HomeMy WebLinkAbout08-2236
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of CUMBERLAND
NOTICE OF APPEAL
FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No. 08- 2a
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 Magisterial District
Judge on the date and in the case referenced below.
Rollace E. Heustess 09-3-04 Thomas A. Placev
------ ------
237 Ri
March 14, 2008 1 Rollace E. Heusi
F*Iecf : y,
PA 17050
Teresa Palm and Jerry Ruvnert
LT-0000155-08
Keith 0. Brenneman Esquire
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. 1008B.
This Notice of Appeal, when received by the Magisterial District Judge, will
operate as a SUPERSEDEAS to the judgment for possession in this case.
Signature of Prothonotary or Deputy
before a Magisterial District Judge, 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 Magisterial District
Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To , appellee(s)
Name of appe e(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: . 20
Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-05
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COMMONWEALTI-F PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT
COUNTY OF: CMMERLAND RESIDENTIAL LEASE
Mag. Dist. No.:
09-3-04
MDJ Name: Hon.
THOMAS A. PLACEY
Address: 104 S SPORTING HILL RD
MECHANICSBURG, PA
Telephone: (717 ) 761-8230 17050
PLAINTIFF: NAME and ADDRESS
rHEUSTESS, ROLLACE E
237 RIDGE HILL ROAD
MECHANICSBURG, PA 17050
L J
VS.
DEFENDANT: NAME and ADDRESS
rPALM, TERESA, ET AL.
78 W. MAIN STREET
NZW KINGSTOWN, PA 17072
L J
ROLLACE E. B3 USTESS
237 RIDGE HILL ROAD Docket No.: LT-0000155-08
MECHANICSBURG, PA 17050 Date Filed: 3/04/08
THIS IS TO NOTIFY YOU THAT:
Judgment: FO PLAINTIFF
® Judgment was entered for: (Name) HEUSTESS, ROLLACE E
Judgment was entered against PALM, TERESA in a
® Landlord/Tenant action in the amount of $ 1, 085.50 on 3/14/08 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 315 , 00.
The total amount of the Security Deposit is $ 530.00
Total Amount Established by MDJ Less- Security Deposit Applied = Adjudicated Amount
Re,it in Arrears $ 945.00 -$ .00= $ 945.00
Physical Damages Leasehold Property $ .00-$ .00= $ .00
Damages/Unjust Detention $ -00-$ -00= $ -00
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $^ _
UT Judgment Amount $ 945-00
? Attachment Prohibited/ Judgment Costs $ 140.50
42 Pa.C.S. § $127 Attorney Fees $ _ 00
? This case dismissed without prejudice. Total Judgment $ 11085.50
? Possession granted. Post Judgment Credits $
Post Judgment Costs $
a Possession
ranted if m
n
d
t i Certified Judgment Total $
b
t
g
o
ey ju
gmen
s no sa Is le
y
ime o eviction.
? Possession not granted. ? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A 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 JUDGMENTITRANSCRIPT 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 4u6(jMENT MAY FILE.
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEB`EOk PAYS IN-FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
! Date Magisterial District Judge
r7y- T -at this is a true an erect-eopyla; - ., roc rags containing t e judgment.
Date Magisterial District Judge
My-commission expires first Monday of January, 2010 QPAI
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
MDJ Name: Hon.
09-3-04
THOMAS A. PLACEY
Address: 104 S SPORTING HILL RD
MECHANICSBURG, PA
Telephone: (717 ) 761-8230 17050
ATTORNEY FOR PLAINTIFF :
KEITH 0. BRENNEMAN
44 N. MAIN STREET
SNELBAKER BRMMMEAN ET AL
MECHANICSBURG, PA 17055
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
'i=STESS, ROLLACE S
237 RIDGE HILL ROAD
MECHANICSBURG, PA 17050
L J
VS.
DEFENDANT: NAME and ADDRESS
rPALM, TERESA, ET AL.
78 W. MAIM STREET
NEW KINGSTOWN, PA 17072
L J
Docket No.: LT-0000155-08
Date Filed: 3/04/08
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
® Judgment was entered for: (Name) HEUSTESS, ROLLACE E
I-XI Judgment was entered against RUPPERT, JERRY in a
Landlord/Tenant action in the amount of $ 1, 085.50 on 3/14/08 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 315, 00.
The total amount of the Securitv Deposit is $ 530.00
Total Amount Established by MDJ Less • Security Deposit Applied
R
i
945
A
00 = Adjudicated Amount
ent
n
rrears $ .
.-$ .00= $ 945.00
Physical Damages Leasehold Property $ .00-$ .00= $ .00
Damages/Unjust Detention $ _ 00 - $ -o0= $ -00
Less Amt Due Defendant from Cross Complaint - $ 00
Interest (if provided by lease) $ .
0o
L/T Jud
ment Am
t
g
oun $ 94%
00
Attachment Prohibited/ Judgment Costs
$ _
140
N
42 Pa.C.S. § 8127
Attorney Fees
$ _
O
on
? This case dismissed without prejudice. Total Judgment $ _
11085.50
Possession granted. Post Judgment Credits $
Post Judgment Costs $
I Certified Judgment Total $
® Possession granted if money judgment is no sa Is ie y time o evlc ion.
