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HomeMy WebLinkAbout08-6974+Y COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CJudicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. di- UJ"77 eJL LZ* NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. ADDRESS OF APPELLANT / Cm sTA DATE OF A)FCAIENT G ? ? u? TN of _ vs tI DOCKET No. SIGNAT APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 7401(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judg t for possession i is case. (20) days after filing the NOTICE of APPEAL. d -Do" PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Enter rule upon Z` appellee(s), to file a complaint in this appeal Name of appetlee(s) - (Common Pleas No. Within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of a atromey or agent RULE: To , appellee(s) me of appq#ws) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 G'e Proftnotaiy or DspuW YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF E$VIGE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED M`11 4A (10) DAYS AFTER fling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of affiant Signature of official before whom affidavit was made Title Of official My commission expires on 20 ?-- d p T F 71 _ 1771 .7t... "?? D-ri M • COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-03 MDJ Name: Hon. RICHARD S. DOUGNERTY Address: 9 8 9 ENOLA DR STS 1 ENOLA, PA Telephone: (717 ) 728-2805 17025 ATTORNEY FOR PLAINTIFF : NOTICE OF JUDGMENT>TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rSITBS, TROXAS E -71 120 SEADY LANs sNOLA, PA 17025 L J VS. DEFENDANT: NAME and ADDRESS "CLEVELAND, GLADYS 1499 JAEES PLACE HELLERTOWN, PA 18055 GEOFFREY N. BIRINGER L J 401 E. LOUTNER ST APT/STE 103 Docket No.: LT-0000375-08 MIDPENN LEGAL SERVICES Date Filed: 11/04/08 CARLISLE, PA 17013 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: Judgment: FO R PLAI]IITIFF ® Judgment was entered for: (Name) SITES, TROKAS E Judgment was entered against CLEVELAND, ® GLADYS in a Landlord/Tenant action in the amount of $ 100.00 on 11/17/08 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ Less • Security Deposit Applied = Adjudicated Amount Rent in Arrears 00- 0 = 00 $ . $ $ . Physical Damages Leasehold Property $ .00-$ .00= $ .00 Damages/Unjust Detention $ _ 0o - $ - 00 = $ _ -00 Less Amt Due Defendant from Cross Complaint - $ .112 - Interest (if provided by lease) $ - 00 L/T Judgment Amount $ 00 ? Attachment Prohibited/ - Judgment Costs $ 00 42 Pa.C.S. § 8127 _ Attorney Fees $ - 00 ? This case dismissed without prejudice. Total Judgment $ 100.00 ? Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Possession ranted if money judgment is no sa is le 9 Y y time o eviction. ? Possession not granted. ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN QADER 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. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. - NOV 17 2000 Date , Magisterial District J s a true an o t copy t rec a ro s containing t o iu gment. Date , Maqisterial District J oyc om?mission expires first Monday of January, 2012. SEAL a COMMONWEALTH OF PENNSYLVANIA CCHINTY C)F• CUMBZRIJM Mag. Dist. No.: 09-1-03 MDJ Name: Hon. RICHARD S. DOUGHERTY Address: 98 8 ENOLA DR STE 1 ENOLA, PA Telephone: (717 ) 728-2805 17025 ATTORNEY DRY PRIVATE : XIDPENN LEGAL SERVICES 401 E. LOUTHER ST GROFF HIRINGER, ESQ. CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rC-L$V'8L]1 W, GLADYS 1499 JAZES PLACE HELLERTOWN, PA 18055 L J VS. DEFENDANT: NAME and ADDRESS rS-ITES, TOM ? 120 E. SHADY LANE ENOLA, PA 17025 L J Docket No.: LT-0000375-08 Date Filed: 10/29/08 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) CLEY MAIM, GLADYS Judgment was entered against SITES, TOK in a ® Landlord/Tenant action in the amount of $ 1,150.00 on 11117/08 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 400.00. The total amount of the Securitv Deposit is $ .00 Total Amount Established b MDJ Less. Security Deposit Applied = Adjudicated Amount Rent in Arrears $ 1, ?00-.00-$ . 00= s1,000.00 Physical Damages Leasehold Property $ .00-$ .00= $ .00 Damages/Unjust Detention $ -00-$ -00= $ -1" Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ -00 UT Judgment Amount $ i, 000.00 ? Attachment Prohibited/ Judgment Costs $ 150.00 42 Pa.C.S. § 8127 Attorney Fees $ -nn ? This case dismissed without prejudice. Total Judgment $ 1,150.00 ? Possession granted. X Possession granted if money judgment is ? Possession not granted. Post Judgment Credits $ Post Judgment Costs $ Certif led Judgment Total $ ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date n&.1 zf , Magisterial District Judge s a rue an o t copy t rec ,priney ro s containing t o Judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012. SEAL AO PC 315A•OB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GLADYSCLEVELAND, Plaintiff VS. No. 2008 aJ7y CIVIL ACTION - LAW Rrm THOMAS E. SITES Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Thomas E.Sites 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: )A- . Geoffrey M. Biringer 61101 MIDPENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 ?.a rj .. r,c crol IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GLADYSCLEVELAND, Plaintiff VS. THOMAS E. SITES Defendant ? ?7y el vi `? wm No. 2008 - CIVIL ACTION -LAW Please accept rent escrow as a condition of the supersedeas in the above in the amount of $1,000 on behalf of the Defendant. Date: ?