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07-2555
CaMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Q2'.. ~~~$' 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 date and in the case referenced below. MI\V. UIJ1. 1'.V. CVr Y .r.~~i ti .~. ~ DAP/-- d 3 ,` ~f'. ~. under Pa. ~ If appellant was Claimant (see Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDERS to the judgment for possession in this case. ,,,~ .~ (20) days after frling the 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.D.J. 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 appellee(s), to file a complaint in this appeal (~ Name ofa/pp~~~~(s) (Common Pleas No. ~~ Z S-Ss [~; ire ~L )within twenty (20) days after service of rule or suffer entry of judgment of non pros. I~~ ~, Signatureofappellantora eyoragsnt RULE: To /r~~d~. /~~tal'7~C.~ , appellees) ' Name of tree(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ~~ 3 , 20 V Signa f Prothonotary or p YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF.NOTICE OFAPPEAL AND RULE TO F/LE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIQAVIT: I hereby (swear} (affirm} that I served ^ a copy of the Notice of Appeal, Common Pieas ,upon the District Justice designated therein on (date of service) , 20 ^ by personal service ^ b y (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on . 20 ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of affiant Signature of offrcia! before whom affidavit was made Title of official My commission expires on , 20 ~ ~ t~ <r ~ ^--~ ~ ~~~. ~~ t'S`! r t : , .. ~ ~ Tm ""~: ~ Tf i~ ,. . <~ f.. -n rr = ~ ~ `~ , , r C:~ t'r; :~ --: c~.;. = ~ c3'~ _ _ :~ COMMONWEALTH OF PENNSYLVANIA ```'""~ rnl InITV nF• CUlIt88RLAIID Mag. Dist. No.: 09-1-03 MDJ Name: Hon. RICHARD S. DOUGEBRTY Address: 9 8 S gHOrp~ DR .STE 1 E1~OLA, PA Telephone: (717 728-2805 17025 ATTORNEY DEF PRIVATE MIDPENN LEGAL SERVICES GEOFF BIRINGER 401 E.LOUTHER ST, STE 103 CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rLYTLE, ROBIl~ 8b5 DOGETTE ROAD FOREST CITY, 1~C L J VS. DEFENDANT: NAME and ADDRESS rFIDELER, ROCHELLE, 8T AL. ~ 1582 HOLTZ ROAD ENOLA, PA 17025 L J Docket No.: LT-0000100-07 Date Filed: 4/11/07 7H1 ~ IS TO NOTIFY YOU THAT: Judgment: FOR PI,AIIsiTIFF r- Judgment was entered for: (Name) LYTLB ROBIN Judgment was entered against FIDELER JOHN in a ® Landlord/Tenant action in the amount of $ . 00 on 4/26/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 650.00. The total amount of the Security Deposit is $ 650.00 Total Amount Established by MDJ Less • Security Deposit Appl~~ _= Adjudicated Amount Rent in Arrears $ . 00 - $ Physical Damages Leasehold Property $ . 00 - $ . 00 Damages/Uniust Detention $ _ 00 - $ - 00- Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount ^ Attachment Prohibited/ ~ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ^ This case dismissed without prejudice. ® Possession granted. Total Judgment $ .00 .00 $ _00 $ .00 $ _00 $ _00 $ _00 $ _00 $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ^ Possession granted if money judgment is no sa is ie y ime o evic Ion. ~~ Possession not granted. ^ Defendants are jointly and severally liable. - -- IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF-THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDERS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date s a true an o t copy Date M~r commission expires first Monday of January, 2012 AO C 315A-06 SEAL rial District District Judge ROBIN LYTLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :DOCKET No. 07- .2S.i'.S" CIVII. ROCHELE FIDLER, et.al., Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow ROCHELE FIDLER to proceed in forma pauperis. I, Geoffrey M. Biringer, the attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Geoffrey M. Biringer MIDPENN LEGAL SERVICES 401 E. I.outher Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 ..~/3 /o~ ~ na ~ ~ -..., -,7 i~-r_ ~~. l _- ~ ~ T --~". !^? `_ ...1 s^. -_a.. -_ ~~ ~ _ ~ ° ' { .~ Q- - ~ ~ .. .~ m ~ Postage $ 3 p p Certified Fee ~`~ Z T ~ ;, p Retum Receipt Fee (Endorsement Required) (~ I~ a,~ : y~` ~_~ ~~~ ~ ~ ,, i O ra Restricted Delivery Fee (Endorsement Required) ! s <i ~ p Total Postage & Fees ~ ~t ~" s~ ~t"~ ( r .r r '4~~ ~~ p '' Sent To _.°-- --- - ` ----- - - -------°------ °='~ 1 - ~ b treef, Apf No.; [ G j --- ------- -°----- City State, ZIP+4~ ~~~ ~ /~i /C 2~0 ~~ _ ~/S~ .~ ~ ~ ~ ~ ..o o , .. .-. m r` m ~ ~° Postage $ .3 `I f-l Certified Fee ~ ~ Postrnark O Retum Receipt Fee D /~ ~ H919 (Endorsement Requred) O ~ ~ i ~ ,± ('t t; ~ ` p p-~ ResMcted Delivery Fee (Endorsement Required) j „~ m O Total Postage & Fees / $ ~1 l /~ ~ ~O U ~. ~ , ~~ ~ S`tree4 Apt. No.; City, State, 7JP+4 ~~~ , ~~ ! -7 0 2~ Of E OF NOTICE OF PPEAL AND RULE TO FILE COMPLANVT (This proof of service MUST BE FILED W/THlN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF~~ ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Plea ~~ ,upon the District Justice designated therein on (date of service) s/3 , 20 O ~ , ^ by personal service ~ by (certified) mail, sender's receipt attached hereto, and upon the appellee, (name) p'Csjs•- , on ~~J , 20V7 ^ by personal service Q by (certi ) (~giS~red}mail, sender's receipt attached hereto. ;MED) AND UBSCRIBED BEFOR ME ' , DAY OF ~ , 20 n ' ^~ ~ Signaturo of affant Title of¢fWr913~ ~.-: r .. r... My ~nfi~s$lon expires brt ~ L-~_ l.! , 20 ~~ . ,i ~ i `{ A~, r+ltp ^ gpE~NBAKEP NOTA~YPUBLIL ~ a,+;sl~ ~m '^ttmberland r,,cunty Iyq nnnn~lcsl~~ F.xolrP6 April 4 ^~9 , ~ o ~ o ~ ~ ~~ ~ ~ ter,; r:^.` ~ ~~ ~ ~~, ~ ~= ~ ~ _~ ,, ~; ~ ~ ~ ~ ~ ~ rn r ~ w EY'- COMMONWEALTH OF PENNSYLVANIA COURT O~ COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. OF AP LLAN r MAG. DIST. NO. OF D r.~ yr /~' ~ /2 /5'}J DATE OF UDGM T IN TH E OF (FiebrN~ - '~'~"y~ i r."r,,.~l . e w ..+; This block will be signed'DNLY when this bc~E is required under Pa. R.C.P.D.J. No. 10086.,. ' . This Notice of Appeal, when received by the Distriet:l~Ystice, will operate as a SUPERSEDEASto.thejudgmentfor possession in.tytr~jsgaase. ~'' j~,~,~ -1 ?/' ~ ., _ ~, ,?~"! ~/ /`yam- n r . a t / V^I NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. r.~7 was Claimant (see Pa. R.C.P.D.J. No. before a District Justice, A;`COMPLAINT MUST SE FILED within twenty (20) days after frling the NOTICE of APPEAL. ~P,RAECIPE~'1'O'~NTER RULE TO FILE COMPLAINT ANDRULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal (~ Name of appeNee(s) (Common Pleas No. ~ ~ 1 )within twenty (20) days after service of rule or suffer entry of judgment of non pros. ~~ - .? S'~'':r i ~ 1 .a SYgnaTure orappeUerrt oa ay or agent RULE: To ~~~~ /~~t~~ , appellees) Name of !lee(s) (1) You are notifie~l-that a rpld ~ herepy entered upon you to file a complaint in this appeal within twenty. (~y~($ys.after the date of service of this rule upon you'#,~~~iersonal servibe rwpy`~ertifled or registered mail. ,~ ~. (2) If you da ral`'file a complaint wjthln this tir}~e, a JUDGMENTAF NON PROS MAYBE ENTE~ AGAINST YOU. ~- ~~ Y .. ~. (3) TJjhe da~^of servic9~of thi$ rule if service,vr8s by mail is the date of the mailing. ~ ,,.,~ 4~ ~ o °. Date: ! '(. ~ ` ' 20,~ ~1r (~ ~ ! ~ ~ ~ ~ ~ W ,. ., ~ .. ,.. , ~: F~ , P , . ~. t, ' 1 ~ , ~ ~ .''~~~~ YOU MUST INC4U~Q~ AG"OP~Y-IE NOTI ~(~°Lr1~jJ~1~A/NSCRIPT FOI~111<~if~IT~.THIS M4T~IGE~APPEAL. ` .11~h~ .. A ~l~/ jQ(t7 1st` .. ~t~'1G~f~~"' ~ !Vf/V ;, 14.4.+ ~, ,, ?~f-~ . ~ yr F,;.e,r~,; j;~ N~~,f° 'lQ AOPC 312-02 r-+ -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBIN SHEETZ LYTLE, Plaintiff v. JOHN FIDLER and RACHELE FIDLER, husband and wife, Defendants 07-2555 CIVIL TERM LANDLORD -TENANT ACTION ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the Plaintiff, Robin Sheetz Lytle. May 23, 2007 ~~~~ ~ , Peter B. Foster, Esquire Attorney for Plaintiff PINSKEY & FOSTER 114 South Street Harrisburg, PA 17101 717-234-9321 I.D. # 15357 ~ ~~ CERTIFICATE OF SERVICE I hereby certify that on this date, May 23, 2007, I served a copy of the foregoing Entry of Appearance on the Defendants by mailing said copy by first class mail at Harrisburg, PA to the Attorney for Defendants at the following address: Geoffrey M. Biringer, Esquire Mid Penn Legal Services 401 East Lowther Street, Suite 103 Carlisle, PA 17013 May 23, 2007 ~~ Peter B. Foster, Esquire Attorney for Plaintiff ~ :7 ~-, ~ =;-i --s- _,,, `~^9 ~,. T.:i': ~. ~.~ '~~~} W 4 "'! ~} . ,. {:} r •' a=n [~~ ..