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HomeMy WebLinkAbout07-2556COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Oq 55j,0 1I'-,y; I Terrh 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. DD ESS OF PEL T CITY S NE ZIP CODE A OF JUD MENT I E OF ainr (Delendant)' e_V, oooooJo- 07 finis DIOCK WIII De signea ONLY wnen tnis notation is requirea unaer ra. It appenant was utaimant (see Va. M.L:.t-.u.,f. tv0. TUUT(D) in action R.C.P.D.J. No. 10088. 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 SUPERSEDEAS to the judgment for possession in this case. (20) days after riling the NOTICE of APPEAL. Signature of 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.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 e- A U appellee(s), to file a complaint in this appeal Name of (Common Pleas No. I I ?7? f? Ci V? L ) Within twenty (20) days afte service of rule or suffer entry of judgment of n pros. Signature of appetlan or a mey gent RULE: To 7Del-A ` : -appellee(s) Name ofappellee(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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. / /?? ?^ Date: 20,7 /S1 ifrl,(. 4"* R. fxno2 '49 F Sig ure of Prothonotary or Deputy 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 FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER tiling 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 Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (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 official before whom affidavit was made Title of official My commission expires on 20 Signature of afFant C ° -n iflt?: M T `- ` ' ry _- i t J l N -< COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-05 MDJ Name: Hon. MARE MARTIN Address: 507 N YORK ST MECEMICSBURG, PA Telephone: (7 17 ) 766-4575 17055 DIANN COCKRELL 5118 ERGS BRIDGE RD 11LECRANICSBURG, PA 17050 07- 015610 C 'M I Tian NOTICE OFCJIVDCCMENET/TRANSCRIPT PLAINTIFF: NAME and ADDRESS FRUTTER, DEB PO BOE, 113 MECgANICSBORG, PA 17055 L VS. DEFENDANT: NAME and ADDRESS FCOCERBLL, DIANN 5118 ER13S BRIDGE RD MECRANICSBURG, PA 17050 J L =Fileed:1/3 0-07 /12/07 THIS IS TO NOTIFY YOU THAT: 4 DEFAULT JUDGLLM PLT]r (Date of Judgment) Judgment: ® Judgment was entered for: (Name) NUTTER, DEB JJ ® Judgment was entered against: (Name) COCKS LL, DIANN in the amount of $ 2,813.0 2,725.00 Amount of Judgment $ 86 , 00 $ bb Defendants are jointly and severally liable. ?„udgest on Judgment $ ' Attorney Fees $--- '?? Damages will be assessed on Date & Time This case dismissed without prejudice. Total $ 2,813.00 i Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Post Judgment Credits $-------_ -- $ Post Judgment Costs $ Portion of Judgment for physical damages arising out of Certified Judgment Total $ residential lease $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE COME DISTRICT JUDGE. JUDGEMENT THHOLDER ELECTS TO ENTE THE JUDGMENT IN THE COURT OF PLEAS, ALL FURTHER E COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYMBE ISSUED BY THE MAGISTERIALC MAY JUDGMENT FROM STED IN THE FILE US THE JUDGMENT ENTRY OF SATISFACTION W THTHE MAGISTERIAL DISTRICT JUDGE IF T EEJUDGMENT DEBTOR PAYS N FULL, A REQUEST FOR SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Magisterial District Judge 0 Date I certify 4th this is a true and correct copy of the record of the proceedings containing the judgment. Magisterial District Judge Date 2012 SEAL My commission expires first Monday of January, AOPC 315-06 DATE PRINTED: 4/16/07 11:48:00 AN 'M` t p s `-o C o Q ca Irv ? iz 7?• -c fm -n F a zj .. xy -'-_ 27 t G lv'l1 In the Court of Common Pleas in Cumberland County, Pennsylvania Debi Nutter 130 W Main St Apt 3 Mechanicsburg, Pa, 17050 Plaintiff VS Diann Cockrell 5118 Erbs Bridge Rd Mechanicsburg, Pa, 17050 Defendant COMPLAINT I] The plaintiff Debi Nutter who resides at 130 W Main St. Apt 3 Mechanicsburg, Pa 21 The defendant Diann Cockrell who resides at 5118 Erbs Bridge Rd Mechanicsburg, Pa 3] Entered into a rental lease for the premises at 409 S. High St Apt 2 Mechanicsburg, Pa 4] The lease provided that the defendant would provide a stove and refrigerator. 5] On numerous occasions the stove failed to work. 6] When the stove failed to work the plaintiff contacted the defendant and advised her. 7] The defendant failed to make the necessary repairs to put the stove in working order 8] On numerous occasions the refrigerator stopped working properly. 9] The plaintiff contacted the defendant when the refrigerator stopped working properly. 10] The defendant failed to make the necessary repairs to put the refrigerator in working order. 11] Asa result of the failure of the stove to work properly the plaintiff was required to order prepared food at an increase in cost amounting to $1,620.00. C"? 0 : _ a.? n ?J BOROUGH OF MECHANICSBURG 36 West Allen St. MECHANICSBURG, PA 17055-6257 Telephone 717-691-3310 • Fax 717-691-3312 Noveulfi%Wfy;hMburgBorough.org Frank S. and Diann S. Cockrell 5118 Erbs Bridge Road Mechanicsburg, Pa 17050 RE: NOTICE OF VIOALTION Dear Mr. and Mrs. Cockrell: Jonathan S. Stough Borough Manager You are hereby notified that you are in violation of Sections 403.2, 603.1 and 605.2 of the 2003 International Property Maintenance Code adopted by the Borough. See attached copies of Sections 403.2, 603.1 and 605.2. Nature of Violation: A recent inspection of your rental property revealed that the refrigerator and stove in apartment #2 are not functioning properly, there are no GFI receptacles in the kitchen and bathroom and there is no exhaust fan in the bathroom. Location of Violation: 409 South High Street, Apartment #2, Mechanicsburg, Pa 17055, Tax Parcel # 16-24-0787-084. The following corrective measures must be taken immediately: Contact