`? DD Geoffrey M.Biringer 401 E.Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID#18040 (7) N O .? f17 O co ^< >n 1 r3 C3 ete , 0 (Endorsern,• C3 Restdc:'?1i.t, < (Enders O bF Total ?'os CID Sent To T Q L7 Street Ne or PO , Box Apt No r` _---------------- city State '0' - i :•1 !F 0 ? 6 1.0 t: r- 14'i . :__/...._ ... Ln I •. YI s? ' • ' • • ' ru A L U-5 _E 1, ac g, . t Z `SLE Pq .,_. POstmaf G' O Return Receipt Fe y i /• (TT7 V ? ? (Endorsement Regwre ) i ( V 1 C3 O }- _° - Restdated Delivery Fee 1 ' C3 (Endorsement Required) ? ._-_.? Gaps 0rO Total Postage & Fees sent To / ? s C(e ve-( -4 .l C] Street, AptNo.; orP08oxNo. P °f------------------------____ City State, ZIP- p PS Form •3800, AUgust ••. 1 Re".-1, lol w;1, uclm)s PF71 %'<Tt .? /a CE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof ofservice 1i li . !NlTHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF 1: EI'?J I , COUNTY OF 'Ss AFFIDAVIT; I hereby (ss t { i.+;r/ )-tW I served a copy of IA i ; i : f appeal, tCommon Pleas upon the District Justice' designated therein on (date of se ,iii f 4.1 20 99b , ? by personal service Wby (certified) (eged) mail, sender's I`E :EI G .3 t<rd hereto, and upon the appellee, (name) on 2064140 ? by personal service y certified) I(re rp) mail, sender's rEr:f:, I ,7,; t.;rd hereto. (SWORN) (AFFIRMED) AND .3 1 E :D BEFORE ME THIS DAY OF 20Q. Signatu a of fficialbefore whom aft}cunoi, .I?„ // Title of o cial My commission expires on NOTARIAL SEAT. PROTHONOTARY, NOTARY FIUaLIC CARLISLE CUMBERLAND COUNTY C(IURTHOUSE MY COMMISSION EXPIRES JAWMW 4, 2010 g lure ofaffiant ? C tv ° -on r r ) , ` -r, era ?' _ Div D C '',. C_- rv \ M COMMONWEALTH OF PENNSYLVANIA m_.. r..._ COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT CAN 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 District Justice on the date and in the case referenced below. f "? • ? ?' I "° "'qtr,. ..? ? ?: ' '?"+2. ,:?_ 7 - This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. A/o. f001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the ' t for possession its case. r f (20) days after Ong the NOTICE of APPEAL. .. °f ___ ab?puy f PRAECIPE TO ENTER RULE TO FILE COMPLAINT A14D RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Enter rule upon appellee(s), to file a complaint in this appeal ^ Name of appefte(s) (Common Pleas No. Q! ?? "/within twenty (20) days after service of rule or suffer entry of judgment of non pros. slgnettae of Womsy or egapt fi RULE: To M?iCA•1?"? appeflee(s) 7wo or appefee(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 ` poirsonaservice or by certified or registered MON. (2) If you do not file a complaint, within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. , (3) The date;pf service of this ru4,if, service was by mail is the date of the mailing. a Date: z' 201"'`? _ r•`'S` J,---_-- Signet of Proehonofary or t3apWfy YOU "M INCLUDE A.UOPY,°OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE "ba„vid J. Lanza I.D. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 I GLADYS CLEVELAND, Plaintiff V. THOMAS SITES, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6974 CIVIL ACTION - LAW PLAINTIFF'S EMERGENCY MOTION FOR EVICTION OF DEFENDANT 1. The Defendant, Tom Sites, currently occupies Plaintiff's property at 120 E. Shady Lane, Enola PA, Cumberland County, Pennsylvania 17025 ("the Premises"). 2. Defendant resides at the Premises without a lease and has no basis to claim a possessory interest in the Premises. 3. Defendant has damaged the interior and exterior of the premises intentionally. Plaintiff hereby incorporates the averments of Plaintiff's Complaint. 4. Defendant has intentionally spread feces throughout the interior of the Premises, including dog feces that he obtained by trespassing on the property of a neighboring rental unit. 5. Defendant has spread feces throughout various surfaces of the bathroom of the Premises so as to render it unusable to the other occupants. 6. Defendant has threatened the other residents of the Premises with a shotgun. 7. Defendant has changed the locks on the Premises without authorization so as to deprive the other residents of their possessions. 8. Defendant has intentionally drained all of the hot water out of the water unit in the Premises so as to deprive the other occupants of the use of hot water and increase Plaintiff's utility costs. u- . 9. Defendant has spray painted the windows of the premises so as to completely block the light from accessing the Premises. 10. Defendant has ground stones into the carpeting of the premises. 11. Defendant has committed other miscellaneous acts of vandalism, including the deposit of miscellaneous material, including salt, into the carpet and other areas of the interior of the Premises. 12. Defendant has been caught peering into the window of a female tenant in a neighboring building without permission (and while trespassing), either to aid in his efforts to steal dog feces from that neighbor or for other unlawful purposes. 13. Defendant has left windows open for extended periods during cold weather so as to increase Plaintiff's utility costs. 14. Other occupants have been forced to abandon the Premises due to Defendant's conduct, thus causing the Plaintiff to incur lost rent. 15. Plaintiff is entitled to immediate possession of the premises at 120 E. Shady Lane, Enola. 