~ of (": -: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBIN SHEETZ LYTLE, 07-2555 Plaintiff CIVIL TERM v. . LANDLORD -TENANT ACTION JOHN FIDLER and RACHELE FIDLER, husband and wife, : Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or 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 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBIN SHEETZ LYTLE, Plaintiff v. JOHN FIDLER and RACHELE FIDLER, husband and wife, Defendants 07-2555 CIVIL TERM LANDLORD -TENANT ACTION COMPLAINT 1. Plaintiff Robin S. Lytle is an adult individual with an address of 865 Dogette Road, Forest City, North Carolina 28403, who owns the residential property located at 1582 Holtz Road, Enola, Cumberland County, PA 17025. 2. Defendants John and Rachele Fidler are adult individuals who reside at 1582 Holtz Road, Enola, Cumberland County, PA 17025 and rent said property, as tenants, from Plaintiff. 3. Attached as Exhibit "A" is the Lease Agreement between Plaintiff and Defendants regarding the lease of the premises at 1582 Holtz Road, Enola, PA 17025 by Defendants from Plaintiff. COUNTI NON-PAYMENT OF RENT 4. Plaintiff incorporates by reference Paragraphs 1-3 of this Complaint as if said averments were fully set forth at length herein. 5. Defendants have failed to pay Plaintiff any monthly rental payments of $650.00 per month under said Lease Agreement (Exhibit "A") since November 1, 2006, and currently owe Plaintiff $4,550.00 in unpaid rent. 6. Plaintiff has given Defendants timely notice of the termination of said Lease Agreement (Exhibit "A") under Paragraph 3 of said Agreement due to Defendants' non-payment of rent since November 1, 2006. 7. The sum of $4,550.00 in unpaid rent is still due and unpaid, and Defendants, despite repeated demands, have failed and refused to pay the same, or any part thereof. WHEREFORE, Plaintiff Robin S. Lytle demands judgment against Defendants John and Rachele Fidler for $4,550.00, with interest from November 1, 2006 and costs. COUNT II 8. Plaintiff incorporates by reference Paragraphs l-7 of this Complaint as if said averments were fully set forth at length herein. 9. Defendants are in default under said Lease Agreement for failure to pay the required rent since November 1, 2006. 10. Plaintiff has given Defendants timely notice of the termination of said Lease Agreement for failure to pay rent. 11. Pursuant to Paragraphs 3 and 10 of said Lease Agreement, Defendants are required to surrender possession of said premises to Plaintiff upon termination of said Lease Agreement by Plaintiff. 12. Despite the termination of said Lease Agreement by Plaintiff, as aforesaid, Defendants have failed and refused to vacate and surrender possession of said premises upon demand to Plaintiff. WHEREFORE, Plaintiff Robin S. Lytle respectfully requests that this Honorable Court enter judgment against Defendants John and Rachele Fidler for possession of the premises located at 1582 Holtz Road, Enola, PA 17025. COUNT III ATTORNEY' S FEES 13. Plaintiff incorporates by reference Pazagraphs 1-12 of this Complaint as if said averments were fully set forth at length herein. 14. Paragraph 12 of said Lease Agreement provides that Defendants aze required to pay Plaintiff attorney's fees and costs, if Defendants breach said Agreement and Plaintiff is required to employ an attorney to enforce the provisions of said Agreement against Defendants. 15. Defendants have breached said Agreement, as aforesaid, and Plaintiff has been required to employ an attorney to enforce the provisions of said Agreement against Defendants. WHEREFORE, Plaintiff Robin S. Lytle demands judgment against Defendants John and Rachele Fidler in the amount of $1,000.00 for attorney's fees, plus costs. May 23, 2007 ~~~ ~ - Peter B. Foster, Esquire Attorney for Plaintiff PINSKEY & FOSTER 114 South Street Harrisburg, PA 17101 717-234-9321 I.D. # 15357 RESI]DEl'eTTIAL HOUSE LEASE AGItEE1VIElVT THIS HOUSE LEASE AGI~EE~vIEN'T (hereinafter "Agreement") is entered into, this October 9, 2005 by and between: The Lessor: Robin Sheetz Lyle of 855 Doggett Road Forest City, North Carolina (Hereinafter "Landlord") and the Lessees: John Fidler of 1582 Holtz Road Eno1a, Pennsylvania 17025 Rachele Fidler of 1582 Haltz Road Enola, Pennsylvania 17025 (Hereinafter "Tenants") in regards to the Proge~•: 1582 iJoltz Road Enola, Pennsylvania 17025 (Hereinafter "House") The Landlord and Tenants do hereby agree to abide by the terms set out in this Agreement. The terms of this Agreement are as follov~~s: 1. THE HOUSE In consideration of the rent payment to be paid by Tenants and of the other covenants and agreements herein contained, the Landlord rents to Tenants the House. Exhibit "A" Tenants shall use the House only for residential purposes. Tenants shall not use or allow the use of the House in any way that interferes with other tenants' use and enjoyment of the House or neigiinoring property. Tenants shall not use u'~e House for any illegal or improper use. Additionally, Tenants shall comply with all Zoning Ordinances, Protective Covenants and Deed Restrictions. The Tenants agree that no more than 4 residents are allowed to occupy the House. The Tenants agree while pets are permitted in the House and outbuildings they are subject to the following: Pets upon landlord approval. Tenants responsible for aamage, wear and tear dune by pets, uiCiiidiiig pail wing, :vood::Terk, and flnnrina -~- The Tenants acknowledge that they are exclusively responsible for auy ai.:: all damage caused to the House or outbuildings by any pet residing in, or visiting the House. Parking is available with the House. 2. PA~'li~i~.IOT T SCa'2'f,T)t.;i1 Al!';~ ;vETAJR:S The Tenants agree to pay Six Hundred Fifry Dollars ($650.00 USD), Monthly. Payment shall be made on or before: the Fourth day of each month during the Pntire length of this Agreement. Payments shall be made at: 2541Vorth 1/nola Drive, Enola Pennsylvania, 17025, or at such other place as the Landlord and Tenants agree upon. 3. I";vilT~C'TE?T €~F AC~>!~'1_~E+h?T This Agreement shall begin November I, 2005. Unless terminated, this Agreement shall be automatically renewed yearly. Either party may terminate this Agreement by giving written notice to the other at least 50 days prior to the end of the calendar month. 4. Ti'EliTAN7~' RESIPONSIBI>LIT'IES The Tenants agree to accept responsibility for the following: a. Maintaining the lawn, including mowing, watering, weeding and other reasonable maintenance as needed. b. Removal of snow in a timely fashion. c. Tenant is responsible for the maintance of road, including tree removal, and proper maintance of gutters. d. The property and outbuildings are rented as is, if the tenants would like to make improvements or modifications they may do so at their own expense, once they have cleared the plans with the landlord. e. Tenant needs to report any maintance issues as soon as possible. The Tenants shall comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes; r~.aiu~ain the House in good condition during the entire length of this Agreement and shall neither cause nor allow any abuse of the facilities therein. The Tenants shall inform the Landlord of any condition that may cause damage to the House. If the House, or any part of the House, is partially damaged by fire or other casualty not due to the negligence or willful act of the Tenants or an agent of the Tenants, the House will be immediately repaired by the Landlord and there will be an abatement of rent corresponding with the time d-~zrir~g which the Haase ~z~Wg rwntreatablP, Upon the termination or expiration of this Agreement the Tenants shall redeliver the property, amenities, furniture, appliances and any ether applicable aspects of the House, in as good condition as at the commencement of the Agreement or as may be put in during the Agreement. Reasonable wear and tear from use and obsolescence to the House shall be accepted. Furthermore, the Landlord retains a Landlords Lien on all personal property placed upon the premises to secure the payment of rent and any damages to the House. 5. UTILITIES l~he rental payments include the following utilities: Trash removal 6. HOUSE ALTERATIONS Tenants s~,all make no alterations, additions or improvements to the House (including the application of paints, stains, mails or screws to the wood=,.~ork, wails; uoors or furnishings j wiLihout fu-st obtaining tiic express written corser.t of the Landlord. In compliance with Pennsylvania Code § 25Q.512: Every landlord shall within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises, ~Thichever first occurs, provide a tenant with a written list of any damages to the lease- hold premises for which the landlord claims the tenant is liable. 