The URL can be used to link to this page

Home My WebLink About01-6567COMMOI~WEALTH O~ PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPE?/. ~3~0' O[ DISTRICT JUSTICE JUDGMENT COMMON PLEAS N& NOTICE OF APPEAL Notice is given that the ap~lant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the clate and in the case menfianed bela~ CE~LRY AND LYI~DA HECK~NDOF~I 09-3-02 C/O IR~/~N, Hcl~IG~T & ~-KS, 60 ~/EST PONFRET STREET, CARLISLE, PA zm CC3~3~ 17013-3222 DAI~ OF ,MDGMB, IT OCTOBER 22, 2001 DIANE ADAHS CLAIM NO CV 0000149-01 LT vs CERI~Y AND LYI~IDA HECKENDORN This block will be signed ONLY when this notation is required under Po. R£J).JJ~. Na 10088, This Notice of Appeal, when received by the Disfrict Justice, will operate as a SUPERSEDEAS to the judgme~ for possession in this cas~ Signature of Prothonotary or Deputy ff appellant was CLAIMANT (see Pa. R.C.P,J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of foew to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before D~s~ct Justice. IF NOT USED, detach from copy of notice of appeal to be sen/ed upon appellee). PRAECIPE: To Prothonotary D/~.~E ADAI4_S, 624 THRUSH COURT, HEC~AR/CSBU~C, PA Enter rule upon ~,~ of ~,~s/ 17055 RULE: To Name of al3~tee~s) , appellee(s), to file a complaint in this apped ) within twefltY (20) days ~vice/f~m. le;. suffer .entry of judgmg?.t of nan pros. , ..pdlee(s). (1) You ore notified that a role is hereby entered upon you to file a complaint in this appeal within tw~flty (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 JUDG/v~NT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of serYice of this rule if service was by mail is the date of m~lir~..t COURT FILE TO BE FILED WITH PROTHONOTARY AOPG 312-90 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 the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF .................................. ; SS AFFIDAVIT: I hereby swear or affiim thai I served r-I a copy of the Notice of Appeal, Commo~ Pleas N6: , upon the District Justice designated therein on ~ (date of service) ' - , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ....... on _, [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ...... [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS BAY OF Signature of affiant Title ol o~icial My commission expires on COMMONWEALTH OF PENNSYLVANIA ' COUNTY OF: COM~~ Meg. DiSL NO.~ 0g-3-02 Dd N~rne; Hon. HELEN B. Shu-ENBERGER ~re.: P.O. BOX 155 27 W. BIG SPRIN~ A~ ~ILLE, PA Telephone: (717) 776' 3187 17241 ATTORNEY DEF PRIVATE ATTY. DOUGLAS MILLER 60 W. POMFRET ST. CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~,DAM8, DIANE -I 624 THRUSH CT. MECHANICSBURG, PA 17055 VS. DEFENDANT: NAME and ADDRESS FHECFI~'NDORN, GF.R. RY, ET AL. 3900 WALNUT STREET HARRISBURG, PA 17109--222 L Docket No.: CV- 0000149 - 01 Date Filed: 9/26/01 J THIS IS TO NOTIFY YOU THAT: Judgment: J'~ Judgment was entered for: (Name) ~ Judgment was entered against: (Name) in the amount of $ c)1 q _ 1 cl on: i~ Defendants are jointly and severally liable. (Date of Judgment) (Date & Time) --]Damages will be assessed on: ~ This case dismissed without prejudice. ['~ Amount of Judgment Subject to AttachmentJAct 5 of 1996 $ ~] Levy is stayed for days or ~ generally stayed. ~] Objection to levy has been filed and hearing will be held: Amount of Judgment $ 853.69 :Judgment Costs $ 65.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 919.19 Post Judgment Credits Post Judgment Costs Certified Judgment Total Date: Time: Place: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF AppE,~,L_ WITH THE. PROTHONOTARY/'CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A cOpY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. I0--~)~'~)( Date ,~"~ ,Z~'/,~-,~,.~r~.~.~' , District Justice II certify that this is a true and correct copy of the record of the proceedings containing th~ judgment. I Date' District Justice I I My commission expires first Monday of January, AOPC 315-99 2006 SEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUt, IBE~T.~ND Mag. Dist. NO.