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Home My WebLink About08-6822J1 VERNON SEALOVER and DOROTHY SEALOVER, Plaintiffs VS. ROBYN SEALOVER, Defendant NOTICE TO DEFENDANT NAMED HEREIN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. , - U ? )"? EL I V i f ryYl CIVIL ACTION - LAW 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 TELEPHONE: (717) 249-3166 VERNON SEALOVER and ) DOROTHY SEALOVER, ) Plaintiffs ) VS. ) ROBYN SEALOVER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O.P. G P.2.2, ec - t 7 ?:-.. CIVIL ACTION - LAW COMPLAINT AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and makes the following complaint in this matter. 1. The Plaintiffs are Vernon Sealover and Dorothy Sealover, adult individuals who resides at 145 Big Oak Road, Dillsburg, Pennsylvania. 2. The Defendant is Robyn Sealover, an adult individual who resides at 1202 Copperfield, Mechanicsburg, Pennsylvania. 3. The Defendant is th widow of Dennis Sealover who died on 7 November 2007. 4. Plaintiffs are the owners of real estate improved with a single family residence known and numbered as 211 Cherokee Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania. Plaintiffs have owned that property at all times relevant to this action. 5. In September of 1996, Plaintiffs leased, by an oral lease agreement, the real estate and residence at 211 Cherokee Drive to the Defendant and her late husband, Dennis Sealover (hereinafter collectively referred to as "Tenants") 6. The oral lease was not for any fixed term and, by operation of law, and because of Tenant's continued occupancy of the property and payment of rent, became a lease at will on a year-to-year basis. 7. The rent to be paid under the terms of the lease between Plaintiffs and Tenants was $1,100.00 per month. 8. Tenants occupied the residence at 211 Cherokee Drive from September of 1996 until the death of Dennis Sealover in November of 2007. Following the death of Dennis Sealover, Defendant continued j to occupy the property through the month of August, 2008. 9. Tenants failed to pay the rent due under the lease with Plaintiffs. By November of 2007, they had failed to make all or part of 65 monthly installments on the lease and owed Plaintiffs, at that time, $64,620.00. 10. After November of 2007, Defendant failed to pay the rent due under the lease and, by the time she vacated the property in August of 2008, she owed an additional $9,900.00 in unpaid rent. 11. Defendant is entitled to a credit for the rent which would otherwise been due for the months of December, 2007, and January, 2008, because Plaintiffs agreed to forgive the rent those months. COUNT I - PAYMENT DUE PURSUANT TO ORAL LEASE 12. The averments set forth in Paragraphs 1 through 11 are incorporated herein by reference. 13. Defendant, as the surviving tenant under the lease with Plaintiffs, owes Plaintiffs $72,320.00, plus interest from various dates on which the rent payments were due and not paid. WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $72,320.00, plus interest on the rental installments from the date each of them was due, plus costs of suit. COUNT II - UNJUST ENRICHMENT 14. The averments set forth in Paragraphs 1 through 11 are incorporated herein by reference. 15. Defendant resided in the residence owned by Plaintiffs from September of 1996 through August of 2008. 11 16. The fair rental value of the residence at 211 Cherokee Drive, from September of 1996 through August of 2008, was no less than $1,100.00 per month. 17. Defendant failed to pay the reasonable rental value of the residence at 211 Cherokee Drive during the time she occupied it. As a result, she was unjustly enriched by receiving the benefit of possession and use of the property without paying the fair value for that occupancy and use. 18. Despite demands by Plaintiffs, Defendant has failed and refused to pay Plaintiffs, or compensate them for, the amount by which she was unjustly enriched and, as a result, is obligated to Plaintiffs in the amount of $72,320.00 for the period she occupied the property without paying the reasonable cost of the benefit conferred upon her by her occupancy. WHEREFORE, Plaintiffs demand judgment against the Defendant in the amount of $72,320.00, plus interest from the dates that her payment for the unjust enrichment she received by the occupancy and possession of the residence at 211 Cherokee Drive where due, plus costs of suit. 