HomeMy WebLinkAbout08-5386TH OF PENNSYLVANIA
RT OF COMMON PLEAS
Judicial District, County Of Cumberland
NOTICE OF APPEAL
FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No
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.
I rvAML Ur Mu.i
Egard Coover and Kathleen Diaz 09-2-01 Paula P. Correal
cir Wut
7 Wilbert Drive, PO Box1203 Carlisle PA 17013
9/4/2008 Sandy Point Properties,LTD V. Egard Coover and Kathleen Diaz
DOCKET No. SIGNAT
'VRE OF APPELLANT OR ATTORNEY OR AW.NT3
LT-0000128-08
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 before a Magisterial District Judge, A COMPLAINT MUST BE FILED
operate as a SUPERSEDEAS to the judgrrxnt for possession in this case. within twenty
(20) days after filing the NOTICE of APPEAL.
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 Magisterial District
Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon Sandy Point Properties,LTD
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 attomey or agent
RULE: To Sandy Point Properties, LTD
Name of appellee(s)
, 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 MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date:? 20
ignat of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
Gv114x,;.,
AOPC 312-05
II
PROOF OF SERVICE OF NOTICE OF APPEAL 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 No.
(date of service) , 20 ,
, upon the Magisterial District Judge designated therein on
? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
120 ?by personal service? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , 20
Signature of official before whom affidavit was made
Title of official
My commission expires on , 20
Signature of affiant
AOPC 312A - 05
COMMONWEALTH OF PENNSYLVANIA
nnl INTv np- CUXBZRLA=
Mag. Dist. No.:
MDJ Name: Hon.
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF:
NAME and ADDRESS
rSANDY POINT PROPERTIES LTD
PO BOX 1384
283 ECHO ROAD
LCARLISLE, PA 17013
J
VS.
DEFENDANT: NAME and ADDRESS
rCOOVER
, EGARD B, ET AL.
7 WILBERT DRIVE
PO BOX 1203
LCARLISLE, PA 17013
J
Docket No.: LT-0000128-08
Date Filed: 8/19/08
ai
09-2-01
PAULA P. CORREAL
Address: 2260 SPRING RD SUITE #3
CARLISLE, PA
Telephone: (717 ) 218-5250 17013-0000
ATTORNEY FOR PLAINTIFF :
GEOFFREY K. BIRINGER
KID PENN LEGAL
401 E LOOTHER. ST STE 103
CARLISLE, PA 17013
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
Judgment was entered for: (Name) SANDY POINT PROPERTI, ES LTD
Judgment was entered against COOPER, EGARD B in a
® Landlord/Tenant action in the amount of $ 11 310.28 on 9/04108 (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 b MDJ Less • Security Deposit Appliedd = Adjudicated Amount
Rent in Arrears $ 05.00 605.00
Physical Damages Leasehold Property $ 587.50 $ 587.50
Damages/Unjust Detention $ -on $ -00
Less Amt Due Defendant from Cross Complaint - $ -00
Interest (if provided by lease) $ -00
L/T Judgment Amount $ 1,192-Nn
? Attachment Prohibited/ Judgment Costs $ 117.79
42 Pa.C.S. § 8127 Attorney Fees $ 00
? This case dismissed without prejudice. Total Judgment $ _ 1,310.28
? Possession granted.
® Possession granted if money judgment
? Possession not granted.
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 THI: 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 NQTICEOF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF TJiE 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 ENTEREPJN THE COURT OF,COMMONV LEAST ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFAC710N *rH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEVtOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
q' O
Date -;Magisterial DistritJudge•
_Z ?"'d - ??ftx _r -
certl y that this is a true an cor cop pbt the reco p I s t Ingot a judgment.
?- Date Magisterial District Judge
commission expires first Monday of January, 2012
AOPC31SA-O6 SEAL
- '
?
y
S
O d
_
W
N
M
r
CIP
C
M
A
14
r7
w, c
7 +'
CD
?J
t' r-
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS PLAINTIFF: NAME and ADDRESS
FSandy Point Properties, LTD
County Of Cumberland PO Box 1 384
283 Echo Road
lCarlisle, PA 17013
VS.
DEFENDANT: NAME and ADDRESS
Egard (Kathleen Diaz)
FiQL%9r4 B. Coover, et. al.
7 Wilbert Drive
PO Box 1203
(Carlisle, PA 17013
Common Pleas Docket No.
TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8)
FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2)
A4 /70i3
I, Kathleen Diaz 71 /rat ?? &AX /Zo3 (print name and address here),
have filed a notice of appeal from a magisterial district court judgment awarding to my landlord possession
of real property that I occupy, and I do not have the financial ability to pay the lesser of three (3) times my
monthly rent or the judgment for rent awarded by the magisterial district court. My total household income
does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending
appeal and I have completed an in forma pauperis (IFP) affidavit to verify this. I >i(e/have not (cross out the
one that does not apply) paid the rent this month.
I verify that the statements made in this affidavit 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. § 4904, relating to unsworn falsification to authorities.
9-9-09
Date S G ATURE OF TENANT
AOPC 312-08 (B)
r-? ev
Cl
€'i
IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
SANDY POINT PROPERTIES,
Plaintiff
V.
EGARD COMER and
KATHLEEN DIAZ
Defendants
No. 2008 - CIVIL
CIVIL ACTION - LAW
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow Egard Coover and Kathleen Diaz to proceed in forma pauperis. I,
Geoffrey M. Biringer, the attorney for the party proceeding in forma pauperis, certify that
I believe the party is unable to pay the costs and that I am providing free legal service to
the party.
Date: q11? /.2GDd Geoffrey M. Biringer
MIDPENN LEGAL SERVICES
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
Sup. Ct. ID# 18040
QD
Sc
rLi
co
C3
?-
Postage
$
r?
'
Certified Fee 2 t 7
7"
r u t
O
O
Return Receipt Fee
(Endorsement Required)
0 Postmark
?a
0 Restricted Delivery Fee yam- p CO
O (Endorsement Required) j
Total Postage & Fees
e?
C3 -------------------•------------ ---------- y
.,w
G Street, Apt. No.; 2260
r?/[
r` or PO Box No. P Jq QJ• "'dJ?`G?
PROOF C City siete, ZIP+4 ......... -'""""" J
(This proof of service MUS• A ? 7 0(3
: PS For 111 3800, AlIgUst 2006 'S" R'Ve"' I,
COMMONWEALTH OF PENN YLVANIA
COUNTY OF ; ss
rF) Q` C'
r 0
C0 1?14
' _n
b Q
_E COMPLAINT
f appeal Check applicable boxes.)
AFFIDAVIT: I hereby (swear) (affirm) that I served
a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on
(date of service /O , 20 d y p rsona service by (certified) (rerAd) mail,
sender's receipt attached hereto, and upon the appellee, (na )` - , on /
> 20 [:]by personal service 7
2' %45
by (certified) (reQf mail,
sender's receipt attached hereto.
(SWORN (AFFIRMED_) AND SUBSCRIBED BEFORE ME
THIS DAY OF
IML-, 20,9?4
224?
Signature of offi al befo whom affidavit w is made
04" / iOI A_d A ? 1
Title of fficial
My commission expires on Jan. , 20 / d
PROTHONOTARY, =JANuARy CARLISLE CUMBERLANO MY COMMISSION EXPIRAOPC 312A - 05
01Zr?
Signature of a rant
ru
Cal
ra (Domestic Only; No Insurance .-Provided)
ru
For d
li
i
f
ti
i
it
b
it
r - e
very
n
orma
on v
s
our we
s
e at www.usps.com,,
L
CO
r?- Postage $
Certified Fee
C3
9
2
%
• _J
C3 Return Receipt Fee
O (Endorsement Required) O re . '
C3 Restricted Dalivery Fee
,-q (Endorsement Required)
r
ca
f
r-3 Total Postage & Fees (? [ 7 ,
f
..0
to
?0;pir P„,?Ie1 A. r` see' rpri? p: ----------f---_-----
orPO City,BoxNo_`'I.40x? -t
State, ZlF44
;J(*,, ei9 1-70)
;. .,
Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
SANDY POINT PROPERTIES, LTD., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION - LAW
EGARD B. COOVER, also known as:
EGARD COOVER, 08 - 5386
and KATHLEEN DIAZ, :
Defendants
NOTICE
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take
action within twenty (20) days after this complaint and notice
are served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further
notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
By: 146-1410
DREW C. SHEELY, Esquire
Attorney for Plaintiff
Pa. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
(717) 697-7050
Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
SANDY POINT PROPERTIES, LTD., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
EGARD B. COOVER, also known as:
EGARD COOVER, 08 - 5386
and KATHLEEN DIAZ, .
Defendants
COMPLAINT
Plaintiff, Sandy Point Properties, LTD, by and through
counsel of Andrew C. Sheely, Esquire, hereby files this
Complaint and respectfully states as follows:
1. Plaintiff is Sandy Point Properties, LTD, a Pennsylvania
Corporation with a duly registered address of 283 Echo Road,
Carlisle, Pennsylvania
2. Defendant Egard B. Coover, also known as Egard Coover
(hereinafter referred to as Defendant Coover), is an adult
individual with a current address of 7 Wilbert Drive, Carlisle,
Pennsylvania.
3. Defendant Kathleen Diaz (hereinafter referred to as
Defendant Diaz) is an adult individual with a current address of
a current address of 7 Wilbert Drive, Carlisle, Pennsylvania.
4. Plaintiff is the owner of real estate and improvements
thereon including a manufactured home in which Defendant Coover
and Defendant Diaz resides at 7 Wilbert Drive, Carlisle, PA.