my office within five (5) days of the date of this letter to discuss remediation and a time frame for the remediation of the problems. The stove and refrigerator and stove need to be either repaired or replaced, GFI receptacles need to be installed in both the kitchen and bathroom and an exhaust fan needs to be installed in the bathroom. Violation Penalties: Any person, who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state and local laws. Each day the violation continues after due notice has been served shall be deemed a separate offense. Right to Appeal: Any person directly effected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals through the process outlined in Section 111 of the attached code. Right to File: Any action taken by the Borough of Mechanicsburg on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. Should you have any question or concerns regarding this information, please feel free to contact my office at 691-3315. My office hours are Monday and Wednesday from 8:30 a.m. to 4:30 p.m. and Tuesday, Thursday and Friday from 7:00 a.m. to 3:00 p.m. Thank you in advance for your prompt attention to this matter. Your immediate cooperation is greatly appreciated. Sincerely, all?6" Cliff Ressler Codes & Zoning Officer CR/th Enc. "fie gorou.gh of MeohCUAIcsbura? - A rloool place to live" ADMINISTRATION of repair as to be dangerous, unsafe, insanitary or otherwise un- fit for human habitation or occupancy, and such that it is unrea- sonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessa- tion of normal construction of any structure for a period of more than two years, to demolish and remove such structure. 110.2 Notices and orders. All notices and orders shall comply with Section 107. 1103 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and re- moved, either through an available public agency or by contract or arrangement with private persons, and the cost of such de- molition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 111.2.2 Chairman. The board shall annually select one of its members to serve as chairman. 111.2.3 Disqualification of member. A member shall not hear an appeal in which that member has a personal, profes- sional or financial interest. 111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all pro- ceedings in the office of the chief administrative officer. 111.2.5 Compensation of members. Compensation of members shall be determined by law. 111.3 Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings. 110.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other desig- nated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the re- port shall so state. SECTION 111 MEANS OF APPEAL 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true in- tent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately sat- isfied by other means. 111.2 Membership of board. The board of appeals shall con- sist of a minimum of three members who are qualified by expe- rience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be ap- pointed by the chief appointing authority, and shall serve stag- gered and overlapping terms. 111.2.1 Alternate members. The chief appointing author- ity shall appoint two or more alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board member- ship. 111.4 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representa- tive, the code official and any person whose interests are af- fected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds of the board member- ship. 111.4.1 Procedure. The board shall adopt and make avail- able to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 111.5 Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the appellant's represen- tative shall have the right to request a postponement of the hear- ing. 111.6 Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a ma- jority of the total number of appointed board members. 111.6.1 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official. 111.6.2 Administration. The code official shall take imme- diate action in accordance with the decision of the board. 111.7 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropri- ate court for a writ of certiorari to correct errors of law. Applica- tion for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. 111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforce- ment of the notice and order until the appeal is heard by the ap- peals board. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODED CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS SECTION 401 GENERAL sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. 401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. 401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compli- ance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any pre- mises that do not comply with the requirements of this chapter. 401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or me- chanical ventilation complying with the International Building Code shall be permitted. SECTION 402 LIGHT 402.1 Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the out- doors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served. 402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two- family dwellings, shall be lighted at all times with at least a 60- watt standard incandescent light bulb for each 200 square feet (19 mz) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress stairways shall be il- luminated at all times the building space served by the means of egress is occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads. 402.3 Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of SECTION 403 VENTILATION 403.1 Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the win- dow in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 mz). The ventilation open- ings to the outdoors shall be based on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habit- able spaces as required by Section 403. 