HomeMy WebLinkAbout08-7175ti
COMMONWEALTH OF PFNNSYI VONIO
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
ljL DISTRICT JUSTICE JUDGMENT
(.?
COMMON PLEAS No. ?- 711,5, el-rd I
140TICE OF APPEAL
Notice is given that the appellant has filed in the above C rt of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
NAME OF APPELLANT MAG. D[ST. NO. NAM OF D.J.
1_6_3 4Zk" S. t
A RESS OF APPELLANT CITY STATE ZIP CODE
DATE O?F ?E^N?T
/ I ?E OF (Plaintift) (Defendant)'
vs
DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT
This block will be signed ONLY when this notation is reclil ired under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case
(20) days after filing the NOTICE of APPEAL.
Signature of Prothonotary or
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant as 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 s ed upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
appellee(s), to file a complaint in this appeal
Nameofappell (s)
(Common Pleas No. A- 7/757 8'a l 7
trr ithin twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appetlant or attorney or agent
RULE: To appellee(s)
(1) You are notified that a rule is hereby entered up
of this rule upon you by personal service or by certified of
(2) If you do not file a complaint within this time, a Ji
(3) The date of service of this rule if service was by
Date: 20 Q
YOU MUST INCLUDE A COPY OF THE NOTICI
AOPC 312-02
WHITE - COURT FILE TO BE FILED WITH F
PINK - COPY TO BE SERVED ON
n you to file a complaint in this appeal within twenty (20) days after the date of service
"egistered mail.
DGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
iail is the date of the mailing.
r Signature of P onota or Deputy
Ax? /0? 49*/
OF JUDGMENT/TRANSCRIPT FORM ITS NOTICE OF APPEAL.
IOTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY
PPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
lr;r
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of se v 0Ld3Z8E FILED W1TRI)VTEN (90) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT. I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas , 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 official before whom affidavit was made
Title of official
My commission expires on 20
M? ° ,
Z_-` C")
.? . w.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: Ct -XRZ ADD
Mag. Dist. No..
09-1-03
MDJ Name: Hon.
BICEAED S. D017t=TY
Address. 99 8 titMOLA DR 8TE 1
EIIOLA, PA
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
OLMYS
raw LM
,
1499 JWM9 PLACE
EELLERTONN, PA 19055
L J
vs.
DEFENDANT: NAME and ADDRESS
r8ITE8, TOIL
12 0 2. 9WWT LAM
MLA, PA 17025
L J
Docket No.: LT-0000375-09
Date Filed: 10/29/08
Tels0ow (717) 728-2805 1701;5
TOK 8ITE8
120 E. 8EADY LASE
MLA, PA 17025
THIS IS TO NOTIFY YOU THAT:
Judgment:
Z? Judgment was entered-for: (Name)"
Judgment was entered against SIT]
Landlord/Tenant action in the amount of $
The amount of rent per month, as establis
The total amount of the Security Deposit is $_
Total Amount
Rent in Arrears &
Physical Damages Leasehold Property $$
Damages/Unjust Detention
Attachment Prohibited/
42 Pa.C.S. § 8127
This case dismissed without prejudice.
Possession granted.
TOK in a
1,150.00 on 11/17/09 (Date of Judgment)
by the Magisterial District Judge, is $ 400.00.
.00
ished by rlijo?ess • Security Deposit Appli-d
1, v $ •Y0Y0
_eo $ _ee=
,s Amt Due Defendant from Cross Complaint -
interest (if provided by lease)
UT Judgment Amount
Judgment Costs
Attorney Fees
Total Judgment
Adjudicaied?ouDL
$ 1 0
.00
_eo
$ _00
$_ _ OD
$ 1_AO__ A_0_0
$ 1SA_Ge
$ _ee
$ 1,150.00
$
Z Possession granted it money judgment is n
N Possession not granted.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, AD
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. TH
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARF
SECTION 0 TENANTS SHOULD REFER TO P6.R.C.P.M.D.Y
IF A PARTY WISHES TO APPEAL ONLY THE MONEY P
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIV
THE PARTY FILING AN APPEAL MUST INCLUDE A CC
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF C
HOLDER ELECT'S TO ENTER THE JUDGMENT IN THE CC
OF COMMON PLEAS AND NO FURTHER PROCESS MAY
UNLESS THE JUDGMENT IS ENTERED IN THE COURT
A REQUEST FOR ENTRY OF SATISFACTION WITH THE N
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGN
NOV 17 2008 Date
Defendants are jointly and severally liable.