16. Plaintiff has suffered and will continue to suffer irreparable harm if Defendant is not removed from the Premises. 17. Defendant has alternative housing available and will not suffer harm as a result of the relief requested herein, as the Office of Aging can make immediate arrangements to house Defendant. 18. Plaintiff has forwarded an advance copy of this Motion to counsel for Defendant, and Defendant has not concurred in this Motion. 19. No judge has yet considered any pending matter in this case. Wherefore, Plaintiff demands judgment against Defendant, Thomas Sites for possession of the Premises at 120 E. Shady Lane, East Pennsboro Township. Respectfully submitted, r By: David J. La a Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff Dec 12 08 02:17p paul dupont 6108380955 p.2 VERIFICATION I, Gladys Cleveland verify that the statements made in this Motion are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unswom falsification to authorities. Date: /? C/ 9/ % ?..:. -r1 P? i3 r.. ?? . -n ,,__ , ?'; C.t i Y ?? -°° ' ?? V"? ?1 r ? / David J. Lanza I.D. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 Attorney for Plaintiff GLADYS CLEVELAND, V. Plaintiff THOMAS SITES, To the Defendant: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6974 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 defense 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 David J. Lanza I.D. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 GLADYS CLEVELAND, V. THOMAS SITES, Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT NO. 08-6974 CIVIL ACTION - LAW 1. The Plaintiff, Gladys Cleveland, is an adult individual with an address at 1499 Jakes Place, Hellertown, PA 18055, Pennsylvania 17601. 2. The Defendant, Tom Sites, is an adult individual residing at 120 E. Shady Lane, Enola PA, Cumberland County, Pennsylvania 17025 ("the Premises"). 3. Plaintiff is the owner of the Premises at which Defendant resides. 4. Defendant resides at the Premises without a lease. 5. Plaintiff has informed Defendant that he must vacate the premises. True and correct copies of some of the written notices are attached hereto as Exhibit "A." 6. Defendant formerly occupied this property with several other occupants, all of whom he has driven away from the property with his illegal and tortious conduct. 7. Defendant has damaged the interior and exterior of the premises intentionally. Plaintiff Defendant 8. Defendant has intentionally spread feces throughout the interior of the premises, including dog feces that he obtained by trespassing on the property of a neighboring rental unit. 9. Defendant spread feces throughout the bathroom of the premises so as to render it unusable to the other occupants. 10. Defendant has threatened the other residents of the premises with a shotgun. 11. Defendant has changed the locks on the premises without authorization so as to deprive the other residents of their possessions, thus forcing Plaintiff to incur locksmith charges to restore access to the other residents. 12. Defendant has intentionally and repeatedly drained all of the hot water out of the water unit in the Premises so as to deprive the other occupants of the use of hot water and increase Plaintiff's utility costs. 13. Defendant has repeatedly and intentionally left windows open during cold weather so as to increase Plaintiff's utility costs and force the other occupants out of the premises. 14. Defendant has been caught peering into the window of a female tenant in a neighboring building without permission (and while trespassing), either to aid in his efforts to steal dog feces from that neighbor or for other unlawful purposes. 15. Defendant has spray painted the windows of the premises so as to completely block the light from accessing the Premises. 16. Defendant has committed additional acts of vandalism and harassment at the Premises. 17. Defendant has ground stones and other substances into the carpeting of the Premises. 18. Defendant is required to pay to Plaintiff the amount of $1,200.00 per month for the use of the Premises until he is evicted. 19. Previous to the departure of the other occupants in December 2008 (which departure was forced by the conduct of Defendant) Defendant was required to pay the amount of $400.00 per month. 20. Defendant paid only $312.58 for the month of July 2008. 21. Defendant has failed to pay any rent from and after September 2008. 22. Defendant paid only $200.00 for the month of September 2008. 23. Plaintiff has been forced to incur District Justice filing fees in the amount of $150.00. 24. Plaintiff has suffered costs from property damage in amounts that cannot be determined at this time, due to Defendant's continued occupancy and ongoing vandalism and destruction. 25. Plaintiff has suffered lost rent as a result of Defendant's actions in forcing out the other occupants of the Premises, including $800.00 for the month of December. 26. Plaintiff has been forced to incur attorney fees for the purpose of addressing Defendant's illegal and tortious conduct. 27. Plaintiff is expected to incur attorney fees in the amount of $2,000.00. 