1, except that a window shall not be required in such spaces equipped with a mechani- cal ventilation system. Air exhausted by a mechanical ventila- tion system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. 403.3 Cooking facilities. Unless approved through the certifi- cate of occupancy, cooking shall not be permitted in any room- ing unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormi- tory unit. Exception: Where specifically approved in writing by the code official. 403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local ex- haust ventilation system shall be provided to remove the con- taminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions. SECTION 404 OCCUPANCY LIMITATIONS 404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. 404.2 Minimum room widths. A habitable room, other than a kitchen, shall not be less than 7 feet (2134 mm) in any plan di- mension. Kitchens shall have a clear passageway of not less 2003 INTERNATIONAL PROPERTY MAINTENANCE CODED 13 CHAPTER6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equip- ment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter. [DATE] to [DATE] to maintain a temperature ofnot less than 65°F (18°C) during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vig- orous physical activities. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room tempera- ture of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 651F (18°C) shall be maintained. 6023 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or im- plied, to furnish heat to the occupants thereof shall supply heat during the period from [DATE] to [DATE] to maintain a tempera- ture of not less than 68°F (20°C) in all habitable rooms, bath- rooms, and toilet rooms. Exceptions: When the outdoor temperature is below the winter outdoor design temperature for the locality, mainte- nance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. SECTION 603 MECHANICAL EQUIPMENT 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. 603.2 Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel-burning equipment and appliances which are labeled for unvented operation. 603.3 Clearances. All required clearances to combustible ma- terials shall be maintained. 603.4 Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation. 603.5 Combustion air. A supply of air for complete combus- tion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. 603.6 Energy conservation devices. Devices intended to re- duce fuel consumption by attachment to a fuel-burning appli- ance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION 604 ELECTRICAL FACILITIES 2. In areas where the average monthly temperature is 604.1 Facilities required. Every occupied building shall be above 30°F (-1°C) a minimum temperature of 65°F provided with an electrical system in compliance with the re- (18°C) shall be maintained. quirements of this section and Section 605. 602.4 Occupiable work spaces. Indoor occupiable work 604.2 Service. The size and usage of appliances and equipment spaces shall be supplied with heat during the period from shall serve as a basis for determining the need for additional fa- 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 17 MECHANICAL AND ELECTRICAL REQUIREMENTS cilities in accordance with the ICC Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single- phase electrical service having a rating of not less than 60 am- peres. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occu- pants 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 official shall require the defects to be cor- rected to eliminate the hazard. SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. All electrical equipment, wiring and appli- ances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Ev- ery laundry area shall contain at least one grounded-type recep- tacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit inter- rupter protection. 605.3 Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate prop- erly, and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter; or the certificate shall be available for public inspection in the office of the building operator. 606.2 Elevators. In buildings equipped with passenger eleva- tors, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. SECTION 607 DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of ob- structions and shall be capable of performing the required func- tion. 18 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE@ Mechanicsburg Main Post Office MECHANICSBURG, Pennsylvania 170553459 4134870055 -0094 05/16/2007 (800)275-8777 05:12:55 PM Sales Receipt Product Sale Unit Final Description Oty Price Price MECHANICSBURG PA 17050 $0.41 Zone-0 First-Class Letter 0.50 oz. Return Rcpt (Green Card) $2.15 Certified $2.65 Label #: 70070220000192079925 Issue PVI: $5.21 Forever 1 $8.20 Void Stamp Booklet Forever 1 $8.20 $8.20 Stamp Booklet Total: $13.41 Paid by: Cash $20.45 Change Due: -$7.04 Order stamps at USPS.com/shop or call 1-800-Stamp24. Go to USPS.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS. Bill#: 1000602700204 Clerk: 11 All sales final on stamps and postage. Refunds for guaranteed service% only. Thank you for your business, r- O Postage rv IT Certified Fee a C3 Retum ReoelPt Fee C3 (Endorsement Requred) 0 Restricted Delivery Fee O (Endorsement Required) ru Total Postage & Feel 0 enr o r- 0 Sireef, APt: No.: C3 or PO Box No. a c? C Q . --+ _ ? :? ?? .?` -??; = ? -: •;?? ?i t y_. , _ ?'? ? 4 T _ ? '"`^ ?