17elivery of the list shall be accompanied by payment of the difference between any sum deposited in escrow, including any unpaid interest thereon, for the payment of damages to the leasehold premises and the actual amount of damages to the leasehold premises caused by the tenant. Nothing shall preclude the Iandlord from refusing to return the escrow nZnd, including any unpaid interest thereon, for nonpayment of rent or for the breach of any other condition in the lease by the tenant_ Any landlord who fails to provide a written list within thirty days as required above, shall forfeit ail rights to withhold any portion of sums held in escrow or to bring suit against the tenant for damages to the leasehold premises. Failure of the tenant to provide the landlord with his new address in writing upon termination of the lease or upon surrender and acceptance of the leasehold premises shall relieve the landlord from any liability under this section. 7. ~NSTtTRAN~E Tenant acknowledges that Landlord's insurance does not cover personal property ,7 ____ ~.. a 1. ~ +1,n~ nn+n of (manta ar•t~ of ntharc anr~ /nr anv I.LQitId.~G liC7AilGU U,• 111 G. L11L+1L, iulli, YY G.L, GI~+W -.V2 VV~+, u~v V~aava.i. .u J other causes, nor shaIl Landlord be held liable for such losses. Tenant is hereby strongly advised to obtain his own insurance policy to cover any personal Iosses. &. El'~tTRY n aR REPAIRS ®R SRQ~,' In addition to the rights provided by the laws applicable to the State of Pennsylvania, the Landlord shall have the right to enter the House at all reasonable times for the purpose of inspecting the and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alteratians as may be deemed necessa*y by the L •andlord for the presezvation of ,the House ar the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Agreement. The Landlord shall give reasonable notice of intent to enter House except in the case of an emergency. °. ~>1JIET l~ll1~C?Y14~I ~+ NT The Tea*iants shall be entitled to quiet enjoyment of the House for the term of this Agreement provided that the Tenants pays rent in a timely manner and performs alI covenants and obligations under this Agreement. 10. )I'®SSESSION AND SIURREIvi~lu'R 61r' T~1E t7ifiuSE At the ea~piration of the Agreement Tenn, Tenants si~ali immediately surrender the House to the Landlord in the same condition as at the start of the Agreement, reasonable wear and tear elements excepted. The Tenants shall return a complete set of keys to the Landlord and provide in writing, the Tenants forwarding address. If any Tenant remains on the House after the expiration or termination of this Agreement without the Landlord written permission, the Landlord may recover possession of the House in the manner provided for by law. 11. ~sBA.NB6l'~l'vgENT Abandonment is defined as absence of the Tenants from the premises for a period of seven (7) or more consecutive days while rent or any owing monies remain unpaid -whereupon Tenants will be considered in breach of this Agreement. If Tenants abandons the House during the term of this Agreement, the Landlord may enter the House by any Iegal means, without being liable for such entering, and without becoming liable to the Tenants for damages caused upon entering. Landlord may consider any personal property belonging to the Tenants and left on the property to also have been abandoned, in urfich case the Landlord may dispose of all such personal property in any manner the Landlord deems proper without becoming liable to the Tenants for doing so. The Landlord may at its option terminate the Agreement and re-let the House, and may receive and collect all rent payable by virtue of such re-letting. Had this Agreement continued in force, the Landlord may hold the Tenants liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired te-m Qi~d t'tle r~et rent for such perlcd realized by the Landlord by means of the re-Iettin~. 1~. LEGAL FEES If the Tenants is in breach of this Agreement, and the Landlord finds it necessary to enforce this Agreement, or collect rental or other damages, through an attorney or in a legal action, the Landlord shall be indemnified by the Tenants for any reasonable attorneys' fees and out-of-pocket costs which in any way relate to, or were precipitated by, the breach of this Agreement by the Tenants. 13. VVAI~ER The Landlord's ~..ilure to enforce or insist on compliance with any provisions of 'this Agreement shall-not be deemed a waiver nor a limitation of the Landlord's rig fit to enforce GI insist un c',ompilanCe with the proVlSioiLS of uuS AgYieeirent. 14. BINDING EFFEC~i' Except as otherwise provided in this Agreement, all of the covenants, conditions, and provisions of this Agreement shall apply to and bind the parties and the heirs, personal representatives, successors, and assigns of the parties. 15. ~EAD~IGS '$ '~ f fi'° ^`•,,"°nlence of the parties nnly a_nd are nit ttJ be H2adings are uiSei eu yr u.v wii~v ConsidEred whe^~ iii erpF~ti~tg tlli5 Agreement. I6. ASS~GNl!'fEN'I', S[JB-LET AMID LICENSE The Tenants shall not assign this Agreement, or sub-let or grant any license to use the House or any part thereof without the prior written consent of the Landlord. Consent by the Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written consent of the Landlord or an assignment or sub-letting by operation of lain shall be absolutely null and void and shall, at the Landlord option, terminate this Agreement. 17. AI~ENDI~'IENT 4F ~iGREEl~ENT Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by both parties. 18. EIS i ~icE tsiO~EE1VfiEl~v i This Agreement constitutes the entire agreement between the parties and supercedes any prior written or oral covenants or representations relating thereto and not set forth herein shall be binding on either parry hereto. This Agreement may not be amended, modified, extended, or supplemented except by written instrument executed by the Landlord and Tenants. The Landlord has made no representation or warranty to Tenants except as herein expressly set forth. 19. SEVERABII.I'PY Shvuid uiiy vv"uiu'~.tS ari.°ie }'et.:'wu ~.*:J' p?Tty of Chic AgrPemPnta, ~d the applicable legislation of the State of Pennsylvania, the State Laws will prevail end such provisions of the Agreement will be amended or deleted as necessary in order to comply with the State Laws. Furthermore, any provisions that are required by State Laws gray be subsequently incorporated into this Agreement. In the event any of the provisions of this Agreement are held to be in~~alid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as t+hOUgh the invalid or unenforceable parts had not been included in this ...Agreement. ~0. GUVEI~N-A1VG 1..A~1' This Agreement shall be governed and constnzed in accordance with the taws of the State of Pennsylvania. 21. ~4.I?I}ITIQN~ FRQVISIONS Any one other then tenants listed on lease older then 2I years ofage and not attending school full time will be charged $100.00. per month in addition to the monthly rent. The parties hereby indicate by their s banatures below that they have read and agree with the terms and conditions of this Agreement in its entirety. Landlord: Tenant: 1 ? J 1,~- ~g~a.e • f - Signature: ~ ' c -;-.: /~ ~ ~L' 1~. -~~~- -' Er-% ~.. I ,f Print: r~~~~ /E~ ~= ~ _~~ r'~ fC'''-. Print: Tenant: ~~~ „ `~~~-~ ~ -3-~ - Signature: J~"~f>~~ ~ ~_ -~ ~F- ~~ ~' l ,a VERIFICATION I, Peter B. Foster, Attorney for Robin S. Lytle, hereby state that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. This Verification is made by the Attorney for Plaintiff because Plaintiff is not immediately available to sign a verification. Plaintiff will sign and file a replacement verification in the immediate future. May 23, 2007 ~r g.~ Peter B. Foster, Esquire ~' CERTIFICATE OF SERVICE I hereby certify that on this date, May 23, 2007, I served a copy of the foregoing Complaint on the Defendants by mailing said copy by first class mail at Harrisburg, PA to the Attorney for Defendants at the following address: Geoffrey M. Biringer, Esquire Mid Penn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 May 23, 2007 C- V~`y`~~` ' l Peter B. Foster, Esquire Attorney for Plaintiff ~-7 ^; ~ -- ~, ~ _~ ~ ; -~- ^~ „; ~; -, _ . -; - = .. F.-, .