28. There is justly due and owing to the Plaintiff from the Defendants on account of the aforesaid breaches the sum of Four thousand four hundred seventy two and 58/100 Dollars ($4,472.58), calculated as follows: Unpaid rent through December 2008 $1,487.58 Lost rent from displaced occupants $800.00 Attorney fees $2,000.00 District Justice filing fees $150.00 Locksmith charges 35.00 Total $4,472.58 28. Plaintiff is entitled to judgment against Defendant in the amount of $4,472.58. 29. Plaintiff is entitled to immediate possession of the premises at 120 E. Shady Lane, Enola. Wherefore, Plaintiff demands judgment against Defendant, Thomas Sites for possession of the premises at 120 E. Shady Lane, Enola and for damages in the amount of $4,472.58, plus costs, interest, additional rent through the time of trial in the amount of $1,200.00 per month and damages sufficient to compensate Plaintiff for Defendant's vandalism to the premises and unnecessary utility usage in an amount to be determined at trial. Respectfully submitted, By: David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff Dec 12 08 11:23a paul dupont 6108380955 p.1 VERIFICATION 1, Gladys Cleveland verity that the statements made in this Complaint are true and oorrect to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unworn falsification to authorities. Date: /c7? -102 6 e CERTIFICATE OF SERVICE AND NOW, this 15th day of December, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Geoffrey Biringer, Esq. MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 By: David Lanza 246-1 Dec 12 08 10:53a paul dupont 6108380955 p.1 Notice to Quit Name of Landlord: Gladys Cleveland Name of Tenant: Thomas Sites Date of lease: 5/19/06 Leased Premises: 120 Shady Lane; Enola PA Date of Notice to quit: 10/15108 To: Thomas Sites 120 Shady Lane Enola, PA YOU VIOLATED THE LEASE WHEN YOU DID NOT PAY RENT FOR OCTOBER 2008. YOU HAVE DAMAGED THE PROPERTY. YOU MUST LEAVE THE PREMISES WITHIN 10 DAYS. IF YOU DO NOT LEAVE THE LEASED PREMISES AND GIVE POSSESSION OF THE LEASED PREMISES TO LANDLORD WITHIN 10 DAYS, THE LANDLORD WILL BEGIN A LAWSUIT IN COURT TO HAVE YOU REMOVED FROM THE LEASED PREMISES. Gladys Cleveland (Ross & Joy Cleveland Management) TO: TOM SITES FROM: GLAD CLEVELAND December 1, 2008 HAND DELIVERED and POSTED Tom Sites 120 E. Shady Lane Enola PA RE: 120 E Shady Lane Dear Tom, You do not have a lease with me. The following will govern your occupancy while we are completing your pending eviction in the courts. 1. Your monthly rent is increased to $1,200.00 per month due on the first of the month in full. 2. You will be responsible for all utilities while living here, including, heat, water, sewer electric. You will have to put the utilities in your own name. 3. You will be responsible and charged for all damages incurred to my home while you are living here. 4. You will be responsible for any legal fees incurred by me for which you are responsible while living here, including any eviction proceedings. 5. Due to the damages you have caused, you are given notice that at any time on any day my brother or myself, or any person appointed by me will be entering the home for inspection while you are living here. 6. You may not have a gun or any other weapon in my home and my brother, accompanied by a policeman, will physically remove it. It will be returned to you when you move out. Thank you for your kind consideration. With kindest regards, Glad Cleveland .,'' `? ?_. ._ ? ? ? ? ?..? ? - '-. ' y t .? ^- S.sS THOMAS E.SITES, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET No. 08-6974 CIVIL TERM GLADYS CLEVELAND, : Defendant : LANDLORD/TENANT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle,PA 717-249-3166 THOMAS E.SITES, Plaintiff V. GLADYS CLEVELAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET No. 08-6974 CIVIL TERM : LANDLORD/TENANT COMPLAINT 1. Plaintiff is Thomas E. Sites, an adult individual residing at 120 Shady Lane, Enola, Cumberland County, Pennsylvania 17025 2. Defendant is Gladys Cleveland, an adult individual, residing or having her place of business at 1499 Jakes Place, Hellertown, PA 18055. 3. Plaintiff entered into a verbal lease for 120 Shady Lane, Enola, Pennsylvania on or about May 19, 2006 with a rental of $400 per month, a room of his own, and shared use with others of the rest of the house. 4. Plaintiff suffered a heart attack on September 7, 2008 and was taken to Good Samaritan Hospital in Lebanon where he remained until September 11, 2008 5. During his stay, Plaintiff maintained contact with Defendant's agent and brother, Ross Cleveland, via e-mail, letting him know of this hospital stay. 6. When Plaintiff returned to the leased premises on September 11, 2008, he found that the door was locked and the locks changed. 7. Despite efforts to regain access, Plaintiff was homeless for a period of approximately two weeks, living in his car. 8. Plaintiff did not regain access until his undersigned attorney persuaded the Defendant to give Plaintiff a new key. 9. During this two week period, Plaintiff was without adequate shelter, medicine, food, water, or sanitary facilities. 10. Plaintiff was damaged by the loss of prepaid rent in the amount of $200 and in an unliquidated amount by the pain and suffering of his homelessness during the two week period. COUNT I - LANDLORD/TENANT ACT 11. Paragraphs 1-10 are incorporated herein by reference hereto. 