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Home My WebLink About07-3315-COMKONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 67 " 3 31 S Ala' l 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. Sknq IF, 4Ser 10 q - / -01 1 CVvfhs 4. Clexieri+. ^""• ?.f.. I AII / lip, WUG 2 ?5 Del 8oaal .*'o h; Jf 7 71? DV/ /0?1 '06 / I SIA .??r? , vs -V/-4.irar.?I.LYVI?/h l ?i+,AIMA L vA+ o7 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. Svriatme of Protha witty or Deputy No. 1001(6) in action 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 S '3' appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. b ?' 3 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. f 01. Signature of Appellant or attorney or agent RULE: To ?j• ?? ? , appellees) Name of appellee(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: ?tArt t , 20 (? S Lam'-"'v lAe a ? Sign ure o P ary 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 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 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 affiant Signature of official before whom affidavit was made Title of official My commission expires on -20 , s07? -S t, '411'4V 83:or wV s- bnr roo? AbViojl j,tq i C?dd ?Hl ?0 ???=Q331(d --COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TONNE COMMONS -SUITE 3 NEW CUM111ERLAND, PA Telephone: (717 ) 774-5989 17070 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rEISER, SHERRY E 2251 ORCHARD ROAD CAMP HILL, PA 17011 L VS. DEFENDANT: NAME and ADDRESS rSTRANDBERG, SUSAN 1200 NORTH 7TH ST (WORK ADDRESS) LHARRISBURG, PA J SHERRY E. RISER 2251 ORCHARD ROAD Docket No.: LT-0000189-07 CAMP HILL, PA 17011 Date Filed: 5/04/07 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT ® Judgment was entered for: (Name) STRANDBERG, SUSAN J Judgment was entered against RISER, SHERRY E in a ® Landlord/Tenant action in the amount of $ .00 on 6/05/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 525, 00. The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ Less • Security Deposit Applied = Rent in Arrears $ .00-$ .00= Physical Damages Leasehold Property $ .00-$ .06= Damages/Unjust 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. ? Possession granted if money judgment ® Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total I I $ Adjudicated Amount .00 $ .00 $ .00 $ .00 $ _00 $ _00 $ .00 $ _00 $ .00 ? 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 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 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 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 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. JUN - 5 2007 Date u?A" ( . 2k - , Magisterial District Judge certify that t is is a true an correct copy o the record o the proceedings containing the Judgment. Date , Magisterial District Judge M commission expires first Monday of January, 2008. SEAL wa f,Y no V?hblivu-'?id 3- 34 -COMMONWEALTH OF PENNSYLVANIA rni WITV nF• CUMERLAW Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TOME COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS [STRANDBERG, SUSAN J ? 3444 LOUISA LAME MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS rRISER, SHERRY E 2251 ORCHARD ROAD CAMP HILL, PA 17011 L J SHERRY E. KISER 2251 ORCHARD ROAD Docket No.: LT-0000189-07 CAMP HILL, PA 17011 Date Filed: 5/16/07 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) STRAMBERG, SUSAN J Judgment was entered against KISER, SHERRY E in a ® Landlord/Tenant action in the amount of $ .00 on 0/00/00 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ Less • Security Deposit Applied = Rent in Arrears $ .00-$ .00= Physical Damages Leasehold Property $ . 00 - $ .00= Damages/Unjust Detention $ _ 06, - $ _ 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. ? Possession granted if money judgment ? Possession not granted. Total Judgment Adjudicated Amount $ .00 $ .00 $ _00 $ .00 $ _00 $ _00 $ .00 $ _00 $ 2455.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? 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 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 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 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 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. JUN - 5 2007Date q , Magisterial District Judge certify that this is a true an -correct copy o the record o the proce rags containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, SEAL U :01 WV 9- Nnr LOOZ Adtfl&d HJ C' NI A0 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: B. Mc-eived by (nted Name) C. Date of Delivery D. Is delivery address different from i m 1? ? Yes If YES, enter delivery address below: ? No SKa ii T, raAd h - 3 )-0(6x4 Goan y 77 Gd mi-ocPJ."1 b14 , P? P7 ICS F t ?- : 3. ice Type rf - C= _zR a rnz 71 rA3Vertifiedl Mail ? Express Mail T W 1 a ? Registered ? Return Receipt for Merchandise _ c_t ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes ~} ? co C7 r-n 2. Article Number (Transfer from service labe 7 0 0 6 [11[10 - 0 0 0 0 3487 8189 -- I PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER riling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF C_u?fj" ; ss AFFIDAVIT' I hereby (swear) (affirm) that I served yu a copy of the Notice of Appeal, Common Please 336pon the District Justice designated therein on (date of service) 20 0 ? by personal service a by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , 5NAdAM on ?J-Lthe 2007 ? by personal service ?[ by (certified) (registers mail, sender's receipt attached hereto. (SWORN) (AFFIRMED)A SUBSCRIBED BEFORE ME THUS _ 13f'?- DAY OF , 2X_j- Sign-arrre of official before whom affidavit was made rite of official My commission expires on 20 ®? NOTAFN SEALL CLAUDIA A. BREWBAKER, NOTARY PUSIX Carlisle 80% Cumb"M County My COMMMbn Expires AprN 4, 2008 67? Signature of aff+ant U.S . Post al Ser vice , '. CE RTIFI ED MAIL ,,., REC EIPT (Do mestic M ail Only , No Ins urance C overage Provided) r - cc m t2.b5 1); ?' \ i PostmarJ $2,15 0 Hers<.. t<I).Q11 ? 0% ° $5.21 06 Total Postage & Fees ° ent To ° Street, . No.: ---• - ez-1 ----...- •-•----•---•-• or PO Box No. ?! I ._._.7 -- • 51!5.. - ... ° °° - ° City, State, ZIP+4 PSI kk r- Instructions Postage 1 $ C3 ° Certified Fee C3 C3 Return Receipt Fee (Endorsement Required) C3 C3 Restricted Delivery Fee rq (Endorsement Required) COMMONWEALTH OF PENN5YLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 67 - 3 31 S- C la. 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 gJAUELNT ?I ?•?r7t / ?? Z T.-. -o 9 `T l neh M/ its ' 1 , ? . .*J! e '?1P ADDRECV AVI /? ? ? o1,. ? d Pwod -CITY t (f nF L/ L 1 ! j? 5/ STypI ++ ° / 7&T DAT OF JUD MENT OF?lam1h1n^ f y Ird a prrut : cal- r Irk. 1(p 4, 5 ?d `r s pi(( >t= , ,Mist r° r" V8 A-, -lrsrd , r ~ v DOCKET Nd. SIG URE OF APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) 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 filing 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 S Uz-)An -J, 5f (dr er appellee(s), to file a complaint in this appeal Name of appellee(s) ,? (Common Pleas No. S ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. r_ f i Signature of appellant or attorney or agent RULE: To U?n?Yt(,LY appellee(s) Name of appellee(s) (1) Yo :Arq n6tified "t p rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this ruC upoti you by 061 [,service or by certified or registered mail. (2? . If you do not file a comppint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The dete of service of this c41e if service was by mail is the date of the mailing. Date: 7Uft it -S 2007 R Si u P or Deputy Y06*04T INIELtJ9E,,A,COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorneys for Plaintiff SHERRY E. KISER, Plaintiff VS. SUSAN J. STRANDBERG, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : NO. 07-3315-CIVIL : CIVIL ACTION-LAW COMPLAINT AND NOW, come the Plaintiff, Sherry E. Kiser, by her attorneys, Caldwell & Kearns, who file this Complaint, and in support thereof aver as follows: 1. The Plaintiff, Sherry E. Kiser, is an adult individual residing at 2251 Orchard Road, Camp Hill, PA 17011. 2. The Defendant, Susan J. Strandberg, is an adult individual residing at 3444 Louisa Lane, Mechanicsburg, PA 17050. 3. At all times material hereto, Plaintiff was the owner of property identified as 2249 Orchard Road, Camp Hill, PA 17011. 4. On or about January 29, 2007, Plaintiff and Defendant entered into a Residential Lease of 2249 Orchard Road, Camp Hill, PA 17011, with Plaintiff as Landlord and Defendant as Tenant. A true and correct copy of the Residential Lease is appended hereto as Exhibit A. 5. The term of the Residential Lease was from February 1, 2007, through July 31, 2007. 6. Defendant, as Tenant, was required to pay rent in the amount of $525 per month and paid a security deposit of $525. 7. Plaintiff, as Landlord, was responsible for supplying sewer and water utilities to Defendant. 8. Defendant, as Tenant, was responsible for paying electric and cable bills. 9. The electric bill for 2249 Orchard Road, Camp Hill, for the period February 8, 2007, through March 14, 2007, was $120.87. A true and correct copy of the bill provided by PPL Electric Utilities is appended hereto as Exhibit B. 10. Defendant has failed and refused to pay the electric bill for the period February 8, 2007, through March 14, 2007. 