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBIN SHEETZ LYTLE, Plaintiff v. JOHN FIDLER and RACHELE FIDLER, husband and wife, Defendants 07-2555 CIVIL TERM PETITION TO TERMINATE SUPERSEDEAS Please terminate the supersedeas in the within action for failure of the appellant to pay monthly rental as required by PA. R.C.P.D.J. No. 1008 for a period in excess of thirty (30) days. June 8 2007 ~~ '" Peter B. Foster, Esquire Attorney for Appellee Robin Lytle PINSKEY & FOSTER 114 South Street Harrisburg, PA 17101 717-234-9321 I.D. # 15357 Upon confirmation of failure of the appellant to deposit the monthly rent for more than thirty (30) days, the supersedeas is terminated. r onotary Deputy CERTIFICATE OF SERVICE I hereby certify that on this date, June 8, 2007, I served a copy of the foregoing Petition to Terminate Supersedeas on the Defendants by mailing said copy by first class mail at Hamsburg, PA to the Attorney for Defendants at the following address: Geoffrey M. Biringer, Esquire Mid Penn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 June 8, 2007 ~~~ Peter B. Foster, Esquire Attorney for Appellee C> v ~~ ' ... ~ . t ~ - ~ ,A-> r ~ - % - - :'~ ~ r~ p .-G .`.~ `- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBIN SHEETZ LYTLE, 07-2555 Plaintiff :CIVIL TERM JOHN FIDLER and RACHELE FIDLER, husband and wife, Defendants DEFENDANTS' PETITION TO RESTORE SUPERSEDERS 1. Plaintiff is the owner of residential rental property located at 1582 Holtz Road, Enola, Cumberland County, Pennsylvania. 2. Defendants are tenants at the above address and appealed a judgment of Magisterial District Justice Richard S. Dougherty for possession to the Plaintiff on May 3, 2007. 3. The MDJ found that no rent was due, yet noted on the Notice of Judgment/Transcript that the amount of the rent is $650. (Transcript attached as Exhibit"A") 4. Defendants have paid no rent into escrow, as per Pa. R.C.P. No. 1008, but have used monies to make emergency repairs to the septic system. 5. Said Rule requires the escrow of monthly rent as it becomes due, but no rent will become due until this Court determines what rent, if any, is required, due to the dilapidated nature of the premises as found by the MDJ below. 6. This matter has not been heard previously by any Judge in the Cumberland County Court of Common Pleas. 7. Plaintiff's attorney's concurrence was sought on this date, but not granted. WHEREFORE, Defendants pray this this Court continue the supersedeas granted in this case, and issue a Rule upon the Plaintiff, to show cause, if any she has, why the stay should not continue until further order of this Court without bond or escrow. Respectfully submitted, MIDPENN LEGAL SERVICES By. ~ ~ ' ~ Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID#18040 COMMONWEALTH OF PENNSYLVANIA rrn IrvTV nF~ " CU>dl~8RLA1~D Mag. Dist. No.: 09-1-03 MDJ Name: Hon. BLCHARD S . DOII(~iBSRTY Address: .9 8 S SNOLA DR, STS 1 BNOLA, PA Te~ePhone. X717 > 728.-2805 17025 ATTORIQBY DSF PRIVATE ` . , MIDPSDIN LEGAL SERVICES GSOFF BIRI~iGSR 401 S.LODTHSR 3T, STS 103 CARLISLE, PA 17013 NOTICE-OF JUDGMENT/TRANSCRIPT .:RESIDENTIAL LEASE- . PLAINTIFF: NAME andADDRESS rLYTLS ROBIIfi 865 DOG$TTS LOAD ~ FOIST CITY, MC L J VS. .DEFENDANT: NAM6 and ADDRESS rFID$LSR, HOCSSLLB, ST AL. 1.582 HOLTZ 80AD ~ BMOLA, PA 17025 L -~ Docket No.: LT-0000100-07 Date Filed: 4/11/07 - a4 THIS IS TO NOTIFY YOU THAT: Judgment: _ _ FOB PS.7lI1~TIFA ~ -----~----~ >_ ROSIN ~' Judgment was entered for: {Name) LYTLB, Judgment was entered against FIDSLSR, ROCBSLLS __ in a ® Landlord/Tenant action in the amount of $ . 00 on 4/26/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 650.00. The total amount of the Security Deposit is $ 650.00 Total Amount Established by MDJ Less • Security Deposit Applied = Adjudicated Amount Rennin Arrears $ • 00 - $ . 04° $ . 00 Physical Damages Leasehold Property $ • 00 - $ • 00 ° $ • 0~ ~ Damages/Unjust Detention $ _ 00 - $ _ 00 = $ _ 00 , Less Amt Due befendan4 from Cross Complaint - $ . 00 Interest (if provided by lease) ' $ _ 00 . LR Judgment Amount $ _ 00 Attachment Prohibited/ `Judgment Gosts $ _ ~ , - 42 Pa:C.S.-§ 81.27: _ Attorney Fees $ . 00 This case dismissed without prejudice. Total Judgment $ . 00 ®:Possession granted.. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Possession granted if money judgment is no sa Is le - y Ime o evlc Ion. r ^ Possession not. granted. ^ Defendants are jointly and severally liable. iN AN ACTIC3FJ•INVOL`/ING~A~~t~S1~kENT1AX`6.'~LEA~; k~}V RAR'~M #iASTTHEAIGHT'fURPPEAL FROM A JUDGMENT FOR P055ES~ION WITHIN n _,TEN DAYS AFTER THEDATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS. - OFTHE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN bPPEAL OF THE MONEY JUDGMENT, IF AMY. IN ;....:ORDER TO OBTAIN'A.SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. - IF APARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH.THE"PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS; CIVIL DIVISION. ; THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT 1N THE COURT OF COMMON PLEAS;"ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . - UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS,,ANYONE INTERESTED IN THE JUDGMENT MAY FILE A BEQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH'THE JUDGMENT. , ' Date ,Magisterial District Judge certl y t at t Is Is a true an o t copy t rec a ro s contalning t o ~u gment. Date ,Magisterial District Judge M~ commission expires first Monday of January, 2012 • ~x / ' ~ SEAL Ao c; sisA-os / , VERIFICATION I, Geoffrey M. Biringer, hereby verify the enclosed Petition in lieu of the Defendants as they are unavailable in time to act upn Plaintiff's Petition to Terminate Supersedeas, and have provided counsel with this information subject to the penalties of 18 Pa.C.S.A. Section 4904. This information is true and correct to the best of my knowledge, information and belief. ~`~ ~ r Geoffrey M. Biringer C3 c ° . Ty r e 'i : ~ T C'± J-` °: j k ~jo Q ./ (ti ~_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBIN SHEETZ LYTLE, Plaintiff v. JOHN FIDLER and RACHELE FIDLER, husband and wife, Defendants 07-2555 CIVIL TERM PETITION TO TERMINATE SUPERSEDERS Please terminate the supersedeas in the within action for failure of the appellant to pay monthly rental as required by PA. R.C.P.D.J. No. 1008 for a period in excess of thirty (30) days. C~~ " . June 8, 2007 Peter B. Foster, Esquire Attorney for Appellee Robin Lytle PINSKEY & FOSTER 114 South Street Harrisburg, PA 17101 717-234-9321 I.D. # 15357 Upon confirmation of failure of the appellant to deposit the monthly rent for more than thirty (30) days, the supersedeas is terminated. J~ ~. ~~~ o~ OG, r onotaty Deputy 1_ CERTIFICATE OF SERVICE I hereby certify that on this date, June 8, 2007, I served a copy of the foregoing Petition to Terminate Supersedeas on the Defendants by mailing said copy by first class mail at Harrisburg, PA to the Attorney for Defendants at the following address: Geoffrey M. Biringer, Esquire Mid Penn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 June 8, 2007 ~~ ~ Peter B. Foster, Esquire Attorney for Appellee ~. ~ a ~ ".~ C -T~ d ~ ~ .r, ..- r~1 --r3~; 3 ~ ! '~-) ~ .f-3 - ; _.. t=om ~ 1.i otl~' ~ ; VERIFICATION ,ytle, avers that the statements made in the foregoing best of her knowledge, information and belief. These enalties of 18 Pa.C.S.A. § 4904, relating to unsworn obin Sheetz Lyt " N ~ , ~ ~ r _ .....~ .-t C".'...'' `~ r _~ ~ry ~4a _` ~ i. ~i_ `~~ r ~ ~ ti ~~ ~ 1 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBIN SHEETZ LYTLE, 07-2555 Plaintiff :CIVIL TERM JOHN FIDLER and RACHELE FIDLER, husband and wife, Defendants t~-i Y 1 nor ~ RULE AND NOW, this ~ ~ day of , 2007, Plaintiff's Petition to Terminate Supersedeas is STAYED, and a Rule is hereby issued upon the Plaintiff herein, to show cause, is any she has, why the supersedeas previously allowed in this case, should not be continued, without bond or escrow, pending further Order of Court. Said Rule is returnable at a hearing to be held on the ~d-day of ~ , 2007 in Courtroom # 3 , at ~~~00 A .M. By the Court. q o ~ ~ J rl.i.~~t~'~ ~ ~~~'rtrflr~ a ®~ `~ ~7fl '! i ~~! ~~ LUUG d~`d!U~v~:~~ ~.~~W~~ WH.t ~'J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBIN SHEETZ LYTLE, 07-2555 Plaintiff CIVIL TERM v. LANDLORD -TENANT ACTION JOHN FIDLER and RACHELE FIDLER, husband and wife Defendants NOTICE TO PLEAD TO: Plaintiff, Robin Sheetz Lytle c/o Peter B. Foster, Esquire 114 South Street Harrisburg, PA 17101 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM THE DATE OF SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED GAINST YOU. Dated: t~~9~d 7 Respectfully submitted: MIDPENN LEGAL SERVICES B " " ' ' ~. Y~ Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBIN SHEETZ LYTLE, Plaintiff v. JOHN FIDLER and RACHELE FIDLER, husband and wife Defendants 07-2555 CIVIL TERM LANDLORD -TENANT ACTION ANSWER, NEW MATTER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. No response required. 