? Possession not granted. ? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A 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.
Date , Magisterial District Judge
certify that this Is a true an ,.rrec w- p -t e?prQC Ings containing the judgment.
IX' S Date "? " µ Magisterial District Judge
Q
f 8 rn
ROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of se ice MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH F PENNSYLVANIA
COUNTY OF C =swear) AND ss
AFFIDAVIT: (affirm) that I served
2008-2236
[EX a copy of the Notice of Appeal, Common Pleas No. upon the Magisterial District Judge designated therein on
April 9, 2008
(dale of service) , 20 ? by personal service 12Xby (certified) (ragiat H34mail,
sen er's receipt attached hereto, and upon the appellIS name, a , onJerry Ruppert
A ri20 9, 2008 by service? XXb
personal by (certified $7Qjmail,
) ( 3 d?
sen er's receipt attached hereto.
TH SOR 9) (AFFI OF ) AND SOUBOSCRIBED BEFORE ME
rij
Signature of official before whom affidavit was made
COMMONWEAL H OF PENNSYLVANIA
tarial Seal
Susan L traa, Notary Public
Mechanicsburg ro, Cumberland County
MY Comm' E)pires Nov. 24, 2011
Member, Pennsylv nia Association of Notaries
Title of official
My commission expires on , 20
Signature of alfiant
AOPC 312A - 05
M ..
Ln
ra
Postage
$
S ?
Im Certified Fee
13
O Retum Redept Fee Postmark
(Endoreerrlent Required) Here
O
Ln
M RestrkKed Delivery Fee
(Endoreement Required)
ra
otal Posta
TOW
e & Fees
$
CL-
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C3
C3 ° Teresa Palm
r- ww' 3w 1 ., ............ .......-..v------ ---------------------------------- °--
orpot3oxft 78 West Main Street
-------------------
New Kingstown, PA 17072
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
CERTIFIED MAIL, RECEIF
(Domestic Mail Only; No Insurance Coveral
r-4 -
?. Total Postage & Faea $ s ,
C3 awe TO C3 Jerry Ruppert
N Aji£7t ; .._-.._.....°------------°°- - - - ;; -
orpoBoxm. 78 West Maim Street .
ziA; a.........._- ..----------------- ----- -----------
New Kingstown; PA 17072
fU
?
Postage
$ S?
,
Certified Fee ti
C ==CW Fee ,
C 3
m (Endoreen DDeRequlred)
CERTIFIEC
(Domestic Mail Or
u7
ru
r-R
Postage $
S
C3 Certified Fee
C3
0 Return Ftedept Fee
(Endorserrrent Required)
C3
u 1 -d Delivery Fee
4
m W
(Endorsement Required)
TOW Postage & Fees
S
C3 r o
s
The Honorable
I
S
?hlerq
Q>t':
ac:
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po'BoxNo ' 104 South Sporting Hill Road
---- ------- °.. ---..____•---------------....___.-----.
?'?Iechanicsburg, PA 17050
ROLLACE E. HEUSTESS,
Plaintiff
V.
TERESA PALM and JERRY
RUPPERT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2008-2236
CIVIL ACTION - LAW
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with a court
your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013-3302
(717) 249-3166
SNELBAKER & BRENNEMAN, P. C.
By:
Attorneys for Plaintiff
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
E. HEUSTESS,
Plaintiff
V.
TERESA PALM and JERRY
RUPPERT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-2236
CIVIL ACTION - LAW
COMPLAINT
Plaintiff Rollace E. Heustess, by his attorneys, Snelbaker & Brenneman, P. C. submits
this Complaint against Defendants Teresa Palm and Jerry Ruppert and in support thereof, states
the following:
Back round
1. Plaintiff Rollace E. Heustess is an adult individual residing at 237 Ridge Hill Road,
Mechanicsburg, Pennsylvania.
2. Defendants Teresa Palm and Jerry Ruppert are adult individuals residing at 78 West
Main Street, New Kingstown, Pennsylvania
3. Plaintiff, together with his wife, is the owner of a single family residence located at 78
West Main Street, New Kingstown, Pennsylvania (the "Property")
4. In December 2005 Plaintiff and Defendants agreed that Plaintiff would rent to
Defendants and Defendants would rent from Plaintiff the Property at a monthly rent of $730.00,
payable in advance on the first day of each month.
5. In addition to the monthly rent agreed to and as noted above, Plaintiff and Defendants
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
I agreed in December 2005 that the parties' lease of the Property in New Kingstown would be
Igoverned by the terms of the written lease Plaintiff, his wife and Defendants had with respect to
Defendants lease of Plaintiffs property at 920 North Front Street, Apt. 6, Wormleysburg,
(Pennsylvania, which lease was dated October 15, 1996, excepting that the amount of monthly
gent for the Property would be $730.00 each month and Defendants would be responsible for
paying all utilities servicing the Property and cutting the grass. A true and correct copy of the
1written lease which served as the basis of the lease of the Property as qualified above is attached
thereto and incorporated by reference herein as "Exhibit A".