~ 09-3-02 DJ Name: Hon. HELEN B. SHULENBERG]~[ A~ross: P.O* BOX 155 27 W. BIG SPRING A¥~,t~u~ NEWVILLE, PA Teleph0ne: (717) 776-3187 17241 ATTORNEY DEF PRIVATE : ATTY. DOUGLAS MILLE][ 60 W. POMFRET ST. CAELISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME ai3d ADDRESS FADAMS, DIANE '~ 624 THRUSH CT. MECHANICSB[TRG, PA 17055 VS. DEFENDANT: NAME and ADDRESS FHECKENDORN, GERRY, ET AL. 3900 WALnuT STREET HAEKISBUKG, PA 17109--222 L Docket No.: CV-0000149-01 Date Filed: 9/26/01 THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: (Name) ~ Judgment was entered against: (Name) A~AM~; ~TA'Iq~ in the amount of $ ql q _ 1 q on: (Date of Judgment) 10/~3/nl Defendants are jointly and severally liable. (Date & Time) --]Damages will be assessed on: r-]This case dismissed without prejudice. ~] Amount of Judgment Subject to Attachment/Act 5 of 1996 $ ~ Levy is stayed for days or ["-] generally stayed. [~ Objection to levy has been filed and hearing will be held: Amount of Judgment $ 853.69 Judgment Costs $ 65.50 interest on Judgment $ o 00 Attorney Fees $ .00 Total $ 919.19 Post Judgment Credits Post Judgment Costs Certified Judgment Total Date: Time: Place: ANY PARTY ~AS~HE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. 1~-O~ &~ ~ / Date .'~z~ /~.~ ~ , District Justice judgment' IDistriol Justice I certify that this iSDatea true and correct copy of the record of the proceedings containing th I My commission expires first Monday of January, AOPC 315-99 2006 SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED W/THIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ;ss AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No 01-6567 Civil upon the District Justice desinn ' (date of serv~c¢ November 26, 2001 " ..... , ~ atedtherelnon . - ~ uy personal service ~ b 'certified' re i ' ' receipt attached hereto, and upon the appellee, (name~ ~, a~ Ad~_ ~ Y ( ) ( g stered) ma~t, sender s ~ove~.= 2~., 200t B by personal service ~ by (certified~ (regist~)"~(aii; ;;~'S'~ ~t~o, ~ and further that I served the Rub to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ~o~embe~ 28. 200t ~ by personal service ~ by (certified) (registered) mail, senders rece'pt attach~d%eret- %7 SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _3r~ DAY OF Dec~mb_e_r 2001 ~¢y com'~msc r;xp (~ o~ ~ ~_~L. N~ ~m~ Public I My ~,od ExpI~. Sept. Me.r, ~nsy~nla A~a~n ~ N~a~ ~gnature efaffTant r Return Receipt Fee (Endorsement Required) 1,50 · Complete items 1, 2, ~ 3. ,adso complete bm 4 If Restricted [~llver~ is desired. · Ptiflt your name and address on rrm reverse ~ tha~ we can return the caxcl to you. · Attach this card to the back of rne matlplece, er on the front if 8pace permits. 1. Article Addmsse~ to: 27 W BZG ~ ~- ~v,u.. ~. t72,~z NOV 27 IRWIN, AAcKNIGH1 B.t Date of ~eltv~ D. lat~lveryat~;fcm~dlffem~fmmltem 17 i-lyes ff YES, ~t~ d~N~y ~ ~: ~No ~.1 ~ T~ " ~ ~ ~1 ~ ~ Mall ~ ~ R~ ~M~ ~ ~1~ a c.o... r r (Endorsement Required) Postmark Here B Cerri[x~t~ Items 1, 2, and 3. A.~o comp~te Item 4 If Re~trfc~ed Delivery Is de,ired. · I~flnt your name and address on the mveme ~o that we can return the card to you. · Attach thl~ card to the back of the malfplece, cron the f~ot if ~pace pemllts. 624 I~CHAI~C~BUR~pA 17055 O. Is d~lve~ address different flora item 17 COMMONWEALTH OF PENNSYLVANIA COONTY OF: CU~I~ER.[,NfD Mag. Dist Ne.: 09-3-02 DJ Name: Hon. HELEN B. SuU,.ENBERGER Address: P.O. BOX 155 27 W. BIG SPRING AVENu~ NEWVILLE, PA 17241 r~,epho.,: (717) 776 - 3187 AMOUNT DATE PAID FILING COSTS $ -- ~---..,~.~L_,'_,'_~_' / / SERV,NGCOSTS / / TOTAL $ / CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS I-Di ne L, Ac ms VS. DEFENDANT: NAME and AODRESS 39~ ~ln~+. Docket No.:dF_ Date Filed: TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $170'"/· ~ together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): whhe deFenct 's my I, ~"~i~¢q~ L. Ac[ziI'Y',S verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904)related to unsworn falsification to~ -- (Signature of Plaintifi-~ Authorized Plaintiffs Attorney: Address: Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert arthe hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow. If you are disabled and require assistance, please contact the Magisterial District office at the address above. AOPC 308A-98 COMMONWEALTH OF PENNSYLVANIA 'COONTY OF: CUM~E~I.