5. On or about August 29, 2007, Plaintiff entered into a
Lease Agreement with Defendant Coover and Defendant Diaz for the
lease of an existing residence located at 7 Wilbert Drive,
Carlisle, Pennsylvania. A copy of the Lease Agreement is
attached hereto as Exhibit "A".
6. The Lease Agreement requires that Defendant Coover and
Defendant Diaz make monthly lease payments of $575.00 to
Plaintiff.
7. The Lease Agreement further requires that Defendant
Coover and Defendant Diaz pay Plaintiff for monthly water and
sewer charges for water usage exceeding 3,000 gallons per month.
8. Rent payments and essential water and sewer charges are
due on the first on the month.
9. On or about January 8, 2008, Plaintiff directed a
letter to Defendant Coover and Defendant Diaz advising that
Defendants were in default for failing to pay monthly rent, and
water/sewer charges in accordance with the Lease Agreement.
10. On or about February 17, 2008, a Notice to Quit was
directed to Defendant Coover and Defendant Diaz advising them to
surrender the premises for failure to pay rent for the month of
February 2008 and that eviction proceedings would be commenced
by February 23, 2008 if rent were not paid by such date.
2
11. On or about March 11, 2008, a Notice to Quit was
directed to Defendant Coover and Defendant Diaz advising them to
surrender the premises for failure to pay rent for the month of
March 2008 and that eviction proceedings would be commenced by
March 16, 2008 if rent was not paid by such date.
12. On or about April 14, 2008, a Notice to Quit was
directed to Defendant Coover and Defendant Diaz advising them to
surrender the premises for failure to pay rent for the month of
April 2008 and that eviction proceedings would be commenced by
April 19, 2008 if rent were not paid by such date.
13. On or about June 24, 2008, Plaintiff directed a
written letter to Defendant Coover and Defendant Diaz advising
them of outstanding amounts due for unpaid water and sewer
charges for the months of March, April, May and June of 2008.
14. The total amount owed for unpaid sewer and water bills
for the months of March, April, May and June of 2008 equal
$371.70.
15. Copies of the written letters and Notices to Quit
identified in paragraphs 9 - 14 are attached hereto as Exhibit
,IB„
16. Defendant Coover and Defendant Diaz have permitted
individuals not identified on the lease to reside with
Defendants in the leased property.
3
17. Plaintiff desires to terminate the Lease Agreement
with Defendant Coover and Defendant Diaz due to Defendants
failure to pay rent, failure to pay for essential water and
sewer charges exceeding reasonable amounts and allowing
unauthorized persons to live and reside within Plaintiff's
personal and real property.
18. Defendant Coover and Defendant Diaz failed to pay
monthly rent for the month of August 2008 in the amount of
$575.00.
19. Defendant Coover and Defendant Diaz failed to pay
monthly rent for the month of September 2008 in the amount of
$575.00.
20. Defendant Coover and Defendant Diaz failed to pay
water and sewer bills for the month of August and September
2008.
21. Unpaid rent due and owing Plaintiff from Defendant
Coover and Defendant Diaz equals $1,150.00.
22. Unpaid sewer and water bills owing Plaintiff from
Defendant Coover and Defendant Diaz equal $371.70, together with
unpaid sewer and water charges for August and September 2008.
23. Despite repeated and reasonable requests, Defendants
have failed to pay monthly lot rent, water and sewer and
4
associated enforcement charges in violation of the Lease
Agreement.
COUNT I. BREACH OF LEASE AGREEMENT
Plainfiff v. Defendant Coover
24. Paragraphs 1 through and including 23 are incorporated
herein by reference thereto.
25. Defendant Coover breached the Lease Agreement by
failing to pay required monthly lease payments for the months of
August and September of 2008.
26. Defendant Coover breached the Lease Agreement by
failing to pay sewer and water bills in the amount of $371.70
together with unpaid water and sewer bills for the months of
August and September of 2008.
27. Plaintiff provided adequate and lawful notice to
Defendant Coover that subsequent violations of the Lease
Agreement would result in eviction proceedings in accordance
written directives to Defendant Coover.
28. Plaintiff is entitled to agreed upon rent payments in
accordance with the Lease Agreement.
29. An amount of One Thousand Five Hundred Twenty One
Dollars and seventy ($1,521.70) is currently due Plaintiff from
Defendant Coover, together with accruing rent, and for accruing
5
water/service charges from August of 2008 to the date of final
judgment.
30. The amount sought herein is within amounts requiring
arbitration.
WHEREFORE, Plaintiff, Sandy Point Properties, LTD,
respectfully requests that this Honorable Court enter judgment
in favor of Plaintiff and against Defendant Coover in the amount
of one Thousand Five Hundred Twenty One Dollars and seventy
cents ($1,521.70), and for accruing water/service charges from
August and September of 2008, evict Defendant Coover from 7
Wilbert Drive, Carlisle, Cumberland County, Pennsylvania,
together with costs and accrued rents and unpaid water/sewer
service charges due and owing to Plaintiff as the date of
judgment.
COUNT II. UNJUST ENRICHMENT/QUANTUM MERIT
Plaintiff V. Defendant Coover
31. Paragraphs 1 through and including 30 hereinabove are
incorporated herein by reference thereto.
32. Defendant Coover has been unjustly enriched in the
amount of One Thousand Five Hundred Twenty one Dollars and
seventy cents ($1,521.70), together with accruing water and
sewer charge amounts for August and September 2008, by
exclusively occupying Plaintiff's real and personal property
6
and using essential sewer and water services without paying for
such, all to Plaintiff's detriment.
33. As a result of residing within Plaintiff's property
and on Plaintiff's real property, Defendant Coover has
exclusively benefited while simultaneously depriving Plaintiff
of the full use and enjoyment of Plaintiff's property.
WHEREFORE, Plaintiff, Sandy Point Properties, LTD,
respectfully requests that this Honorable Court enter judgment
in favor of Plaintiff and against Defendant Coover in the amount
of One Thousand Five Hundred Twenty One Dollars and seventy
cents ($1,521.70), and for accruing water/service charges from
August and September of 2008, evict Defendant Coover from 7
Wilbert Drive, Carlisle, Cumberland County, Pennsylvania,
together with costs and accrued rents and unpaid water/sewer
service charges due and owing to Plaintiff as the date of
judgment.
COUNT III. EJECTMENT
Plaintiff v. Defendant Coover
34. Paragraphs 1 through and including 33 are incorporated
herein by reference thereto.
35. Plaintiff desires to terminate the Lease Agreement
with Defendant Coover and regain possession of Plaintiff's
personal and real property at 7 Wilbert Drive, Carlisle,
Pennsylvania.
7
36. Despite reasonable and repeated requests, Defendant
Coover has repeatedly failed to pay lot rent and essential sewer
and water service charges per the Lease Agreement.
37. Defendant Coover refuses to leave and move from the
leased premises.
38. Plaintiff is entitled to immediate and exclusive
possession of Plaintiff's real and personal property located at
7 Wilbert Drive, Carlisle, Pennsylvania, which Defendant Coover
occupies, resides and uses for residency and storage of personal
property, all without lawful right.
WHEREFORE, Plaintiff, Sandy Point Properties, LTD,
respectfully requests that this Honorable Court enter judgment
in favor of Plaintiff and against Defendant Coover, and that
this Honorable Court eject Defendant Coover from Plaintiff's
property, together with an order directing that Defendant Coover
remove all of his personal property from the person and real
property owned by Plaintiff.
COUNT IV. BREACH OF LEASE GREEMENT
Plainfiff V. Defendant Diaz
39. Paragraphs 1 through and including 38 are incorporated
herein by reference thereto.
40. Defendant Diaz breached the Lease Agreement by failing
to pay required monthly lease payments for the months of August
and September of 2008.
8
41. Defendant Diaz breached the Lease Agreement by failing
to pay sewer and water bills in the amount of $371.70 together
with unpaid essential water and sewer service bills for the
months of August and September of 2008.
42. Plaintiff provided adequate and lawful notice to
Defendant Diaz that subsequent violations of the Lease Agreement
would result in eviction proceedings in accordance written
directives to Defendant Diaz.
43. Plaintiff is entitled to agreed upon rent payments in
accordance with the Lease Agreement.
44. An amount of One Thousand Five Hundred Twenty One
Dollars and seventy ($1,521.70) is currently due Plaintiff from
Defendant Diaz, together with accruing rent, and for accruing
water/service charges from August of 2008 to a judgment date.
45. The amount sought herein is within amounts requiring
arbitration.
WHEREFORE, Plaintiff, Sandy Point Properties, LTD,
respectfully requests that this Honorable Court enter judgment
in favor of Plaintiff and against Defendant Diaz in the amount
of One Thousand Five Hundred Twenty One Dollars and seventy
cents ($1,521.70), for accruing water/service charges from
August and September of 2008, evict Defendant Diaz from 7
Wilbert Drive, Carlisle, Cumberland County, Pennsylvania,
9
together with costs and accrued rents and unpaid water/sewer
service charges due and owing to Plaintiff as the date of
judgment.
COUNT V. UNJUST ENRICHMENT/OUANTUM MERIT
Plaintiff v. Defendant Diaz
46. Paragraphs 1 through and including 45 hereinabove are
incorporated herein by reference thereto.
47. Defendant Diaz has been unjustly enriched in the
amount of One Thousand Five Hundred Twenty One Dollars and
seventy cents ($1,521.70), together with unpaid accruing water
and sewer charge amounts for August and September 2008, by
exclusively occupying Plaintiff's property and using essential
sewer and water services without paying for such, all to
Plaintiff's detriment.