11. Defendant failed to pay the rent for April, 2007, on April 1, 2007, when it was due, and a check in the amount of $525, representing the rent due for April, 2007, was not received by Plaintiff until April 3, 2007. 12. Pursuant to Paragraph 11 of the Residential Lease, Plaintiff notified Defendant in writing of her default in failing to remit the rental payment in a timely manner and in failing to remit the amount due for the electric utility bill, but took no action to terminate the lease. 13. During the last week of April, 2007, Defendant removed furniture from 2249 Orchard Road. 2 14. Prior to vacating the premises, Defendant never provided 30-days' written notice of intent to terminate the Residential Lease as required under Paragraph 15 thereof, although a letter dated May 7, 2007, written by an out-of-state attorney on Defendant's behalf, may be construed as notice of intent to terminate the Residential Lease. 15. The electric bill for 2249 Orchard Road, Camp Hill, for the period March 14, 2007, through April 11, 2007, was $71.12. A true and correct copy of the bill provided by PPL Electric Utilities is appended hereto as Exhibit C. 16. Defendant has failed and refused to pay the electric bill for the period March 14, 2007, through April 11, 2007. 17. The electric bill for 2249 Orchard Road, Camp Hill, for the period April 11, 2007, through May 10, 2007, was $45.70. A true and correct copy of the bill provided by PPL Electric Utilities is appended hereto as Exhibit D. 18. Defendant has failed and refused to pay the electric bill for the period April 11, 2007, through May 10, 2007. 19. Defendant has failed and refused to pay the rent for the months of May, 2007, and June, 2007. COUNTI BREACH OF CONTRACT 20. Paragraphs 1 through 19, inclusive, are incorporated herein by reference as if set forth in full. 21. Defendant was required by the terms of the Residential Lease to pay $525 per month during the period that she resided at 2249 Orchard Road, Camp Hill. 3 22. Defendant was required by the terms of the Residential Lease to provide 30-days' written notice prior to termination of the Residential Lease. 23. Defendant has failed and refused to pay the rent due for the months of May and June, 2007, despite being in possession of 2249 Orchard Road, Camp Hill, under the terms of the Residential Lease for those periods. 24. Defendant was required by the terms of the Residential Lease to pay the amount due for the electric bill. 25. Defendant has failed and refused to pay the electric bill due for the periods: February 8, 2007, through March 14, 2007; March 14, 2007 through April 11, 2007; and April 11, 2007, through May 10, 2007. 26. Defendant's breach of the Residential Lease has caused damages to Plaintiff as follows: (a) in the amount of $1,050, representing the rent due for the months of May and June, 2007; and (b) in the amount of $237.69, representing the amount due for the electric bills for the periods February 8, 2007, through March 14, 2007, March 14, 2007 through April 11, 2007, and April 11, 2007, through May 10, 2007. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in her favor and against Defendant in the amount of $1,287.69, together with the costs of these proceedings and such other relief as this Honorable Court deems just and appropriate. 4 COUNT II UNJUST ENRICHMENT 27. Paragraphs 1 through 26, inclusive, are incorporated herein by reference as if set forth in full. 28. Plaintiff conferred on Defendant the benefits of a residence with utilities for the period of February 1, 2007, through June 30, 2007. 29. Defendant acknowledged her appreciation of the benefits conferred by Plaintiff through the execution of the Residential Lease. 30. Defendant accepted the benefits conferred by Plaintiff by residing at 2249 Orchard Road, Camp Hill, and/or by having control of the premises at 2249 Orchard Road between February 1, 2007, and June 30, 2007. 31. Defendant accepted the benefit conferred by Plaintiff by using and/or having control of the utilities associated with 2249 Orchard Road between February 8, 2007, and May 10, 2007. 32. Defendant has retained the benefits conferred by Plaintiff without paying the value of the benefits under circumstances that render such failure and refusal to pay unjust. 33. Defendant has been unjustly enriched as follows: (a) in the amount of $1,050, representing the rent due for the months of May and June, 2007; and (b) in the amount of $237.69, representing the amount due for the electric bills for the periods February 8, 2007, through March 14, 2007, March 14, 2007 through April 11, 2007, and April 11, 2007 through May 10, 2007. 5 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in her favor and against Defendant in the amount of $1,287.69, together with the costs of these proceedings, and such other relief as this Honorable Court deems just and appropriate. Date: J Lta t- 14( 200 7 Respectfully submitted, P. Daniel Altland Attorney I.D. # 25438 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff 6 VERIFICATION I, Sherry E. Kiser, verify that the averments in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. c Date: LO By: 961)A F- El" "I Sherry V iser 7 ?) I JUN-C7-2007 THU 04:21 PM AES/PHEAA Guaranty Svcs FAX NO, 7177203215 RESIDENTIAL LEASE P. 14 This Lease is made on --4 . between Landlord, of 7 --_ , City of 60d' state of ! L? and J?h ?l Tcnant,of._qq /tail City of _? State of A0451A 111M P31 i . The Landlord agrees to rent to the Tenant and the Tenant agrees to rent from the Landlord the following residence- 2. The term of this Lease will be from , until J s 3. The rental payments wi11 be per month and will be payable by tha'llenant.to the Landlord on the Ml day of each month, beginning on i,-0- 7/ ! 4. The Tenant has paid the Landlord a security deposit of $ c??.This security deposit will be held as security for the repair of any, damages to the residence by the'1'enant. `T'his deposit will be returned to tht Tenant within ten (10) days of the termination of this Lease, minus any amounts needed to repair the residence, but without interest, except as required by the Laws of the State of ;42?nl yfdj l V 5. The Tenant has paid th,. Landlord an additional month's rent in the amount of $ This rent security deposit will be held as security for the payment of rent by the Tenant. This rent security deposit will be returned to the Tenant within ten (10) days of the to mation of this Lease, minas any irnt still due upon termination, but without interest, except as required by the Laws of the State of -- 6. The Tenant has inspected the residence and has found it satisfactory. Tenant agrees to maintain the residence and the surrounding outside area in a clean and sanitary manner and not to make any alterations to the residence without the Landlord's written consent. At the termination of this Lease;, the Tcnant agrees to leave the residence in the same condition as when it was received, except for normal wear and tear. 7. Tenant also agrees not to conduct any type of business in the residence, nor store or use any dan erous or hazardous materials. Tenant agrees that the residence is to be used only as a single family residence, with a maximum of tenants. Tenant also agrees to comply with all riles, laws, and ordinances affecting the residence, including all applicable provisions of the Laws of the State of Tenant agrees that no pets or other animals are allowed in the residence without the written permission of the Landlord. 8, The Landlord agree,% to supply the following utilities to the Tenant, 5!?UjC Y d n4 ua?Or- 9. The Tenant agrees to obtain and pay for the following utilities: 10. The Tenant agrees not to sub-let the residence or assign this Lease without the Landlord's written consent. Tenant agrees to allow the Landlord reasonable access to the residence for inspection and repair. Landlord agrees to enter the residence only after notifying the Tenant in advance, except in an emergency. I i . If the Tenant fails to pay the rent on time or violates any other terms of this Lease, the Landlord will provide written notice of the violation or default. If the violation or,default is not corrected, the Landlord will have the right to terminate this lease in accordance with state law. The Landlord will" have the right tore-enter the residence and take possession of it and to take advantage of any other legal remedies available including under all applicable provisions of the Laws of the State of Y'G1Jl[dLYd _ 12. If the Tenant remains as tenant after the expiration of this Lease without signing a new lease., it month-to-month tenancy will be created with the same terms and conditions as this Lease, except that such new tenancy may be terminated by thirty (30) days written notice from either the Tenant or the Landlord. JUN-11-2007 MON 09:21 AM AES/PHEAA Guaranty Svcs FAX NO. 7177203915 ^2 J 13. As required by law, the Landlord makes the following statement: "Radon bas is a naturally-Occurring radioactive gas that, when accumu- lated in sufficient quantities in a building, may present health risks to persons exposed to it. Levels of radon gas that exceed federal and state guidelines have been found in buildings in this state. Additional information regarding radon gas and radon gas testing may be obtained from your county health depararnent." 