~,ND Mag Dist. No,: 09-3-02 DJ Name: Non. Addre,$: P.O. BOX 155 27 W. BIG SPRING A%q~UE NEWViLLE, PA T.,.p,o,.: (717) 776-3187 17241 HELEN B. SHULENBE~GER P.O. BOX 155 27 W. BIG SPRING AVE~u~ NEWVILLE, PA 17241 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAMEandADDRESS 7ADAMS, DIANE 624 THRUSH CT. MECHANICSBU~G, PA 17055 VS. DEFENDANT: NAME a~ ADDRESS FHECKENDORN, GEKRY, ET AL. 3900 WALnuT STREET HA~EISBU~G, PA 17109--222 Docket No.: Cd'- 0000149 - 01 Date Filed: 9/26/01 _1 THIS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) ~ Judgment was entered against: (Name) FOR PLAINTIFF in the amount of $ ql q _ I q on: ~ Defendants are jointly and severally liable. --]Damages will be assessed on: --']This case dismissed without prejudice. Amount of Judgment Subject to ~---~ Attachment/Act 5 of 1996 $_ [--] Levy is stayed for days or [] generally stayed. '--]Objection to levy has been filed and hearing will be held: (Date of Judgment) (Date & Time) ln./~./nl Amount of Judgment $ 853.69 Judgment Costs $ 65.5(] Interest on Judgment $ .0(] Attorney Fees $ .0(] Total $ 919.1 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. / 0 ~ ~ ,'O/Date ,District Justice II certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, AOPC 315-99 2006 SEAL COMMONWEALTH OF PENNSYLVANIA · CO',JNTY OF: CUMBERLAND Mag. Dis~. NO,: 09-3-02 DJ Name: Hon. HE~.EN B. SHULENBERGER A~i~ss: P.O. BOX 155 27 W. BIG SPRING AVEnuE NEW~ILLE, PA T~,ephone= (717) 776-3187 17241 HELEN B. SHULENBERGER P.O. BOX 155 27 W. BIG SPRING AVENUE NEW~ILLE, PA 17241 NOTICE OF JUDGMENT/TRANSCRIP'i PLAiNTiFF: CIVIL CASE ~ADAMS, DIANE N^ME,,d ^DDRESS 624 ~USH CT. ~ICSB~G, PA 17055 VS. DEFENDANT: NAUE and ADD~ESS FHEC~, GE~Y, ET ~. 3900 W~ ST~ET ~ISB~G, PA 17109--222 lDocket No.: CV- 0000149 - 01 1 ~ Date Filed: 9/26/01 THIS IS TO NOTIFY YOU THAT: Judgment: J'~ Judgment was entered for: (Name) art~,l,l'R: TiTa'MI~ [] Judgment was entered against: (Name) in the amount of $ qlq.lq on: ~---] Defendants are jointly and severally liable. ~--'] Damages will be assessed on: [--~ This case dismissed without prejudice. Amount of Judgment Subject to [~] Attachment/Act 5 of 1996 $. ~ Levy is stayed for~. days or [] generally stayed. [~ Objection to levy has been filed and hearing will be held: FOR PLATNTI F~ (Date of Judgment) (Date & Time) !Amount of Judgment $ 853.69 Judgment Costs $. 65.50 Interest on Judgment $ .0 Attorney Fees $ .0 Total $ 919 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOT,CE OF APPEAL. I 0"~ ~ ~ 0 I Date ~ District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2006 SEAL AOPC 315-99 DIANE ADAMS, Pl~imftff GERRY AND LYNDA HECKENDORN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW : NO. 01-6567 CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. ffyou wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days at~er this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in wrifmg 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 fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE kAWYER 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 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 DIANE ADAMS, Plaintiff GERRY AND LYNDA HECKENDORN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 01-6567 CIVIL TERM COMPLAINT Diane Adams, by and through her attorney, THE LAW OFFICES OF PAUL BRADFORD ORR, Paul Bradford Orr, Esquire, claims damages of the Defendants upon a cause of action of which the following is a statement: 1. Plaintiff, Diane Adams, adult individual and citizen of the Commonwealth of Pennsylvania, who reside at 624 Thrush Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendants, Gerry and Lynda Heekendom, are husband and wife, adult individuals and citizens of the Commonwealth of Pennsylvania who reside at 3900 Walnut Street, Harrisburg, Dauphin County, Pennsylvania. 