48. As a result of residing within Plaintiff's property
and on Plaintiff's real property, Defendant Coover has
exclusively benefited while simultaneously depriving Plaintiff
of the full use and enjoyment of Plaintiff's property.
WHEREFORE, Plaintiff, Sandy Point Properties, LTD,
respectfully requests that this Honorable Court enter judgment
in favor of Plaintiff and against Defendant Coover in the amount
of One Thousand Five Hundred Twenty one Dollars and seventy
cents ($1,521.70), and for accruing water/service charges from
10
August and September of 2008, evict Defendant Coover from 7
Wilbert Drive, Carlisle, Cumberland County, Pennsylvania,
together with costs and accrued rents and unpaid water/sewer
service charges due and owing to Plaintiff as the date of
judgment.
COUNT VI. EJECTMENT
Plaintiff V. Defendant Diaz
49. Paragraphs 1 through and including 48 are incorporated
herein by reference thereto.
50. Plaintiff desires to terminate the lease agreement
with Defendant Diaz and regain possession of 7 Wilbert Drive,
Carlisle, Pennsylvania.
51. Despite reasonable and repeated requests, Defendant
Diaz has repeatedly failed to pay lot rent and essential sewer
and water service charges in accordance with the Lease
Agreement.
52. Defendant Diaz refuses to leave and move from the
leased premises.
53. Plaintiff is entitled to immediate and exclusive
possession of Plaintiff's real and personal property located at
7 Wilbert Drive, Carlisle, Pennsylvania which Defendant Diaz
occupies, resides and uses for residency and storage of personal
property, all without lawful right.
11
WHEREFORE, Plaintiff, Sandy Point Properties, LTD,
respectfully requests that this Honorable Court enter judgment
in favor of Plaintiff and against Defendant Diaz, and that this
Honorable Court eject Defendant Coover from Plaintiff's
property, together with an Order directing that Defendant Diaz
remove all of her personal property from the person and real
property owned by Plaintiff.
Respectfully submitted,
Date: September 26, 2008
Andrew C. Sheely, Esquire
Attorney for Plaintiff
Sandy Point Properties, LTD
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717-697-7050
12
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that unsworn statements herein are
made subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unsworn falsification to authorities.
DATE: September 2008
Rodge b1fl C. Diehl, Sr.
Agent for Sandy Point
Properties, LTD.
Exhibit "A"
LAM
'his agreement is made the ?29d' day of August. 2007 between Sandy Point
,roperties, LTD. as Landlord and Eprd B. Coover & IC:athleen Diaz
s TENANT. By this agreement the LANDLORD leases to the TENANT the house/apartment/garage at
Wilbert Drive. Carlisle. PA. 17015 To be used as a r si t and for no other purpose for the term of
.Months. Beginning the 1 st day of Setttember ? Two thousand and sever , (200
nd ending the last day of February„_, Two thousand and eiah, X2008) at the rent of
Five hundred seventy-five anal no cents dolIM aer term, payable
z advance monthly on the I" day of each month in equal monthly installments
f _ 575.00 dollars to Sandy Point Protaerties. LTD.
I mail slot of concrete building or any other place which the
ANDLORD may designate. Rental payment for a partial month of occupancy may be prorated. Rent
due without demand.
i'he LANDLORD acknowledges receipt from the tenant of five hundred my?ty-ixy? liars and no cents !$575 001
?ollars as a security deposit to be held by the LANDLORD for the rental term in accordance with the provisions of the
cnnsylvania Landlord Tenant Act of 1951 as amended. NO PART OF THE SECURITY DEPOSIT IS TO BE
ONSIDERED AS THE LAST RENT PAYMENT DUE UNDER THE TERMS OF THIS LEASE.
ent shall be considered overdue if not received by the day specified above, and if the overdue continues for five days or
yore, the TENANT agrees to pay a late charge of 3,0.00. A check that is returned without payment by the bank will not
considered payment for the rent and all costs of that check will be the responsibility of the TENANT.
t the end of the term stated in this lease, either the LANDLORD OR THE TENANT may terminate this lease by giving
to other party written notice of at least 3Q DAX ,
Vithout such notice this lease shall continue under the same terms and conditions in force at the end of the term for a
xther period of 30 DAYS and so on from February 28. 2008 until terminated by either party giving the other 3U days
ritten notice,
the TENANT moves with the consent of his LANDLORD prior to the termination date set forth in this agreement, or any
newal thereof; the TENANT must give one month's written notice in advance, all rent must be paid prior to the moving
ae, and JME months additional rent must be 7paid time of giving notice of the early termination.
kNDLORD INITIALS & DATE T INITIALS AND DA Lr
ai
P the rent is not paid when due, or in case of a breach or evasion or an attempt to break or evade any part of the agreement,
r if the tenant engages in illegal activities on the premises, the entire rent for the full term of the lease shall become due
nd payable, and the LANDLORD may terminate the lease and repossess the premises without any notice whatsoever.
f the LANDLORD accepts any of the rent at any time after it has become due, after default has been made in the payment
,f the rent, or fails to enforce any of the rights of the LANDLORD or any of the penalties at any other time. An attempt to
ollect the rent by one means does not waive the right to collect it by any other means.
f the TENANT becomes insolvent, makes an assignment for the benefit of creditors, commits any act of bankruptcy, files
voluntary petition in bankruptcy, or if a judgement is entered or an involuntary petition of bankruptcy is filed against the
'ENANT, all the rent for the full term of the lease shall become due and collectable immediately.
ENANT has no right to assign or sublease the premises.
Fthe LANDLORD gives one month's written notice prior to the end of any term of his intention to change the terms and
onditions of the lease and the TENANT remains in possession of the property after the effective date of this notice, the
ENANT will be considered as a TENANT under the terms and conditions of the notice. LANDLORD may make
djustments covering any price increases in the cost of utilities or services upon giving the TENANT one month's notice.
'the TENANT vacates the premises leaving behind and abandoning any personal property after a-reasonable opportunity
y remove it, LANDLORD is authorized and empowered to sell and dispose of this property in any manner whatsoever.
ANDLORD has no liability or responsibility to account to the TENANT for the disposal of this property.
'the LANDLORD or the TENANT are members of the Armed Forces of their respective countries on active duty and the
ANDLORD receives permanent change of station orders to return to, or the TENANT receives permanent change of
ration orders to depart from, the area where the premises are located, or if either party is relieved from active duty, or if the
ENANT is assigned government quarters, either party may terminated this lease upon giving at least one month's written
atice to the other party with a copy of the official orders warranting such termination attached to the notice.
ENANT will return all keys to the LANDLORD upon the end of the term of the lease. A charge of $25.00 will be made
the keys are not returned. TENANT shall not install any new or additional locks without LANDLORD'S permission.
ANDLORD reserves the -right to enter upon the premises at reasonable times for the purpose of making necessary
spection, making repairs, or showing the premises to prospective purchasers or tenants, and to display "for rent" or "for
.le" signs.
ENANT must keep the -tempeerature in the mobile home at 55 degrees or higher at all times.
k LORD INITIALS & DATE
K-D - "__07
TENANT INITIALS & DATE
he `premises may be occupied and used as a sr,eiaent by the following persons only:
,gird B. Cower & Kathleen Diaz
Itility charges are to be paid: services and appliances provided as follows:
LANDLORD TENANT
[EATING to be paid by x
[EATING of water to be paid by x
LEC71`RICITY to be paid by x
SAS to be paid by x
DATER & SEWER to be paid by Up to 3000
gallons a month After 3000 gallons
a month
RASH REMOVAL to be 'd by x
AWN CARE provided by ' X _
NOW REMOVAL pEovided.by
TOvided
' x
.EI;RIGERATOR provided by
DASHER provided by N/A
iRYER provided by _ N/A
JASH.ER Connection X
PRYER Connection X
DEHUMIDIFIER provided by_ N/A
JR CONDITIONER provided by X
et of Keys given SwF v?7 ?oQ ?r/V/+c iL- M 6x
mount of kerosene in tank when tenants move in It-c..' le
amping of fuel from the Kerosene tank is prohibited. If there is more fuel in the tank when the tenants move out then the
nount that was in the tank when the tenant moved in Sandy Point Properties, LTD. will pay the tenant the difference.
andy Point Properties, LTD, provides smoke alarms in the home. It is the tenant's responsibility to keep current batteries
i the smoke detectors and notify Sandy Point Properties, LTD. of any inoperable detectors.
ENANT is subject to a deduction of Security Deposit if the place is not in the same condition when rnoved in.
ENANT agrees to abide by Municipal Regulations for Trash & Recycling.
A,NDLORD shall have the right to stop the services of any utilities, temporarily, in the event of a malfunction or to
cilitate alterations and/or, repairs.
the premises are totally destroyed or damaged by fire, the lease ends on the day the TENANT moves out, If the damage
partial and repairable, the TENANT may choose to stay if the damages can be repaired within a reasonable time.
-:NANT shall not use any method of heating other than that supplied by the LANDLORD without LANDLORD'S
xmission.
ENANT will pay the cost of any or all repairs of any kind whatsoever occurring after the -beginning of this lease where
e individ cost of each repair is less than .00 .
c,-u '?lA -
7. LL!
kNMORD INITI S & DATE T NT INITIALS & DATE
The TENANT rents the premises in their existing "as is" condition. The TENANT agrees to keep the, pr rises in a good
state of preservation and cleanliness. No apartment hallways or stairways shall be used for an), purpose other than entrant
and exit. Common areas will not be used for storage. TENANT shall not permit objects to be swept, thrown, shaken or
hung from window, doors or balconies. TENANT shall not use plumbing or electrical equipment for any purpose other
than those for which they were constructed. Any damages to all plumbing equipment caused by misuse or negligence will
be repaired at the expense of the TENANT. Floors will be properly maintained and any rugs hirnished.by the
LANDLORD will be cleaned upon departure. Washers, dryers and dishwashers may be used only with the.LANDLORD'
permission.