Breach of Contract
6. Defendants moved into the Property and commenced residing there in December
12005.
7. Since moving into the Property, Defendants have never paid the monthly rent both on
and in full.
8. Defendants have failed and refused to pay the full monthly rent amount to Plaintiff for
December of 2007, January, February and March of 2008.
9. Pursuant to the parties' agreement, Defendants were to pay for all repairs to the leased
ses as noted in the written lease.
10. Defendants have failed and refused to repair and maintain the Property.
11. Pursuant to the parties' agreement, Defendants were not permitted to have pets
1without Plaintiffs prior approval.
12. Defendants have had and continue to have pets without prior approval of Plaintiff.
13. The number of pets that Defendants have is in violation of the limitations imposed by
ordinance of Silver Spring Township.
14. For the reasons set forth above, Defendants are in material breach of their obligations
sunder their agreement with Plaintiff.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
2
15. As a direct, proximate and factual result of Defendants' material breaches of their
with Plaintiff, Plaintiff has sustained the following losses and damages:
a. unpaid rent in the amount of: $1,475.00
b. late fees in the amount of: 80.00
C. cost of repairs to the Property: 5,000.00
16. Pursuant to the parties' agreement, Plaintiff is entitled to costs, expenses and
reasonable attorney's fees in the event Plaintiff enforces the provisions of the agreement.
17. Plaintiff has engaged the services of Snelbaker & Brenneman, P. C. at an hourly rate
$175.00 to enforce the provisions of the parties' agreement.
18. Plaintiff has expended $971.25 in legal fees to enforce the provisions of the parties'
and has incurred and will continue to incur legal fees in initiating and pursuing this
WHEREFORE, Plaintiff requests that judgment be entered against Defendants, jointly
severally in the amount of $7,526.25 together with any additional attorney's fees to be
incurred, accrued unpaid future rent and late fees until the time of hearing or trial, and costs of
s action.
SNELBAKER & BRENNEMAN, P. C.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
ate: April 24, 2008
BY: (?
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff Rollace E. Heustess
3
E .'20 9 9 5 14:46 717249045
s
as 'Landlord and
HANFT & VOHS P4GE E?
Trim-
ALsmzNTTAL, LLAsz
ed
jointly and severally
of
Tenant.
_, 19? between
1. LIMED PRMCIM. Landlord leases to Tenant upon the terms and co ions
eon in in this Residential Lease, 9 Zy r . l
p, U-77 a c (Leased Premises).
2. TZMd OF Y. ThC this Re idential Lease is D/yL% 7
beginning on tie , 29.? at --clock and ending
on the '-'_ f ___ of 19 9 at -,(_Z--o' clock ?H.
vGT
o -0
as
3. MaTTAL PAYMCHT. Tenant ?ae-11 pay to Landlord the sum S ??t ?v
basic rental for the lease term. The rental shall be payable monthly in advance on the
first day of each month during the lease term in the amount of S ? ?D9 AV
_ Without prior demand by Landlord. Payment of rental shall be to the business address
of the Landlord, or upon written notice to Tenant, at another location.
If the term of this lease shall begin on a date other than the first of the
month, Tenant shall pay the monthly rental on the beginning date. The rental paid shall
be applied to the first partial month and the last partial month. The second monthly
payment shall be paid on the first day of the month following beginning of the lease term
and shall be applied to that month's rental.
Landlord and Tenant agree that timely payment of the rental and performance of all
terms and conditions of this lease are of the essence of this lease. If the monthly
rental shall not have been paid after the 5th of the month when the rnt all Ave been
due, then Tenant agrees to pay the late charge of S " 0 a /Me? Varting with
the day when the rental payment was due. The late charge shall compensate Landlord for
additional administrative costs and expenses caused by the late payment. If payment is
made to Landlord at the proper address by first class mail, postage prepaid, then the date
of the postmark shall be used as the date of payment.
if the Tenant violates any of the terms and conditions of this lease, the Landlord
has the right to enforce collection of the entire unpaid balance of the rent for the
remaining term of the lease.
4, SZCVRITY DaPOSIT. After signing this Residential Lcasc, and before the Tenant
takes possession of the Leased Premises, Tenant shall pay to Landlord a sum equal to _
(` ly _ month's rent (or S 57-7 0. ea ) which amount shall be held
by Landlord as a security deposit. Before Landlord returns the security deposit to the
Tan.aat. 1) Tanant shall vacate the Leased Premises and Landlord shall inspect the Leased
Premises for damage; 2) Tanant shall have complied with all lease terms, conditions and
rules and regulations; and 3) Tenant shall have paid in full the rental, additional rental
and late charges if any. Landlord may retain all or any part of the Security Deposit to
reimburse Landlord for any and all loss, damage and expense due to Tenant's violation of
the terms and conditions, or rules and regulations of this Residential Lease or due to
nonpayment of rent, additional rent or late charges, if any. Tenant acknowledges that
the Security Deposit is not to be used as payment of the last month's rent.