14. As required by law, the Landlord makes the following LEAD WARNING STATE1v11~:NT; "Every purchaser or lessee of any interest in rest- dential,real property on which a residcntiu) dwelling was built prior to 1978 is notified that such property may present expo are to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce pcrmd- rent neurological dantag,., including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular threat to pregnant women. The seller of any interest in residential mal estate is required to provide the bu VCT with any information on lead-based paint hazards from risk assessments or inspection in the seller's poxsrssion and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible Ivad-based paint hazards is recommended prim' to purchas " LANDLORD'S DISCLOSURE Presence of lead-basest paint and/or lead-based paint hazards: (Landlord to initial one). Known lead-based paint and/or lead-based paint hazards are, present in building (explain), <M:AL Landlord has no knowledge of lead-based paint and/or lead-bused paint haztuds in building, RECORDS AND REPORTS AVA1LABLE TO LANDLORD: (landlord to initial one). Landlord has provided Tenant with all available records and reports pertaining to lead-based paint and/or lead•bascd paint hazards that e present in bud3ding (list documents). S aadlord has no records and reports pertaining to lead based paint and/or lead-haled paint hazards in building. TENANT'S ACKNowl-EDGMENT (Tenant to initial all applicable). _ Tenant. has received copies of all information listed above. ?.?,o p - Tenant has received the publication "protect Your Family from Lead in Your Home." Ap, ?'t W114 C7t r*- ,fp l ! zrl .? - Tenant has received a 10-day opportunity (or mutually-agreed on period) to conduct a risk assessment or inspection for the presence of lead-based paint amd/orlead-based paint hazards in building. Tenant has waived the opportunity to conduct a risk. assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards in building. The Landlord and Tenant have reviewed the information above and certify, by their signatures at the end of this Lease, to the best of their knowledge, that the information they have provided is into and accurate. 15. This Lease may only be terminated by ySQ days written notice from either party. 16. The following are additional terms of this Lease: 17. The parties agree that this.leasc is the entire agreement between them and that no terms of this Lease may be changed except by written agreement of both parties. This Lease is intended to comply with any and all applicable laws relating to landlord and tenant relationships in the State of d???Jr? ?_ . This Lease-bi ds and benefits both the Landlord and Tenant and any successors, representatives, or assigns, This Lease is governed by the laws oft Stn of G _ Notice to C:affornia Resident: The California Department of Juktice, shefif *r deparntlent3> police depaiTIUMS serving jurisdictions of 2M),000 or man: and many other local law enforcement authorities maintain for public wo.,,s a darn bays of the hx;atiuns of perunis required to regi ter punu:mt to paa:tgraph ( ) ) of subdivision (a) of Section'290A of the Penal Code. The data base 6 updated on a quarterly basis And a source of information -About the prrscncc of tho f. indi- vidualS in any neightrruhood, Tile Dep' trient of Justice also maintains a Sex Mender Identification Line through which inquiries uN,ut individwdh nnay be muds. This is ;n "W" telephone service. Callers must have eptwifrc inf irmaTion about individuals tlw..y ara chinking. Information regarding neip-hhorhoodt, o' not availaible Through the '9W" telephone service. ?-? r o Tle.pa t JUN-07-2007 THU 04:22 PM AES/PHEAA Guaranty Svcs FAX NO. 7177203915 PPC.,Electrit lectrIc Servi*ce Fox: -SFWARY:E'KISBA 224§:ORC IARD'0. GAR] APT 0WP HILL PA 17011 ?R?0B•;?lOgt 61?I1291 'p1PJ89t1.' cautact us by.Apr_ 4 . ar i-sao;?ll 57.7 . or write.to:. aastower service 827 KaOs' man R& Allentown, PA 18104-9392 WWQV.PPldactiie.Com ?`:•"'•:•. Page 1 PP Summary Page Balance as of Mar 14, 2007 CIU s: TOa PL ELECTRIC UTILITIES Charges Total Charge,: Account Balance S' 1 b, nee",-e.. the on Electric use 42 This graph shows 35 yc+ttr electric use 28 over the last 13 mundts. 21 s Of t k di e ar ea ngs: 14 Ar,uml 7 Estimated 0 A?stomur ? P, 15 .` .ti. 03290-76057 $ 0-lb $ 120.87 a 1 LU.a I decfk VJ) 1-9 KWH - Average Per Day Meter Reading our rrszsaiy 14 Mar 14 Actual 2779: eb $ 4ll d - -243 KW a s e Average - Mar 2006 2007 Te pcraCure W 't% 35F 30F K 11 P y 38 38 Yearly Use: Total Averal Use Mouth Apr 2005 - Mar 2006 7435 6: Apr 2006 - Mar 2007 8684 7; Other important information on back Return this part to address below with a check payable to PPL Electric Utilities Corporation 03290-76057 Apr 4, 2007 S 120.87 AV 01 017636 71422B109 A-16DGT Amount Enclosed - _ 225 CLHARD RD P F1 I F1F----l I-? 11 L. CAMP HILL PA 17011-7442 P*PL ELECTRIC ITT LITIES 2 NORTH 9TH STRF,ET RPC-Gl-NN 1 ALLEN1'OWN PA 18101-1175 Iwll?nrl?l,??n?ll+.,Illurl,hr?i?u??r?rl?lr?nulll„rll 1 5300001208730000120874 0329076057 MAMIIASUNllJHM 2006 Months 2007 I ? ELAl 1111 -? -7 1? ' JUN-07-2007 THU 04:22 PM AES/PHEAA Guaranty Svcs F PPL F:16twtrec Futilities Electric Service •YY I .4 r ` . PPI Summary Page 132"Ce as of Apr 11, 2007 FAX NO. 7177203915 Page 1 03290-76057 For Sri1?YErUsm a APL EfjECT'RIC UTILITIES chain 2.449 ORCr;. CS 1 / Apr Total Chargex CAMP;MLL PA 1770,1 Account Balance awm': about coat b M`ayy 2. at 1.800:5a.5775 .. (1-800=DIAL-PPL) or Wr#e to; Char Service 827 Hausttmn Rd. Allentown, PA 18104-9392 vvurw-pplelectric.com Electric Use This mph shows your electric use Over the last 13 mouths. Awe: of Ater Resditngs. Actiml ft 3.stimsted Customer 42 KWH - Average Per bay 35 28 21 14 7 0 Meter Reading Lformatio¦ A p al rl8arx)al 7792 Average - Apr Te ,store KWPar Day Yemy rise; May 2005 - Apr 2006 May 2006 - Apr 2007 2006 2007 46F 45P 27 25 Total 9 Avers ° 76 7 641 8589 716 - -- Return s s Ui -------- importsent ?tp?9rw -- -------- : rt to a below ; Pa ddr?-ss with a check payable -`-------------- -.-___ 'OA to PPI, - ' ectrtc Utrlities C;o --------- _ rporation 03290-76057 :... :.:::.. :.: L__!Ily 2, 2007 Alf 01 018723 801509102 A**SDGT SHEKR•Y E MSER Amount Enclosed 2251 O&CHARD RD CAMP (i1Ll, PA 17011-7442 IL 1 PPL ELECTRIC LITILI'l-IES 2 NORTFr 9tH STREF T R'C'-CyENl41 ALI.F.NFOWN PA 18101-1175 971.12 $0.00 S71.12 $71-12 P. 18 1 780000071,1280000071124 0329076057 06 I J ASOND r FMA 20 Months 2007 JUN-07-2007 THU 04:22 PM AES/PHEAA Guaranty Svcs FAX NO. 7177203915 .•??...,:?: - page I P 77- . , • 03290-76057 a f • , E)ecC ` Summary Wage :SeCe Balance as of May 10, 2007 $ 71.12 Por C es: ToPL ELECTRIC UTILITIES Charges $ 45.70 SEi?R?"B?Iast ... . 2z4900iM M B RD,:GAR/.Alt Total Charges S116,82 GAiNP!`E1y1;G 7A.17(111. -- --- - - ---- ---- Account Balance $ 116.82 ?(. esdbas ?llroat '.. ;; t6ie1:bill7 please . . contact, his l 31` t1 0 4 . a or wlr[te.to Ctrutowar Service 927 Haasman ltd: Alteintoyvn;, PA 18.404-9392 W W W.PplelactnC.cotn Electric KWH - Average Per Day Meter Beading latwmadm d7 use e t This graph shows 35 your electric use 28 over the. last 13 months. 21 ?r?,pes of 14leter Readings: 14 Actxxal 7 Estimated 0 Customer R Q May 10 Actual Average - May K P r Day 'Wra Yearly Use: Jun 2005 - May 2006 Jun 2006 - May 2007 f` d a58F 25 Total Use 8040 8228 28884 28488 2007 54F 14 AveF67 Mo 686 Other important information on back ? Return this patt to address below with a check payable to PPL Electric Utilities Corporation 03290-76057 Mxy 31, 2007 $ I 16.82 AV 01 009586 892968 54 A"5DGr SWULky E ICISER 2251 ORCPARD &D CAMP HILL PA 17011-7442 I??dlie„ill?e??„Ifee,Tile,?feiuhh?lulslddue?llLi?li Amount Enctosed ????C? PPL ELECTFIC UTILITIES 2 NORTH 9TH STREET RPC-GENN 1 ALLENTOWN PA 18101-1175 P. 22 1 3300001168230000116824 0329076057 MJJASONDIFMAM 2006 Months 2007 CERTIFICATE OF SERVICE AND NOW, thisday of 2007, 1 hereby certify that I have served a copy of the Complaint on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Susan J. Strandberg 3444 Louisa Lane Mechanicsburg, PA 17050 CALDWELL & KEARNS By: 05374/118676 8 h.) ? `? _ _ J _ ? ? _ •? "T v i :..`/ ?.. ? ?. ?? :;iTl ?...?f • ? r 1 ?, -?? ?? -G /-IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY E. KISER, Plaintiff/Defendant No. 2007 - 3315 CIVIL V. Civil Action - Law SUSAN J. STRANDBERG, Defendant/Plaintiff 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, 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 LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan ma's adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dial despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. 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 CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at 717-240-6100. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY E. KISER, Plaintiff/Defendant No. 2007 - 3315 CIVIL V. Civil Action - Law SUSAN J. STRANDBERG, Defendant/Plaintiff PLAINTIFF'S COMPLAINT and ANSWER TO DEFENDANT'S UNTIMELY COMPLAINT PLAINTIFF'S COMPLAINT AND NOW, comes Plaintiff, Susan Strandberg, by and through her attorney, Suzanne Spencer Abel, Esq., who respectfully avers as follows pursuant to Defendant's appeal from the 50District Justice decision in favor of Plaintiff: 1. The Plaintiff is Susan Strandberg, an adult individual residing at 3444 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Sherry Kiser, an adult individual residing at 2251 Orchard Road, Camp Hill, Cumberland County, Pennsylvania. 