3. Property in question is located at 91 West Main Street, Plainfield, Cumberland County, Pennsylvania. 4. The facts and occurrences hereinafter related took place between June 1997 and April 2001. 5. Plaintiff owned the property located at 91 West Main Street, Plainfield, Cumberland County, Pennsylvania, along with the hot tub that was located on the property. 6. Said hot tub was installed approximately 20 years ago, and has not caused any problems in that time. 7. Defendants began to rent the property on which the hot tub is located in June of 1997. 8. When the Defendants approached the Plaintiffregarding renting the property, the Plaintiff explained that the hot tub needed special care (testing the water, adding chemicals, and setting up the filtering system), and that if they were not able to take care of it properly to let her know and she will take care of it. 9. The Defendants assured the Plaintiff, saying that they had a pool in the past, that they knew how to take care of it. 10. Approximately August of 1997, the Defendants contacted the Plaintiffand informed her that the blower pump in the hot tub was not functioning properly. Since the hot tub was old, the Plaintiff replaced the pump and allowed the Defendant to install it. 11. Not long at'tenvards, the Defendants contacted the Plaintiff again this time stating that the pump motor was not functioning properly. The Defendants also stated that they would no longer be using the hot tub because of the electric expense. 12. Since the Defendants were no longer using the hot tub, the Plaintiffrequested that they drain it and release the water that was held in the lower components of the filtering system. The Defendants subsequently assured her that they would take care of it. 13. In February of 2001, the Plaintiffinformed the Defendants that she was thinking of selling the property. The Defendants were thinking of purchasing the property, but didn't. At the walk through, the Plaintiffnoticed ice laying on the bottom of the hot tub, which signaled to her that they did not in fact drain it like she had requested. 14. The Defendant's vacated the property in April of 2001. 15. Subsequent to the Defendants vacating the premises, the Plaintiffeleaned the hot tub and tried to fill it when she noticed that it was not functioning properly. 16. After calling a repairman, she found that there were covers removed from the wiring harness and let~ lying on the ground, the GFCI switch had been pulled apart and was dangling by the wires, as was the light, and the switch, pump motor, and timer now showed extensive rust and corrosion. 17. Since the Defendants had not drained the hot tub like the Plaintiff had requested, the water froze in the chamber, expanded, and snapped the unit offofthe filter. 18. As a result of the aforesaid incidents, Plaintiffwas forced to replace a blower pump, a pump motor, GFCI plug, electric lite switch, air buttons, filter, lite pigtail, pump, spa cover, pressure switch, bromine, heater element, heater manifold, gasket current collector, thread bushing, heat lite indicator, thermostat, other items, shipping costs, and labor costs. COUNT I - NEGLIGENCE 19. Plaintiff incorporates by reference the allegations set forth in paragraphs one through eighteen above inclusive as though the same were fully set forth as length herein. 20. All of the resultant losses and damages sustained by the Plaintiff resulted directly and proximately from the reckless, wanton or negligent conduct of the Defendants in the following particulars: (a) failing to comply with the Plaintiffs requests; (b) failing to properly install the new pump; (c) failing to properly drain the hot tub and its components; (d) such other negligence which may be discovered at a later date. 21. As a direct and proximate result of the reckless, wanton or negligent conduct of the Defendants, Plaintiff suffered damages as set forth in paragraph eighteen. WHEREFORE, Plaintiff demands judgment against Defendants in an mount in excess of $1,707.00. Respectfully Submitted, LAW_OFFICES OF PAUL BRADFORD Paul Bradford Orr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No. 71786 ORR Attorney Verification I verify that the statements made in the foregoing document are true and correct. Some of the information may be known to me, but not to my client. I understand that false statements herein are made subject to the penalties of Pa. C.S. § 4904, relating to unsworn falsification to authorities. ~.