'Samill7L An e Attorney for Plaintiffs P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: V 13 1 1 6 8 VERNON SEALOVER ?3L co ui »< VERNON SEALOVER and DOROTHY SEALOVER, Plaintiffs vs. ROBYN A. SEALOVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 2008-6822 Civil Term ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Luther E. Milspaw, Jr., Esquire, as counsel for the Defendant in the above-captioned matter. LUTHER 'E' MIL SP AT/Jr Attorney ID No. 1922 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Dated: December 18, 2008 VERNON SEALOVER and DOROTHY SEALOVER, Plaintiffs vs. ROBYN A. SEALOVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 2008-6822 Civil Term CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Entry of Appearance upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 18' day of December 2008, addressed as follows: Samuel L. Andes, Esquire 525 North 12`' Street P.O. Box 168 Lemoyne, PA 17043 submitted, aAL? T L. EBRIGHT, Paralegal Law ffice of Luther E. Milspaw, Jr. 13 tate Street .O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 r_4 ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-06822 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SEALOVER VERNON ET AL VS SEALOVER ROBYN KENNETH E GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE SEALOVER ROBYN DEFENDANT was served upon the at 0020:44 HOURS, on the 15th day of December , 2008 at 1202 COPPRR rPT7 'K T)PTI7i: MECHANICSBURG, PA 17055 by handing to ROBYN SEALOVER DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 4l,gl a So Answers: 18.00 11.70 .00 10.00 R. 'Thomas Kline 00 39.70 12/16/2008 SAMUEL ANDES Sworn and Subscibed to before me this day By. of A. D. N VERNON SEALOVER and DOROTHY SEALOVER, Plaintiffs VS. ROBYN A. SEALOVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 2008-6822 Civil Term NOTICE TO PLEAD TO: VERNON SEALOVER DOROTHY SEALOVER c/o Samuel L. Andes, Esquire 525 North 12' Street P.O. Box 168 Lemoyne, PA 17043 You are hereby notified to file a written response to the enclosed Preliminary Objections to Plaintiffs' Complaint within twenty (20) days from service hereof or a judgment may be entered against you. X V LUTHER E. MIL PAW, Jr. Attorney ID No. 1 226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendant Dated: January 22, 2009 VERNON SEALOVER and DOROTHY IN THE COURT OF COMMON PLEAS SEALOVER, CUMBERLAND COUNTY, PA Plaintiffs VS. CIVIL ACTION - LAW ROBYN A. SEALOVER, Defendant No. 2008-6822 Civil Term PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT AND NOW comes Defendant, ROBYN A. SEALOVER, by and through her counsel, Luther E. Milspaw, Jr., Esquire, and preliminarily objects to Plaintiffs' Complaint, as follows: 1. On June 26, 2008, Plaintiffs commenced a Landlord and Tenant Complaint against Defendant before the Honorable Thomas A. Placey, Magisterial District Judge for Magisterial District Number 09-3-04, a true and correct copy of the original of which is attached hereto as Exhibit A. 2. The Landlord and Tenant Complaint asked for judgment of possession only and did not ask for any rent remaining due and unpaid on the filing date nor subsequent on the hearing date, July 15, 2008. 3. Judgment was entered in favor of Defendant by Magisterial District Judge on July 16, 2008, and no appeal was taken by Plaintiffs. 4. Pa. R.C.P. 1020(d) provides as follows: "If a transaction or occurrence gives rise to more than one cause of action heretofore asserted in assumpsit and trespass, against the same person, including causes of action in the alternative, they shall be joined in separate counts in the action against any such person. Failure to join a cause of action as required by this subdivision shall be deemed a waiver of that cause of action as against all parties to the action." 5. Having failed to make a claim in their proceeding in the Magisterial District Court for any rent remaining due and unpaid, Plaintiffs are deemed to have waived that cause of action against Defendant. Plaintiff s Complaint here thus fails to conform to law or rule of court in violation of Pa. R.C.P. 1020(d). WHEREFORE, Defendant, ROBYN A. SEALOVER, respectfully requests that Plaintiffs Complaint be dismissed. 6. Pa. R.C.P. Rule 1019(f) mandates that all averments of time, place, and items of special damage shall be specifically stated. 7. Plaintiffs' Complaint avers an oral lease (Paragraph 5) but fails to aver the terms of the oral lease, other than the alleged monthly rent, all in violation of Pa. R.C.P. Rule 1019(f). 8. Plaintiffs' Complaint avers an oral lease that allegedly commenced in September 1996 and ended August 2008 (Paragraphs 5 and 8), a period of twelve (12) years or one hundred forty-four (144) months, and then avers an alleged failure to pay rent for "all or part of 65 monthly installments" (Paragraph 9). 9. Plaintiff fails to aver with specificity the dates for which rent was due and unpaid, all in violation of Pa. R.C.P. Rule 1019(f). WHEREFORE, Defendant, ROBYN A. SEALOVER requests that Plaintiffs' Complaint be dismissed, or in the alternative, order the Plaintiffs to file a more specific complaint. LUTHER E. MIL PAW, Jr. Attorney ID No. 9226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendant Dated: January 22, 2009 Exhibit "A" t CAONWEALTH OF PENNSYLVANIA COUNTY OF:.Cumberland Magleterlal DlatMat Numean 09-3-04 MOJ Names Non. Thomas A. Placey Address; 104 South Sporting Hill Road Mechanicsburg, PA 17080 Telephone; (717)761-8230 Amount . Date Paid Iln Costs I 0(f / 1 Postage Service Cos Cons le $ --fiLa / / Oro Total 4) 4(*/2610-6 Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment together with costs against you for the possession of real property and for. . Lease Is 0 Residential ? Nonresidential. LANDLORD AND TENANT COMPLAINT PLAINTIFF: NAME and ADDRESS r Vernon R, Seelover 145 Big Oak Road Dilisburg, PA 17018 L? VS, DEFENDANT: NAME and ADDR638 Robyn Seelover 211 Cherokee Drive Mechanicsburg, PA 17050 L_ Docket No.:(,-f- 000 4yis -'000 Data Filed: 06- 9-cv-r100$ 7 - I 7 ] Damages for injury to the real property, to wit, In the amount of: $ ] Damages for the unjust detention of the real property In the amount of $ ] Rent remaining due and unpaid on filing date In the amount of $ ] And additional rent remaining due and unpaid on hearing date $ ] Attorney fees In the amount of $ Total: $ THE PLAINTIFF FURTHER ALLEGES THAT: 1. The location and address, If any, of the reel property Is 2. The plaintiff is the landlord of that properly. 