3. On or about the middle of January 2007, Defendant responded to a notice on a bulletin board at work advertising a one bedroom apartment for rent. Knowing that the landlord identified in the ad was a member of management, Plaintiff trusted Defendant's representations about her property to be truthful. 4. On or about January 29, 2007, Defendant and Plaintiff entered into a 6 month Residential Lease for the property identified as 2249 Orchard Road, Camp Hill, PA, to run from February 1, 2007 through July 31, 2007. A true and correct copy of the Residential Lease is attached as Exhibit A. 5. Pursuant to the terms of the lease, Plaintiff immediately paid Defendant the $525 security deposit and $525 February rent when the residential lease was executed. 6. Further pursuant to the terms of the lease, Defendant was responsible for providing water and sewer utilizes to the apartment. 7. Also pursuant to the terms of the lease, Plaintiff was responsible for paying the electric and cable bills. 8. The subject property includes two apartments and one garage: one apartment was occupied by Ms. Strandberg and her roommate, Mr. Robert Anderson, the other occupied by Landlord's sister and husband; the garage was used by Landlord and her boyfriend. COUNT 1- BREACH OF CONTRACT 9. Paragraphs 1 through 8 are incorporated herein by reference. 10. By the terms of the lease, Plaintiff was required to pay one month's security deposit and the first month's rent upon executing the lease. 11. Plaintiff paid her security deposit and first month's rent in full on January 29, 2007, when the lease was executed. 12. By the terms of the lease, Defendant was required to deliver possession of the property to Plaintiff on February 1, 2007. 13. By the terms of the lease, Defendant was further required to provide water service to the property. 14. On February 1, 2007, the water pipes were frozen. As a result, the property had no water service. 15. Defendant made no effort to remedy the frozen pipe problem so that Plaintiff was prevented from taking possession of the property under the terms of the lease. 16. Defendant failed to deliver possession of the property until February 10, 2007. 17. Defendant's failure to deliver the property in accord with the terms of the lease constituted a material breach of the lease. 18. Defendant and Plaintiff's roommate, Mr. Robert Anderson, negotiated a collateral agreement whereby Mr. Anderson would remedy the frozen pipes and perform other maintenance as needed, and Defendant would pay the monthly electric bill for the property. 19. By the terms of the lease, Plaintiff was required to pay the electric and cable utility bills. Plaintiff contacted the electric company and the cable company to have services put in her name. 20. The electric company advised Plaintiff that it was unable to transfer service billing because the owner of the property refused to authorize the transfer. The cable company advised Plaintiff that it was unable to connect service because the owner refused to permit the installation of services to that apartment. 21. Defendant's refusal to permit the utilities to be connected and transferred into Plaintiff s name prevented Plaintiff from performing her contractural duties. 22. Defendant's actions that prevented Plaintiff from performing her contractural duties pursuant to the parties' lease constituted a material breach of the lease. 23. Defendant's breach of the residential lease has caused damages to Plaintiff as follows: a. $2100.00 for the $525 security deposit plus $525 per month for February, March and April 2007; b. $441.63 for repairs and moving costs incurred incidental to Defendant's breach. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant in the amount of $2541.63, together with the costs of these proceedings, and such other relief as this Honorable Court deems just and appropriate. COUNT 2 - BREACH OF IMPLIED WARRANTY OF HABITABILITY 24. Paragraphs 1 through 23 are incorporated herein by reference. 25. Plaintiff was unable to take possession of the identified property until February 10, 2007, because Defendant refused to timely remedy the frozen water pipes. 26. After the electric company advised Plaintiff that service could not be transferred into her name at the property owner's instructions, Plaintiff called Defendant for an explanation. Defendant told Plaintiff that Plaintiff would have to pay Defendant for the electric bill and that she would not authorize the service transfer. 27. After the cable company advised Plaintiff that service was not available at her address pursuant to the owner's instructions, Plaintiff called Defendant for an explanation. Defendant told Plaintiff to misrepresent her address to the cable company and use Defendant's home address to secure service as Defendant did not want any record that she was renting the property. 28. On or about April 19, 2007, Plaintiff learned that cable service was authorized for the adjoining apartment occupied by Landlord's sister when Plaintiff saw the cable company truck and employee servicing the other apartment, even as Plaintiff was unable to obtain cable service because Defendant refused to authorize the service. 29. Plaintiff learned soon after moving in that there was no trash service at her apartment. Defendant instructed Plaintiff to deposit her trash several blocks away each week. 30. Plaintiff also learned soon after moving in that there was no postal service delivery for her apartment. Plaintiff subsequently learned that her mail was deposited into Defendant's sister's mailbox when Defendant's brother-in-law delivered over a week's worth of mail in a bag one evening. 31. Plaintiff immediately reported the problem to Defendant who refused to address the problem by installing a mailbox for Plaintiff. 32. Mr. Anderson contacted the local post office where he learned that postal law prohibits two residences from sharing one mailbox unless both heads of households agree in writing to share a mailbox, and file the agreement with the local post office. Plaintiff never executed any such agreement. 33. The week Plaintiff surrendered possession of the premises, more than 11 weeks after executing the residential lease, Defendant finally installed a mailbox for the apartment. 34. Subsequent to taking possession of the property, the water pipes once again froze, again resulting in no water service to the property. Plaintiff notified Defendant of the recurrent problem. 35. Defendant instructed Mr. Anderson to again remedy the frozen pipe and lack of water problem. While thawing out the water pipes, Mr. Anderson discovered that the building had no insulation between the interior dry wall and the exterior siding, thus ensuring that frozen pipes and interrupted water service will continue to be an ongoing problem at the property. 36. Plaintiff discussed the lack of insulation with Plaintiff who refused to address the problem. Plaintiff also advised Defendant that the water that came out of the taps was frequently cloudy, tasted bitter, and smelled foul, rendering it unfit to drink or cook. The water caused Ms. Strandberg's cooking utensils to corrode, and forced Ms. Strandberg to go to her daughter's house to shower. Landlord advised Ms. Strandberg that "well water is like that sometimes." 37. Landlord advised Ms. Strandberg that "well water is like that sometimes," and specifically refuse to have the well water tested for potability. 38. The nature and kind of defects, including but not limited to the persistent interruption of water service, lack of potable water, inability to transfer electric service into her name as required by the lease, inability to obtain cable services specifically provided for in the lease, and inability to timely receive mail combined to prevent the use of the property for its intended purpose of human habitation. 39. Defendant's actions and inactions that directly caused and perpetuated the material defects rendering the property unfit for its intended purpose of human habitation constituted a material breach of the implied warranty of habitability. 40. Defendant's breach of the implied warranty of habitability has caused damages to Plaintiff as follows: a. $2100.00 for the $525.00 security deposit plus $525.00 per month for February, March and April 2007; b. $441.63 for repairs and moving costs incurred incidental to Defendant's breach. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant in the amount of $2541.63, together with the costs of these proceedings, and such other relief as this Honorable Court deems just and appropriate. COUNT 3 - UNFAIR TRADE PRACTICES 41. Paragraphs 1 through 40 are incorporated herein by reference. 42. On or about February 20, 2007, while parked at Plaintiff's residence, Plaintiff's daughter's car sustained $1800 in damages due to a hit and run. When reported to Lower Allen Township police department, Plaintiff was advised that the police had no idea the road or apartments existed. 43. Defendant subsequently appeared at Plaintiffs residence and berated Plaintiff and Mr. Anderson for calling the police, and thus alerting officials to the existence of the apartments. 44. Plaintiff contacted John Eby, Lower Allen Township's Building and Zoning Coordinator to inquire about getting the well water tested. 