness of the filing. Instead, we
invoke Pa.R.C.P. 126. That Rule reads:
The rules shall be liberally construed to secure the
just, speedy and inexpensive determination of
every action or proceeding to which they are
applicable. The court at every stage of any such
action or proceeding may disregard any error or
defect of procedure which does not affect the
substantial rights of the parties.
Here, there is no prejudice to the defendants in permitting the amendment nor can it be said that
any substantial rights of the parties would be thereby affected.
ORDER
AND NOW, this 7-3 ,d day of April, 2001, the preliminary objection of the
Here the preliminary objections were filed on March 2"' and the amended complaint filed on April Yh, more than
thirty days after the filing of the preliminary objections.
99-7589 CIVIL
defendants citing a violation of Pa.R.C.P. 1019(h) is SUSTAINED and the plaintiffs are herewith
given thirty (30) days within which to file an amended complaint.
The preliminary objection of the defendants on a count of an alleged violation of
Pa.R.C.P. 1033 is DENIED.
BY THE COURT,
Denis J. Petcovic
Marjorie L. Petcovic
Pro Se Plaintiffs
Norman Yoffe, Esquire
For the Defendants
:rlm
Plaintiff: Denis J. Petcovic
Marjorie L. Petcovic
112 B Ridgefield Circle
Clinton, MA 01510
Defendant: Larry A. Meyers
Ursula M. Meyers
1220 Pheasant Run
Tallahassee, FL 32312
Date Of Notice: May 21, 2001
NOTICE
In The Court of Common Pleas
Cumberland County, Pennsylvania
No. 99-7589
Civil Action Law
You have been sued in court. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this complaint
and notice are served, by entering a written appearance personally or by an attorney and
filing in writing with the court, your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so, the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
Plaintiff: Denis J. Petcovic
Marjorie L. Petcovic
112 B Ridgefield Circle
Clinton, MA 01510
Defendant: Larry A. Meyers
Ursula M. Meyers
1220 Pheasant Run
Tallahassee, FL 32312
Date Of Notice: May 21, 2001
In The Court of Common Pleas
Cumberland County, Pennsylvania
No. 99-7589
Civil Action Law
AMENDED COMPLAINT
AND NOW, come the Plaintiffs, Denis and Marjorie Petcovic, and respectfully represents
as follows:
1. The Plaintiffs, Denis and Marjorie Petcovic, are adult individuals residing at 112 B
Ridgefield Circle, Clinton, MA 01510
2. The defendants, Larry A. Meyers and Ursula M. Meyers, are adult individuals who
reside at 1220 Pheasant Run, Tallahassee, FL 32312
3. We, the plaintiffs, rented a house from the defendants at 288 Fairview Street, Carlisle,
PA 17013.
4. Defendant failed to return our security deposit. In accordance with the Pennsylvania
Landlord and Tenants Law, Mr. and Mrs. Meyers were to return our security deposit of
rented from
$975.00 no later than 10 August 99 (30 days from vacating property).
Meyers's for 3 years, never missed a months payment, paid a $975.00 security deposit and
moved out 10 July 99. We gave Mr. Meyers a forwarding address.
5. Mr. Meyers's representative, Mr. Nankivell, did a walk-through and informed us we
owed $50.00 in damages. This was on July 10th, the day we moved out.
6. Mr. Meyers actually came to the property 3 weeks after we had moved out and
assessed us additional charges.
7. We finally received a portion of our security deposit 12 September, 30 days late and
the amount was short $250.00
8. Therefore, in that Mr. and Mrs. Meyers did not return our security deposit within 30
days, in accordance with Pennsylvania Landlord dlsts ($60.50), for chtiming double the
of 2,01050.
security deposit of $975. ($1 ($1,,95950), p judgment co
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VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 PA. C.S. &
4904, relating to unswom falsification to authorities.
CERTIFICATE OF SERVICE
I hereby certify that on May 21, 2001, I served a copy of the foregoing document
by first class U.S. mail, postage prepaid, to the parties listed below, as follows:
Lary A. Meyers Yoffe & Yoffe, P.C.
Ursula M. Meyers Suite 203, 214 Senate Avenue
1220 Pheasant Run Camp Hill, PA 17011
Tallahassee, FL 32312
ends J.'4etcovic
COMMONWEALTH OF PENNSYLVANIA
JULIN I Y Ut-: "vraaa:.a?aa<u?u
09-3-03
0J113m0: Hon.
SUSAN R. DAY
Am'aaa 229 MILL STREET, BOX 167
MT. HOLLY SPRINGS, PA
T01aphon0 : (717) 486-7672 17065
PETCOVIC, DENNIS & MARJORIE
112B RIDGEFIELD CIRCLE
CLINTON, MA 01510
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME aW ADDRESS
rPETCOVIC, DENNIS & MARJORIE
112E RIDGEFIELD CIRCLE
CLINTON, MA 01510
L J
VS.