5. Denied. Defendants paid rent in December, 2006 at which time they stopped paying rent based on Plaintiff's breach of the implied warranty of habitability as set out more fully in New Matter below. As a result of said breach(es), Defendants deny owing Plaintiff any rent. 6. Denied, as the averment is a legal conclusion to which no response is required. 7. Denied. Defendants do not owe any rent, as is set out more fully in Defendants' New Matter, Affirmative Defenses, and Counterclaims below. WHEREFORE, Defendants demand that Plaintiff s complaint be dismissed and judgment entered for Defendants. 8. No response required. 9. Denied. Averment is a legal conclusion to which no response is required. 10. Denied. Averment is a legal conclusion to which no response is required. 11. Denied. Averment is a legal conclusion to which no response is required. 12. Denied that the lease has terminated as a legal conclusion as to which no response is required, but admitted that Defendants refuse to vacate. WHEREFORE, Defendants demand that Plaintiff's complaint be dismissed and judgment entered for Defendants. 13. No response required. 14. Denied as the averment is a legal conclusion to which no response is required. Further denied that said costs and fees are reasonable. 15. Denied as to the breach which is a legal conclusion to which no response is required, and denied that an attorney was required because Defendants are without information sufficient to form a belief as to the truth of the averment. WHEREFORE, Defendants demand that Plaintiff's complaint be dismissed and judgment entered for Defendants. NEW MATTER 16. Paragraphs 1-15 are incorporated herein by reference hereto. 17. Defendants moved into the leased dwelling on November 1, 2005 following the execution of the lease. 18. Defendants paid a security deposit of $650 and November's rent of $650 at that time. 19. At the time of the execution of the lease, the Plaintiff promised Defendants that the roof would be fixed and the furnace repaired. 20. Neither of these repairs, despite complaints made to the Plaintiff, were made. 21. Defendants invested approximately $500 in heating fuel which could not be used, due to the condition of the furnace. 22. In addition to these unfulfilled promises, the garage was filled with junk, preventing storage of Defendants' vehicles, there was and is a serious infestation of snakes and mice on the premises, a constant odor of dogs raised by the Plaintiff, and the smells and overflowing of an unhealthy septic system. 23. Said system has deteriorated to the point where raw sewage covers the basement floor, and the Defendants have had to expend over $200 toward its repair. 24. As a result of the ongoing condition of the premises, from the inception of the lease, to the present, (see, East Pennsboro Township Inspection Report, dated 5/4/2007, attached hereto as Ex. "A"), the residence has been worth no more than $300 per month. 25. As a result of the ongoing condition of the premises, of which the Plaintiff was repeatedly notified, Defendants overpaid their rent in the total amount of $4,900 ($350x14 months). 26. On at least two occasions, Defendants' water service has been terminated, leaving the premises uninhabitable for at least two days. 27. Despite knowledge of this situation, Plaintiff took no action to have the water service restored, but left it to the Defendants to go down in to a well and turn a valve back on. 28. Defendant Rachele Fidler is disabled and the ongoing condition of the premises, the uncertainty concerning her utility sources, all within the control of the Plaintiff, has caused her much physical pain and anguish. 29. Plaintiff's failure to make promised repairs and to respond promptly to the needs of the Defendants is particularly egregious because the Defendant is disabled, magnifying her discomfort. AFFIRMATIVE DEFENSES I. Breach of warranty of habitability 30. Paragraphs 1-29 are incorporated herein by reference hereto. 31. By failing to make promised repairs at the inception of the lease, at any time thereafter in response to the Defendants' complaints, and more recently, in response to the inspection report by the Township, Plaintiff has breached the implied warranty of habitability to the detriment of the Defendants. 32. Said breach has reduced the value of the leased premises to no more than Three Hundred Dollars ($300) per month at any time from the inception of the lease to the present, and the liveability of the premises to approximately forty-five percent of the bargained for space. 33. Any rent found to be due, should be offset by the amount of rent that Defendants have overpaid ($4,900) and, for rents not paid, by the amount of Three Hundred Fifty Dollars ($350) per month. 34. Any rent found to be due should be offset by the unusable expenditure of $500 for heating oil, and the ongoing repair of the sewage system which, to date, has cost the Defendants $179. 35. As a result of said breach, Defendants do not owe Plaintiff any rent, have not defaulted under their lease, and are entitled to ongoing possession of the leased prerruses. WHEREFORE, Defendants pray that Plaintiff s Complaint for possession, rent, and fees and costs be dismissed and judgment entered for Defendants II. Unfair and Deceptive Practices 36. Paragraphs 1-35 are incorporated herein by reference hereto. 37. By failing to make promised repairs at the inception of the lease, at any time thereafter in response to the complaints of the Defendants, and most recently, to the inspection report by the Township, Plaintiff has violated Pennsylvania's Unfair and Deceptive Practices Act. 38. In leasing to the Defendants, Plaintiff certified that the premises were standard (up to code) when they were not, in violation of 73 P.S.Section 201- 2(4)(ii),(v),(vii). 39. Plaintiff intentionally misled the Defendants into leasing the premises by making promises to repair and failing to make repairs, in violation of 73 P.S. Section 201-2(4)(xxi). WHEREFORE, Defendants suffered actual damages of at least $5,579 and, due to the egregious nature of the violations, are eligible for an award of three times the actual damages, Defendants pray that Plaintiff's Complaint for possession, rent, fees and costs be dismissed and judgment entered for Defendants. COUNTERCLAIMS I. Breach of implied warranty of Habitability 40. Paragraphs 1-39 are incorporated herein by reference hereto. 41. By failing to make promised repairs at the inception of the lease, at any time thereafter in response to the complaints of the Defendants, and most recently, to the inspection report by the Township, Plaintiff has breached the implied warranty of habitability to the detriment of the Defendants. 42. As a result: a. Defendants have overpaid their rent in the total amount of $4,900; b. spent $500 for heating oil they could not use. c. incurred sewage repair bills in the amount of $179, with more expenditures anticipated. WHEREFORE, Defendants demand that judgment be entered in their favor and against the Plaintiff in the amount of $5,579, said amount being within the amount requiring referral to compulsory arbitration. II. Unfair and Deceptive Practices 43. Paragraphs 1-42 are incorporated herein by reference hereto. 44. By failing to make promised repairs at the inception of the lease, at any time thereafter in response to the complaints of the Defendants, and most recently, to the inspection report by the Township, Plaintiff has violated Pennsylvania's Unfair and Deceptive Practices Act in the following respects: 45. In leasing to the Defendants, Plaintiff certified that the premises were standard(up to code) when they were not, in violation of 73 P.S.Section 201- 2(4)(ii),(v),(vii). 46. Plaintiff intentionally misled the Defendants into leasing the premises by making promises to repair and failing to make repairs, in violation of 73 P.S. Section 201-2(4)(xxi). WHEREFORE, Defendants demand that a judgment be entered in their favor and against the Plaintiff in the amount of $5,579 and/or treble that amount due to the egregious nature of the conduct of the Plaintiff, said amount being within the amount requiring referral to compulsory arbitration. Dated: fJ/~~/ ©~ MIDPENN LEGAL SERVICES ~-.~ ~ ` By: Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 -scars, pa+511 ~ ~zUae1~11a~';~ ,~a~}Qw°a °" "~ 5`a~l~ap ~o P~bu~y s NI i~,. ~ lo~~;~ ? oM1 io}'ao1+~aS lelaaa d11 ~~~ oA aol ~a'd aaF~~~l~eWa3~ +zo!