45. Mr. Eby advised Plaintiff that Defendant had engaged in 8+ years of protracted litigation regarding the apartments because the property was nit built with the permits required by local ordinances. Mr. Eby further advised Plaintiff that the township had granted Defendant a variance to permit Defendant's father to live in the building, and that the property was not zoned for rental units. 46. Defendant's brother-in-law advised Mr. Anderson that Defendant's father never occupied the building, and that Defendant's sister and brother-in-law had resided there since its construction. 47. Defendant knowingly and intentionally rented a property in direct violation of the township variance received after years of protracted litigation. 48. Defendant failed to disclose to Plaintiff that Defendant lacked the legal authority to lease the apartment to Plaintiff. Defendant's actions and inactions relating to her unwillingness to ensure Plaintiff received basic utilities and services were planned to circumvent Defendant's lack of authority to lease the apartment to anyone, including Plaintiff. 49. Defendant's refusal and failure to provide basic utilities and services constituted fraudulent concealment of material facts relevant to the residential lease, in violation of the Unfair Trade Practices Act (UTPA). 50. Defendant's knowing and intentional fraudulent concealment of material facts supports an award of treble damages, as provided for by the UTPA. 51. Defendant's violation of the UTPA has caused damages to Plaintiff as follows: a. $2100.00 for the $525 security deposit plus $525 per month for February, March and April 2007; b. $441.63 for moving costs incurred incidental to Defendant's breach; and c. Reasonable attorney's fees as deemed appropriate by the Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant in the amount of $7624.89 as treble damages, together with the costs of these proceedings and reasonable attorney's fees, and such other relief as this Honorable Court deems just and appropriate. ANSWER TO DEFENDANT'S UNTIMELY COMPLAINT AND NOW, comes Defendant, Susan Strandberg, by and through her attorney, Suzanne Spencer Abel, Esq. respectfully answers as follows: Admitted. 2. Admitted. 3. Denied. Defendant is without sufficient knowledge to admit or deny this allegation. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. The invoice proffered as Exhibit B specifies a service address of "2249 Orchard Rd, Gar/Apt". The subject property includes two apartments and one garage: one apartment was occupied by Ms. Strandberg, the other occupied by Landlord's sister and husband; the garage was used by Landlord and her boyfriend. Ms. Strandberg was unable to ascertain whether the bill was for common areas, her apartment, the other apartment with a garage, or the entire building. 10. Denied. Ms. Strandberg believed the bill, if it was solely for her apartment, was resolved by a collateral agreement Landlord negotiated with Ms. Strandberg's roommate, Robert Anderson. When Ms. Strandberg discussed the proffered bill with Landlord, Landlord confirmed that the invoice was resolved by the collateral agreement, and then told Ms. Strandberg that Landlord was responsible for the electric bills, per that agreement. 11. Admitted. 12. Admitted. 13. Admitted that Ms. Strandberg and Mr. Anderson surrendered possession of the subject property on April 29, 2007. 14. Admitted that Ms. Strandberg elected to surrender possession of the premises, the uninhabitable nature of which resulted in Landlord's breach of the lease contract. Therefore, no notice of intent to terminate was required. 15. Denied. See ¶ 9 above. 16. Denied. Landlord has never provided Ms. Strandberg with any electric bill except the one proffered as Exhibit B. Ms. Strandberg has had no notice that any bills attributable solely to her apartment were owing. Ms. Strandberg did not fail or refuse to pay any bill of which she had no knowledge. 17. Denied. See ¶9 above. 18. Denied. See ¶16 above. 19. Denied. The property's deficiencies, and Landlord's inability or unwillingness to remedy the deficiencies rendered the premises uninhabitable. Landlord's actions and inactions resulted in the unresolved and continuing uninhabitable status constituting an unremitting breach of Landlord's implied warranty of inhabitability. Once Landlord breached the contract, Ms. Strandberg had no ongoing legal obligation to perform on that contract. Nevertheless, Ms. Strandberg provided the 30 day notice of her intent to terminate to Landlord by letter dated April 15, 2007. A true and correct copy of the letter is attached as Exhibit B. 20. No response required. 21. Admitted. 22. Admitted. 23. Denied. See ¶19 above. 24. Admitted. 25. Denied. See 1110, 16 & 18 above. 26. (a) Denied. Strict proof demanded. (b) Denied. Strict proof demanded. 27. No response required. 28. Denied. Strict proof demanded. 29. Denied. Strict proof demanded. 30. Denied that Ms. Strandberg received any benefit from Landlord. Admitted that Ms. Strandberg resided at 2249 Orchard Road, Camp Hill, Pennsylvania from February 10, 2007 through April 29, 2007. Landlord was unable to deliver possession of the property until February 10, even though Ms. Strandberg paid for possession beginning February 1, 2007, because the pipes were frozen and the property had no water service. 31. Denied. Specifically, Ms. Strandberg was unable to obtain cable service because Landlord refused to authorize the service, even though service was authorized for the adjoining apartment occupied by Landlord's sister. Ms. Strandberg learned from the tenant who occupied her apartment immediately before her that the only way to get utility services was to use the Landlord's address and misrepresent the location where services were to be received. Ms. Strandberg learned soon after moving in that there was no trash service at her apartment. Landlord instructed Ms. Strandberg to deposit her trash several blocks away each week. Ms. Strandberg also learned soon after moving in that there was no postal service delivery for her apartment. Ms. Strandberg later learned that her mail was deposited into Landlord's sister's mailbox when Landlord's brother-in-law delivered over a week's worth of mail in a bag one evening. The water that came out of the taps was frequently cloudy, tasted bitter, and smelled foul, rendering it unfit to drink or cook. The water caused Ms. Strandberg's cooking utensils to corrode, and forced Ms. Strandberg to go to her daughter's house to shower. Landlord advised Ms. Strandberg that "well water is like that sometimes." 32. Denied. Strict proof demanded. 33. (a) Denied. Strict proof demanded. (b) Denied. Strict proof demanded. Wherefore, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Defendant as to both counts of Defendant's Untimely Complaint. Respectfully submitted, Neuharth Law Offices *Se Spence Abel, Esquire 02443 Neuharth Law Offices P.O. Box 359 Chambersburg, PA 17201 Phone: (717) 264-2939 Fax: (717) 263-2928 RESIDENTIAL LEASE This Lease is made on , between SW44 &'r / ! /Z5f ` , Landlord, of City of 7 , State of LO?and Tenant, of City of _,??}?„? ,State of 1. The Landlord agrees to rent m the Tenant 4nd the Tenant agrees to rent from the Landlord the following residence: 2. The tarn of this Lease will be from Qo7. 3. The rental payments will be S fi,-?--? r"-"-' fer.m day ontland will be-payable-by-the 1nan.to the Landlord on •the __, of each month. beginning on P:?_ObfUaVtA -7 j 4501 4. The Tenant has paid the Landlord a security deposit of _,?W _5P This security deposit will be held as security for the repair of any damages to the residence by the'renant. `T'his deposit will be returned to the Tenant within ten (10) days of the termination of this Lease, minus any amounts needed to repair the residence, but without interest, except as required by the Laws of the State of l1 n. S, The Tcnant has paid the Landlord an additional month's rent in the amount of $ This rent reeurity dtposit will be held as security for the payment of rent by the Tenant..This rent security deposit will be returned to the Tenant within ton (10) days of the tc ination of this Lease, minus any front still due, upon termination, but without interest, except as required by the Laws of the State of ti. The Tenant hat inspected the residence and has found it satisfactory. Tenant agrees to maintain the residence and the surrounding outside area in a clean and sanitary manner and not to make any alterations to the residence without the Landlord's written consent. At the termination of this Lease, the Tenant agrees to leave the residence in the some condition as when it was received, except for normal wear and tear. 7. Tenant also agrees not -to conduct any type of business in the rmidence, nor store or use any dan emus or hazardous materials. Tenant agrees that the residence is to be used only as a single family residence, with a maximum of tenants. Tenant also agrees to comply With all rules, laws, and ordinances affecting the residence, Including all applicable provisions of the Laws of the State of ha: ? . Tenant agrees that no pets or other animals arc allowed in the residence without the written permission of tit: Landlord. 8. The Landlord agrees to supply the following utilities to the Tenant: dh/? ?fdoj,? and 9. The Tenant agrees to obtain and y for the following utilities: cables 10. The Tenant agrees not to sub-let the residence or assign this Lease without the Landlord's written consent. Tenant agrees to allow the Landlord reasonable access to the residence for. inspection and repair. Landlord agrees to enter the residence only after notifying the Tenant in advance, except in an emergency. 