12. Pennsylvania's Landlord/Tenant Act provides the exclusive procedure for evicting a tenant. 13. Defendant engaged in a self-help eviction in violation of the requirements of the Landlord/Tenant Act. WHEREFORE, Plaintiff demands judgment in the amount of $200 in prepaid rent and an unliquidated amount not to exceed that amount that requires referral to arbitration. COUNT II - UNFAIR AND DECEPTIVE TRADE PRACTICES ACT 14. Paragraphs 1-13 are incorporated herein by reference hereto. 15. In evicting the Plaintiff for two weeks, thereby causing his homelessness, Defendant violated Pennsylvania'a Unfair Trade Practice and Consumer Protection Law by leading him to believe that said lockout was judicially sanctioned and following due process and equal protection of the law. 16. Defendant's actions were egregious and caused Plaintiff great suffering and humiliation. WHEREFORE, Plaintiff demands judgment in an amount of $600( treble prepaid rent of $200) and in an unliquidated amount not to exceed that amount requiring referral to arbitration. COUNT III - COVENANT OF QUIET ENJOYMENT 17. Paragraphs 1-16 are incorporated herein by reference hereto. 18. Defendant's lockout of the Plaintiff for a period of two weeks breaches the covenant of quiet enjoyment inherent in every residential lease and Plaintiff was damaged thereby. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $200 and in an unliquidated amount to be determined by this Court for pain, suffering and humiliation. Date: /2,4 d/' MIDPENN LEGAL SERVICES .? By: Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID#18040 VERIFICATION I, THOMAS E. SITES , make this verification that the facts set forth in the foregoing Complaint, 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. Date: Thomas E. Sites z? o.? -TI f.?: :77 I. L' GLADYS CLEVELAND, Plaintiff V. THOMAS SITES, DEC 15 zlu% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6974 CIVIL ACTION - LAW 13 Defendant ORDER And now, this day of December 2008, a Rule is he ebY issued upon Defendant to show cause, if any he has, why the relief requested herein should not beg anted. 2 ate ble??r.=, A ys of IE t,"P 1yc /mod vv?• i y? ?. oo y i/'? ??•?2o uij 31 ffk J. rk,rZOM T Q ,-If u )rut S-41G00 E ! t?4x. i' lv..I'v 00 :1 laid 91 030 8882 , OOI&21/-Cl 3 ?0 ti? rli -?ry INN (, / GLADYS CLEVELAND, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET No. 08-6974 CIVIL TERM THOMAS E. SITES Defendant LANDLORD/TENANT You are hereby notified to file a written response to the enclosed Answer to Plaintiff's Emergency Motion with New Matter and Affirmative Defenses within twenty (20) days from service hereof or a judgment may be entered against you . J ,ZA? Geoffrey M. Biringer, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 GLADYS CLEVELAND, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET No. 08-6974 CIVIL TERM THOMAS E. SITES , : Defendant : LANDLORD/TENANT DEFENDANT'S ANSWER, NEW MATTER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS TO PLAINTIFF'S EMERGENCY MOTION FOR EVICTION OF DEFENDANT 1. Admitted. 2. Admitted that Defendant resides at the premises, but denied that Defendant is without a lease or has claim to a possessory interest. By way of further answer, Plaintiff retaliated against Defendant for Defendant's reports to Code authorities of the use of the premises as a boardinghouse and for various Code violations. 3. Denied. The premises have been subject to reasonable wear and tear only, and other tenants have been responsible for whatever damages Plaintiff alleges exist. 4. Denied. Any one of the tenants in the premises may have tracked dog feces into the premises, but Defendant specifically denies any intent to damage the premises. 5. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 6. Denied. Defendant has, in turn, been threatened by other tenants on the premises, but specifically denies ever threatening other residents with any weapons. 7. Defendant admits to changing the locks, but did so only for his security after a break-in. Defendant posted a note on the door for other residents to gain access.(Note attached hereto as Exhibit"A"). 8. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 9. Admitted. Defendant spray painted a back door glass and window with Christmas "frost" and decorations appropriate to the season. 10. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 11. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 12. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 13. Admitted in part. Defendant opened a window in his room only to obtain fresh air. Denied as to any cost to the Plaintiff as Plaintiff is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 14. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 15. Denied. Plaintiff's action is in retaliation for Defendant's reporting of Code violations. 16. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 17. Denied. Defendant has no alternative housing arrangements and has not been provided any by the Office of Aging. 18. Admitted. 19. Admitted. WHEREFORE, Defendant demands that Plaintiff's complaint be dismissed and judgment entered for the Defendant. NEW MATTER 20. Paragraphs 1-19 are incorporated herein by reference hereto. 21. Defendant incorporates herein by reference hereto the averments of Defendant's Cross Complaint. 