~~ ~ ~& Paul Bradford On Esquire DIANE ADAMS, Plaintiff GERRY AND LYNDA HECKENDORN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW : NO. 01-6567 CML TERM CERTIFICATE OF SERVICE I hereby certify that on this date, ~ ] ~, 2001, I mailed a copy of the Complaint as captioned above to the following person at the following address by U.S. Mail, postage prepaid, ceaified mail, retum receipt requested to: Douglas G. Miller, Esquire Irwin MeKnight & Hughes West Pomfret Professional Building 60 West Pomfret Street Carlisle, ~ DIANE ADAMS, Plaintiff GERRY AND LYNDA HECKENDORN, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-6567 CIVIL 2001 TO: GERRY AND LYNDA HECKENDORN DATE OF NOTICE: January 22, 2002 IMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator, Fourth Floor Cumberland County Court House Carlisle, PA 17013 Phone: (717) 240-6200 Paul Bradford Orr 50 East High Street Carlisle, PA 17013 (717) 258-8558 DIANE ADAMS, Plaintiff GERRY AND LYNDA HECKENDORN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6567 CIVIL 2001 CERTIFICATE OF SERVICE I hereby certify that on this date, January 22, 2002, I mailed a tree copy of Default Notice to the following person at the following address by U.S. First Class Mail: Date: Douglas G. Miller, Esquire Irwin McKnight & Hughes West Pomfret Professional Building 60 West Pomfret Stre/ ,,, ~ Carlisle' PA17013t )~ jj~ Pa :1 Bradford Orr, E DIANE ADAMS, Plaintiff GERRY and LYNDA HECKENDORN Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001 - 6567 CML TERM : CIVIL ACTION - LAW NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: February . 2002 IRWIN, McKNIGHT & HUGHES bo~£as ~;. Miner, Es4u~re -- Supreme ~ourt I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants DIANE ADAMS, Plaintiff GERRY and LYNDA HECKENDORN Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001 - 6567 CIVIL TERM : CML ACTION - LAW .. DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW this L/~" day of February, 2002, come the Defendants, GERRY and LYNDA HECKENDORN, by and through their attorneys, Irwin, McKnight & Hughes, and respectfully file this Answer with New Matter to the Plaintiff's Complaint, and in support thereof aver as follows: 1. The averments of fact contained in paragraph one (1) of the Plaintiff's Complaint are admitted. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The averments of fact contained in paragraph three (3) are admitted. 4. The averments of fact contained in paragraph four (4) are specifically denied and strict proof thereof is demanded at trial. 5. The averments contained in paragraph five (5) are admitted. 6. Upon information and belief, it is admitted that the hot tub was installed approximately 20 years ago. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the troth of the remaining averments contained in paragraph six (6) so they are therefore specifically denied and strict proof thereof is demanded at trial. 7. The averments contained in paragraph seven (7) are admitted. 8. The averments contained in paragraph eight (8) are admitted in part and denied in part. It is admitted that the parties had a conversation concerning the hot tub. The remaining averments are specifically denied and strict proof thereof is demanded at trial. 9. The averments of fact contained in paragraph nine (9) are admitted in part and denied in part. It is admitted that the parties had a conversation concerning the hot mb. The remaining averments are specifically denied and strict proof thereof is demanded at trial. 