« . DEBI NUTTER, V. Plaintiff DIANN COCKRELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-2556 CIVIL : CIVIL ACTION -LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendant, by her attorneys, Snelbaker & Brenneman, P. C., submits the following Preliminary Objections to Plaintiffs Complaint: BACKGROUND 1. Plaintiff Debi Nutter, pro se, on May 16, 2007 filed a Complaint in this action with the Prothonotary. 2. Plaintiff seeks, inter alia, damages of Defendant Diann Cockrell due to costs and expenses Plaintiff claims to have incurred in excess of $3,200 in ordering and paying for prepared food because a refrigerator and stove in the apartment Plaintiff leased from Defendant failed to work. 1. Failure to Conform to Rule of Court. 3. Paragraphs 1 and 2, above, are incorporated by reference herein. 4. A copy of the Complaint Plaintiff served on Defendant is attached hereto and incorporated by reference herein a "Exhibit A". 5. The Complaint served by Plaintiff fails to comply with Pa.R.C.P. 401(c) in that it was neither attested to by the Prothonotary or certified to be a true copy. 6. The Complaint filed and served by Plaintiff fails to comply with Pa.R.C.P. 1018 in LAW OFFICES I that the caption lacks the number and form of the action. SNELBAKER a BRENNEMAN, P.C. 7. The Complaint filed and served is in violation of Pa.R.C.P. 1018.1(a) in that it lacks a notice to defend. 8. Paragraph 13 of Plaintiffs Complaint makes reference to "Exhibit A attached"; however, no exhibit was served with the Complaint upon Defendant or otherwise. 9. Plaintiffs failure to attach Exhibit A is contrary to and in violation of Pa.R.C.P. 1019(i). 10. Plaintiff in Paragraph 3 of her Complaint alleges that "Entered into a rental lease for the premises" at 409 South High Street, Mechanicsburg. 11. Contrary to Pa.R.C.P. 1019(h) Plaintiff failed to specify if the lease was oral or written and if written, failed to attach a copy as required by Pa.R.C.P. 1019(i). 12. The Complaint fails to comply with Pa.R.C.P. 1021(c) in that it lacks a statement of the jurisdictional amount of arbitration. WHEREFORE, Defendant requests this Court to issue an Order striking Plaintiffs Complaint for failure to Comply with the rules of procedure set forth above. DEMURRER Il. Legal Insufficiency of Pleading. 13. Paragraphs 1 through 12, above, are incorporated by reference herein. 14. Plaintiff claims in Paragraph 4 of the Complaint that the lease provided that Defendant was to provide a stove and refrigerator. 15. Plaintiff claims damages on the basis that Defendant failed to make repairs to the stove and refrigerator. 16. Plaintiff failed to plead the basis, whether it is by lease covenant or otherwise, for LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Defendant to have the obligation to repair the stove and/or refrigerator. 2 17. Plaintiffs Complaint fails to state a claim upon which relief may be granted. WHEREFORE, Defendant requests this Court to dismiss Plaintiffs Complaint and enter in her favor or in the alternative, require Plaintiff to file a more specific pleading pursuant to Pa.R.C.P. 1028(i)(3). SNELBAKER & BRENNEMAN, P. C. BY. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: June 5, 2007 Attorneys for Defendant LAW OFFICES SNELBAKER & BRENNEMAN,f.C. In the Court of Common Pleas in Cumberland County, Pennsylvania Debi Nutter 130 W Main St Apt 3 Mechanicsburg, Pa, 17050 Plaintiff VS Diann Cockrell 5118 Erbs Bridge Rd Mechanicsburg, Pa, 17050 Defendant COMPLAINT 1 ] The plaintiff Debi Nutter who resides at 130 W Main St. Apt 3 Mechanicsburg, Pa 2] The defendant Diann Cockrell who resides at 5118 Erbs Bridge Rd Mechanicsburg, Pa 31 Entered into a rental lease for the premises at 409 S. High St Apt 2 Mechanicsburg, Pa 4] The lease provided that the defendant would provide a stove and refrigerator. 5] On numerous occasions the stove failed to work. 6] When the stove failed to work the plaintiff contacted the defendant and advised her. 7] The defendant failed to make the necessary repairs to put the stove in working order 8] On numerous occasions the refrigerator stopped working properly. 91 The plaintiff contacted the defendant when the refrigerator stopped working properly. 101 The defendant failed to make the necessary repairs to put the refrigerator in working order. 1 1 ] Asa result of the failure of the stove to work properly the plaintiff was required to order prepared food at an increase in cost amounting to $1,620.00. 12] As a result of the failure of the refrigerator to work properly the plaintiff had additional costs for food spoilage and the inability to have food available for eating thereby, requiring her to purchase prepared food at an increase cost amounting to $1,620.00. EXHIBIT A 13] On November 17, 2006 the plaintiff had the code inspector for the borough of Mechanicsburg, Pennsylvania, inspect the premises. Exhibit A attached. 14] Following the presentation of the inspector's report the defendant evicted the plaintiff. 15] The defendant's eviction was in retaliation for the plaintiff exercising her rights to live in and enjoy an inhabitable apartment. Wherefore the plaintiff requests judgment against the defendant in the amount of $3,240.00, plus interest costs, fees, and attorney's fees. c5 - CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Preliminary Objections to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Debi Nutter 130 W. Main Street, Apartment 3 Mechanicsburg, PA 17055 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Diann Cockrell Date: June 5, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 9 7 r7l i ?