DEFENDANT: NAME aM ADDRESS
rMYERS, LARRY A. & URSULA M., ET AL,
1220 PHEASANT RUN
TALLAHASSEE, FL 32312
L J
DocketNo.: CV-0000277-99
Date Filed: 10/21/99
9
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT JUDGMENT PLTF
® Judgment was entered for: (Name) PF.mrnvrr, nrmNTC n MAR.TARTF.
® Judgment was entered against: (Name) MYRFR, T.AFRV A- & UggnT.A M-
in the amount of $ 2, m n - sn on: (Date of Judgment) 11 Ian/q9
Defendants are jointly and severally liable. (Date & Time)
? Damages will be assessed on:
? This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
? Levy is stayed for days or ? generally stayed.
? Objection to levy has been filed and hearing will be held:
Amount of Judgment
Judgment Costs
Interest on Judgment
Attornev Fees
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
Date: Place:
Time:
ANY PARTY HAS THE RI
OF APPEAL WITH THE P
MUST INCLUDE A COPY
I certify
C
TT T0?0 WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
T NOTAflY LERK OF THE COURT COMMON PLEAS, CIVIL DIVISION. YOU
HIS NOTICE F JUDGMENTIT S I T FORM WITH YOUR NOTICE OF APPEAL.
District Justice
and correpTcopy of the rec"rr hk proceedings containing the judgment.
, District Justice
My commission expires first Monday of January,
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DENIS J. PETCOVIC and
MARJORIE L. PETCOVIC,
Plaintiffs
VB.
LARRY A. MEYERS and
URSULA M. MEYERS,
Defendants
AND NOW comes Defendants and file their Preliminary Objections to
Plaintiffs' second Amended Complaint, as follows:
1. On April 23, 2001 your Honorable Court entered an order
sustaining Defendants' Preliminary Objection and Ordered Plaintiffs to
file and Amended (second) Complaint.
2. The basis of the sustained Preliminary Objection was that
Plaintiffs failed to state in their Amended Complaint whether their
claim was based upon a writing, and if so, to attach a copy thereof to
their pleading, all in violation of Pa. R.C.P. 1019(h).
3. In its opinion concomitant to its aforesaid Order, your
Honorable Court Ordered:
"In any Amended Complaint, it will be incumbent upon the
Plaintiffs to state whether their claim is based upon a writing, and,
if it is based on a writing, to attach it."'
4. Plaintiffs have filed another Amended Complaint (second
Amended Complaint) but have completely failed to do what was Ordered
by the court with respect to disclosing whether their claim involves a
writing, and if so, to attach it.
' See Page 2 of the April 23, 2001 order.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7589
CIVIL ACTION - LAW
WHEREFORE, Defendants request the Court to dismiss the Complaint
(without leave to again file an Amended Complaint).
YOFFE & YOFFE, P.C.
:' f' Lief 1 V f l ??
By
NORMAN M. YOFFE, ESQUIRE
Attorney for Defendants
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 07135
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DENIS J. PETCOVIC and
MARJORIE L. PETCOVIC,
Plaintiffs
VS.
LARRY A. MEYERS and
URSULA M. MEYERS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7589
CIVIL ACTION - LAW
PLAINTIFFS REQUEST TO DEFENDANT FOR ADMISSIONS
Pursuant to Pa. R.C.P. 4014, defendants by their undersigned
attorney, hereby request that plaintiffs make the following admissions
within thirty days after service for the purposes of this action only
and subject to all pertinent objections as to relevancy which may be
interposed at trial of this case.
1. Plaintiffs must answer these Requests for Admissions within
thirty days from receipt thereof. Any Request that goes unanswered with
the time allowed will be deemed admitted pursuant to Rule 4014(b) of the
Pennsylvania Rules of Civil Procedure.
2. Each Request shall specifically be admitted or denied,
including the authenticity or accuracy of any documents referenced or
attached.
3. In the case of a Request for Admission seeking to admit or
deny the accuracy of information or data contained in a document or
table, each entry of data or factual information contained in the
document or table shall constitute a separate Request for Admission.
Therefore, if defendants consider that a specific datum or other portion
of the information contained within a document or table presents a
genuine issue for trial or considers that the information cannot for
some other reason be admitted, plaintiffs may deny only that portion of
the information contained in the document or table and shall admit all
true information contained in the document or table.
4. If a matter contained in any Request cannot be admitted or
denied, the reasons for this shall specifically be set forth in detail
in the Response to the Request, including lack of sufficient information
as to the matter in question obtained after reasonable inquiry.
5. A denial shall fairly meet the substance of the requested
admission.
6. If plaintiffs' response to a Request is an objection, the
reasons for the objection must be stated with particularity.
7. When good faith requires that plaintiffs qualify their
answer or deny only a part of the matter for which an admission is
requested, plaintiffs must specify the portions of the Request to which
they admit and then deny or qualify their answer as to the remainder.