~'~ Swan JCSFPI-i H, RCNA,R~?1GC Twp. Engineer/P.W. Dir. JEFFREY SHULTZ Bldg. Inspector & Code Enforcement Officer ROBERT GOULD Code Enforcement Officer BRANDY MELLOTT Bldg. Inspector & Code Enforcement Officer JCHN ^o. CWEN Dir. of Housing & Community Deveiopment/Zoning Officer KAREN DUNKLE Health & Code Enforcement Officer JOYCE CASSEL Department Secretary EAST PENI\IS~30R0-TOWNSHIP Robin Sheetz-Lytle 865 Doggett Road Forest City, NC 28403 Steve Bond Representative for Owner May 4, 2007 RE: Property Maintenance Inspection of 1582 Holtz Road, Enola, PA 17025 Dear Robin Sheetz-Lytle, Based on information that was given tc our office, a full property maintenance inspection was conducted on May 1, 2007 at approximately 2:30 PItiI. The Township must inform you that your property of 1582 Holtz Road, Enola, PA is in violation of Property Main(t~enance Ordinance 719-06/725-06 Chapt//e~~rs 3, 5, 6 and 7, Sections 302.5, 303.1, 304.2, 305.3, 5V3.1, 503.4, 504.1, 5x6.2, 603.1, 6V4.3 Grill 7x4.2 which state the following: 302.5 Rodent harborage. '`All structures and exterior property shall be kept free f; om rodent harborage and infestation. l~lxere rodents are found, .they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation. " Evidence of snakes present in the basement at the furnace area. 303.1 Swimming pools. ``Swimming pools slaall be maintained in a clean and sanitn._ry condition., and in good repair. " 304.2 Protective treatment. `'411 exterior surfaces, including but not limited to, doors, door and window frarres; cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood sun{aces, other than decay-resistant woods, shall be protected from the elements and decay by painting yr other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and su faces repainted. <4ll siding and masonry joints as well as those between the building envelope and the perimeter of windows, cloors, and snyiighl's shall ve maintained weather resist<xnt and water right. All metal surfaces subject to rust or corrosion shall be cocted to inhibit such rust and 98 Souin Enoia urive • Enola, N~ 17025-2796 • X717] 732-071 1 _ w '~'7'~-- .. corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. " Corner of dwelling where Tyvec is exposed needs to be covered to protect from weathering. 305.3 Interior surfaces. `All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. " This will also include any molds on drywall or a_ny other surfaces, primarily in the basement area. 503.1 Privacy. "Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. " Bathroom located in bedroom should be enclosed to provide privacy; proper ventilation would also be required. 503.4 Floor surface. "In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. " Bathroom floor in bedroom is "spongy" around shower area and requires a nonabsorbent surface. 504.1 General. `<dll plurYb~ng wztur es Shall be properly installed arcd maintalrced in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and f,~nc zonal condition. " Shower located in bedroom has a major leak. 506.2 Maintenance of Sanitary Drainage. "Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. " Septic tanks located at the two occupied dwellings are not properly covered. 603.1 Mechanical appliances. "All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. " Thermostat for furnace has been removed, and will need replaced. 604.3 Electrical system hazards. "Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper-wiring or installation, deterioration or damage, or for similar reasons, the code off cial shall require the defects to be corrected to eliminate the hazard. Receptacle in entrance way, at chimney area, is not properly attached to a surface and has exposed wires. 704.2 Smoke alarms. "Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room use d for sleeping purposes. 3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units tivith split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suj~ce for the adjacent lower level provided that the lower level is less than one full story below the upper Single or multiple- . station smoke alarms shall be installed in other groups in accordance with the International Fire Code. " The Township must also notify you that this property known as parcel number 09-11-3010-007 has a significant accumulation of rubbish and~debris located at the vacant mobile home and at the dwelling known as 1582 Holtz Road. The dwelling known as 1580 Holtz Road has an unlicensed/'unregistered vehicle that will require proper licensing, proper storage or removal from property. The property ~~~ill be re-inspected on June 5, 2007 at 9:30 Pu 4 to ensure your compliance with the above mentioned ordinances. Failure to comply will constitute violation, which upon conviction is punishable by fine of not less than three hundred dollars ($300.00) & not to exceed one thousand dollars ($1000.00) per violation plus costs of prosecutor. ,Everyday that the violation continues ai er the notice has been served shall be deemed a separate offense. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the violation is located and shall be a lien upon such real estate. If you feel that this notice has been issued in error, or you wish to appeal this notice of violation, you will have twenty (20) days form the date of receiving this notice of violation to submit a written appeal of the above-mentioned violation. Appeals for violations of the Property Maintenance Ordinance shall be addressed to the East Pennsboro Township Board of Commissioners care of East Pennsboro Township, 98 South Enola Drive, Enola, Pa 17025.. If you have any questions regarding this matter, you may contact our office at 717-732-0711. Sincerely, Karen Dunkle Health Inspector Code Enforcement Officer Brandy Mellott Building Inspector Code Enforcement Officer Sent 1st Class & Cert. Mail # 70033110000639559842 -Robin Sheetz-Lytle Sent 1St Class & Cert. Mail # 70033110000639559859 - Stephen J Bond VERIFICATION We, JOHN FIDLER and RACHELE FIDLER, make this verification that the facts set forth in the foregoing Answer with New Matter, Affirmative Defenses and Counterclaims are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: ~ ~~~~ hn Fidler Date: 6/ ~~~ ~ ~~f h~ Rachele Fidler CERTIFICATE OF SERVICE I hereby certify that on this date, 6//4'~D7 , I served a copy of the foregoing Answer, New Matter, Affirmative Defenses, and Counterclaims on the Plaintiff by mailing said copy by first class mail at Carlisle, PA to the attorney for the Plaintiff at the following address: Peter B. Foster. Esquire 114 South Street Harrisburg, PA 17101 Dated: ~p~ 9/D' r' ~' ~~ r /~, yL. ~~r'~'~ 4 Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 !~ -v Y .-. Robin Sheetz Lytle, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V . NO. 07 - 255 CIVIL TERM John Fidler and Rachele Fidler, husband and wife, . Defendants LANDLORD -TENANT ACTION MOTION FOR CONTINUANCE Defendants, John and Rachele Fidler, by and through their attorneys, MidPenn Legal Services, move the Court for an Order rescheduling the hearing in the above- captioned case on the grounds that: 1. Defendants are experiencing extenuating personal problems including the death of Rachele Fidler's uncle and an emergency surgery scheduled for her father. 2. Defendants are unable to be present and attend the scheduled hearing time and date. 3. Attorney for Defendants requests a continuance of this hearing. 4. Attorney for Plaintiff does not concur with this motion. Respectfully Submitted, MIDPENN LEGAL SERVICES p,`u c~ `r '~~ a e E. D' Alo, Attorney for Defendants Je sr a Holst, Attorney for Defendants Ge rey Biringer, Attorney for Defendants 401 E. Louther Street, Suite 103 Carlisle, PA 17013 C) o ~- o -n ` ' t r s , t~ ~. ` ~ :~ t~ ~ ./''_ 1V ~~ ' ~ i, Kam,. l ~ ~ ~..~. " S A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBIN SHEETZ LYTLE, Plaintiff v. JOHN FIDLER and RACHELE FIDLER, husband and wife, Defendants 07-2555 CIVIL TERM PLAINTIFF'S ANSWER TO DEFENDANTS' PETITION TO RESTORE 5UPERSEDEAS AND NOW, this 21St day of June, 2007, comes Plaintiff Robin Lytle, by her attorney, Peter B. Foster, Esquire, and answers Defendants' Petition to Restore Supersedeas as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. Admitted that Defendants have paid no rent into escrow, as per Pa.R.C.P.D.J. No. 1008. Denied that Defendants have used monies to make emergency repairs to the septic system. Plaintiff has no knowledge of the truth or falsity of said averment and strict proof thereof is demanded at trial. 5. Admitted in part and denied in part. Admitted that Pa.R.C.P.D.J. 1008 requires the escrow of monthly rent as it becomes due. Denied that no rent will become due until this Court determines what rent, if any, is required, due to the dilapidated nature of the premises as found by the MDJ below. On the contrary, it is clear under the District Justice Judgment, the lease between the Parties' (attached to the Complaint as Exhibit "A") and the Complaint that Defendants are required to pay monthly rent of $650.00 to Plaintiff. It is not up to the Court to determine what rent is required. Under Pa.R.C.P.D.J. 1008 the District Justice Judgment only .