22. Plaintiff sought Defendant's eviction only after Defendant complained to the Borough Code office about the premises being used as a boardinghouse and other Code violations. 23. Plaintiff locked Defendant out of the leased premises without resort to law, for a period of two weeks during which Defendant was homeless. 24. Plaintiff stopped providing heat and water to the Defendant following notice thereof on December 1, 2008, thereby violating the notice requirements of the Landlord/Tenant Act requiring at least thirty (30) days notice of a lease amendment. 25. Defendant's homelessness for two weeks caused him great stress relative to an ongoing heart condition, of which plaintiff was aware. 26. Defendant suffered pain and humiliation from the lockout by Plaintiff. 27. Defendant prepaid rent in the amount of $200 during the time he was locked out of the premises. AFFIRMATIVE DEFENSES 1. LANDLORD TENANT ACT 28. Paragraphs 1-27 are incorporated herein by reference hereto. 29. Plaintiff violated Defendant's rights under the Act by failing to provide notice and hearing prior to a self-help eviction. 30. The Landlord/Tenant Act provides the exclusive means to evict a tenant other than an action in ejectment. 31. Plaintiff has no lawful grounds to evict the Defendant. WHEREFORE, Defendant demands that Plaintiff's Complaint be dismissed and judgment entered for Defendant. II. UNFAIR AND DECPTIVE PRACTICES 32. Paragraphs 1-31 are incorporated herein by reference hereto,. 33. Plaintiff's lockout of Defendant constituted an unfair and deceptive practice under the Act. 34. As a result, any rent or damages allegedly suffered by the Plaintiff, are offset by the egregious damages suffered by the Defendant as a result of his homelessness. WHEREFORE, Defendant demands that Plaintiff's Complaint be dismissed and judgment entered for Defendant. COUNTERCLAIMS COUNT I - LANDLORD/TENANT ACT 35. Paragraphs 1-34 are incorporated herein by reference hereto. 36. Defendant suffered the pain and humiliation of being locked out of the leased premises for period of two weeks while suffering with a heart condition. 37. Defendant lost $200 in overpaid rent and an unliquidated amount in pain and suffering for the lockout. WHEREFORE, Defendant demands judgment against the Plaintiff in the amount of $200 and an unliquidated amount in pain and suffering, all within the amount requiring referral to arbitration. COUNT II - COVENANT OF QUIET ENJOYMENT 38. Paragraphs 1-37 are incorporated herein by reference hereto. 39. Plaintiff's lockout of the Defendant for two weeks breached the covenant of quiet enjoyment owed to the Defendant, and Defendant was damaged thereby. WHEREFORE, Defendant demands judgment against the Plaintiff in the amount of $200 and an unliquidated amount in pain and suffering, all within the amount requiring referral to arbitration. COUNT III - UNFAIR AND DECEPTIVE TRADEPRACTICES 40. Paragraphs 1-39 are incorporated herein by reference hereto. 41. In evicting the Plaintiff for two weeks, thereby causing his homelessness, Defendant violated Pennsylvania'a Unfair Trade Practice and Consumer Protection Law by leading him to believe that said lockout was judicially sanctioned and following due process and equal protection of the law. 42. Defendant's actions were egregious and caused Plaintiff great suffering and humiliation. WHEREFORE, Defendant demands judgment against the Plaintiff in the amount of $600 (treble damages) and in an unliquidated amount within the amount requiring referral to arbitration. Date: /a'6' MIDPENN LEGAL SERVICES t t .,?J/ ?,->, Ci4?t By: Geoffrey M. Biringer 401 E. Louther Street Carlisle,PA 17013 (717)243-9400 Supreme Court ID#18040 ii 7 he a.l_ 31 _a A. ' 1 a;,; .h?, !cgal, r,sid 't:, of this N?L'Me hw6 ` o ?4,aN 3s _ s n o > Iglit ; r anything ifl be c ,i ged ?y?,;iuh breaking and enters - and t a?- t. This property has been truly pasted and registered 4 ith the police, Anyone desiring items may have then: -- at a reasonable hour and a mutually c oiw%-nient time, Rcgist .r on the posted list.. Thwik- you. Thomas Sites AM,w VERIFICATION I, THOMAS E. SITES , make this verification that the facts set forth in the foregoing Answer, 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. Date: Thomas E. Sites CERTIFICATE OF SERVICE The undersigned hereby certifies that on the date stated below, he served a true and correct copy of the within Answer, by mailing same to the office of Plaintiff's attorney of record by first class U.S. mail, postage prepaid, addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: David J.Lanza, Esquire 2132 Market Street Camp Hill, PA 17011 Date: o2.U )b By: _ Geoffrey M. Biringer MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID#18040 k...1 a..., ? . J ? 3 _' / ?» 4 `x? _ T?. - ?..+..f =e. .. 1 ts..t "Kw. D GLADYS CLEVELAND, Plaintiff v. THOMAS E. SITES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET No. 08-6974 CIVIL TERM : LANDLORD/TENANT You are hereby notified to file a written response to the enclosed Answer to Plaintiff's Complaint n with New Matter and Affirmative Defenses within twenty (20) days from service hereof or a judgment may be entered against you . By: Geoffrey M. Biringer, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 -s- L7 GLADYS CLEVELAND, Plaintiff V. THOMAS E. SITES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No. 08-6974 CIVIL TERM LANDLORD/TENANT DEFENDANT'S ANSWER, NEW MATTER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS TO PLAINTIFF'S COMPLAINT I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted that Defendant resides at the premises, but denied that Defendant is without a lease or has claim to a possessory interest. By way of further answer, Plaintiff retaliated against Defendant for Defendant's reports to Code authorities of the use of the premises as a boardinghouse and for various Code violations. 