Window shades, curtains, and curtain rods may be installed only with the LANDLORD'S permission. On paneled walls,
nails for hanging pictures may only be placed in the grooves of the paneling. No picture hooks. nails, I etc. larger than the
nail for a 101b. Picture hook may be installed without the express permission of the LANDLORD.
No dogs, cats, pets or animals may be kept on the premises without the written permission of tb e LANDLORD.
No boats and no motor vehicles other than a licensed private passenger automobile may be parked on the premises without
the permission of the LANDLORD.
YENANT shall not make or allow disturbing noise to be made within the premises that annoys ether tenants or neighbors
nr interferes with their right of quiet enjoyment. No instruments that create or reproduce soundi that may be heard beyond
the confines of the premises shall be played between the hours of 10:00 P.M. and 8:00 A.M.
TENANT shall not do or allow any activities injurious to the premises, or the other tenants, or which will adversely affect
the LANDLORD's insurance on the property. LANDLORD shall not be liable for property damage or personal injury on
ais property unless the damage or injury results directly from the LANDLORD's gross negligence.
THIS AGREEMENT IS A BINDING CONTRACT.
LANDL
LANDLORD
TENANT
TENANT
TENANT
Exhibit ##B"
Sander Point Properties, .STD.
{
JfiC ide' /..limestone Wanor/Evani& Court
JVod ife `1'-lome Communities
T. O. Owc 1384
Cadui fe, T,4 17013
Tfum%Fa x7'17-243-3225
Please list all people over 18 years old living in your resident:
Eclat- d co o v, e r-
V-af V7I e(- re cwv -e-r_- _-- - - - - -
Please list all people under the age of 18 old living in your resident:
-- c), N oN r) c, Coavcx-
Sandy Toint T'roperties, .STD.
,fiC,side /Limestone 9V anor / Evandale Court
Wo6ile J Tome Communities
TO. (Box 1384
Carfsfe, {PA 17013
January 8, 2008
Egard B. Coover
Kathleen Diaz
7 Wilbert Drive
Carlisle, PA 17015
Re: January's rent
Egard & Kathleen:
Thone 717-243-3225
This is to notify you that you are in default under the terms of your lease as you-have failed to
pay your rent, and/or water and sewer when due. As you know, rent and/or water and sewer
are due on the first of the month. The grace period of five days has now expired. A late charge
of $25.00 plus $1,00 a day till paid is now due, in addition to your rent and/or water and sewer.
An additional late charge late charge of $25.00 will be imposed if your rent and/or water.and
sewer are not paid by the end of this month. There will be an additional $25.00 late charge for
every succeeding month that rent and/or water and sewer remains unpaid. The rent and/or
water and sewer must be actually received by us to be counted as paid.
t Mgt. $19.98 water s w r 525.00late f lu a 1.00 a day till VOL is due
$575.00 _t -e
now:
LEGAL NOTICE
This is to notify you that unless your rent and/or water & sewer is paid in full within 30
days from the date of service of this notice an eviction proceeding against you may be
commenced. In other words, unless you pay the rent, water and sewer due within that time
period you will be sued in court for the rent and/or water, and sewer and for eviction to be
removed from the Mobile Home Park. At that time you will also be responsible for additional
costs and fees associated with that legal proceeding. This notice is given pursuant to 68
P,S.§398.3(b)(2xi).
Please ensure that your rent and/or water, sewer and late fees are paid
immediately in order to avoid further late fees, collection fees, and eviction.
Sincerely yours,
Sandy Point Properties, LTD.
Sandy (Point properties, LTD.
Yile /Limestone Wanor/Evandale Court
Wo6ile Come Communities
T. O. Oo. 1384
Ca,rCuk SPA 17013
Thane 717-243-3225
February 17, 2008
Egard Coover
Kathleen Diaz
7 Wilbert Drive
Carlisle, PA 17015
RE: February's rent
Egard & Kathleen:
In accordance with Act 261 (The Mobile Home Rights Act), you are being
notified of non-payment of rent for the month of February 2008. Since you have had a
prior QUIT AND DELEIVER UP TO THE PREMISES NOTICE with in the last six
month's, Sandy Point Properties is not required to give you another 30 day notice of
intent to evict. This means that you may be evicted at anytime. Please pay the over due
rent and late fees on or before February 23, 2008 or there will be an eviction hearing
pertaining to this matter. If Sandy Point Properties files for an eviction hearing and you
pay all monies owed to Sandy Point Properties prior to the actual the hearing, you will
still have to pay for the cost of the hearing. If you have any questions regarding; this
matter, please contact the office at 243-3225.
Sandy Point Properties, LTD.
Sandy Point 0-operties, LTD.
Yfi e /Limestone Manor/ EvandaCe Court
911o6iCe 9fome Communities
rP.O. Box 1384
Catfisfe, P-A 17013
March 11, 2008
Thone 717-243-3225
Egard Coover
Kathleen Diaz
7 Wilbert Drive
Carlisle, PA 17015
RE: March's rent
Egard & Kathleen:
In accordance with Act 261 (The Mobile Home Rights Act), you are being
notified of non-payment of rent for the month of March 2008. Since you have had a
prior QUIT AND DELEIVER UP TO THE PREMISES NOTICE with in the last six
month's, Sandy Point Properties is not required to give you another 30 day notice of
intent to evict. This means that you may be evicted at anytime. Please pay the over due
rent and late fees on or before March 16, 2008 or there will be an eviction hearing
pertaining to this matter. If Sandy Point Properties files for an eviction hearing and you
pay all monies owed to Sandy Point Properties prior to the actual the hearing, you will
still have to pay for the cost of the hearing. If you have any questions regarding this
matter, please contact the office at 243-3225.
The late fee is $25.00 plus a dollar a day till paid.
Sandy Point Properties, LTD.
Sandy Toint Properties, LTD.
YfOide /Limestone Wanor/Evandale Court
914o6ile Yfome Communities
T 0. fax 1384
CarCule, T,,A 17013
Thone 717-243-3225
April 14, 2008
Egard Coover & Kathleen Diaz
7 Wilbert Drive
P.O. Box 1203
Carlisle, PA 17015
RE: April's rent
In accordance with Act 261 (The Mobile Home Rights Act), you are being
notified of non-payment of rent for the month of April 2008. Since you have had a prior
QUIT AND DELEIVER UP TO THE PREMISES NOTICE with in the last six month's,
Sandy Point Properties is not required to give you another 30 day notice of intent to evict.
This means that you may be evicted at anytime. Please pay the over due rent and late
fees on or before April 19, 2008 or there will be an eviction hearing pertaining to this
matter. If Sandy Point Properties files for an eviction hearing and you pay all monies
owed to Sandy Point Properties prior to the actual the hearing, you will still have to pay
for the cost of the hearing. If you have any questions regarding this matter, please
contact the office at 243-3225.
The late fee is $25.00 plus a dollar a day till paid.
Sandy Point Properties, LTD.
Sandy Point Properties, LTD.
Miff, ide /.Limestone Wanorl Evandafe Court
31obiCe .dome Communities
TO. BOX 1384
Carfufe, TA 17013
June 24, 2008
Egard Coover
Kathleen Diaz
7 Wilbert Drive
Carlisle, PA 17013
Re: water/sewer bills & late fees still owed
Tion%'ax, 717-243-3225
Here is a statement of what you still owe for the water/sewer and late fees
March water/sewer bill $59.40
April water/sewer bill $99.90
May water/sewer bill $107.10
June water/sewer bill $105.30
Total owed for water/sewer $371.70
Concerning your water/sewer usage, it is extremely high for anyone living in that home. Are you sure that there is not
a toilet that might be running a little bit or a dripping faucet? No one in the park has this high of water/sewer usage.
Late fee due to paying rent late. As explained before rent is due on the 1$` with a grace period till the 5`h. If we o
not received full payment by the 5a' then there is a $25.00 late fee plus a $1.00 a day till it is paid.
February's rent was paid on the 19`x' late fee should be $39.00 only paid $20.00 still owes $19.00.
March's rent was paid on the 16`s late fee should be $36.00 only paid $25.00 still owes $11.00.
April's rent was paid on the 15'h late fee should be $35.00 only paid $15.00 still owes $20.00.
May's (most of) rent paid on the 150' late fee should be $35.00 only paid $22.00 owes $13.00.
June's rent paid on the 11t` late fee should be $31.00 paid 0.00 owes $31.00.
Total owed on late fees is $94.00
Total owed for water/sewer and late fees are $465.70. We need this matter taken care of in 10 days. If you have
questions call us at 243-3225.
Also we did not receive any phone call before asking about your daughter moving in with her child. If you read i
rules we need in Writing anything like that. I have enclosed an application and we need her and any other adult
living there to fill it out. It doesn't mean that we will allow them to stay just because they filled out an applicatie
either.
Thank you,
Sandy Point Properties, LTD.
CERTIFICATE OF SERVICE
I, Andrew C. Sheely, Esquire, hereby certify that I am this
day serving the Complaint upon the following named individual
this day by depositing same in the United States Mail, First
Class, postage prepaid, at Mechanicsburg, Pennsylvania,
addressed as follows:
Geoffrey M. Biringer, Esquire
Mid Penn Legal Services
401 East Louther Street
Carlisle, PA 17013
Date: September 26, 2008
Andrew C. Sheely, Esquire
r? ?