5. nOMILITr or LAMIA= To GIVE P088E39ICQ. If Landlord is unable to transfer
possession to Tenant at the beginning of this Residential Lease, then the lease term shall
begin, but Tenant's obligation to pay rent shall be suspended until Landlord is able to
transfer possession to Tenant. Landlord shall not be liable to Tenant for damages if
Landlord is unable to transfer possession of the Leased Premises for causes reasonably
beyond Landlord's control. If the prior tenant holds over or remains in the Leased
Premises after the term ends, the :,andlord'a obligation. 'Co transfer possession of the
Leased Premises to Tanant is suspended.
EXHIBIT A
Ll :' 201995 14: 46 -1 7249t14`_? i HANFT & VOHS PAGE 6. 1ASTRUCTIOK OF 1-9h IM PR?CSZS. Tenant shall notify
possible of any fire or other lose in or about the Leased Premises.
Landlord immediately of any circumstance or condition in or about
which threatens the Leased Premises, or the property or safety of
others.
Landlord as soon as
Tenant shall notify
the Leased Premises
Tenant, Landlord or
if the Leased Premises is partially destroyed by fire or other casualty, Tenant
shall have the right and optic'n 1) to continue to occupy the habitable portion of the
premises, or 2) to terminate this Residential Lease absolutely and receive a refund of
rent paid through the date of transfer of possession to Landlord.
7, INgURANCt. Landlord shall insure the structure within which the Leased
Premises is located for fire and extended coverage. Tenant shall insure Tenant's personal
property in or about the Leased Premises,
S. SUBLETTING AM M3XG C1;TS. Tenant shall not assign this Residential Lease or
enter into any sublease agreement without the prior written consent of Landlord. Any
attempted assignment or sublease by Tenant without the prior written consent of Landlord
is a violation of this Residential Lease. If Landlord shall consent to an assignment or
sublease, any consent shall not be considered to be a consent to any other assignment or
sublease.
9. "LM11r of L*ML010 FRCai LTASILITY. Landlord is not liable for loss, injury,
or damage to any person or property unless the loss, injury or damage is caused by the
Landlord's intentional act or neglect. Tenant shall repay to Landlord any money spent
by Landlord due to Tenant's intentional act or neglect. Tenant is responsible for all
intentional acts or neglect of Tenant's family, and others who use the Leased Premises.
Landlox-a ahall not be liable for any injury or damage caused by water, rain, snow or ice
that leaks or flows from whatever source into or around the Leased Premises or the
building within which the Leased Premises is located.
10. US= AIM OCCUPANCY OF LEASED PRZI-QsEs. The Leased Premises may be used for
residential purposes only without the prior written consent of Landlord. Tenant shall
occupy and use the premises in conformance with all Federal, State and Local laws,
Regulations and ordinances now in force or that may be enacted in the future. Tenant
shall not store any flammable, hazardous, or toxic substances or engage in any activity
in or about the Leased Premises which substances or activities expose Tenant, Landlord,
or others to a risk of injury, loss or damage.
mot' Truant agrees that the Leased Premises shall not be occupied by more than _
u people without the prior consent in writing of Landlord.
11. RULIS AM RXGUI,ATICKS. In addition to the terms and conditions in this
Residential Lease, Tenant shall be bound by Landlord's standard Rules and Regulations
which are attached to this Lease. Landlord shall have the right during the term of this
Lease to change or add to these Rules and Regulations provided that the purpose of any
change or addition shall be to preserve the Leased Premises and the quiet enjoyment of
all the tenants. No change or addition to the Rules and Regulations shall become
effective until Tenant has been provided with a written copy of the changed or added Rules
and Regulations by mail, posting or delivery to the Leased Premises. Tenant agrees that
a violation of the Rules and Regulations shall be a violation of this Residential Lease.
violation of the Rules and Regulations by Tenant shall permit Landlord to exercise any
and all remedies provided for in this Residential Lease.
12. SUMC=3WATICK- This Residential Lease is subordinate to any and all mortgages
and security interests that are presently on the property or that in the future may be
on the property of which the Leased Premises is a part.
13. M= Alm 2Q24vMMQQ= Or LT_ASSD 7?MC:SEB. Tenant shall use good care when using
the Leased Premises and all appliances, furniture (if applicable), fixtures, and all
heating, ventilating and air conditioning systems urithin the Leased Premises. Tenant also
shall exercise good care when using any part of the building within which the Leased
Premises is located. Tenant shall pay for all repairs to the Leased Premises, its
contents, or any property of Landlord caused by the lack of good care by Tenant, Tenant's
family members and Tenant's guests. Upon ending of this Residential Lease for any cause,
03x'20/1995 14:46 7172490457 HANFT & VOHS PAGE e4
Tenant shall peaceably surrender possession of the Leased Premises and its contents to
Landlord in as good order and repair as at the beginning of the lease term, except for
reasonable wear and tear. Tanaat shall notify Landlord of any repairs or the need for
repairs within the Leased Premises.