+. -. requires a fmding that the landlord is entitled to possession and not rent. Furthermore, there was absolutely no finding by District Justice Richard S. Dougherty that the premises are dilapidated. 6. Admitted. 7. Admitted. WHEREFORE, for all the foregoing reasons, Plaintiff Robin Lytle requests this Honorable Court to deny Defendants' Petition to Restore Supersedeas and grant Plaintiff immediate possession of said premises. Respectfully submitted, June 21, 2007 ~' J Peter B. Foster, Esquire Attorney for Appellee Robin Lytle PINSKEY & FOSTER 114 South Street Harrisburg, PA 17101 717-234-9321 I.D. # 15357 VERIFICATION I, Peter B. Foster, Attorney for Robin S. Lytle, hereby state that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. This Verification is made by the Attorney for Plaintiff because Plaintiff is not immediately available to sign a Verification. Plaintiff will sign and file a replacement verification in the immediate future. June 21, 2007 Peter B. Foster CERTIFICATE OF SERVICE I hereby certify that on this date, June 21, 2007, I served a copy of the foregoing Answer on the Defendants by mailing said copy by fast class mail at Harrisburg, PA to the Attorney for Defendants at the following address: Geoffrey M. Biringer, Esquire Mid Penn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 June 21, 2007 1 `-'`~- Peter B. Foster, Esquire Attorney for Plaintiff ~~ ~ ~ ~ ~ ~ - ~„,~ ..~ [ ~~ N cr 4 ~ ~ti : ~ ~~"~ ~ N ~~ C_~, ~..~ ~~ ~ ~~ ~~,.~. JUN 2 6 20011' Robin Sheetz Lytle, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V NO. 07 - 255 ~ CIVIL TERM John Fidler and Rachele Fidler, husband and wife, Defendants LANDLORD -TENANT ACTION ORDER FOR CONTINUANCE AND NOW, this 26th da of June 2007, upon consideration of the attached Motion for Continuance, ~ ~ Y resc on at .m in o oom o e Cumberland County Courthouse, 1 Courthouse quare, sTia. Grace E. D'Alo, Attorney for Defendants Jessica Holst, Attorney for Defendants Geoffrey Biringer, Attorney for Defendants MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 .,G~,~,c.,ca 4"' ~ . ~? ?- 0 7 Peter Foster, Attorney for Plaintiff 114 South Street Harrisburg, PA 17101 Edward E. Guido, Judge ri ,' ryry t ~i ~ A ~Y.4 ,.~~lti .!'~~11'a~~ 4 Jim f`.6.?'til ~~i ~ f .~~ "~~~'~Yf i~.l .J ~ • ~ I'i~ L~ ~~ ~~U4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBIN SHEETZ LYTLE, Plaintiff v. JOHN FIDLER and RACHELE FIDLER, husband and wife, Defendants 07-2555 CIVIL TERM LANDLORD-TENANT ACTION PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND ANSWER TO COUNTERCLAIM REPLY TO NEW MATTER AND NOW, this 28~' day of June, 2007, comes Plaintiff Robin Sheetz Lytle, by her attorney, Peter B. Foster, Esquire and replies to Defendants' New Matter, as follows: 1 b. Admitted. 17. Admitted. 18. Admitted. 19. Denied. It is denied that at the time of the execution of the lease, the Plaintiff promised Defendants that the roof would be fixed and the furnace repaired. On the contrary, Plaintiff did not promise the Defendants that the roof would be fixed and the furnace repaired at the time of the execution of the lease. 20. Denied. It is denied that, despite complaints made to the Plaintiff, neither of these repairs were made. On the contrary, Plaintiff did not receive any such complaints. Further, The roof and furnace did not need repairs. 21. Denied. It is denied that Defendants invested approximately $500.00 in heating fuel which could not be used, due to the condition of the furnace. Plaintiff has no knowledge of the truth or falsity of said averment and strict proof thereof is demanded at trial. Furthermore, the furnace did not need repairs. 22. Denied. It is denied that the gazage was filled with junk, preventing storage of Defendants' vehicles, that there was and is a serious infestation of snakes and mice on the premises, a constant odor of dogs raised by the Plaintiff, and the smells and overflowing of an unhealthy septic system. On the contrary, the gazage was filled with junk but the Defendants leased the premises in an "as is" condition under Pazagraph 4(d) of the lease. Further, the remaining averments aze untrue. Defendants kept I4 dogs on the premises. 23. Denied. It is denied that raw sewage covers the basement floor, and the Defendants have had to expend over $200.00 towazd its repair. On the contrary, raw sewage does not cover the basement floor. Further, Plaintiff has no knowledge of Defendants spending over $200.00 in repairs, and strict proof thereof is demanded at trial. 24. Denied. It is denied that as a result of the ongoing condition of the premises, from the inception of the lease to the present, the residence has been worth no more than $300.00 per month. On the contrary, any substandard condition of the premises was caused by the Defendants. Further, under Paragraph 4(e) of the lease for the premises, the Defendants are responsible for maintenance and repair of the premises, as follows, in part: "The tenants shall comply with all obligations imposed upon tenants by applicable provisions of building, housing and health codes; maintain the House is good condition during the entire length of this Agreement and shall neither cause nor allow any abuse of the facilities therein." Furthermore, the monthly rent of $650.00 per month is fair and reasonable for the subject premises. 25. Denied. It is denied that as a result of the ongoing condition of the premises, of which the Plaintiff was repeatedly notified, Defendants overpaid their rent in the total amount of $4,900.00. On the contrary, the premises were in good condition when first leased to Defendants. Further, any substandard condition of the premises was caused by Defendants. Furthermore, Plaintiff was not notified by Defendants of any substandard condition of the premises. Also, Defendants did not overpay their rent. The rents charged and paid were reasonable for said premises. 26. Admitted in part and denied in part. Admitted that on two occasions, Defendants water service has been terminated due to the Defendants failing to live up to an agreement with a third parry to pay the water bill. Further, Plaintiff has no knowledge as to whether or not the premises were uninhabitable due to water service being terminated and strict proof thereof is demanded at trial. 27. Denied. It is denied that despite knowledge of the situation, Plaintiff took no action to have the water service restored, but left it to the Defendants to go down into a well and turn a valve back on. On the contrary, Plaintiff has no knowledge of the situation. Further, Defendants' water service was terminated on two occasions due to Defendants failing to live up to an agreement with a third party to pay the water bill. The water service was cut off due to no fault of Plaintiff. Also, Plaintiff has no knowledge as to whether or not Defendants had to go down in a well and turn a valve back on to restore water service, and strict proof thereof is demanded at trial. 28. Denied. Plaintiff has no knowledge of the truth or falsity of said averment, and strict proof thereof is demanded at trial. 29. Denied. It is denied that Plaintiff failed to make promised repairs and to respond promptly to the needs of the Defendants. On the contrary, Plaintiff never promised any repairs and did not fail to respond to the needs of the Defendants. Further, Plaintiff has no knowledge as to any discomfort experienced by Defendant Rachele Fidler and strict proof thereof is demanded at trial. 30. Admitted. 31. Denied. On the contrary Plaintiff did not make any promises to make repairs at the inception of the lease. Further, Plaintiff did not receive any complaints. Further, Plaintiff could not respond to the inspection report of the Township because Defendants would not permit Plaintiff or her representatives or repairmen on to the premises. Any sub-standazd conditions of said premises were caused by Defendants. Consequently, Plaintiff has not breached any implied warranty of habitability. 32. Denied. On the contrary, Plaintiff has not breached any implied warranty of habitability for the reasons stated in Paragraph 31 of this Reply, which averments aze incorporated herein by reference. Any sub-standard conditions of the premises were caused by Defendants. The rent chazged for said premises of $650.00 per month is fair and reasonable and justified. 