C? ? -n
C" r.:?
C!"1 ? ^"!
;' ?' t.. C ?` ? ?tY S;.N
1 : t_, ?
__ `i
`.y, , y
SANDY POINT PROPERTIES, LTD
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
: No. 08 - 5386 - Civil Term
V.
EGARD B.COOVER, also known as,
EGARD COOVER, and
KATHLEEN DIAZ
: CIVIL ACTION - LAW
Defendants
PRAECIPE FOR ACCEPTANCE OF RENT ESCROW
To Curtis R. Long, Prothonotary:
Please accept $403 for rent escrow in the above-captioned case on behalf of the
Defendants pursuant to the supersedeas entered..
Respectfully submitted,
Date: ?r'U G
Geoffrey Biringer, Esquire
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
(717) 243-9400
v'
? G
n
-n
z
F
r
E t.J
t'r?
Co
-4-
A
A
b
r4
C
ON
T'-
1 ?
n
Andrew C. Sheely, Esquire
Attorney for Plaintiff
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
andrewc.sheel.y@verizon.net
SANDY POINT PROPERTIES, LTD., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
EGARD B. COOVER, also known as:
EGARD COOVER, 08 - 5386
and KATHLEEN DIAZ
Defendants
PRAECIPE TO RELEASE ESCROW FUNDS
PURSUANT TO PA MDJ 1008 (B)
Plaintiff, Sandy Point Properties, LTD, by and through
counsel of Andrew C. Sheely, Esquire, hereby files this Praecipe
to Release Escrow funds held by the Prothonotary and
respectfully states as follows:
1. This matter was initiated on September 10, 2008,
wherein Defendants filed a Notice of Appeal and an amount of
$202.00 was paid to the Prothonotary of Cumberland County.
2. Thereafter, Defendants paid an additional amount of
$403.00 on September 30, 2008.
3. Presently, an amount of $605.00 is believed to be held
in escrow with the Prothonotary of Cumberland County in
association with the above-referenced docket.
4. Plaintiff requests the release of all rent escrows held
by and paid to the Prothonotary of Cumberland County and paid to
Plaintiff, Sandy Point Properties, LTD.
5. Throughout the period of September 1, 2008 through the
date of this praecipe, Plaintiff continues to provide lot space
and services for the exclusive benefits of Defendants and
Plaintiff has not received September lot rent for such benefit.
6. This praecipe is not intended to waive, release or
modify the substantive rights of either party to pursue the
claims and demands raised in the underlying causes of action.
7. Pa MDJ Rule No. 1008(B) states that the Court shall,
upon application, release appropriate sums from the escrow
account on a continuing basis while an appeal is pending to
compensate the landlord during the tenant's actual possession
and use of the premises during the pendency of an appeal.
8. All escrow funds cannot be released without a Court
Order directing the Prothonotary to release escrow funds and
Defendants have consented to the proposed order attached hereto.
9. Defendants, through counsel Geoffrey Biringer, Esquire,
consented to the relief requested herein.
WHEREFORE, Plaintiff, Sandy Point Properties, LTD,
respectfully requests that this Honorable Court enter an Order
in accordance herewith.
/ Respe tfulll u ,
C??`? /` J=
October / 2008
Andrew C. Sheely, A y at Law
127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717-697-7050
717-697-7065 (fax)
2
CERTIFICATE OF SERVICE
I, Andrew C. Sheely, Esquire, hereby certify that I am this
day serving the foregoing Praecipe to Release Escrow Funds upon
the following named individual this day by depositing same in
the United States Mail, First Class, postage prepaid, at
Mechanicsburg, Pennsylvania, addressed as follows:
Geoffrey Biringer, Esquire
MidPenn Legal Services
401 East Louther Street
Carlisle, PA 17013
October 2008 zg?
Andrew C. Sheel , E quire
CD G
OCT 0 b [cud 6n
Andrew C. Sheely, Esquire
Attorney for Plaintiff
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
andrewc.sheely@verizon.ne
SANDY POINT PROPERTIES, LTD., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
EGARD B. COOVER, also known as:
EGARD COOVER, 08 - 5386
and KATHLEEN DIAZ
Defendants
P
ORDER OF COURT
AND NOW, this %N day of October, 2008, based upon the
attached Praecipe of Plaintiff to Release Escrow funds, the
Prothonotary of Cumberland County is directed to release all
funds held in escrow in the above-referenced docket, payable to
Plaintiff, Sandy Point Properties, LTD.
BY THE COURT,
?* _?' UtA - J.
drew C. Sheely, Esquire
Attorney for Plaintiff
J
,eoffrey Biringer, Esquire
Attorney for Defendants
? tf
1,0
PYS300D Cumberland County Prothonotary's Office
Case Cost & Fees
2008 - 05386 SANDY POINT PROPERTIES LTD (VS) COOVER EGARD ET AL
(X) Date Description Amount
_ 9/10/2008 RENT 202.00
9/30/2008 RENT 403.00
10/08/2008 RENT 605.00
1,210.00
This Screen Displays Cost & Fees ONLY; Not the Balance Due.
F2=Done F9=Add F10=Print F12=Cancel F13=Remarks
CUMBERLAND COUNTY
OFFICE OF THE PROTHONOTARY 1814
ESCROW ACCOUNT
` CUMBERLAND COUNTY COURT HOUSE
CARLISLE, PA 17013
DATE 10, ZOOS 60-1503/313
Oc o
PAY TO THE
e ORDER of Sandy Point Properties LTD 1 $ r 1, 210.00
,PROTNOLNOT&HY.UlOdd?OOot -DOLLARS
8
d§FV c
ugwrmN BANK
08-5386 Sandy Point vs Coover
11200113 L 411' 1:0 3 L 3 L 50 3 6i: 108 iii L LII'
X
r?
c:)
L
ip,
i7- C._J rL,i
CD L
C' v
I j? 16 -0 / A-c- -..,&
09272410102008 Cumberland County Prothonotary 's Office Page 1
PYS405 Manual Release Check Regi ster 10/10/2008
Escrow Tran Date
Distribution Case No Accounting Amount Date Release
---------------------------------------------------
3941 SANDY POINT PROPERTIES LTD Check Date: ----------
10/10/2008 -------------------
Check No.: 1814
RENT 2008- 05386 PYMT/CHECK 202.00 9/10/2008
RENT 2008- 05386 PYMT/CHECK 403.00 9/30/2008
RENT 2008- 05386 PYMT/CHECK 605.00 10/08/2008
Payee total:
---------------------------- 1210.00
----------
-------------------
-------------- ---------
Grand total: 1,210.00
SANDY POINT PROPERTIES, LTD
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
: No. 08 - 5386 - Civil Term
V.
EGARD B.COOVER, also known as,
EGARD COOVER, and
KATHLEEN DIAZ
: CIVIL ACTION - LAW
Defendants
PRAECIPE FOR ACCEPTANCE OF RENT ESCROW
To Curtis R. Long, Prothonotary:
Please accept $605 for rent escrow in the above-captioned case on behalf of the
Defendants pursuant to the supersedeas entered..
Respectfully submitted,
Date:
Geoffrey Biringer, Esquire
MidPenn Legal Services
401 B. Louther Street
Carlisle, PA 17013
(717) 243-9400
T° /...1
C,
,,
co
SANDY POINT PROPERTIES, LTD., : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PA
Vs.
CIVIL ACTION - LAW
EGARD B. COOVER, also known as
EGARD COOVER,
and KATHLEEN DIAZ,
Defendants
To: Andrew Sheely, Esquire (Attorney of Record for Sandy Point Properties, LTD)
You are hereby notified to file a written response to the enclosed Answer
to Plaintiff's Complaint with New Matter, Affirmative Defenses, and
Counterclaims, within twenty (20) days from service hereof or a judgment may be
entered against you.
By: 217
Geoffrey M. Biringer, Esq.
MidPenn Legal Services
401 E.Louther Street
Carlisle, PA 17013
(717)243-9400
SANDY POINT PROPERTIES, LTD., : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PA
VS. : CIVIL ACTION - LAW
EGARD B. COOVER, also known as
EGARD COOVER,
and KATHLEEN DIAZ,
Defendants
ANSWER, NEW MATTER, AFFIRMATIVE DEFENSES
AND COUNTERCLAIMS
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Admitted.
12. Admitted.
13. Admitted.
14. Denied. As more fully set out below in New Matter, Affirmative Defenses
and Counterclaims, these water bills were caused by leaking pipes and
appliances which, despite requests for repair, were not repaired by the
Plaintiff.
15. Admitted.
16. Denied. In January, 2008, with the knowledge and tacit approval of the
Plaintiff, Defendants' daughter and granddaughter moved in with the
Defendants.
17. Denied. Defendants are without knowledge sufficient to form a belief as to
the truth of the averments and demand strict proof thereof at trial.
18. Denied. All rents have been paid to date, either directly to the Plaintiff or into
escrow as a condition of their appeal.
19. Denied. September rent was paid into escrow as a condition of their appeal.
20. Denied. Defendants have not received water bills for August and September
and, by way of further response, have not used water/sewer in excess of that
amount allowed.
21. Denied. Defendants have paid all rent due and owing.
22. Denied. As more fully set out in New Matter, Affirmative Defenses and
Counterclaims below, the water bills were caused by unrepaired pipes and
appliances, not the responsibility of the Defendants.