10. The averments of fact contained in paragraph ten (10) are admitted in part and denied in part. It is admitted that Defendants contacted Plaintiff to inform her that the hot tub was not functioning properly, and that Defendants received oral permission from Plaintiff to install the blower pump. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the troth of the remaining averments contained in paragraph ten (10) so they are therefore specifically denied and strict proof thereof is demanded at trial. 11. The averments of fact contained in paragraph eleven (11) are admitted in part and denied in part. It is admitted that Defendants contacted Plaintiff to inform her that the hot tub was again not functioning properly. It is also admitted that Defendants rarely used the hot tub because it did not function properly and increased their electric expense. The remaining averments contained in paragraph eleven (11) are specifically denied and strict proof thereof is demanded at trial. 12. The averments of fact contained in paragraph twelve (12) are specifically denied and strict proof thereof is demanded at trial. 13. The averments contained in paragraph thirteen (13) are denied as stated. It is admitted that Defendants had considered purchasing the property from Plaintiff. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in paragraph thirteen (13) so they are therefore specifically denied and strict proof thereof is demanded at trial. 14. The averments contained in paragraph fourteen (14) are admitted. 15. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of fact contained in paragraph fifteen (15) so they are therefore specifically denied and strict proof thereof is demanded at trial. 16. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of fact contained in paragraph sixteen (16) so they are therefore specifically denied and strict proof thereof is demanded at trial. 17. The averments contained in paragraph seventeen (17) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 18. The averments contained in paragraph eighteen (18) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendants Gerry and Lynda Heckendom, respectfully request this Honorable Court to enter a judgment in their favor and against Plaintiff in this matter, Diane Adams, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. COUNTI-NEGLIGENCE 19. The averments of fact contained in the Defendants' Answers above are hereby incorporated by reference as if fully set forth below. 20. The averments contained in paragraph twenty (20) and all of its subparts are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 21. The averments contained in paragraph twenty-one (21) and all of its subparts are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendants Gerry and Lynda Heckendom, respectfully request this Honorable Court to enter a judgment in their favor and against Plaintiff in this matter, Diane Adams, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. NEW MATTER 22. The averments of fact contained in the Answers to the Complaint are hereby incorporated by reference and are made part of this New Matter to the Complaint of the Plaintiff. 23. Prior to the time that Defendants rented the property located at 91 West Main Street, Plainfield, Cumberland County, Pennsylvania, Plaintiff lived there for approximately three years, and used the hot tub extensively during that time. 24. Defendants rarely used the hot tub during the time they rented the property from Plaintiffdue to the costs to fill and maintain it. 25. In fact, Defendants only used the hot tub on approximately four occasions during the almost four years that they resided at the property. 26. Defendants promptly notified Plaintiff when they did attempt to use the hot tub that it was not performing properly. 