- c y .. ?J Cl PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEAJ.TH OF PENNSYLVANIA COUNTY OF .!,, 1 ?4 &L' ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common PleasQg?upon the District Justice designated therein on (date of service) 20 ? by personal rvice L12 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name)w ?U R on ??? 20 ? by personal service UT by (certified) (registered) mail, sender's receipt attached hereto77`- (SWOR ). FFIRMED)AN SUBSCRIBED BEFORE ME THI J D?AY^O^F Lln e 20 0 : . -Signature of official before whom affrdavit was ade ?.©forf5cial My covhmission expires on d4l1c, U ( 2009-. Now bra County f0alr?MM11?,N 9, 2008 r (14c) aoti? Signature ofa Kant n '" C' C cZ5 -i i ` . C` . GUMMUNWEALTM UP t1ENN,TLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL-` FROM , DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 07- ? ia t(1 I Tzrrrn 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. ,,NAME ,OF APPELLANT 'Il MAU. 01sl. NU. .? rvnmt yr? u.a. 1 f fit _ yt fC r t... ijt: rS CY XAtv , U PA A OF JUD MENT CJA OF intiln (Defendant i _ V5 I "/ A M •? ,, eJ :'.7??rk': G. /! 0. V- (.: 0 a ,0 0 ,? 0 - .07 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Do" wellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in a before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing 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 appeliee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of, non pros. Signature ofappaaint.ar ey , O&Wt RULE: To U 1 appellee(s) Name of appellee(s) (1) Yoq#M nbVHedr hat a rule is hereby entered upon you to file a complaint in this appeal within twenty ( Q? day aj el tl dat¢;of setofice: of this ru(a*&? JaW* *abpal service or by certified or registered mail. 4 ?. If you do not file -a co fplaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST y , The date of bervice of this rule if service was by mail is the date of the mailing. Date j . 20 Slg um of Prothonotary or Deputy Y014 MOT 1NCLR99-, bPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. 1.1.44 4 \4'A 4*e A.'F.+.±nw... AOPC 312-02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBI NUTTER, Plaintiff No. 2007-2556 CIVIL V. DIANN COCKRELL, Defendant CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Amended 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone Number 248-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar action dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escdta y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. aTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone Number 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBI NUTTER, V. DIANN COCKRELL, Plaintiff No. 2007-2556 CIVIL Defendant CIVIL ACTION - LAW AMENDED COMPLAINT .f, 1. Plaintiff, Debi Nutter, resides at 130 West Main Street, Apt. #3, Mechanicsburg, PA 17050. 2. Defendant, Diann Cockrell, resides at 5118 Erbs Bridge Road, Mechanicsburg, PA 17050. 3. In approximately 2005, Plaintiff and Defendant entered into a lease for the premises at 409 South High Street, Apt. 2, Mechanicsburg, PA 17050. The lease was in written form. However, Plaintiff has been unable to locate her copy of the lease. 4. At the time Plaintiff leased the premises, the leased premises included a stove and refrigerator that appeared to be in proper working order. 5. Upon moving into the premises, it was discovered that the stove and refrigerator were not in proper working order. More particularly, only one out of four of the burners on the stove worked and the oven was not working. The refrigerator was also discovered to be out of order, although it did cool at times. 6. The implied warranty of habitability under Pennsylvania law places the obligation to repair utilities, services, and appliances upon the landlord as failure to repair such things makes the premises unfit for the purpose for which they were intended. 7. Plaintiff contacted Defendant on numerous occasions to advise her that the stove/oven and refrigerator were in disrepair and requested that they be repaired. 8. The Defendant never denied that she had the obligation to repair the stove/oven and refrigerator, but failed to repair them. 9. As a result of Defendant's failure to repair the stove/oven and refrigerator, Plaintiff was unable to either store foods properly or to prepare foods on the leased premises. 10. As a result of Plaintiffs inability to utilize the stove/oven, she was required to order prepared food at an increased in cost amounting to $1,620.00. 11. As a result of the failure of the refrigerator to work properly, Plaintiff lost the value of food because of unanticipated food spoilage and had to purchase prepared food at an increased cost amounting to $1,620.00. 12. On November 17, 2006, the Plaintiff had the code inspector for the Borough of Mechanicsburg, PA, Cliff Ressler, inspect the premises. Mr. Ressler determined that the Defendant was in violation of the international Property Maintenance Code adopted by the Borough and issued a Notice of Violation. See Exhibit A. 13. Following the presentation of the inspector's report, the Defendant was constructively evicted from the premises in light of her wish to live in and enjoy an inhabitable apartment. 