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
JST DEPOSIT WITH THE PROTHONOTARYICLERK OF COURTS THE LESSER OF
1R8 ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR
10.1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT.
RTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
HIGH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
_ PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
T OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
i1STERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
Date
My commission expires first Monday of January, 012
SEAL
District
District
U,S. postal Service FCEIPT
i
I
I only;
ti
it ur
m x
O ?
M $ ru postage
r u Certified Fee Postmark
Here
ru Return Receipt Fee
O (Endorsement Required) z
O
O Restricted Delive aired)
(Endorsement Req
O ?
ru Total Postage & Fees $ J
o
?J JC srl%'v ???• Y ant 0
C3 - -at,
O or PO Box No. ------- ____ _____
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service4WST BE FILED WITHIN TEN (10) DAYS AFTER Ming of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ef£ ss
AFFIDAVIT- I hereby (swear) (affirm) that I served
a copy of the Notice of Appeal, Common Pleas (f?'7i 7S , upon the District Justice designated therein on
(date of service) ^ /?2 -, 200 ? by personal service Af by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) a4m6- rzrye 1,1A,0 , on
102hlof - , 2000 ? by personal service a by (certified) (registered) mail,
sender's receipt attached hereto.
DAY
of official beW whofn affidavit was
ride Of official
My commission expires
[My MMONWEALTH OF PENNSYLVANIA
Notarial S(W
Talmmie L. Pets, NoteryPdDk
Carlisle Sm, can berland Canty
Corgi E Sept. 9, 2011
Member, Pennsvlvanii Association of Notaries
BEFOR?ME
Signature of affiant
20_Zl_
ra
m LT' CX*
m
d._ n_.
C ?
-<.,. C)
Wit}
C
? s
?
?
;UMMONVVEALTH OF PENNS
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL
SOnetum of ProthorWery or D"ay
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 Prothonotary
Enter rule upon
appellee(s), to file a complaint in this appeal
Name of appeNee(s)
(Common Pleas No. sf ?<'
within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature ofappe*nforaltomeypfagent
RULE: To ( 3irr?f'J2.f appellee(s)
Name 07appeltee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you Flo not fife a`COr i t within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) date of service of this r6ie,)f service was by mail is the date of the mailing.
Date: 20
Signature ofProthonota Deputy
YC MUST INCLUDEA COPY OF THE NOTICE OF JUDGtill W'#'I•RA CRIPT FORM NfCT'H THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANT'S COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
David J. Lanza
David
I.D. No. 55782
2132 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
GLADYS CLEVELAND,
V.
THOMAS SITES,
Plaintiff
Defendant
COMPLAINT
NO. 08-7175
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 has resided at the Premises without a lease.
5. 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.
6. Defendant has damaged the interior and exterior of the premises intentionally.
7. 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.
8. Defendant spread feces throughout the bathroom of the premises so as to render it unusable
to the other occupants.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
9. Defendant has threatened the other residents of the premises with a shotgun.
10. 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.
11. 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.
12. 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.
13. 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.
14. Defendant has spray painted the windows of the premises so as to completely block the light
from accessing the Premises.
15. Defendant has committed additional acts of vandalism and harassment at the Premises.
16. Defendant has ground stones and other substances into the carpeting of the Premises.
17. 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, plus additional rent to compensate Plaintiff for Plaintiff's inability to rent the
premises while Plaintiff repairs the premises.
18. 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.
19. Defendant paid only $312.58 for the month of July 2008.
20. Defendant has failed to pay any rent from and after September 2008.
21. Defendant paid only $200.00 for the month of September 2008.
22. Plaintiff has been forced to incur District Justice filing fees in the amount of $150.00.
23. 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.
24. 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.
25. Plaintiff has been forced to incur attorney fees for the purpose of addressing Defendant's
illegal and tortious conduct.
26. 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
29. Plaintiff is entitled to judgment against Defendant in the amount of $4,472.58.
Wherefore, Plaintiff demands judgment against Defendant, Thomas Sites 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,
r\
By:
David J. Lanza
Attorney I.D. No. 55782
2132 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiff
VERIFICATION
I, David Lanza, verify that the statements made in this Complaint are true and correct to the best of my
knowledge, information and belief. The source of the information for the Complaint is Gladys Cleveland, who is
unavailable to sign this verification page. I understand that false statements made herein are made subject to
the penalties of 18 Pa. C.S.A 34904, relating to unsworn falsification to authorities.
Date: By:
David Lanza
CERTIFICATE OF SERVICE
AND NOW, this 5t' day of February, 2009, 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:
Vincent Monfredo, Esq.