5. Admitted. 6. Admitted that Defendant shared the premises with other occupants, but denied that he has driven anyone away or that his conduct was illegal or tortious. 7. Denied. The premises have been subject to reasonable wear and tear only, and other tenants have been responsible for whatever damages Plaintiff alleges exist. 8. Denied. Any one of the tenants in the premises may have tracked dog feces into the premises, but Defendant specifically denies any intent to damage the premises. 9. Denied. Plaintiff's allegations are scandalous and scurrilous and should be stricken from the pleading as they are totally untrue. 10. Denied. Defendant has, in turn, been threatened by other tenants on the premises, but specifically denies ever threatening other residents with any weapons. 11. Defendant admits to changing the locks, but did so only for his security after a break-in. Defendant posted a note on the door for other residents to gain access.(Note attached hereto as Exhibit"A") 12. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 13. Admitted that Defendant has opened his window for air circulation, but Defendant is without information sufficient to form a belief as to the truth of the rest of the averment and proof thereof is demanded at trial. 14. Denied. Plaintiff's allegations are scandalous and scurrilous and should be stricken from the record as they are totally untrue. 15. Admitted. Defendant spray painted a back door glass and window with Christmas "frost" and decorations appropriate to the season. 16. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 17. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 18. Denied. Plaintiff gave Defendant insufficient notice to change the rent and further alleged that said rent change is solely in retaliation for Defendant's reports to the Borough of the illegal operation of the premises as a boardinghouse. 19. Admitted in part. It is admitted that Defendant's rent was $400 per month, but denied that said rent had anything to do or was forced by the departure of other tenants. 20. Admitted, but by way of further answer, Defendant deducted the cost of a new lock installed to protect himself from intruders. 21. Denied. Any rent that is due has been paid into escrow as a condition of the appeal. 22. Denied. Any rent that is due has been paid into escrow as a condition of the appeal. 23. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 24. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 25. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 26. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 27. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 28. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 29. Denied. Plaintiff has not established grounds for possession of the leased premises and said allegation is a conclusion of law to which no response is required. WHEREFORE, Defendant demands that Plaintiff's complaint be dismissed and judgment entered for the Defendant. NEW MATTER 30. Paragraphs 1-29 are incorporated herein by reference hereto. 31. Defendant incorporates herein by reference hereto the averments of Defendant's Cross Complaint. 32. Plaintiff sought Defendant's eviction only after Defendant complained to the Borough Code office about the premises being used as a boardinghouse and other Code violations. 33. Plaintiff locked Defendant out of the leased premises without resort to law, for a period of two weeks during which Defendant was homeless. 34. Plaintiff stopped providing heat and water to the Defendant following notice thereof on December 1, 2008, thereby violating the notice requirements of the Landlord/Tenant Act requiring at least thirty (30) days notice of a lease amendment. 35. Defendant's homelessness for two weeks caused him great stress relative to an ongoing heart condition, of which Plaintiff was aware. 36. Defendant suffered pain and humiliation from the lockout by Plaintiff. 37. Defendant prepaid rent in the amount of $200 during the time he was locked out of the premises. AFFIRMATIVE DEFENSES 1. LANDLORD TENANT ACT 38. Paragraphs 1-37 are incorporated herein by reference hereto. 39. Plaintiff violated Defendant's rights under the Act by failing to provide notice and hearing prior to a self-help eviction. 40. The Landlord/Tenant Act provides the exclusive means to evict a tenant other than an action in ejectment. 41. Plaintiff has no lawful grounds to evict the Defendant. WHEREFORE, Defendant demands that Plaintiff's Complaint be dismissed and judgment entered for Defendant. II. UNFAIR AND DECPTIVE PRACTICES 42. Paragraphs 1-41 are incorporated herein by reference hereto,. 