3. He leased or rented the property to you or to Dennis Sealover under whom you claim. 4. ® Notice to quit was given in accordance wlth law, or ? No notice Is required under the terms of the lease. b, ® The term for which the property was leased or rented Is fully ended, or ? A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: ? Rant resarvW and due has, upon demand, remained unestiefied. 6. You retain the real property end refuse to give up Its possession. I Vernon Sealover verify that the facts set forth In this complaint are true and correct to the best my now ge, n rma on and belief. ThIs statement is made subject to the penalties of Seodory/1g04 of the Crimes Code (18 PA, C.S. § 4804) relating.to unwvom falstilcadon to authorities. /) / „ a IF YOU HAVE A DEFENSE to this complaint you may present It at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises, which Is In the magisterial district judge,lurladiction and which you Intend to assert at the hearing, YOU MUST FILE it on a complaint form at this ofBoe BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for lam ages and rent If claimed, may nevertheless be entered against you. A judgment against you for possession may result In your EVICTION from the orernlese. 1 you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and Ita aerAoss, pianos, contact the Nao leterial District Court at the above address or telephone number. We are unels to AN tranourtation. Ramnka and SWMWY Tw be Re ed on Rawne 9Wre. PC 31OA-05 IL VERNON SEALOVER and DOROTHY SEALOVER, Plaintiffs vs. ROBYN A. SEALOVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 2008-6822 Civil Term CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Preliminary Objections to Plaintiffs' Complaint upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 22' day of January 2009, addressed as follows: Samuel L. Andes, Esquire 525 North 12' Street P.O. Box 168 Lemoyne, PA 17043 LUTHER L. MIL AW, Jr. Attorney ID No. 1 226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Facsimile (717) 236-0791 co VERNON SEALOVER and DOROTHY ) SEALOVER, ) Plaintiffs ) } vs. ) ROBYN A. SEALOVER, ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-6822 Civil Term PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW come the above-named Plaintiffs, by their attorney Samuel L. Andes, and makes the following Answer to Defendant's Preliminary Objections: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. Plaintiffs admit that Pa. R.C.P. 1020 (d) provides as stated in Defendant's Preliminary Objection. Plaintiffs deny, however, that that Rule applies to the proceedings before the District Magistrate or controls the outcome of this matter. 5. The statements in Paragraph 5 constitute a conclusion of law to which no factual answer is required. Plaintiffs state, however, Pa. R.C.P. 1020 (d) does not control the outcome of this matter and does not apply to proceedings before District Magistrates. WHEREFORE, Plaintiffs pray this court to dismiss Defendant's first Preliminary Objection. 6. Pa. R.C.P. 1019 (f) speaks for itself and Plaintiffs deny Defendant's characterization of the requirements of that Rule. 7. Denied. Plaintiffs' Complaint adequately describes the lease between Plaintiffs and Defendant and does not violate Pa. R.C.P. 1019 (f). 8. Admitted. 9. Denied. Plaintiffs Complaint states, with adequate specificity, the nature of Defendant's breach of the lease between Plaintiffs and Defendant. Plaintiffs Complaint adequately states their claim and is more than sufficient for the Defendant to understand their claim and prepare an answer and a defense to it. To the extent that Defendant requires -1- i additional information to defend this action, that information can be obtained through formal discovery pursuant to the rules of civil procedure. WHEREFORE, Plaintiffs demand that this court dismiss Defendant's second Preliminary Objection and direct Defendant to file an Answer to Plaintiff's Complaint. Slue, Ande Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 -2- CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the following counsel herein by regular mail, postage prepaid, addressed as follows: Luther E. Milspaw, Jr., Esquire 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 Date: 3 February 2009 Ov-W --m. '--i ?- ?-? Amy . arkins ecretary for Samuel L. Andes -3- C1 ? Q C=3 r rncxa 13 -=