27. At no time did Defendants agree to pay for any and all maintenance and repair costs for the hot tub 28. During the time of Defendants' lease, Plaintiff failed and refused to contact an outside repairman to finally correct the problems with the hot tub. 29. The alleged costs to repair the hot tub far exceed its reasonable value, given that it was installed approximately twenty years ago. WHEREFORE, Defendants Gerry and Lynda Heckendom, respectfully request this Honorable Court to enter a judgment in their favor and against Plaintiff in this matter, Diane Adams, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. Dated: February L/ , 2002 By: Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Do~-glas~. Mffier, Esqmre Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants 6 VERIFICATION The foregoing Answer with New Matter on behalf of the Defendants, Gerry Heckendorn and Lynda Heckendom, is based upon information which has been gathered by counsel for the Defendants in the preparation of this Answer with New Matter. The statements made in this document are tree and correct to the best of the counsel's knowledge, information and belief. The Defendants' verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Defendants according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Doug~ G. l~ffller, Esquir~ ' Date: February 4, 2002 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 Attorney for Plaintiff Date: February q ,2002 IRWIN, McKNIGHT & HUGHES Douglas G~Miller, Esquire Supreme Cb'urt ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendants DIANE ADAMS, Plaintiff GERRY AND LYNDA HECKENDORN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW : NO. 01-6567 CIVIL TERM PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER 22. This averment does not require an answer. 23. Admitted. By way of further answer, the Plalntiffhad little or no problems with the hot tub during the entire time that she was living at the residence and using it. 24. Denied. After reasonable investigation, the Plaintiffis without knowledge or information sufficient to form a belief as to the truth of this averment. Therefore, strict proof is demanded at trial. 25. Denied. A~er reasonable investigation, the Plalntiffis without knowledge or information sufficient to form a belief as to the truth of this averment. Therefore, strict proof is demanded at trial. 26. Denied. By way of furthar answer, the Defendant assured the Plaintiffthat they knew how to set up the hot tub properly. The Defendant then called the Plalntiffto report a problem that was caused by the Defendant not setting the hot tub up properly. 27. Denied. By way of further answer, it was understood by verbal agreement that the Defendants would pay for the costs of maintaining the hot tub since they would be the primary users. 28. Admitted. 29. Denied. After reasonable investigation, the Plalntiffis without knowledge or information sufficient to form a belief as to the truth of this averment. Therefore, strict proof is demanded at trial. WHEREFORE, Plaintiff requests this Honorable Court to dismiss the Defendant's new matter and enter judgement in favor of the Plaintiff Date: Respectfully Submitted, THE~LAWJ~IFFICES O_.F Pfi/(~l~ BRADFORD ORR By:I.~p~~ ~ ~ aul Bradfor~ Orr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 71786 VERIFICATION The foregoing document on behalf of Diane Adams is based upon information which has been gathered by counsel for her in the preparation of this document. The statements made therein are true and correct to the best of counsel's knowledge, information and belief. The PlaintiWs verification cannot be timely obtained. The undersigned is therefore verifying on behalf of the Petitioner according to 42 Pa. CSA. § 1024(C)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa. C. S A. § 4094, relating to unsworn falsification to authorities. Dated: '2~[¢] ~)7~ Paul Bradford Orr, Esquire DIANE ADAMS, Plaintiff GERRY AND LYNDA HECKENDORN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW : NO. 01-6567 CML TERM CERTIFICATE OF SERVICE I hereby certifiy that on this date, I served a copy of Plaintiff's Answer to Defendant's New Matter on the following person at the following address via U.S. Mail, postage prepaid, delivered to addressee only: Date: Douglas G, Miller, Esquire IRWIN, McKNIGHT & HUGHES West Pomfret Professional Building 60 West Pomfret Street Carlisle' Pt l701~p~aul~Bradfo~rd~. . . Orr, Esquire 0 ~ C~