43. Plaintiff's lockout of Defendant constituted an unfair and deceptive practice under the Act. 44. As a result, any rent or damages allegedly suffered by the Plaintiff, are offset by the egregious damages suffered by the Defendant as a result of his homelessness. WHEREFORE, Defendant demands that Plaintiff's Complaint be dismissed and judgment entered for Defendant. COUNTERCLAIMS COUNT I - LANDLORD/TENANT ACT 45. Paragraphs 1-44 are incorporated herein by reference hereto. 46. Defendant suffered the pain and humiliation of being locked out of the leased premises for period of two weeks while suffering with a heart condition. 47. Defendant lost $200 in overpaid rent and an unliquidated amount in pain and suffering for the lockout. WHEREFORE, Defendant demands judgment against the Plaintiff in the amount of $200 and an unliquidated amount in pain and suffering, all within the amount requiring referral to arbitration. COUNT II - COVENANT OF QUIET ENJOYMENT 48. Paragraphs 1-47 are incorporated herein by reference hereto. 49. Plaintiff's lockout of the Defendant for two weeks breached the covenant of quiet enjoyment owed to the Defendant, and Defendant was damaged thereby. WHEREFORE, Defendant demands judgment against the Plaintiff in the amount of $200 and an unliquidated amount in pain and suffering, all within the amount requiring referral to arbitration. COUNT III - UNFAIR AND DECEPTIVE TRADEPRACTICES 50. Paragraphs 1-46 are incorporated herein by reference hereto. 51. In evicting the Plaintiff for two weeks, thereby causing his homelessness, Defendant violated Pennsylvania'a Unfair Trade Practice and Consumer Protection Law by leading him to believe that said lockout was judicially sanctioned and following due process and equal protection of the law. 52. Defendant's actions were egregious and caused Plaintiff great suffering and humiliation. WHEREFORE, Defendant demands judgment against the Plaintiff in the amount of $600 (treble damages) and in an unliquidated amount within the amount requiring referral to arbitration. Date: MIDPENN LEGAL SERVICES By: Geoffrey M. Biringer 401 E. Louther Street Carlisle,PA 17013 (717)243-9400 Supreme Court ID#18040 NOTICE TO ALL I am the legal resident of this dwelling. Anyone else entering or leaving is illegal.! ! ! Anyone caught removing anything will be charged with breaking and entering and theft. All of the above will be dealt with by the EP Police as criminals trespassers (incl ross). This property has been duly posted and registered with the police. Anyone desiring items may have them - at a reasonable hour and a mutually convenient time. Register on the posted list. Thank you. Thomas Sites ,. A Name Item Telephone Time/day desired VERIFICATION I, THOMAS E. SITES , make this verification that the facts set forth in the foregoing Answer, 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/'We/* e Date. /',Z/? Thomas E. Sites CERTIFICATE OF SERVICE The undersigned hereby certifies that on the date stated below, he served a true and connect copy of the within Answer, by mailing same to the office of Plaintiff's attorney of record by first class U.S. mail, postage prepaid, addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: David J.Lanza, Esquire 2132 Market Street Camp Hill, PA 17011 Date:` By:* Geoffrey M. Biringer MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID#18040 ?. ?= _..? . ,, __ a l.? .. GLADYS CLEVELAND, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS E. SITES DOCKET No. 08-6974 CIVIL TERM Defendant : LANDLORD/TENANT PRAECIPE Please accept Four Hundred Dollars ($400) in rent on behalf of the Defendant above as a condition of his supersedeas on appeal. Geoffrey M. Biringer Attorney for Defendant ;,? _? -: ,,? : € `„ M1ek kr ! GLADYS CLEVELAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-6974 CIVIL TERM THOMAS SITES, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 14th day of January, 2009, the Defendant having failed to appear for the hearing, the petition of the Plaintiff is granted. The Defendant is evicted from the property at 120 East Shady Lane, Enola, Cumberland County, Pennsylvania, effective 5:00 p.m. on January 27, 2009. By the "'/David Lanza, Esquire L /For the Plaintiff Z Geoffrey Biringer, Esquire For the Defendant Sheriff !mod-o?e?i srs (200 O Ls ,,ym t cc-L ward E. Guido, J. f ? •01 WV ? 1 of 60oz t`11 ?, yt 3HI0 Gladys Cleveland vs Case No. 08-6974 Thomas Sites rrl C71 C �= ---a Cf1 F.r, N.) Statement of Intention to Proceed -- U .`r To the Court: Plaintiff intends to proceed with the above captioned matter. Print Name David Lanza Sign Name Date: 10-29- Attorney for Plaintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I.Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice,preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v.Eagle,551 Pa.360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b)has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision(a)of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity,the course of the procedure is with the parties. If the parties do not wish to pursue the case,they will take no action and"the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter,he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d)for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket,subdivision(d)(2)provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period,subdivision(d)(3)requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision(d)(2). 13. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2.