14. Defendant failed to maintain the premises in proper repair over a three years and caused Plaintiff to live in inappropriate living conditions, violating the implied warranty of habitability that is an integral part of every residential lease and in violation of Borough Code. 15. As a result of Defendant's failure to repair the inappropriate condition of the premises, Plaintiff inappropriately paid rent for the premises for three years and seeks reimbursement for a portion of such rents in the amount of $6,520, which amounts to a reduction of the rent for this period from $385 per month to $200 per month. WHEREFORE, Plaintiff requests judgment against Defendant in the amount of $9,760 plus interest, costs, fees and attorney's fees. This amount does not exceed the jurisdictional limit for compulsory arbitration. Edmund J. Berger Attorney I . D. #53407 Attorney for Plaintiff 2104 Market Street Camp Hill, PA 17011 Phone: 717-920-8900 Fax: 717-920-8901 E-Mail: tbergerCdtbergerlawfirm.net BOROUGH OF MECHANICSBURG 36 West Allen St. MECHANICSBURG, PA 17055-6257 Telephone 717-691-3310 • Fax 717-691-3312 N'6084?ef'- Iy;hMsburgBorough.org Frank S. and Diann S. Cockrell 5118 Erbs Bridge Road Mechanicsburg, Pa 17050 RE: NOTICE OF VIOALTION Dear Mr. and Mrs. Cockrell: Jonathan S. Stough Borough Manager You are hereby notified that you are in violation of Sections 403.2, 603.1 and 605.2 of the 2003 International Property Maintenance Code adopted by the Borough. See attached copies of Sections 403.2, 603.1 and 605.2. Nature of Violation: A recent inspection of your rental property revealed that the refrigerator and stove in apartment #2 are not functioning properly, there are no GFI receptacles in the kitchen and bathroom and there is no exhaust fan in the bathroom. Location of Violation: 409 South High Street, Apartment #2, Mechanicsburg, Pa 17055, Tax Parcel # 16-24-0787-084. The following corrective measures must be taken immediately: Contact my office within five (5) days of the date of this letter to discuss remediation and a time frame for the remediation of the problems. The stove and refrigerator and stove need to be either repaired or replaced, GFI receptacles need to be installed in both the kitchen and bathroom and an exhaust fan needs to be installed in the bathroom. Violation Penalties: Any person, who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state and local laws. Each day the violation continues after due notice has been served shall be deemed a separate offense. Right to Appeal: Any person directly effected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals through the process outlined in Section 111 of the attached code. Right to File: Any action taken by the Borough of Mechanicsburg on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. Should you have any question or concerns regarding this information, please feel free to contact my office at 691-3315. My office hours are Monday and Wednesday from 8:30 a.m. to 4:30 p.m. and Tuesday, Thursday and Friday from 7:00 a.m. to 3:00 p.m. Thank you in advance for your prompt attention to this matter. Your immediate cooperation is greatly appreciated. Sincerely, N14" Cliff Ressler Codes & Zoning Officer CR/th Enc. 6 ¢l :0 W1 91 PkJ 1 LC0Z A v + !i1ya i _ i ?d -3H1 ?O "TtAP 1?,AVAIAn]A 4 M1VN,)Af21AJ /1,Ckl/Y/2 - L1- nAnrl -nl n^o ?n 1 i??0" VERIFICATION I, Debi Nutter, affirm that I am the Plaintiff in this action and that the statements of fact made in the foregoing Amended 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. Cons. Stat. Ann. 4 4904 relating to unsworn falsification to authorities. Date: July 6, 2007 A L Debi Nutter CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing AMENDED COMPLAINT was served upon the defendants by First Class Mail, postage pre-paid, this 9d' day of July 2007, addressed as follows: Keith O. Brenneman Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 BERGER kXW FIRM, P Edmund J. Berger Attorney for Plaintiff Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 (717) 920-8900 -3 C'_. CT's i?". t ? .. t ?? ?? ?. ;?11 ?'x y (.y _ ?-^G t;;,i't 0. DEBI NUTTER, Plaintiff V. COCKRELL, Defendant TO: Debi Nutter, Plaintiff and Edmund J. Berger, Esquire 2104 Market Street Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-2556 CIVIL NOTICE TO PLEAD You are hereby notified that you have twenty (20) days in which to plead to the enclosed New Matter or a Default Judgment may be entered against you. SNELBAKER & BRENNEMAN, P. C. Date: August 10, 2007 By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Diann Cockrell LAW OFFICES SNEL13AKER & BRENNEMAN, P.C. a. DEFENDANT'S ANSWER WITH NEW MATTER Defendant Diann Cockrell, by her attorneys, Snelbaker & Brenneman, P.C., submits this NUTTER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-2556 CIVIL COCKRELL, Defendant Answer with New Matter to Plaintiff s Amended Complaint as follows: ANSWER 1. Admitted upon information and belief. 2. Admitted. 3. Admitted in part; denied in part. It is denied that Plaintiff in "approximately 2005" entered into a lease for the premises at 409 South High Street, Apartment 2, Mechanicsburg, Pennsylvania (the "Premises"). On the contrary, Plaintiff leased the Premises commencing in July 2004. It is admitted that the lease for the Premises was in writing; however, Defendant is presently unable to locate a copy of the lease. 4. Admitted in part; denied in part. It is admitted only that at commencement of the lease of the Premises by Plaintiff, there was a stove and refrigerator that to Defendant's knowledge, were in working order. It is denied that both the stove and refrigerator were provided to Plaintiff as part of the lease of the Premises. Plaintiff was specifically advised prior to the commencement of the lease that the stove was being provided as part of the lease, but the refrigerator was not part of the lease and that that a previous tenant had left the refrigerator, which Plaintiff could use, or not use, as Plaintiff decided. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 5. Denied. It is denied that upon Plaintiff moving into the Premises that the stove and efrigerator were not in proper working order. On the contrary, the stove was in proper working rder ......... supplied by the Defendant with the lease. The refrigerator, although believed to be in working order, was not supplied by Defendant as part of the lease and was not the responsibility of the Defendant. 