14. RIGHT Or ZNTRY. Landlord and persons- -authorized by Landlord shall have the
right to enter the Leased Premises at all reasonable times to inspect, perform
maintenance, do repairs and show the premises to prospective tenants and purchasers.
1S. UTILITI=s. Charges for utilities and services supplied to the Leased Premises
shall be paid as follows:
Shdxce or Service: Paid Bv:
Television Cable
r ?
Electric to Premises % Cl?/1 ,?!i
Water Service LivfJ¢L?,?
Natural Gas
Refuse Collection
Lawn Maintenance L- /?t?G.-v C00
Snow and Leaf Removal
Water Softener Charges /l?.,,
Sever Charges / L
Condominium Fee
Hos+eowner'a !Association Fee /
Parking Fee
Pest Control Charges L-?/? G d
Other:
Other:
Landlord shall have the right to temporarily suspend any utility or other
services to the Leased Premises in order to do maintenance and repair or protect the
property of Landlord or Tenant from risk of harm or loss.
16. R DM33:9. If Tenant fails to pay rent or any other charges when due, or if
Tanaxit violates any other terms, conditions, rules or regulations in this Residential
Lease, Landlord may take action against Tenant. In such a case, Landlord does not have
to give any notice of termination or notice to quit to Tenant before taking action. In
such a case LaadlOrd may take any or all of the following actions:
a) Terminate this Residential Lease without prior notice.
b) Sue Tenant in court to recover possession of the Leased Premises without
giving Tenant prior Notice to Quit the Leased Premises.
c) Sue Tenant to recover the whole balance of the rent and charges owed for
the remaining lease term.
d) Sue Tenant for all damages, including reasonable attorney's fees, resulting
from Tansat's violation of any terms, conditions, rules or regulations in this
Residential Lease.
3
19 95 14: 46 7172490457 HANFT & VOHS PAGF Ely
Landlord may seek one or more than one remedy contained in this Residential
Lease. Landlord's taking of any action against Tenant shall not prevent Landlord from
taking other and additional actions against Tenant.
Landlord's failure to enforce any term, condition, rule or regulation shall not
prevent Landlord frcmi`enforcing the term, condition, rule or regulation at a later time.
17. ATTOIMY'S Ma MAID COSTS. If Landlord shall enforce the provisions of this
Residential Lease in any court against the Tenant, Landlord shall be entitled as part of
any court judgment to be reimbursed for all costs and expenses of enforcement including
reasonable attorney's fees.
18. GomoommAL Powm of nmaNT DCl0.TN. Eminent domain is the right of a
government to take private property for public use. Fair compensation must be paid. If
all or any part of the Leased Premises (or the building within which the Leased Premises
is located) is taken by eminent domain, the lease shall terminate as to that part taken.
Landlord shall not be liable to Tenant for any claims by Tenant for loss of use of all
or any portion of the Leased Premises (or the building within which the Leased Premises
is located) or because this Residential Lease has been terminated.
19. EnMnM LY.BECT. This Residential Lease legally binds the Tenant, Landlord and
their heirs, executors, personal representatives, successors and assigns. Tenant shall
not have the right to assign this Residential Lease or sublet the Leased Premises without
the prior written consent of Landlord.
20. ADDITIC@XL TZMa, CMMITIONS, RIDZRS AND AT• MMMM. This Lease includes all
those additional terms, conditions, riders and amendments indicated below. The terms and
conditions included in the attached Riders and Amendments are part of this Residential
Lease.
Yes-----No Check-in and Check-out Procedures
Yes-----No = Rules and Regulations
Yea-----No Renewal Option
Yea-----No Pet Rider
Yes-----No = Single Family Dwelling Rider
Yes-----No Other:
Yes-----No Other:
TXX"T AROVM NOT 81GR THIS RZSM M'TIAL LEASE LIM= THE TENANT HAs READ ANn tJfIDERSTAAIDS
THZ MKTM*-0%TION ZNcLuDrz IN = ni oRTANT NOTICE ATTACHED To Tw7s RESIDENTIAL LEASE.
This Residential Lease dated this ?? of , 19
?
ILandlord•
/2J o ?S ??1 u-
nant:
cfe P&7
4
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
relating to unsworn falsification to authorities.
Ro lace E. Heustess
April 24, 2008
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
a true and correct copy of the foregoing Complaint to be served upon the persons and in
manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
Teresa Palm
Jerry Ruppert
78 West Main Street
New Kingstown, PA 17072
SNELBAKER & BRENNEMAN, P.C.
By: I
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff Rollace E. Heustess
Date: April 24, 2008
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
???.?'
.-? ..,,
w
ROLLACE HEUSTESS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2008-2236 CIVIL
TERESA PALM and JERRY CIVIL ACTION -LAW
RUPPERT,
Defendants
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA)
: SS.