Wherever a denial or partial denial is made, plaintiffs shall state each
and every fact that forms the basis for the denial or partial denial,
and shall identify all documents that support or tend to refute their
denial or partial denial. When a portion of information contained in a
document cannot be admitted, plaintiffs shall deny only that portion of
the information which cannot be admitted and shall admit the remainder
of the document or table.
8. Plaintiffs may not give lack of information or knowledge as
a reason for failure to admit or deny, unless they have made reasonable
inquiry and unless the information known or readily obtainable by them
is insufficient to enable them to admit or deny the matter for which an
admission is requested. In such case, plaintiffs shall set forth the
nature of the inquiry undertaken.
REQUEST FOR ADMISSIONS
1. It is admitted that we rented the house at 288 Fairview
Street, Carlisle, PA from Defendants for a term of 3 years which ended
on July 10, 1999, when we moved out.
2. It is admitted that when we moved out on July 10, 1999, we
did not at that time advise Defendants of any forwarding address for us,
either in a writing or otherwise.
3. It is admitted that when we moved out on July 10, 1999,
Defendants' maintenance man, Robert Nankivell requested that we give him
a forwarding address, which we declined to give.
4. It is admitted that at no time prior to the commencement of
this legal action did we give in a writing to Defendants, or to either
of them, or to their agent our forwarding address.
YOFFE & YOFFE, P.C.
By
NORMAN M. YOFFE, ESQUIRE
Attorney for Defendants
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 07135
myern, larry\adminnionn
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DENIS J. PETCOVIC and
MARJORIE L. PETCOVIC,
Plaintiffs
vs
LARRY A. MEYERS and
URSULA M. MEYERS,
Defendants
Date of Notice: 10 July 2001
CIVIL ACTION - LAW
AND NOW, come the Plaintiffs, Denis J. And Marjorie L. Petcovic, and respectfully represents the
following:
Admissions 1 (admitted). It IS admitted that we rented from Larry A. and Ursula M. Meyers at 288
Fairview Street, Carlisle, PA for a term of 3 years, terminating on 10 July 1999.
Admissions 2 (denied): It is NOT admitted that we did not notify the Defendants, in writing, our
forwarding address. We did, in fact, deliver to the Defendants Agent ( Mr. Robert Nankivell), in writing,
according to law, our forwarding address. This was accomplished during the walk through inspection
conducted by Mr. Nankivell on or about 20 July, 1999. An affidavit to this effect is enclosed. Mr.
Nankevill, then obviously passed that address to Mr. Meyer's as evidenced by the of 2 August, 1999, post
mark on a letter from the Meyer's to the Petcovic's, to the 112 B Ridgefield , Clinton, MA (forwarding)
address. Copies of the envelopes to the forwarding address are enclosed and will be produced at hearing.
Admissions 3 (denied): It is NOT admitted that we declined to give our forwarding address to the Meyer's
agent, Mr. Nankevill. Quite the contrary, the forwarding address WAS GIVEN to Mr Nankevill, and
obviously passed on to the Meyer's or they would not have addressed the 2 August letter with the
forwarding address and would not have even written the letters of explanation, had they not had anywhere
to send them This is addressed in the enclosed affidavit and will be addressed at hearing, under oath.
Admissions 4 (denied): It is NOT admitted that we did not give our forwarding address to the Defendants
or their Agent. As explained above and in the affidavit, we DID in fact, give, in writing, to MR
Nanakevill our forwarding address well within the 30 day period and the Meyer's commenced to
correspond with us, using the forwarding address, as early as 2 August 1999.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-7589
Denis J. Petcovic Date: //
Marjorie L. Petcovi to i ;., Uv(
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Affidavit
I, Denis J. Petcovic and I , Marjorie L Petcovic, do swear that on or about 20 July, 1999,
we did deliver to the Defendants (Larry A. and Ursula M. Meyers) Agent, Mr. Robert
Nankivell, in writing, according to law, and well within the 30 day period as directed by
law, our forwarding address. This was accomplished during the walk through inspection
conducted by Mr. Nankivell. Mr. Nankevill, then obviously passed that address to Mr.
Meyers, as evidenced by the of 2 August, 1999, post mark on a letter from the Meyer's to
the Petcovic's, to the 112 B Ridgefield , Clinton , MA (forwarding) address.
Signed under pains and penalties of perjury
Denis J. Petcovic Date: / 0 JV 2u°/
Marjorie L. Petcovic Date: / 0 Ny 200/
If
CERTIFICATE OF SERVICE
I hereby certify that on July 11, 2001, I served a copy of the foregoing document
by first class U.S. mail, postage prepaid, to the parties listed below, as follows:
Larry A. Meyers Yoffe & Yoffe, P.C.
Ursula M. Meyers Suite 203, 214 Senate Avenue
1220 Pheasant Run Camp Hill, PA 17011
Tallahassee, FL 32312
Deg Petcovic
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