6. Paragraph 6 of Plaintiffs Complaint contains a series of unwarranted conclusions of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d); therefore, same is deemed to be denied. By way of further response, it is denied that Defendant as the landlord is responsible for any appliance not supplied by Defendant in accordance with the parties' lease. 7. Denied. It is denied that Plaintiff contacted Defendant on numerous occasions to advise Defendant that the stove, oven and/or refrigerator were in disrepair and requested that they be repaired. On the contrary, Defendant was contacted one time by Plaintiff at the end of October 2006 by telephone at which time Plaintiff advised Defendant that the stove and refrigerator were not working. Defendant responded by advising Plaintiff that Defendant would take care of the stove, but the refrigerator was not included in the lease for the reasons already -xplained to Plaintiff prior the commencement of the lease. 8. Denied. It is denied that Defendant never denied that she had the obligation to repair :he stove, oven and/or refrigerator. On the contrary, Defendant specifically advised Plaintiff that ;he had no obligation with respect to the refrigerator since the refrigerator was not supplied to ?laintiff as part of the lease but had been left in the apartment unit by a previous tenant. It is urther denied that Defendant should have to repair the stove for the reasons set forth in New flatter, the averments of which are incorporated herein. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2 . 9. Denied. It is denied that Defendant had any obligation to repair the refrigerator in the mises. Accordingly, it is denied that Plaintiff was unable to either store foods properly or to )are foods in the leased Premises. By way of further answer, Defendant attempted to have stove repaired after learning of problems with the stove at the end of October 2006, but such ,rts were interfered with by Plaintiff. 10. Denied. It is denied that Plaintiff was required to order prepared food at an increased st of $1,620.00 as an alleged result of her inability to use the stove or oven. 11. It is denied that Plaintiff lost the value of food because of unanticipated food and had to purchase prepared food at an increased cost of $1,620.00. 12. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the averments that Plaintiff had the codes inspector for the of Mechanicsburg inspect the Premises on November 17, 2006. The correspondence attached to Plaintiffs Amended Complaint as "Exhibit A", being in writing speaks, for itself, accordingly, Plaintiffs characterization of the contents of Exhibit A are specifically denied. 13. Denied. It is denied that following the presentation of any report that Plaintiff was constructively evicted from the Premises. On the contrary, Plaintiff was given written notice by Defendant to vacate the Premises by December 15, 2006, which written notice was given to Plaintiff at least thirty days prior to December 15, 2006 which would be before the date of Exhibit A and the alleged inspection of the Premises. 14. Denied. It is denied that Defendant failed to maintain the Premises in proper repair. Accordingly, it is denied that any action by Defendant caused Plaintiff to live in inappropriate living conditions. The remaining allegations of Paragraph 14 of Plaintiffs Amended Complaint LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 3 G7 unwarranted conclusions of law to which no response is required by this party; therefore, are deemed to be denied pursuant to Pa.R.C.P. 1029(d). 15. Denied. Paragraph 15 of Plaintiffs Amended Complaint contain unwarranted of law to which no response is required by this party; therefore, same are deemed to denied pursuant to Pa.R.C.P. 1029(d). To the extent a response is necessary, it is denied that is entitled either to seek or obtain reimbursement of the rents she claimed. WHEREFORE, Defendant requests Plaintiffs Amended Complaint to be dismissed and judgment entered in favor of the Defendant. NEW MATTER 16. Plaintiffs Complaint fails to set forth any claim or cause of action upon which relief be granted. 17. Plaintiff was specifically advised prior to her commencement of the lease of the Premises that the refrigerator was not being provided by Defendant as part of the lease and that it had been left by a previous tenant. 18. The first and only time Defendant heard from Plaintiff concerning any alleged condition involving the stove and refrigerator was at the end of October 2006. 19. Upon being informed by Plaintiff by telephone of a problem with the stove and refrigerator, Defendant advised Plaintiff that Defendant would take care of repairing or replacing the stove, but that the refrigerator was not included in the lease. 20. Defendant made arrangements to have the stove checked and measured for purposes LAW OFFICES SNELEIAKER 8C BRENNEMAN, P.C. of replacement; however, Plaintiff refused to cooperate in allowing the stove to be checked and/or replaced. 4 21. Defendant provided to Plaintiff notice to vacate the Premises by December 15, 2006 writing. The written notice provided to Plaintiff was provided by Defendant at least thirty prior to December 15, 2006. 22. The written notice directing Plaintiff to vacate the Premises was provided to Plaintiff -e any inspection of the Premises by the Borough of Mechanicsburg and prior to Defendant ing that Plaintiff made any complaint to the Borough of Mechanicsburg. 23. Plaintiff was notified to vacate the Premises because she was causing problems the other tenants. 24. Plaintiff has failed to mitigate her alleged losses or damages. WHEREFORE, Defendant requests Plaintiff s Amended Complaint to be dismissed and entered in favor of the Defendant. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: August 10, 2007 Attorneys for Defendant Diann Cockrell LAW OFFICES SNEL13AKER & BRENNEMAN, P.C. 5 VERIFICATION I verify that the statements made in the foregoing Answer With New Matter are true and I understand that false statements herein are made subject to the penalties of 18 Pa-C.5. ection 4904 relating to unsworn falsification to authorities. r iann Cockrell August 10, 2007 LAW OFFICES .SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Answer With New Matter be served upon the and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Edmund J. Berger, Esquire 2104 Market Street Camp Hill, PA 17011 By: August 10, 2007 SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Diann Cockrell LAW OFFICES SNELBAKER & BRENNEMAN. P.C. rS?- ? C f C:l ??' t I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBI NUTTER, Plaintiff No. 2007-2556 CIVIL V. DIANN COCKRELL, Defendant CIVIL ACTION - LAW REPLY TO NEW MATTER 16. Denied. Plaintiff's Complaint adequately sets forth a cause of action upon which relief may be granted. 4.7. Denied. To the contrary, prior to the commencement of the lease, Plaintiff was advised by Defendant's maintenance personnel - Patrick Henry - that a refrigerator would be provided. No statement was ever made at such time by Defendant or any of her agents or representatives that Plaintiff was responsible for the upkeep of the refrigerator or that it was not included in the lease. 18. Denied. Plaintiff contacted Defendant on numerous occasions concerning the problems with the stove and refrigerator. Plaintiff also spoke to a relative of Defendant's - Bob Cockrell - on a number of occasions concerning these problems and requested that he convey Plaintiff's concerns to Defendant. 19. Denied. It is denied that such a conversation ever occurred. 1 1 ??i , 20. Plaintiff: is without sufficient information to determine whether Defendant made any arrangements regarding the stove. However, it is specifically denied that Plaintiff refused to cooperate in allowing the stove to be checked and/or replaced. To the contrary, neither Defendant or any agent or representative ever contacted Plaintiff for this purpose. 21. It is admitted that Plaintiff received a Notice to Vacate. It is denied that the Notice to Vacate was given to Plaintiff at least thirty days prior to December 15, 2006. Z,2. Denied. 23. Denied. Plaintiff never caused any problems with other tenants. Plaintiff is without sufficient information to determine the reason why Defendant sent the notice to vacate. 24. Denied. Short of purchasing a new stove and refrigerator for the unit, Plaintiff did what she could to mitigate the harm caused by the dysfunctional units. Her damages would be significantly greater had she not done so. 2 WHEREFORE, Defendant's New Matter should be dismissed and judgment entered in favor of Plaintiff. n .. Edmund J. Berger 1 Attorney I.D. #53407 Attorney for Plaintiff 2104 Market Street Camp Hill, PA 17011 Phone: 717-920-8900 Fax: 717-920-8901 E-Mail: tbemergbberoerleMfirm.net 3 VERIFICATION 1, Debi Nutter, affirm that I am the Plaintiff in this action and that the statements of fact made in the foregoing Reply to New Matter 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 J1 Pa, Cans. 9a& Am. 4904 relating to unworn falsification to authorities. Date: August 29, 2007 ?)? W ?---?-" Debi Nutter CERTITICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing REPLY TO NEW MATTER was served upon the Defendant by First Class Mail, postage pre-paid, this 29m day of August 2007, addressed as follows: Keith O. Brenneman Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 BERG FIRM, P.C. Edmund J. Berger Attorney for Plaintiff Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 (717) 920-8900 C? v C i -n c5 C . DEBI NUTTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2556 30c DIANN COCKRELL, Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Keith 0. Brenneman , counsel for the ptlMMldefendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 9,760.00 The counterclaim of the defendant in the action is none The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Edmund J. Berger, Keith 0. Brenneman and Richard C. Snelbaker WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Date: April 22, 2008 Res ly submitted, Keith 0. Brenneman ORDER OF COURT AND NOW, .200 , in consideration of the foregoing petition, Esq., and Esq., and captioned action (or actions) as prayed for. Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY ?."? ?_ (;• `u '? r ; ? _" - ? ; ? , 3 w? ? .?- .__ .? -' C 7 DEB I NUTTER, In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No. 2007 -_2 5 5 6 DIANN COCKRELL Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office Law Firm igna Jeffrey N..Yoffe: Name Law Firm 214 Senate Avenue Signature Esquire Barbara Zimmerman, Name Esquire 4 North Hanover Street Suite 404 Address Address Carl J Sl e 1701 1 rArap H; 1 1 17011 City, zip city, Zip Law Firm 355 North 21st Street Suite 203 Address ramp Rill 17011 City, Zip ?!! '$ /30(01 13686 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (No e: If damages for delay are awarded, they shall be separately sta c a,r- d. o_ Q,J. P1?v.+ o n?d?.a Ann n Cc , Z J v`; . Arbitrator, dissents. (Insert name if applicable. Date of Hearing: ?_? ? ( 0 W Date of Award: a (,, Q Notice Brouj'9A' t ?_. u i r e(Chairman) . m?nerman, Esquire iara A. Z( ? of Award Now, the day of Jl-SW _, 2OjC) , at 0'.27 &.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ - ?-Sy- av By: Prothonotary Deputy J I IIlfl C7 _ Q I I I I I I I Iti, Name (Chairman) Esquire C` ?p N ? O C.s a -. J T ` V TIP -4