155 South Hanover Street
Carlisle, PA 17013
By:
David Lanza
2WI
n o p
" m
177 f
M
. X
GLADYS CLEVELAND,
Plaintiff
THOMAS SITES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08-7175
CIVIL ACTION LAW
NOTICE TO PLEAD
TO: Gladys Cleveland
c/o David J. Lanza
2132 Market Street
Camp Hill, PA 17011
You are hereby notified to file a written response to the enclosed Answer to Complaint
and New Matter within twenty (20) days from service hereof or a judgment may be entered
against you.
Respectfully submitted,
ROMINGER & ASSOCIATES
Dated:
Vincent M. Monfredo, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 206671
Attorney for Defendant
GLADYS CLEVELAND,
Plaintiff
V.
THOMAS SITES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-717
CIVIL ACTION LAW
DEFENDANT'S ANSWER TO COMPLAINT AND DEFENDANT'S COUNTERCLAIM
AND NEW MATTER
AND NOW, comes Thomas Sites by and through his counsel, Vincent M. Monfredo,
Esquire and Answers Plaintiff's Complaint as follows:
ANSWER
L Admitted.
2. Denied. Defendant currently does not have a home.
3. Admitted.
4. Admitted in part. Denied in part. It is admitted that there was no written lease, but an
oral lease may have developed over time.
5. Admitted in part. Denied in part. It is admitted that Defendant occupied the property
with several other occupants. It is denied that he drove them away and it is denied that
his conduct was illegal and tortuous. By way of further answer, that statement is a
conclusion of law and requires no answer. Further, strict proof of the same is demanded
at trial.
6. Denied. If any property was damaged it was done so unintentionally. Strict proof of the
same is demanded at trial.
7. Denied. Strict proof of the same is demanded at trial. Multiple people and animal
owners lived at the same premises and it is denied that Defendant intentionally spread
feces throughout the interior of the premises. Paragraph 7 further avers that Defendant
trespassed on a neighbor's property. This statement is a conclusion of law which requires
no answer and strict proof of the same is demanded at trial.
8. Denied. Strict proof of the same is demanded at trial.
9. Denied. Strict proof of the same is demanded at trial.
10. Denied in part. Admitted in part. It is admitted that Defendant changed the locks. It is
denied he did so to deprive others of their possessions. Defendant did so for protection.
It is unknown whether Plaintiff incurred charges as a result and therefore it is denied and
strict proof of the same is demanded at trial.
11. Denied. Strict proof of the same is demanded at trial.
12. Denied. Strict proof of the same is demanded at trial.
13. Denied. Strict proof of the same is demanded at trial.
14. Admitted in part. Denied in part. It is admitted that Defendant painted some windows
for decoration. It is denied that Defendant did so to block light and strict proof of the
same is demanded at trial.
15. Denied. Strict proof of the same is demanded at trial. By way of further answer. this is a
conclusion of law which requires no answer.
16. Denied. Strict proof of the same is demanded at trial.
17. Denied. Strict proof of the same is demanded at trial. By way of further answer, this is a
conclusion of law which requires no answer.
18. Admitted in part. Denied in part. It is admitted that Defendant was paying $400.00 per
month for rent. It is denied that he forced out the other occupants and strict proof of the
same is demanded at trial.
19. Denied. Strict proof of the same is demanded at trial.
20. Denied. Strict proof of the same is demanded at trial. Defendant has paid rents through
February 2009.
21. Denied. Strict proof of the same is demanded at trial.
22. Denied. Strict proof of the same is demanded at trial.
23. Denied. Strict proof of the same is demanded at trial. By way of further answer, this is a
conclusion of law which requires no answer.
24. Denied. Strict proof of the same is demanded at trial. By way of further answer, this is a
conclusion of law which requires no answer.
25. Denied. Strict proof of the same is demanded at trial. By way of further answer, this is a
conclusion of law which requires no answer.
26. Denied. Strict proof of the same is demanded at trial.
27. Listed as paragraph (28) of Plaintiffs Complaint. Denied. Strict proof of the same is
demanded at trial. By way of further answer, this is a conclusion of law which requires
no answer.
28. Listed as paragraph (29) of Plaintiff s Complaint. Denied. Strict proof of the same is
demanded at trial. By way- of further answer, this is a conclusion of law which requires
no answer.
WHEREFORE. Defendant demands judgment in his favor and against Plaintiff without costs.