COUNTY OF CUMBERLAND )
Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that
he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for
Rollace Heustess, the Plaintiff in the above-captioned action; that on April 24, 2008 he did send
to Defendants Teresa Palm and Jerry Ruppert by certified mail, restricted delivery, return receipt
requested, a duly certified copy of the Complaint which was filed in the above-captioned action
as evidenced by the cover letters of the same date and Receipts For Certified Mail No. 7004 1350
0004 1256 3777 and No. 7004 1350 0004 1256 3784, respectively; that both the Complaint and
cover letters were duly received by Teresa Palm and Jerry Ruppert, the Defendants herein, as
evidenced by the Return Receipt cards for said certified mail dated April 29. 2008; that copies of
the aforementioned cover letters dated April 24, 2004 are attached hereto and incorporated by
reference herein as "Exhibit A" and "Exhibit B" and that the original Receipts For Certified Mail
and the Domestic Return Receipts are attached hereto and incorporated by reference herein as
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
"Exhibit C"; and that the facts stated above are true and correct to the best of his knowledge,
information and belief.
Keith O. Brenneman
Sworn to and subscribed before me this
12`h day of May, 2008.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Susan L. Matraa, Notary Public
Mechanicsburg Boro, Cumberland County
My Commission E)Vres Nov. 24, 2011
Member, Pennsylvania Association of Notaries
II
LAW OFFICES _2
SNELBAKER 8C
BRENNEMAN, P. C.
SNELBAKER 8 BRENNEMAN, P.C.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
RICHARD C. SNELBAKER
KEITH O. BRENNEMAN
44 WEST MAIN STREET
MECHANICSBURG, PENNSYLVANIA 17055
717-697-8528
P. O. BOX 318
FACSIMILE (717) 697-7681
April 24, 2008
Teresa Palm
78 West Main Street
New Kingstown, PA 17072
Re: Heustess v. Palm and Ruppert
No. 2008-2236, Cumberland County
Dear Ms. Palm:
Enclosed please find a certified copy of a Complaint with respect to the above action, the
original of which was filed this date with the Prothonotary.
Please be guided accordingly.
Yours truly,
Keith O. Brenneman
KOB/sm
Enclosure
CC: Rollace E. Heustess (w/enclosure)
By certified mail, return receipt requested, Parcel No. 7004 1350 0004 1256 3777
EXHIBIT A
SNELBAKER & BRENNEMAN, P.C.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
44 WEST MAIN STREET
MECHANICSBURG, PENNSYLVANIA 17055
RICHARD C. SNELBAKER
BOX
KEITH O. BRENNEMAN 717-697-8528 P. 0. 318
FACSIMILE E (717) 697-7681
April 24, 2008
Jerry Ruppert
78 West Main Street
New Kingstown, PA 17072
Re: Heustess v. Palm and Ruppert
No. 2008-2236, Cumberland County
Dear Mr. Ruppert:
Enclosed please find a certified copy of a Complaint with respect to the above action, the
original of which was filed this date with the Prothonotary.
Please be guided accordingly.
Yours truly,
Keith O. Brenneman
KOB/sm
Enclosure
CC: Rollace E. Heustess (w/enclosure)
By certified mail, return receipt requested, Parcel No. 7004 1350 0004 1256 3 784
EXHIBIT B
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Postage $ . olaa8Gpt
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or PO BoxNa 78 West Main Street
.----- _.
City State, ZIP*4 -
New Kinlastaw . .PA 17072
Cf_f; I 'P '141L HECEIP
(Domestic Mail Only,, No lnserronce Covera,
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Postage $
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certified a
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Total Postage & Few
$
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C3 a" To
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o Jerry Ruppert
orPOftrn% 78 West King Street
¦ Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
¦ Prktt your name and address on the reverse
taro that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
A Signature
O Agent
Addreeeee
a. Received cby?(,Pdq(ed AWw) C. Date of Ddvmy
D. Is delivery address d- -- ? Yes
If YES, enter delivery I No
1. Milde Addressed to:
Teresa Palm
78 West Main Street
New Kingstown, PA 17072
3. 1111wice Type
? F,
? Registered ? Return Receipt for MerohandMs
O Insured mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. ArticleNtanbw 7004 1350 0004 1256 3777
marrsfer nom service kbo
PS Form 3811, February 2004 Domestic Return Receipt 102595-024&1540
¦ Complete items 1, 2, and 3. AISMomplete A. Signature
item 4 if Restricted Delivery is desired. ?? ?A9
¦ Print your name and address on the reverse r dt=ree!°e
so that we can return the card to you. B. Received by (P fnted Name) C. Date of Delivery
• Attach this card to the back of the mailpiece, -1
or on the front if space permits.
D. Is delivery address different f ? Yes
1. Article Addressed to: If YES, enter delivery a r No
Jerry Ruppert 2 Z
78 West Main Street
New Kingstown, PA 17072 a
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
3 IYPe %;-
Mail ? IT L
? Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7004 1350 0004 1256 3784
(Transfer nom service ?a!