23. Denied. As more fully set out in New Matter, Affirmative Defenses and
Counterclaims below, the water bills were caused by unrepaired pipes and
appliances, not the responsibility of the Defendants and Defendants, therefore,
are not in violation of the Lease Agreement.
24. No response required.
25. Denied. All rents have been paid.
26. Denied. Water/sewer bills for August and September have not been received
and the remaining bills were caused by unrepaired pipes and appliances, not
the responsibility of the Defendants.
27. Admitted.
28. Admitted.
29. Denied. Defendant has paid all rent due and owes no water/sewer charges as
the remaining bills were caused by unrepaired pipes and appliances, not the
responsibility of the Defendants.
30. Admitted.
WHEREFORE, Defendants demand that Plaintiff's complaint be dismissed and
judgment entered for Defendants.
31. No response required.
32. Denied. Defendant has paid all rent due and the remaining bills were caused
by unrepaired pipes and appliances, not the responsibility of the Defendants.
33. Denied. Defendant has paid all rent due and the remaining bills were caused
by unrepaired pipes and appliances, not the responsibility of the Defendants.
WHEREFORE, Defendants demand that Plaintiff's complaint be dismissed and
judgment entered for Defendants.
34. No response required.
35. Denied. Defendant is without information sufficient to form a belief as to the
truth of the allegations and strict proof thereof is demanded at trial.
36. Denied. Defendant has paid all rent due and the remaining bills were caused
by unrepaired pipes and appliances, not the responsibility of the Defendants.
0
37. Admitted.
38. Denied. As more fully set out below in New Matter, Affirmative Defenses
and Counterclaims, Plaintiff has not established a right to possession of the
leased premises.
WHEREFORE, Defendants demand that Plaintiff's complaint be dismissed and
judgment entered for Defendants.
39. No response required.
40. Denied. Defendant has paid all rent due.
41. Denied. Defendant owes no water/sewer charges as the remaining bills were
caused by unrepaired pipes and appliances, not the responsibility of the
Defendants.
42. Admitted.
43. Admitted.
44. Denied. As more fully set out below, Defendant owes no rent and owes no
water/sewer charges as the remaining bills were caused by unrepaired pipes
and appliances, not the responsibility of the Defendants.
45. Admitted.
WHEREFORE, Defendant demands that Plaintiff's complaint be dismissed and
judgment entered for Defendant.
46. No response required.
47. Denied. Defendant owes no rent and owes no water/sewer charges as the
remaining bills were caused by unrepaired pipes and appliances, not the
responsibility of the Defendants.
48. Denied. Defendant has lived up to all obligations pursuant to the Lease.
WHEREFORE, Defendant demands that Plaintiff's complaint be dismissed and
judgment entered for Defendant.
49. No response required.
50. Denied. Defendant is without information sufficient to form a belief as to the
truth of the averment and strict proof thereof is demanded at trial.
51. Denied. Defendant has paid all rent and lawful charges as per the lease
agreement.
52. Admitted.
53. Denied. Plaintiff has no right to possession as he has not established a cause
of action pursuant to the Lease agreement.
WHEREFORE, Defendant demands that Plaintiff's complaint be dismissed and
judgment entered for the Defendant.
NEW MATTER
54. Paragraphs 1-53 are incorporated herein by reference hereto.
55. On or abut March 1, 2008, and after paying water/sewer bills for $57 and $63
respectively, Defendants began to receive substantial water/sewer bills for the
first time.
56. Defendants attributed these bills, which they were never charged with before,
to two leaking commodes and a leaking kitchen sink.
57. Unable to stop the flow of water on their own, they appealed to the Plaintiff to
make repairs to stop the leaks.
58. Plaintiff was unwilling or unable to stop the aforesaid leaking pipes and
appliances.
59. From March, 2008 and through the present, Defendants use of water/sewer
services remained unchanged.
60. Due to the water leaks and Plaintiff's inability or unwillingness to make
repairs, the leased premises were worth no more than $475 per month from
March, 2008 to the present.
AFFIRMATIVE DEFENSES
1. PAYMENT OF RENT/WATER/SEWER CHARGES
61. Paragraphs 1-60 are incorporated herein by reference hereto.
62. Defendants have paid all rents due, and all lawful water/sewer charges that are
not attributable to leaking pipes and appliances.
WHEREFORE, Defendants demand that Plaintiff's complaint for possession and
damages be dismissed.
II. COMPLIANCE WITH LEASE OCCUPANCY REQUIREMENTS
63. Paragraphs 1-62 are incorporated herein by reference hereto.
64. Defendants moved in their daughter and granddaughter with the knowledge
and permission of the Plaintiff.
WHEREFORE, Defendants demand that Plaintiff's complaint be dismissed and
judgment entered for Defendants.
COUNTERCLAIMS
I. Warranty of Habitability
65. Paragraphs 1-64 are incorporated herein by reference hereto.
66. Plaintiff breached the warranty of habitability as to the Defendants by failing
to repair the leaking pipes and appliances after notice of the need for repair.
67. As a direct result, Defendants overpaid their rent by $100 per month for the
months of March, 2008 to August, 2008 for a total overpayment of $600.
WHEREFORE, Defendants demand that a judgment be entered against Plaintiff for
$600, plus any other costs and fees this Court deems proper, said amount being
subject to compulsory arbitration.
H. Unfair Trade Practice and Consumer Protection Law
68. Paragraphs 1-67 are incorporated herein by reference hereto.
69. In attempting to collect rent and water/sewer charges which the Plaintiff
knew Defendants were not responsible for, Plaintiff violated Pennsylvania's
Fair Credit Extension Uniformity Act, 73 P.S. §2270.4(b)(5)(ii) and. as a
result, Pennsylvania's Unfair Trade Practice and Consumer Protection Law.
70. Said violations caused the Defendants great harm and distress and caused
them to overpay their rent in the amount of $600.
WHEREFORE, Defendants demand that judgment be entered in their favor for treble
damages in the total amount of $1.800 and such fees and costs as this Court deems
proper, said amount being within the amount subject to compulsory arbitration.
Date:/D?! D RESPECTFULLY SUBMITTED:
MIDPENN LEGAL SERVICES
BY:
Geoffrey M.Biringer
401 E.Louther Street
Carlisle, PA 17013
(717)243-9400
Supreme Court ID#18040
CERTIFICATE OF SERVICE
I, Geoffrey M. Biringer, being a member in good standing of the Bar of
Pennsylvania, hereby certify that I served a true and correct copy of the foregoing
Answer, New Matter, Affirmative Defenses and Counterclaims to Plaintiff's Complaint
on this 21th day of October, 2008, by placing same in the United States mail, first
class, postage prepaid, addressed as follows:
Andrew C.Sheely,Esquire
127 S. Market Street
PO Box 95
Mechanicsburg,PA 17055
MIDPENN LEGAL SERVICES
By:
Geoffrey M. Biringer
Attorney for the Defendant
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
Supreme Court ID#18040
-
A
I
N ?.
_r
i"
Cr% .:;t
SANDY POINT PROPERTIES, LTD
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
: No. 08 - 5386 - Civil Term
V.
EGARD B.OOOVER, also known as,
EGARD COOVER, and
KATHLEEN DIAZ
: CIVIL ACTION - LAW
Defendants
PRAECIPE FOR ACCEPTANCE OF RENT ESCROW
To Curtis R. Long, Prothonotary:
Please accept $605 for rent escrow in the above-captioned case on behalf of the
Defendants pursuant to the supersedeas entered..
Respectfully submitted,
% J., %
Geoffrey Biringer, Esquir
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
(717) 243-9400
Date: /Az 16
16%
c Q.
v ell
W IN
--Jz? OCs
P
1
t?
N
III
l
. ,
Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
SANDY POINT PROPERTIES, LTD., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
EGARD B. COOVER, also known as:
EGARD COOVER, 08 - 5386
and KATHLEEN DIAZ
Defendants
REPLY TO DEFENDANTS COUNTERCLAIMS
Plaintiff (Counterclaim Defendant) Sandy Point Properties,
LTD., by and through Counsel of Andrew C. Sheely, Esquire,
hereby files this Reply to Defendants Counterclaims of
Defendants (Counterclaim Plaintiffs) Coover and Diaz, and
respectfully states as follows:
REPLY TO COUNTERCLAIM I - BREACH OF WARRANTY OF HABITABILITY
1. - 64. The allegations set forth in Plaintiff's
(Counterclaim Defendant's) Complaint set forth in paragraphs 1 -
64 are incorporated herein by reference.
65. No response required.
66. Denied and strict proof thereof demanded at trial,
hearing or arbitration. To the contrary, Plaintiff
(Counterclaim Defendant) at all times relevant hereto met the
warranty of habitability as to Defendants (Counterclaim
Plaintiffs) use of the leased premises. By way of further
reply, Plaintiff (Counterclaim Defendant) provided water
services for the exclusive benefit of Defendants (Counterclaim
Plaintiffs) who failed to respond to Plaintiff's (Counterclaim
Defendant's) inquiries as to high water usage reports throughout
the time periods in question.
67. Denied, and strict proof thereof demanded at trial,
hearing or arbitration. By way of further response, Defendants
(Counterclaim Plaintiffs) were charged by Plaintiff
(Counterclaim Defendant) for water provided for the exclusive
benefit of Defendants (Counterclaim Plaintiffs) who failed to
mitigate or minimize their damages by using water within the
scope of the lease agreement or by responding to Plaintiff's
(Counterclaim Defendant's) inquires within reasonable time
periods.