11. If the Tenant fails to pay the runt on time or violates any other terms of this Lease, the Landlord will provide written notice of the violation or default. If the violation ondefault is not corrected, the l.Andlord will have the right to terminate this lease in accordance with state law. The Landlord will also have the right to r:-enter the residence and take possession of it and to take advantage of any other legal remedies available including under all applicable provisions of the Laws of the State of - 12. If the Tenant remains as tenant after the expiration of this Lease without signing a new )case, a month-to-month tenancy will be created with the samo terms and conditions as this Lease, except that such new tenancy maybe terminated by thirty (30) days written notice from either the Tenant or the Undlord. 13. As required by law, ttte Landlord makes the following statement: "Radon gas is a naturally-occurring radioactive. gat that, when accumu- lated in sufficient quantities in a building, may present health risks to persons exposed to it. Levels of radon gas that exceed federal and state guidelines have been found In buildings in this state. Additional information regarding radon gas and radon gas testing may be obtained from your county health department:' 14. As required by law, the Landlord makes the following LEAD WARNING STATEMEW: -Every purchaser or lessee of any interest in resi- dential •real property on which a residential dwelling was built prior to 1978 Is notified that such property may present exposure to lead from lead-based paint that may plate young children at risk of developing lead poisoning. Lead poisoning in young children may produce perma- nent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular threat to pregnant women. The seller of any Interest in residential real estate is required to provide the buyer with any information on lead-based paint hazards from risk ussessntcttts or inspection in the seller's poaseatsion and notify the buyer or any known lead-based paint harardx. A risk assessment or Inspection for possible lettrl-haled paint hazards is recommended prior to purchase." LANDLORD'S DISCLOSURE Presence of lead-based paint and/or lead-based paint hazards: (Landlord to initial one). Known lead-based paint and/or lead-based paint hazards art present in building (explain), Landlord has no Irnowledgc of lead based paint and/or lead breed paint haztutls in building. RECORDS ANA Ri-PO'RTS AVAI ABLB To LANDLORD: (Landlord to initial one). Landlord has provided Tenant with all available records and reports pertaining to lead-based paint and/or lead•bascd paint hazards that 4,a e present in building (list documents). ndlord has no records and report., pertaining to lead-based paint and/or lead-based paint hazards in building. TENANT'S ACKNnWI'.EDGMENT ('renatu to initial all applictibhe). 'tenant has received copies of 211 Information listed above, , Tenant has received the publication "Protect Your Family from lead in Your Home." ip'J `h7a? t.?u l f d c f 1p . Tenant has rcccived a 10-day opportunity (or mutually-agreed on period) to conduct a risk assessment or inspection for the presence of Lead-based paint and/or lead-based paint hazards in building. _ Tenant has waived the opportunity to conduct a risk assessment or inspection for the presence: of lead-based paint and/or lead-based paint hazards in building. The Landlord and Tenant have reviewed the information above and certify, by their signatures at the end of this Lease, to the best of their knowledge, that the information they have provided is true and accurate. 15, This Lease may only be terminated by Is Q_ days written notice from either party. 16. The following are additional corms of this Lease: 17. The parties agree that this.lease is the-entire agreement between them and that no terms of this Lease may bo changed except by written agreement of both parties. Thus Least is intended to Comply with any and all applicable laws relating to landlord and tenant relationships in the State. of - _1Q,.Q . This Yeas ads andy ?benefits both the Landlord and Tenant and any suct;essors, representatives, or assigns, This Lease is governed by the laws oft Stnt OftJl? .i:::t!.''2' ?'?? ii ; o:•, ..Sr,.yj..,... r 2'• ':Z .. :, e.•,:0).. • Sabgsiliire of tar ibrd' T•• a . - .. rM a d : rd.:'. _ ?: Patna- isf' Notice to ratifomia Itesidcrnts: The California Department of Justice, nhorift"s departments, police departments serving jurisdictions or 20n.000 or meet: And many other locul law enforeemenr authorities maintain tear public occ"s u data bam of the t atiops of pe ins required to register pumuant to paragraph (1) nt• subdivision (a) of,5ec0on 290,4 of the Penal Code. The data base is updated on agtruterly busis and a source of information ahaut the pns.'tence of these Indi- viduals in any neighborhood. The Department of Justice also maintains a Sox COcrider Identification Line through which inquiries utx+ut individuals may be etude. This is i "90U" trbsphone service. Callers must have spoviGr information about Individuals Uiey aro chcckinA. tnforoution re[purding nri fihhnrh(Xxjs; is nnt avallable through (lie "900" telephone service. ?'x?err A Sherry E. Kiser 2251 Orchard Road Camp Hill, PA 17011 April 15, 2007 Susan I Strandberg Robert M. Anderson 2249 Orchard Road Camp Hill, PA 17011 Dear Ms. Kiser: I apologize for my rent check submission being presented on April 3, 2007. As you are aware, I had out of town guests visiting and with all that commotion I simply failed to realize the date. I would question as to why you did not simply ask me for my check on either Saturday, March 31, 2007 when you were in my apartment or on Monday, April the 2nd when you came to my residence to hang on my door an electric bill instead of your phoning Robert Anderson late in the evening on April 2nd, 2007, in a harassing manner? As I stated to you previously, I was not told that I would be expected to share a U. S. mail box with the tenants upstairs (whom obtained and held my mail in their home for several days) nor that my agreement to obtain electric for my personal use would later be impeded by your decision to keep this service in your name, but that also I would be required to pay for electric service which is necessary to operate the water pump for all tenants to be supplied water as well as electric use in a garage that I have not leased. Let me remind you that for the first 2 weeks of February, despite the fact that I had presented you with the rent monies :for that month, the water pipes in the kitchen were frozen and remained in that condition until you hired Robert Anderson to correct that problem, along with other needed repairs to your building. Apparently you intended to compensate Mr. Anderson according to what you decided was an appropriate amount which was not the agreement, however, when you did state to Mr. Anderson that you would provide the electric for the month of February in exchange for his services, he agreed. When on Monday, April the 2nd you came to our door and hung an electric bill for the month of February we were rather taken aback. After several phone. conversations between you, I, and or Mr. Anderson concerning this matter, you had then left me a voice message where you state that you "agree to disagree with Mr. Anderson however there was a cost differential between Mr. Anderson's service bill and the electric in the amount of $5.87 to which you would like paid. You are welcome to hear your message replayed for verification. Yet On Saturday, April 14, 2007, I received your letter demanding $12-0.00 payment, once again, for electric service for the month of February? Q EW*17- For your information, on Tuesday, February 27, 2007, just one week after my daughter's car received $1800 damage due to a hit and run incident on your property I was awakened by four police officers pounding on my door at 5:45 a.m. looking for your sister. When my daughter was informed by her insurance provider that she must contact the police department to investigate the hit and run incident that occurred on your property, you took it upon yourself to come to my door and harass me because you were unhappy about the police being present. This in addition to you, your sister and brother- in-law harassing my 27-year-old daughter who suffered a significant amount of damage done to her vehicle while in my possession and stored in my designated parking area within your property. May I also remind you that after obtaining personal information, references, and social security numbers belonging to both Mr. Anderson and I, it was you who had not prepared the lease causing me to'have to visit your work office to sign and obtain that lease. At that time you had informed me that for your convenience sake, due to Mr. Anderson being unable to be present in your office at that time of the signing, the only name you that day required on the lease was Strandberg's, but that most certainly you were fully aware that Mr. Anderson would be taking possession of the rental unit as well. You did not have any complaints or concerns when Mr. Anderson presented you with his own personal check for the March rent; however in your aforementioned letter of April 13, 2007, you complain that April's rent was delivered to you via "3rd party"? Per