33. Denied. On the contrary any rent found to be due should not be offset by any rent previously paid by the Defendants for the reasons previously stated in the preceding Paragraphs of this Reply, which averments aze incorporated herein by reference. Furthermore, any sub- standard conditions of said premises were caused by Defendants. 34. Denied. On the contrary any rent found to be due should not be offset by any monies expended for the use of the premises by Defendants for the reasons stated in the preceding Paragraphs of this Answer, which averments aze incorporated herein by reference. Furthermore, any sub-standard conditions to the premises were caused by Defendants and not Plaintiff. 35. Denied. It is denied that as a result of said breach, Defendants do not owe Plaintiff any rent, have not defaulted under their lease, and are entitled to ongoing possession of the leased premises. Plaintiff has not breached any claimed warranty of habitability. Defendants do owe Plaintiff for unpaid rent, Defendants have defaulted under the lease and Defendants are not entitled to ongoing possession of the leased premises for the reasons stated in the preceding Paragraphs of this Reply, which averments are incorporated herein by reference. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Count I of Defendants' New Matter. 36. Admitted. 37. Denied. On the contrary it is denied that Plaintiff failed to make promised repairs at the inception of the lease and that Plaintiff received any complaints from Defendants and Plaintiff failed to respond to the Township's Inspection Report for the reasons stated in the preceding Paragraphs of this Reply, which averments are incorporated herein by reference. Consequently, Plaintiff has not violated Pennsylvania's Unfair and Deceptive Practices Act. 38. Denied. It is denied that in leasing to the Defendants, Plaintiff certified that the premises were standard (up to Code) when they were not, in violation of 73 P.S. § 201-2(4)(ii), (v), (vii). On the contrary, Defendants leased the premises in an "as is" condition under Paragraph 4(d) of said lease. Furthermore, Defendants agreed to correct Code violations to the premises under the provisions of the second paragraph of Paragraph 4 of said lease. Further, in leasing said premises, Plaintiff never certified that the premises were up to Code. Consequently, Plaintiff did not violate Title 73 Pa. C.S.A. §201-2(4)(xxi). WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Count II of Defendants' New Matter. PLAINTIFF'S ANSWER TO DEFENDANTS' COUNTERCLAIMS AND NOW, this 28~' day of June, 2007, comes Plaintiff Robin Sheetz Lytle, by her attorney, Peter B. Foster, Esquire, and answers Defendants' Counterclaims as follows: 40. Admitted. 41. Denied. On the contrary for the reasons stated in the foregoing Reply, it is denied that Plaintiff made promises to repair the premises, received any complaints from the Defendants and failed to respond to the Inspection Report by the Township. Said averments in Plaintiff's Reply are incorporated herein by reference. Consequently, Plaintiff has not breached any claimed implied warranty of habitability. 42. Denied. On the contrary, it is denied that Defendants have overpaid their rent in the total amount of $4900.00 for the reasons stated in the preceding averments of Plaintiff s Reply, which averments are incorporated herein by reference. Furthermore, it is denied that Defendants spent $500.00 for heating oil they could not use and incurred sewage repair bills in the amount of $179.00, with more expenditures anticipated. Plaintiff has no knowledge of the truth or falsity of said averment and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Count I of Defendants' Counterclaims. 43. Admitted. 44. Denied. On the contrary, Plaintiff made no promises to repair said premises and received no complaints from Defendants. Furthermore, Plaintiff did not fail to respond to the Township's Inspection Report because Defendants would not permit Plaintiff or her representatives or repairmen access to said premises. Consequently, Plaintiff has not violated Pennsylvania's Unfair and Deceptive Practices Act. 45. Denied. On the contrary it is denied that in leasing to the Defendants, Plaintiff certified that the premises were up to Code when they were not for the reasons stated in the preceding averments of Plaintiff's Reply, which averments are incorporated herein by reference. Consequently, Plaintiff did not violate Title 73 P.S. § 201-2(4)(ii), (v), (vii). 46. Denied. It is denied that Plaintiff intentionally misled the Defendants into leasing the premises by making promises to repair and failing to make repairs, in violation of 73 P.S. §201-2(4)(xxi). On the contrary Plaintiff made no promises to repair the premises to Defendants and did not fail to make repairs. Consequently, Plaintiff did not violate Title 73 P.S. §201- 2(4)(xxi). WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Count II of Defendants' Counterclaims. June 28, 2007 t'~ ~R Peter B. Foster, Esquire Attorney for Plaintiff Pinskey & Foster 114 South St. Harrisburg, PA 17101 717-234-9321 I.D. # 15357 VERIFICATION I, Peter B. Foster, attorney for Robin S. Lytle, herby sate that the statements made in the foregoing Reply and Answer are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. This Verification is made by the attorney for Plaintiff because Plaintiff is not immediately available to sign a Verification. Plaintiff will sign and file a replacement Verification in the immediate future. June 28, 2007 \ ~~-~., ~. Peter B. Foster CERTIFICATE OF SERVICE I hereby certify that on this date, June 28, 2007, I served a copy of the foregoing Reply and Answer on the Defendants by hand-delivering said copy to the attorney for Defendants, Geoffrey M. Biringer, Esquire, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. June 28, 2007 Peter B. Foster Attorney for Plaintiff ~` w ' ' .~.. ...~, r _.~ ~,i W ROBIN SHEETZ LYTLE, Plaintiff v. JOHN FIDLER and RACHELE FIDLER, husband and wife,: Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 07-2555 CIVIL TERM LANDLORD - TENANT ACTION ORDER OF COURT AND NOW, this 28th day of June, 2007, after hearing, the Defendant's motion to reinstate the supersedeas is granted on the condition that they deposit the sum of $4,446.00 with the .Prothonotary by Friday, July 6, 2007. This represents the $5,200.00 in rent due and owing through the month of July less the $754.00 expended for repairs to the premises. ter Foster, Esquire For the Plaintiff ~ffrey Biringer, Esquire For the Defendants Prothonotary- ~~~•.d - l,~c~.,~p r d J srs Edward E. Guido, J. ~t~,~~jit`rE ~t~ ~'~\~~V`°~ ~~~~``J~' : ' ~"'ir~; ;~ ~'~ ~C~I !~'~ 6Z ~~~' t~~Z ~~~~~~-~~1{3 ,~ r :~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA RpBIN SHEETZ LYTLE, 07-2555 Plaintiff CIVIL TERM v. JOHN FIDLER and RACHELE FIDLER, husband and wife, Defendants PETITION TO TERMINATE SUPERSEDERS Please terminate the supersedeas in the within action for failure of Appellants to pay $4,446 with the Prothonotary by July 6, 2007, as required by Judge Guido's order attached as Exibit "A". July 7, 2007. ~ g~~ Peter B. Forster, Esquire Attorney for Appellee Robin Lytle Pinskey & Foster 114 South Street Harrisburg, PA 17101 I.D. 1535 Upon confirmation of failure of Appellants to pay $4,446.00 with the Prothonotary by July 6, 2007, the supersedeas is terminated. P othonotary BY~~.ca ~. Deputy ~' ROBIN SHEETZ LYTLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0. 07-2555 CIVIL TERM JOHN FIDLER and RACHELE FIDLER, husband and wife,: Defendants LANDLORD - TENANT ACTION ORDER OF COURT AND NOW, this 28th day of June, 2007, after hearing, the Defendant's motion to reinstate the supersedeas is granted on the condition that they deposit the sum of $4,446.00 with the Prothonotary by Friday, July 6, 2007. This represents the $5,200.00 in rent due and owing through the month of July less the $754.00 expended for repairs to the premises. Pe r Foster, Esquire r the Plaintiff Geoffrey Biringer, Esquire For the Defendants Prothonotary srs Q _ ~~ A,~ Edward E. Guido, J. CERTIFICATE OF SERVICE I hereby certify that on this date, July 7, 2007, I served a copy of the foregoing Petition to Terminate Supersedeas on the Defendants by mailing said copy by first class mail at Harrisburg, PA., to the attorney for Defendants at the following address: Geoffrey M. Biringer, Esquire Mid Penn Legal Services 401 East Louther St., Ste. 103 Carlisle, PA 17013 July 7, 2007 ~~ Peter B. Foster, Esquire Attorney far Appellee ra v O _y ...~ ,_ , ~;. ~ -r-~i - ~ T -r) f~ -~ ~a .J! ~ ~