WHEREFORE, Plaintiff (Counterclaim Defendant) respectfully
requests dismissal of Count I of Defendant's (Counterclaim
Plaintiffs) Counterclaim, enter judgment in favor of Plaintiff
(Counterclaim Defendant), together with costs and fees deemed
appropriate by the Court.
REPLY TO COUNTERCLAIM II - UNFAIR TRADE PRACTICES AND CONSUMER
PROTECTION LAW
68. No response required.
69. The allegations contained in paragraph 69 are
conclusions of law to which no response is required. To the
extent a response is required, the allegations are denied, and
2
strict proof thereof demanded at trial, hearing or arbitration.
By way of further response, Defendants (Counterclaim Plaintiffs)
were billed for water usage in accordance with the terms of a
lease agreement executed between Plaintiff (Counterclaim
Defendant) and Defendants (Counterclaim Plaintiffs).
70. Denied, and strict proof demanded thereof at trial,
hearing or arbitration. By way of further response, Defendants
(Counterclaim Plaintiffs) repeatedly refused to contact
Plaintiff (Counterclaim Defendant) concerning Plaintiff's
(Counterclaim Defendant's) inquiries as to high water usage
levels created within the leased premises occupied by Defendants
(Counterclaim Plaintiffs).
WHEREFORE, Plaintiff (Counterclaim Defendant) respectfully
requests dismissal of Count II of Defendant's (Counterclaim
Plaintiff's) Counterclaim, enter judgment in favor of Plaintiff
(Counterclaim Defendant), together with costs and fees deemed
appropriate by the Court.
November "7 , 2008
Respectfully submitted,
>A*III1(2&J7
Andrew C. Sheely/, Esquire
PA ID 62469
Attorney for Plaintiff
(Counterclaim Defendant)
Sandy Point Properties, LTD
127 South Market Street
Mechanicsburg, PA 17055
717-697-7050 717-697-7065(fax)
andrewc.sheely@verizon.net
3
VERIFICATION
I verify that the statements made in this Reply of
Plaintiff (Counterclaim Defendant) to Counterclaim of Defendants
(Counterclaim Plaintiffs) Coover and Diaz are true and correct.
I understand that false statements herein are made subject to
penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn
falsification to authorities.
G(J
Date: November 2008 .
Rodge C. Diehl, Sr., Agent
Sandy Point Properties, LTD
CERTIFICATE OF SERVICE
I, ANDREW C. SHEELY, hereby certify that I served a
true and correct copy of Reply of Plaintiff Sandy Point
Properties, LTD (Counterclaim Defendant) to Counterclaims of
Defendants (Counterclaim Plaintiffs) Coover and Diaz upon all
counsel of record on the below listed dates by first class mail,
postage prepaid, and by fax transmission to the last known
address of the persons named below:
Geoffrey M. Biringer, Esquire
Mid Penn Legal Services
401 East Louther Street
Carlisle, PA 17013
November 200 l!
8
Andrew C. Shee , Attorney
r°:
Andrew C. Sheely, Esquire
Attorney for Plaintiff
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
andrewc.sheely@verizon.net
SANDY POINT PROPERTIES, LTD., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
EGARD B. COOVER, also known as:
EGARD COOVER, 08 - 5386
and KATHLEEN DIAZ
Defendants
JOINT PRAECIPE FOR COURT ORDER
Plaintiff, Sandy Point Properties, LTD, by and through counsel
of Andrew C. Sheely, Esquire, and Egard B. Coover, also known as
Egard Coover, and Kathleen Diaz, by and through counsel of Geoffrey
M. Biringer, Esquire, of MidPenn Legal Services, hereby file this
Joint Praecipe and hereby respectfully request the entry of a Court
Order in the form attached hereto.
By:
Andrew C. Sheely, Esquire
Attorney for Plaintiff
PA ID62469
127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
Date: December ZZ , 2008
r
By:
Geoffrey M. Biringer, Esq re
MidPenn Legal Services
Attorney for Defendant
PA ID 18040
401 E. Louther Street
Carlisle, PA 17013
Date: December /7 , 2008
Andrew C. Sheely, Esquire
Attorney for Plaintiff
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
andrewc.sheely@verizon.net
SANDY POINT PROPERTIES, LTD., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
EGARD B. COOVER, also known as:
EGARD COOVER, 08 - 5386
and KATHLEEN DIAZ
Defendants
STIPULATION, AGREEMENT AND RELEASE
This Stipulation, Agreement and Release (hereinafter
referred to as "Agreement") is made by and between Sandy Point
Properties, LTD, a Pennsylvania Corporation, (hereinafter
referred to as "Sandy Point"), and Egard B. Coover, also known as
Egard Coover, and Kathleen Diaz, (hereinafter collectively
referred to as "Coover and Diaz").
A. General Backaround
Sandy Point, Coover and Diaz entered into a lease agreement
on or about August 29, 2007 for the lease of real estate located
at 7 Wilbert Drive, Carlisle, Pennsylvania owned by Sandy Point.
During the term of the lease, various disputes arose between
Sandy Point, Diaz and Coover. Subsequently, Sandy Point
instituted an action for eviction, ejectment and monetary damages
against Coover and Diaz, and Coover and Diaz have filed a
counterclaim against Sandy Point for breach of the implied
warranty of habitability and unfair trade practices, all claims
and defenses thereto being filed and docketed in the Court of
Common Pleas of Cumberland County, Pennsylvania, docketed to No.
08 - 5386 Civil Term. During the term of said civil action,
Coover and Diaz paid various amounts to the Prothonotary of
Cumberland County. Presently, an amount of $610.00 remains held
by the Prothonotary in escrow in association with the pending
litigation. Sandy Point, together with Coover and Diaz, desire
to resolve the claims and counterclaims raised in the litigation
in accordance with the terms and conditions contained herein.
B. Settlement Terms and Conditions
Sandy Point, Coover and Diaz, desiring to fully and finally
resolve all litigation among them raised in the above-captioned
matter, including any and all causes of action or claims raised
therein, hereby agree as follows:
1. Possession of 7 Wilbert Drive Carlisle Pennsylvania
Sandy Point shall have full and exclusive possession of 7 Wilbert
Drive, Carlisle, Pennsylvania, formerly occupied by Coover and
Diaz in accordance with a lease agreement dated August 29, 2007,
effective as of December 3, 2008. Coover and Diaz shall make no
further claim to occupy the property referenced herein; and
2. Security Deposit. Sandy Point shall return in full the
security deposit in the amount of $575.00 deposited by Coover and
Diaz in August of 2007. Coover and Diaz agree that Sandy Point
has fully complied with the terms and conditions of the landlord
tenant law and the Mobile Home Parks Rights Act in distributing
the security deposit, and the terms of this Agreement shall be
2
construed as if Sandy Point had directly provided the security
deposit to Coover and Diaz in accordance with all applicable
laws. The amount of $575.00 shall be returned to counsel for
Coover and Diaz on or no later a period of three (3) days after
execution of this Agreement; and
3. Release of Escrow held by Court Sandy Point, Coover
and Diaz agree that an amount of $610.00 currently held by the
Prothonotary of Cumberland County shall be released by the
Prothonotary payable to Coover and Diaz pursuant to a Court Order
associated with a praecipe to release said funds. The check
issued by the Prothonotary shall be delivered to counsel for
Coover and Diaz; and
4. Release and Indemnification as to Fuel Oil Sandy Point,
Coover and Diaz acknowledge that Coover and Diaz caused the
filling of an oil tank with 200 gallons of fuel oil at the
property located at 7 Wilbert Drive, Carlisle, Pennsylvania on or
about November 18, 2007. Coover and Diaz agree to hold harmless
and indemnify Sandy Point from any and all claims, costs,
expenses, attorney fees or other charges, to the extent such
exist now or arise in the future, as to payment for the oil
delivery described herein made to 7 Wilbert Drive, Carlisle,
Pennsylvania on or about November 18, 2008. Sandy Point, Coover
and Diaz acknowledge that the release of the amount of escrow
held by the Prothonotary in the amount of $610.00 directly to
Coover and Diaz is made in lieu of a credit being given to Coover
and Diaz for filling the oil tank to a greater amount than when
3
Coover and Diaz commenced occupancy of 7 Wilbert Drive, Carlisle,
Pennsylvania; and
5. Settlement and Discontinuance of Civil Action Upon
execution of this Agreement, payment of the amount of security
deposit and release of the escrow funds in the amount of $610.00,
counsel for Sandy Point and counsel for Coover and Diaz shall
file a joint praecipe directing the Prothonotary of Cumberland
County, Pennsylvania, to mark the civil action docketed at 08-
5386 settled, satisfied and discontinued.
C. General Release
By executing this Agreement and compliance with the terms
contained herein, Sandy Point hereby releases, waives and forever
discharges Coover and Diaz from any and all claims, demands,
charges, penalties and causes of action which were raised or
could have been raised in the above-captioned civil action.
Likewise, Coover and Diaz hereby release, waive and forever
discharge Sandy Point from any and all claims, demands, charges,
penalties and causes of action which were raised or could have
been raised in the above-captioned civil action. However, Sandy
Point, Coover and Diaz agree and acknowledge that the releases
and waivers contained herein shall not impact or waive any claims
by or against either party for breach of the terms and conditions
of this Agreement should such occur in the future.
D. Order of Court
Sandy Point, Coover and Diaz agree that this Agreement
shall be submitted to the Court of Common Pleas and approved as
an Order of Court.
4
WITNESS:
J
Eg rd B. Coover, also known as
Egard Coover
Date: December lef, 2008
\--A CL!df? ' k-? 'e ) L- ?QA ru
Kat leen Diaz
Dater December 2008
Sandy oint Properties, L'
by Rog r Diehl, President
Date: December 7-Z, 2008
5
_? -;
?=??