your statement, "I have verbally informed Robert M. Anderson Painting of Lancaster, Pa that no fin then alterations or repairs to the property located at 2249 Orchard Road are necessary or authorized" causes debate. I informed you on Saturday, March 31, 2007, while you and your boyfriend Steve where in my apartment, that the bathroom sink faucet is leaking, to which you responded with a shrug of your shoulders and the leaking faucet remains in the same condition as of that date and notification, that which causes the water pump to operate at expense. You state in your letter of April 13, 2007 that you "trust that we can resolve these issues amiably". However, you deceived us about your actual intent in return for rent monies from the onset, such as unbeknownst to us, the sharing of a U. S. mailbox with other tenants, the lack of adequate parking space, refuse removal several blocks away from our dwelling, as well as the true nature of your intent concerning how, and for whom, electric service would be obtained and paid for, among other things. You continue to change your mind at will, concerning those contractual as well as additional oral agreements. We conclude that written or otherwise, agreements with you have not and will not be sustained, nor did you ever intend to abide by the terms of your lease and or oral agreements. Additionally, we did have a reasonable expectation that the water provision stated in the lease would have been acceptable for use and consumption, which it is not, and as well, that we would be a#fbrded a reasonable state of quiet enjoyment which has not been our experience. Therefore, we are giving 30 days written notice of termination of the aforementioned lease. Gnu /?? Sincerely, Susan J. Strandberg Robert M. Anderson GAMbff 6 VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN J. STRANDBERG, Plaintiff No. 2007 -3315 CIVIL V. SHERRY E. KISER, Civil Action - Law Defendant CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Complaint and Defendant's Answer to Defendant's Untimely Complaint, I am this day serving a copy of same via certified, return receipt requested, First Class U.S. Mail, to the following Defendant: Sherry Kiser 2251 Orchard Road Camp Hill, PA 17011 Date: S //jig 1)0 14 . " 11 J4 S e Spen r Abel Ne h Law Offices 232 Lincoln Way East Chambersburg, PA 17201 Phone (717) 264-2939 N cyl C..? C rTl i, A,- ;•, A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN J. STRANDBERG, Plaintiff No. 2007 - 3315 CIVIL V. SHERRY E. KISER, Civil Action - Law Defendant CERTIFICATE OF SERVICE I, Suzanne Spencer Abel, Esquire hereby certify that a true and correct copy of the Complaint and Answer to Defendant's previously filed Complaint in the above-captioned matter was served on the following individual(s) via Certified, First Class U.S. mail, postage prepaid upon the Defendant as evidenced by the attached signature card evidencing receipt of the pleadings. Date: S z nne Spen r Abel, Esquire I o.202443 Neuharth Law Offices P.O. Box 359 Chambersburg, PA 17201 Phone: (717) 264-2939 Fax: (717) 263-2928 Postal ti CERTIFIED MAIL,I RECEIPT ru O l Provided) m n y; (Domestic C3 CO C3 Ln Postage $ 02 m o, Certified Fee MQ U N ?' Return Ret eipt Fee O (EMlorsement Requked) 12.15 Here ! !A O l Restricted DeWFee Endorsement Required) '??.QQ IV V w x r U riJ ( & Fees s(t.44 ,v A 12512007 Total Postage y Q to C Sh a -------------------- --- n--- - - - - ------------------------------ r ---- - --? :wo.; a PO Box No. 5.1.. r _ `?av C-cr- /A A -.W ..................... i '?% _ . . ¦ Complete ttefna i. 19 item 4 it Restricted Deihfery reverse M Print your named ? on to f so that we can of tto YOU, he mailpiece, ¦ Attach this card to the bads or on the front It space Permits. 1. Af" Addressed to. a-a5 ? ?chcv?d ? . PA 1-4-61 PS Form 3$""';`f6bruary 2004 0 No 11"V aflcfflw S. cWW" addmu below- vice Type beraW M911 0 Express Meii ? 0 Retum Receipt RegWhKW h?sured Maii ? C.O.D. - - .. _., ir.,..n FGAt ? Ye, 7004-2510 0003 5088 0322 Domestic Return Receipt ,o?saso2_en-,sao r..? c:- ??:-? -rt ?`? ` r ?. -?-, ??; `" ??? - ?.,? ?i ;..? F:\DOC S\PD\M I S\KISER, S HERBY-withdrawal&entry-praecipe SHERRY E. KISER, Plaintiff V. SUSAN J. STRANDBERG, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3315-CIVIL CIVIL ACTION - LAW PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE To the Prothonotary: Please withdraw my appearance on behalf of Sherry E. Kiser, the plaintiff in the above captioned matter. Date: J "`t l "I P. Daniel Altland Attorney for Plaintiff Please enter my appearance on behalf of Sherry E. Kiser, the plaintiff in the above captioned matter. Date; U -? 2a-L.- 717-774-7435 717-774-3869 (fax) fT'i -- ?? f -ccr C R7 J ? ' rn =r , pd\ans\kiserstrandbranswecntrrclm.7.26.07 STONE LAFAVER & SHEKLETSKI BY ELIZABETH B. STONE SUPREME CT. ID.#60251 414 BRIDGE STREET NEW CUMBERLAND, PA 17070 717-774-7435 ATTORNEY FOR PLAINTIFF KISER SHERRY E. KISER, Plaintiff/Defendant V. SUSAN J. STRANDBERG, Defendant/Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 -3315 CIVIL CIVIL ACTION - LAW PLAINTIFF KISER'S ANSWER TO DEFENDANT'S CROSSCLAIM AND NOW comes the Plaintiff, SHERRY E. KISER, by and through her attorneys, Stone LaFaver & Shekletski, and files this Answer to Defendant Strandberg's Cross-Claim, and avers the following: 1. Admitted. 2. Admitted. 3. Admitted in part and Denied in part. It is admitted that there was a notice posted on the bulletin board at Plaintiff's workplace. It is specifically denied that Kiser is in "management" or supervisory position over the Defendant. Plaintiff Kiser is employed as a Management Analyst and is in no way in a management or -1- supervisory position over Defendant Strandberg. By way of further answer, Plaintiff would have no idea as to Defendant's placement of trust on people. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. COUNT I - BREACH OF CONTRACT 9. Plaintiff's Kiser's answers to Paragraph 1 through 8t are incorporated by reference as if fully set forth herein. 10. Admitted. 11. Admitted. 12. Admitted in part and denied in part. It is admitted that the lease was to be effective on February 1, 2007, for a period of six months. It is denied that the Defendant was to move in on that date. By way of further answer, Defendant specifically wanted to delay her move until February 10, 2007. 13. Admitted. 14. Denied. By way of further answer, as a result of the Defendant wishing to delay her move into the apartment, the heat in the apartment was turned back. As a result of this, the kitchen sink pipe froze. Plaintiff immediately dealt with the frozen pipe and was -2- told by the worker to leave a heater on the pipe and to turn the heat up again which the Plaintiff did. Unbeknownst to the Plaintiff, the Defendant must have turned the heat back down again, evidently in an attempt to keep the electric bills down. 15. Denied. Plaintiff took immediate action to unfreeze the pipes. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylva- nia Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investiga- tion, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. 16. Denied. Plaintiff specifically avers that the Defendant was very specific in not wanting to move in to the apartment until February 10, 2007, due to her current obligations. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without -3- sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. 17. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 18. Denied. Plaintiff has no knowledge of any agreement that Defendant might have had with a third party person. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. -4- 19. Denied. It is specifically denied that the Defendant ever contacted the electric company to transfer the name of the service. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investiga- tion, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. 20. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 21. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable -5- Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 22. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 23. Denied. It is specifically denied that Defendant suffered any damages as a result of living in Plaintiff's apartment. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, -6- defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. WHEREFORE, Plaintiff Kiser respectfully requests this Honorable Court to dismiss Defendant/Plaintiff Strandberg's cross- complaint with prejudice and award Plaintiff Kiser cost and attorney fees and any other relief as this Court deem just and proper. COUNT II - BREACH OF IMPLIED WARRANTY OF HABITABILITY 24. The answers to Paragraphs 1 through 23 are incorporated by reference as fully set forth herein. 25. Denied. It is specifically denied that the reason Defendant delayed her move until the loth of February. By way of further answer, Defendant was quite insistent that she did not want to move into the new apartment until the loth, for reasons not quite clear to Plaintiff Kiser. 26. Denied. It is specifically denied that Defendant Strandberg ever contacted the electric company or any utility company. By way of further answer, Plaintiff Kiser was never contacted by the electric company of any other utility company with regard to changing service into Defendant Strandberg's name. Strict proof is demanded at time of trial. -7- 27. Denied. It is specifically denied that Defendant Strandberg ever had such a conversation with the cable company or with the Plaintiff Kiser. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 28. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 29. Denied. It is specifically denied that there is no trash service. It was explained to the Defendant Strandberg upon renting the apartment that trash removal was at the end of the long driveway, -8- not next to the house. It is averred that Defendant commented upon learning this that would give her some exercise. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. 30. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 31. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable -9- Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 32. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 33. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or -10- knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 34. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 35. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 36. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable -11- Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 37. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 38. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or -12- knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 39. Denied. It is specifically denied that the conditions as described by Defendant Strandberg's paragraph 39 presents an apartment that is unfit for human habitation. The well water was and is potable. Cable service, electric service and mail service were all available to the tenant. It is averred, by way of further answer, that Defendant has misrepresented the truth in these matters. Strict proof is demanded at time of trial. 40. Denied. (a) Denied. It is specifically denied that Defendant suffered any damages or that Plaintiff Kiser owes any money to Defendant. Strict proof is demanded at time of trial. Defendant benefitted from living in Plaintiff's rental property. Defendant should not be allowed to live in the property for free. (b) Denied. It is specifically denied that Plaintiff Kiser is liable for moving expenses incurred by Defendant. WHEREFORE, Plaintiff Kiser respectfully requests this Honorable Court to enter judgement in favor of Plaintiff Kiser, dismiss Defendant Strandberg's complaint, award costs of these proceedings, award attorney fees, and any and all such relief as this Court deems just and proper. -13- COUNT III - UNFAIR TRADE PRACTICES 41. Plaintiff's answers to paragraphs 1 through 40 are incorporated herein by reference as if set fully herein. 42. Denied. After reasonable investigation, Plaintiff Kiser is without knowledge to either admit or deny the averments of paragraph 42 and proof thereof, if relevant, is demanded at time of trial. 43. Denied. After reasonable investigation, Plaintiff Kiser is without knowledge to either admit or deny the averments of paragraph 43 and proof thereof, if relevant, is demanded at time of trial. 44. Denied. After reasonable investigation, Plaintiff Kiser is without knowledge to either admit or deny the averments of paragraph 44 and proof thereof, if relevant, is demanded at time of trial. 45. Denied. After reasonable investigation, Plaintiff Kiser is without knowledge to either admit or deny the averments of paragraph 45 and proof thereof, if relevant, is demanded at time of trial. 46. Denied. After reasonable investigation, Plaintiff Kiser is without knowledge to either admit or deny the averments of paragraph 46 and proof thereof, if relevant, is demanded at time of trial. 47. Denied. After reasonable investigation, Plaintiff Kiser is without knowledge to either admit or deny the averments of paragraph 47 and proof thereof, if relevant, is demanded at time of trial. -14- 48. Denied. After reasonable investigation, Plaintiff Kiser is without knowledge to either admit or deny the averments of paragraph 48 and proof thereof, if relevant, is demanded at time of trial. 49. Denied. After reasonable investigation, Plaintiff Kiser is without knowledge to either admit or deny the averments of paragraph 49 and proof thereof, if relevant, is demanded at time of trial. 50. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 51. Denied. It is specifically denied that Plaintiff Kiser violated any of the Unfair Trade Practices Act. It is further denied that Defendant Strandberg has suffered any damages. (a) Denied. It is specifically denied that Plaintiff Kiser is financially liable for Defendant Strandberg's for the return of any monies. (b) Denied. It is specifically denied that Plaintiff Kiser is financially liable for Defendant Strandberg's for moving expenses. -15- (c) Denied. It is specifically denied that Plaintiff Kiser should pay Defendant Strandberg's attorney fees. WHEREFORE, Plaintiff Kiser respectfully requests this Honorable Court to enter judgement in favor of Plaintiff Kiser, dismiss Defendant Strandberg's cross-complaint, enter an award for costs and fees relevant to these proceedings, enter an award for attorney fees, and award any and all such relief as this Court deems just and proper. STONE LAFAVER. -A Y S Eliz B. St°one, Esquire I. 60 1 r'll L) Dated::' jl Bri Street, P.O. Box E C rland, PA 17070 ne: (717) 774-7435 neys for Plaintiff Kiser -16- JUL-30-2007 MON 03:31 PM AES/PHEAA Guaranty Svcs FAX NO. 7177203915 VERIFICATION P. 01 Sherry E. Kiser, states that she is the Plaintiffnamed in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. 41? Loon-06-10 'W'd bo=9Z:80 699sv pd\mis\1service CERTIFICATE OF SERVICE I, Elizabeth B. Stone, Attorney at Law, of the law firm of Stone LaFaver & Shekletski, attorneys for Plaintiff/Defendant Sherry E. Kiser, hereby certify that on this date I served a true and correct copy of the within instrument on Defendant/Plaintiff's counsel of record by first class mail, postage prepaid, addressed as follows: SUZANNE SPENCER ABEL, ESQUIRE Neuharth Law Offices 232 Lincoln Highway East Chambersburg, PA 17201 DATE: V ?' .?' b m 11 All R F:docs\pd\ans\kisersherrysusanstrandberg. STONE LAFAVER & SHEKLETSKI BY ELIZABETH B. STONE SUPREME CT. ID.#60251 414 BRIDGE STREET NEW CUMBERLAND, PA 17070 717-774-7435 ATTORNEYS FOR DEFENDANT, SHERRY KISER SUSAN J. STRANDBERG, Plaintiff v. SHERRY E. KISER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 -3315 CIVIL CIVIL ACTION - IN EQUITY AND AT LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW, comes the defendant, Sherry E. Kiser, by and through her attorneys, Stone LaFaver & Shekletski, and files the following answer to Plaintiff's Production for Documents: 1. There are no additional written statements, memoranda or other writings relating to the facts of this lawsuit in existence at this time other than those attached as exhibits to Defendant Kiser's original complaint filed to 07-3315, wherein Ms. Kiser filed a landlord/tenant action seeking repayment of lost rent monies and payment for a PPL Electric Utility bill. Importantly, included in that complaint was a letter from Ms. Marie Rodi, acting on Ms. Strandberg's behalf. Should any requested documents which are -1- currently unavailable become available to Defendant, copies will be provided to Plaintiff. 2. Defendant is not in possession of any past documents or bills relating to the utilities and or service of the subject property other than those attached to the Defendant Kiser's original landlord/tenant action. Defendant routinely destroys each bill as it is paid. 3. Defendant is not in possession of copies of any applicable or non-applicable municipal codes for the subject property. It is believed that copies of the requested municipal codes could be found at the municipal office or the Cumberland County Courthouse. 4. Defendant does not have any ongoing dispute with the municipal entity. 5. Defendant does not have any copies of any prior leases/rental agreement for any prior or subsequent tenants of the subject properties. 6. Defendant Kiser attached a copy of the lease and a copy of the past due PPL Electric bill to her landlord/tenant complaint. No other documents are available at this time. 7. Defendant is not in possession of any written correspondence and/or reports between Defendant, or anyone acting on her behalf and any expert. 8. Defendant does not possess any prior leases from any former tenants other than the Plaintiff. -2- 9. There are no such documents that contain the names, home addresses, business addresses and telephone number of all individuals contacted as potential witnesses. Defendant intends to call those witnesses as listed in response thereto Plaintiff Interrogatory U. 10. See attached insurance policy. 11. None at this time. Should any documents become available, they will be provided to Plaintiff as they become available to the Defendant. Respectfully submitted, STONE LaFAVER & SHEKLETSKI Eliza th B. one, Esquire Sup 'Ct. 41 Bri tr Box E New m rlan , PA 17070 (7 )774-743 torneys f the Defendant DATED: ( 121 S- vj-- -3- VERIFICATION Sherry E. Kiser states that she is the Defendant named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her lmowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C. S.A. §4904 relating to unworn falsification to authorities. I A )A rl Sherry B. Kiser U Date: Ac PA, A ?? _ <.?r _ A? `T1 ? 'T -? 'T" j ; ?.! ...-. t,?? i ? .. ;. ? ?', r_.. _..:iss. .. K. ?..) - its `'1?T ... 4....., "?..