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15401
EXHIBIT C I
C ? -r1
F
? = C rn
I_ I
ROLLACE E. HEUSTESS
Plaintiff
vs
TERESA PALM and JERRY
RUPPERT Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2008-2236
CIVIL ACTION -LAW
ANSWER AND COUNTERCLAIM
NOW COME the Defendants, TERESA PALM and JERRY RUPPERT, by and
through their attorney, Charles E. Petrie, and respectfully answer Plaintiff's
Complaint as follows:
1. Admitted.
2. Denied. Defendants reside at 2912 Butler Street, Harrisburg,
Pennsylvania.
3. Admitted.
4. Admitted.
5. Denied. The parties did not agree that the parties' lease of the
property at 920 North Front Street, Apt. 6, Wormleysburg, Pennsylvania, would
govern the Property.
6. Admitted.
BREACH OF CONTRACT
7. Denied. Defendants have paid the full monthly rent to Plaintiff on a
regular basis.
8. Denied. Defendants paid the full monthly rent to Plaintiff as set forth
by Magisterial District Judge Thomas A. Placey pursuant to his ruling on
. - I
March 14, 2008, docketed to number LT-0000155-08, a copy of which is
attached hereto as Exhibit "A."
9. Denied. The parties never agreed that Defendants were to pay for all
repairs; further, the written lease referred to by the Plaintiff does not require
the Tenant to pay for real estate repairs and maintenance.
10. Admitted.
11. Admitted.
12. Admitted.
13. Denied. Defendants no longer reside in the Property, and therefore
have no pets in the Property.
14. Denied. Defendants are not in material breach of their obligations
under their agreement with Plaintiff.
15. Denied. Plaintiff has not sustained the losses set forth in sub-
paragraphs a. through c. in this paragraph.
16. Denied. The parties have no agreement that requires Defendants to
pay Plaintiff's counsel fees.
17. Admitted.
18. Denied. The facts set forth in this paragraph are solely within the
knowledge of the Plaintiff, and the averments are therefore denied.
WHEREFORE, Defendants respectfully request that Your Honorable Court
dismiss Plaintiffs Complaint.
COUNTERCLAIM
19. Defendants hereby incorporate their answers to paragraphs 1
through 18 hereinabove as if fully set forth herein.
20. At the time that Plaintiff and Defendants negotiated the rental
agreement for the Property, the Property included three vacant garages
(Garages).
21. The Garages were a part of the Property and possession of the
Garages was to be turned over to the Defendants pursuant to the parties'
rental agreement.
22. Plaintiff rented the Garages to a third party, thus depriving the
Defendants of the use of the Garages and any income to be derived therefrom.
23. Plaintiff received Three Hundred Dollars ($300.00) per month in
income from the rental of the Garages.
24. Defendants were forced to rent a storage unit for their personal
possessions because they were deprived of possession and use of the Garages.
25. The cost of the storage unit is One Hundred Fifteen Dollars
($115.00) per month.
WHEREFORE, Defendants respectfully request that Your Honorable
Court enter judgment in favor of the Defendants and against Plaintiff in the
amount of Five Thousand One Hundred Dollars ($5,100.00), which represents
the loss of the rental income from the Garages for the duration of the tenancy,
or in the or in the alternative, in the amount of One Thousand Nine Hundred
Fifty-five Dollars ($1,955.00) which represents the cost of the rental unit for the
duration of the tenancy.
Respectfully submitted,
CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
Attorney for Defendants
Sup. Ct. ID No. 29029
ROLLACE E. HEUSTESS
Plaintiff
vs
TERESA PALM and JERRY
RUPPERT Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2008-2236
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I hereby certify that on the second day of June, 2008, I served a copy of the
foregoing Answer and Counterclaim on Plaintiffs counsel, Keith O. Brenneman,
Esquire, by U. S. Postal Service First Class Mail, postage prepaid, addressed to
the law offices of Snelbaker & Brenneman, P.C., 44 West Main Street,
Mechanicsburg, PA 17055.
Respectfully submitted,
CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
Attorney for Defendants
Sup. Ct. ID No. 29029
COMMONWEALTHbF''PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT
ili rnl INTV nP. CUMBERLAND RESIDENTIAL LEASE
Mag. Dist. No :
09-3-04
MDJ Name. Hon.
THOMAS A. PLACEY
Address: 104 S SPORTING HILL RD
MECHANICSBURG, PA
Telephone: (717 ) 761-8230 17050
ROLLACE E. HEUSTESS.
237 RIDGE HILL ROAD
MECHANICSBURG, PA 17050
PLAINTIFF: NAME and ADDRESS
FREUSTLSS, ROLLACE E
237 RIDGE HILL ROAD
MECHANICSBURG, PA 17050
L J
VS.
DEFENDANT: NAME and ADDRESS
rPALM, TERESA, ET AL.
78 W. MAIN STREET
NZW KINGSTOWN, PA 17072
L J
Docket No.: LT-0000155-08
Date Filed: 3/04/08
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
LX i Judgment was entered for: (Name) _ BEUSTESS, ROLLACE E
Judgment was entered against PALM, TER.ESA in a
® Landlord/Tenant action in the amount of $ 1, 085.50 on 3/14/08 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 315.00.