._.a
--? _r,
'(" r
r T.?
fi?
tom.
`.?,
..,
t.? "?
,x
,, f,?
r?.-?
?'k,:;
CUMBERLAND COUNTY
OFFICE OF, THE PROTHONOTARY
ESCROW ACCOUNT
CUMBERLAND COUNTY COURT HOUSE
CARLISLE, PA 17013
1828
December 31, 2008 60-1503/313
DATE
PAY TOTHE
ORDER OF, FJa_rd R. Coover & Kathleen Diaz 605.00
CUMSEALAND PROTliON? floTOtA.g y,6O?do'i00.cts DOLLARS
OTH
?c
Ow?? rowN BANK
08-5386 - Release Rent - Sandy vs Coover
1000182811' 11:0 3 L 3 L 50 36i: L08 L L L L 7 111'
I
co
ez
L-_I
0 ??> -
PYS511 Cumberland County Prothonotary's Office Page
Civil Case Print
2008-05386 SANDY POINT PROPERTIES LTD (vs) COOVER EGARD ET AL
Reference No..: Filed........: 9/10/2008
Case T e.....: APPEAL - DJ Time.........: 11:36
Judgment..... .00 Execution Date 0/00/0000
Judge Assigned: Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments ------------- Higher Crt 1.:
FOR DEFTS Higher Crt 2.:
-------------------------------------------------------------------
11/07/2008 REPLY TO DEFTS COUNTERCLIMS - BY ANDREW C SHEELY ATTY FOR PLFF
-------------------------------------------------------------------
12/22/2008 JOINT PRAECIPE FOR COURT ORDER - BY ANDREW C SHEELY ATTY FOR PLFF
AND GEOFFREY M BIRINGER ATTY FOR DEFT
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
********************************************************************************
* Escrow Information
* Fees & Debits Bw*Bal Pmts/Add End Bal
************************************** ****** *******************************
RENT 202.00 202.00 .00
RENT 403.00 403.00 .00
RENT 605.00 605.00 .00
RENT 605.00 605.00 .00
------------------------ ------------
1815.00 1815.00 .00
********************************************* **********************************
* End of Case Information
************************************************ ***********************?,*l******
p d I (.Jl l?
15.?0--4-
?Lj 0.0 0 - Pa o L }
05. o d - Kemp" n T --
?O
P 01
PYS511 Cumberland County Prothonotary's Office Page
Civil Case Print
2008-05386 SANDY POINT PROPERTIES LTD (vs) COOVER EGARD ET AL
Reference No..: Filed........:
:
Time 9/10/2008
11:36
Case Type ..... : APPEAL - DJ
Judgment..... 00 .........
Execution Date 0/00/0000
Judge Assigned:
:
osed Desc
Dis Jury Trial....
Disposed Date.
0/00/0000
.
p
------------ Case Comments ------------- Higher Crt 1.:
Higher Crt 2.:
************************************************** ******************************
General Index Attorney Info
SANDY POINT PROPERTIES LTD PLAINTIFF
P 0 BOX 1284
283 ECHO ROAD
CARLISLE PA 17013
COOVER EGARD B DEFENDANT BIRINGER GEOFFREY M
7 WILBERT DRIVE
P 0 BOX 1203
CARLISLE PA 17013
DIAZ KATHLEEN DEFENDANT BIRINGER GEOFFREY M
7 WILBERT DRIVE
P 0 BOX 1203
CARLISLE PA 17013
********************************************************************************
* Date Entries
********************************************************************************
FIRST ENTRY - - - -
9/10/2008 APPEAL FROM DISTRICT JUSTICE JUDGMENT FILED BY GEOFFREY M BIRINGER
ESQ FOR PLFF
-------------------------------------------------------------------
9/10/2008 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
-------------------------------------------------------------------
9/10/2008 RENT PAID $202.00 BY KATHLEEN DIAZ
-------------------------------------------------------------------
9/10/2008 TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) FILED PURSUANT TO
PA RCPMDJ NO 1008C(2)
-------------------------------------------------------------------
9/10/2008 PRAECIPE TO PROCEED IN FORMA PAUPERIS - I BELIEVE THE PARTIES ARE
UNABLE TO PAY THE COSTS AND THAT I AM PROVIDING FREE LEGAL SERVICE
TO THE PARTY GEOFFREY M BIRINGER ESQ MPLS
-------------------------------------------------------------------
9/15/2008 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
- BY GEOFFREY M BIRINGER ATTY FOR EDGARD COOVER
-------------------------------------------------------------------
9/26/2008 COMPLAINT - BY ANDREW C SHEELY ATTY FOR PLFF
-------------------------------------------------------------------
9/30/2008 RENT PAID - $403.00 - BY GOEFFREY BIRINGER ESQ - ATTY FOR DEFTS
-------------------------------------------------------------------
10/03/2008 PRAECIPE TO RELEASE ESCROW FUNDS PURSUANT TO PA MDJ 1008 B - BY
ANDREW C SHEELY ATTY FOR PLFF
-------------------------------------------------------------------
10/08/2008 PRAECIPE FOR ACCEPTANCE OF RENT ESCROW OF $605.00 - BY GEOFFREY
BIRINGER ATTY FOR DEFTS
-------------------------------------------------------------------
10/08/2008 RENT PAID - $605.00 BY GEOFFREY BIRINGER ATTY FOR DEFT
-------------------------------------------------------------------
10/09/2008 ORDER OF COURT - DATED 10-08-08 - THE PROTHONOTARY OF CUMBERLAND
COUNTY IS DIRECTED TO RELEASE ALL FUNDS HELD IN ESCROW PAYABLE TO
SANDY POINT PROPERTIES LTD - BY THE COURT M L EBERT JR - COPIES
MAILED
-------------------------------------------------------------------
10/10/2008 CHECK ISSUED TO SANDY POINT PROPERTIES LTD IN THE AMOUNT OF
$1210.00 (CHECK 41813) CHECK PICKED UP BY ANDREW SHEELY 10-10-08
-------------------------------------------------------------------
10/21/2008 ANSWER NEW MATTER AFFIRMATIVE DEFENSES AND COUNTERCLAIMS - BY
GEOFFREY M BIRINGER ATTY FOR DEFT
-------------------------------------------------------------------
11/03/2008 RENT PAID - $605.00 BY ATTY BIRINGER FOR DEFTS
-------------------------------------------------------------------
11/03/2008 PRAECIPE FOR ACCEPTANCE OF RENT ESCROW - BY GEOFFREY BIRINGER ATTY
10114112312008 Cumberland County Prothonotary's Office Pagqe 1
PYS405 Manual Release Check Register 12/3I/2008
Escrow Tran Date
Distribution Case No Accounting Amount Date Release
--------------------------------------------------------------------------------
3947 COOVER EDGARD B &KATHLEEN DIAZ Check Date: 12/31/2008 Check No.: 1828
RENT 2008- 05386 PYMT/CHECK 605.00 11/03/2008
Payee total: 605.00
--------------------------------------------------------------------------------
Grand total: 605.00
LIEU" 2 3 Z'CQ* 5
SANDY POINT PROPERTIES, LTD., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
EGARD B. COOVER, also known as :
EGARD COOVER, : 08 - 5386
and KATHLEEN DIAZ, ,
Defendants
ORDER OF COURT
AND NOW, this qA day of '0e LP.%%Vr 200 upon
consideration of the Joint Praecipe and the attached Agreement,
the Prothonotary of Cumberland County is directed to release all
remaining funds held in Escrow by issuing a check payable to Egard
B. Coover and Kathleen Diaz. The escrow check issued by the
Prothonotary shall be forwarded to Geoffrey M. Biringer, Esquire,
of MidPenn Legal Services. The terms, conditions and
representations contained in the Stipulation, Settlement Agreement
and Release are hereby approved, and both parties are directed to
fully comply with the terms contained therein.
BY THE COURT,
- ?\ -? SA
M. L. Ebert, Jr., J.
drew C. Sheely, Esquire
Attorney for Petitioner
/eoffrey M. Biringer, Esquire
Attorney for Defendant
f?,?: 1 t f i l is 1
t 6Z 331 RON
ii_ I
Andrew C. Sheely, Esquire
Attorney for Plaintiff
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
andrewc.sheely@verizon.net
SANDY POINT PROPERTIES, LTD., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION- LAW
EGARD B. COOVER, also known as:
EGARD COOVER, 08 - 5386
and KATHLEEN DIAZ
Defendants
TO: CURTIS R. LONG, PROTHONOTARY,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
JOINT PRAECIPE TO SETTLE AND DISCONTINUE
Plaintiff, Sandy Point Properties, LTD, by and through counsel
of Andrew C. Sheely, Esquire, and Defendants, Egard B. Coover, also
known as Egard Coover, and Kathleen Diaz, by and through counsel of
Geoffrey M. Biringer, Esquire, of MidPenn Legal Services, hereby
file this Joint Praecipe to Settle and Discontinue the above-
captioned case.
By:
Andrew C. Sheely, Esquire
Attorney for Plaintiff
PA ID62469
127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
Date: December _S/ , 2008
By:
eoffrey M. iringer, Esqu• e
MidPenn Legal Services
Attorney for Defendant
PA ID 18040
401 E. Louther Street
Carlisle, PA 17013
Date: December Z- , 2008
ti"?
c,- ?
?.,?s
_
?
k+a} ..
??
?:?
?'?' 'j
?.
,
?
,?
,
«,,...
w x
.?