The total amount of the Security Deposit is $ 530.00
Total Amount Established b%, MDJ Less - Security Deposit Applied = Adjudicated Amount
45 00 00- 945 00
Rent in Arrears $ - $ - $
Physical Damages Leasehold Property $ .00 - $ .00= $ .00
Damages/Unjust Detention $ _ 00 - $ -0 0- $ -00
Less Amt Due Defendant from Cross Complaint - $ .00
l terest (if provided by lease) $ --n 0
_.
L/T Judgment Amount $ 945.00
Attachment Prohibited/ Judgment Costs $ 140.50
42 Pa.C.S. § $127 Attorney Fees $ -00
This case dismissed without prejudice. Total Judgment $ 1,085.50
? Possession granted.
® Possession granted if money judgment
1-1 Possession not granted.
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
e o eviction.
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 REOUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS "IN-FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
1 rI /-) SCHEDULE "A"
w Date ?-? Magisterial District Judge
certify that t Is is a true an rrect copyrs t reCOr .,'o„.t evproc rags containing the judgment.
Date Magisterial District Judge
My commission expires first Monday of January, 2010. SEAL
AO PC 315A-06 -
I_
ROLLACE E. HEUSTESS,
Plaintiff
V.
TERESA PALM and JERRY
RUPPERT,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-2236
CIVIL ACTION - LAW
PLAINTIFF'S REPLY TO COUNTERCLAIM
Plaintiff, by his attorneys, Snelbaker & Brenneman, P. C., submits this Reply to
Defendants' Counterclaim as follows:
19. Paragraph 19 of Defendants' Counterclaim should be stricken as improperly
requiring a reply to an Answer, which is not a recognized pleading under the Pennsylvania Rules
of Civil Procedure. To the extent a response is appropriate, Paragraph 19 of Defendants'
Counterclaim is denied to the extent it incorporates allegations and denials contrary to or in
addition to those averments contained in Plaintiffs Complaint.
20. Denied. It is denied there were three vacant garages on the Property. On the
contrary, there was one three-car garage on the Property.
21. Admitted in part; denied in part. Although the garage was on the same property as
the residence leased by Defendants, the garage was not to be "turned over" or available for use
by Defendants pursuant to the rental agreement.
22. Admitted in part; denied in part. Although it is admitted that Plaintiff leased the
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
garage to a third party, it is denied that Plaintiff thereby deprived Defendants of the use of the
garage or income therefrom for the reasons that Defendants were not given use of the garage or
authority to lease it to third parties.
23. Denied. Plaintiff received $330.00 per month.
24. Denied. It is denied that Defendants were deprived of possession and use of the
garage for the reason that they had no right to use or possess the garage and for those reasons set
forth in Paragraphs 21 and 22 of this Reply above. Accordingly, it is denied that Defendants
were forced to rent a storage unit. In addition, Defendants were already renting and had for
years previously rented a storage unit.
25. Denied. The averments of Paragraphs 21, 22 and 24, above, of this Reply are
incorporated by reference herein.
WHEREFORE, Plaintiff requests that judgment be entered against Defendants jointly
and severally in accordance with the demand set forth in Plaintiffs Complaint and that
Defendants' Counterclaim be dismissed and judgment therein be entered in favor of Plaintiff.
SNELBAKER & BRENNEMAN, P. C.
BY: kz,?
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Date: June 20, 2008 Attorneys for Plaintiff Rollace E. Heustess
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
2
t
VERIFICATION
I verify that the statements made in the foregoing Reply to Counterclaim are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
ollace E. Heustess
Date: June 20, 2008
LAW OFFICES
SNELBAKER 8L
BRENNEMAN,f.C.
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
caused a true and correct copy of the foregoing Reply to Counterclaim to be served upon the
persons and in the manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg, PA 17111
SNELBAKER & BRENNEMAN, P.C.
By:_
0?1
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff Rollace E. Heustess
Date: June 20, 2008
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
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LLACE E. HEUSTESS,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-2236
ERESA PALM and JERRY
UPPERT,
Defendants
: CIVIL ACTION -LAW
PR AFCIPF
THEPROTHONOTARY:
Please mark the above-captioned action discontinued and ended with prejudice on your
and indices.
November 10, 2008
SNELBAKER & BRENNEMAN, P. C.
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff Rollace E. Heustess
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
{, .
ROLLACL ?-- 11F( fSTI:SS.
Plaintiff
"II=RFSA PAINT and .11%RRY
RI TPFRT.
Delendants
IN' 1'f{I; ('()11I:l OI COMMON PLEAS OF
U!10REI:LAND (_'OUNNTY_ PENNSYLVANIA
No, 20OR-22 s6
CIN, IL ACTION LAyA1
I'RAI?C'IPE
TO PIE PROTIIONOTARY:
Please mark the Counterclaim raised hN- the Defendanis in the above-captioned action
discontinued and ended with prejudice im y'uur docket aril indices.
Date.
?R Brisban ltreet
`larr;s'?ur . PA ? 7i I I
Attorney for I eresa Paint chid Jerry Ruppert
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C