DEFENDANT'S COUNTERCLAIMS
COUNT I - BREACH OF THE COVENANT OF QUIET ENJOYMENT
29. Previous paragraphs are incorporated herein by reference.
30. Defendant was living at the premises in question and owned by Plaintiff.
31. On or about, September 7, 2008, Defendant suffered a heart attack.
32. Defendant was in the hospital recovering for about three (3) days.
33. During this time the locks were changed and he was locked out of the premises by
Plaintiff.
34. Defendant, after having just suffered a heart attack had to live in his car for about
fourteen (14) days.
35. Defendant was not given access to his belongings.
36. Defendant was forced to wear the same clothes for this period of time.
37. Defendant seeks monetary damages including punitive damages and treble damages as
allowed by the Unfair Trade Practices and Consumer Protection Law and to be
determined at trial.
WHEREFORE. Defendant demands judgment in his favor in excess of the amounts required by
compulsory arbitration and against Plaintiff without costs.
COUNT II - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
38. Previous paragraphs are incorporated herein.
39. Plaintiff and Defendant entered into a month to month oral lease.
40. Defendant paid rent for the month of September, 2008.
41. Defendant suffered a heart attack on or about September 7, 2008, and spend three days
recovering in the hospital.
42. While Defendant was recovering in the hospital. Plaintiff intentionally changed the locks
with knowledge that Defendant would not be able to access the premises when he
returned from the hospital.
43. Defendant was denied access to the premises by Plaintiff.
44. Plaintiff s conduct was willful, extreme, and outrageous, and as a result. Defendant was
forced to live out of his car for two weeks, during which time Defendant did not have
access to his clothes, medicine, or any other personal belongings that remained locked
inside the premises.
45. Defendant suffered humiliation, mental anguish, and physical and emotional distress as a
result of being locked out of the premises without access to his clothes, medicine, and
other personal belongings.
46. Defendant seeks monetary damages including punitive and treble damages as a result of
Plaintiffs intentional, extreme and outrageous conduct.
WHEREFORE, Defendant demands judgment in his favor in excess of the amounts required by
compulsory arbitration and against Plaintiff without costs.
NEW MATTER
47. Previous paragraphs are incorporated herein.
48. Defendant claims retaliatory eviction as an affirmative defense.
49. Defendant tiled a complaint with East Penn Township for Code violations against
Plaintiff on or about September 6, 2008.
50. Plaintiff is not entitled to relief because of Plaintiffs retaliatory motive.
WHEREFORE, Defendant demands judgment in his favor and against. Plaintiff without costs.
GLADYS CLEVELAND, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08-7175
THOMAS SITES. : CIVIL ACTION LAW'
Defendant
CERTIFICATE OF SERVICE
I, Vincent M. Monfredo Esquire, do hereby certify that I served a copy of the Ans14°er and
New Matter upon the following by depositing same in the United States mail, postage prepaid, at
Carlisle. Pennsylvania addressed as follows:
David J. Lanza, Esquire
2132 Market Street
Camp Hill, PA 17011
Dated.
Respectfully submitted,
ROMINGER & ASSOCIATES
Vincent M. Monfredo, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 206671
Attorney for Defendant
ATTORNEY VERIFICATION
Vincent M. Monfredo. Esquire, states that he is the attorney for Thomas Sites. Defendant
in this action; that he makes this affidavit as attorney because he has sufficient knowledge or
information and belief. based upon his investigation of the matters averred or denied in the
foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S.
Pa.C.S_ §4904, relating to unsworn falsification to authorities.
Dated:'( - C'
incent M. Monfredo, Esquire
Attorney for Defendant
E
David J. Lanza
I.D. No. 55782
2132 Market Street Attorney for Plaintiff
Camp Hill, Pennsylvania 17011
(717) 730-3775
GLADYS CLEVELAND, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 08-7175
V.
CIVIL ACTION - LAW
THOMAS SITES,
Defendant
PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S COUNTERCLAIM
1. Defendant's Counterclaim seeks damages related to the "Unfair Trade Practices and Consumer
Protection Law."
2. Defendant sets forth no misrepresentation as a basis for his claim.
I Defendant alleges only an improper eviction.
4. The Statute to which Defendant refers requires misrepresentation, not merely some action with
which Defendant disagrees.
5. Defendant's Counterclaim seeks damages for intentionai infliction of emotional distress.
6. Defendant alleges no physical consequences from the aforesaid "distress."
7. The only physical ailments complained of by Defendant occurred, as alleged by Defendant, prior
to the alleged wrongful conduct of Plaintiff.
8. Such physical ailment (the alleged prior heart attack) cannot support a claim related to infliction of
emotional distress.
NJ C:)
......fit 3
CD-n
` °
. CD
Wherefore, Plaintiff demands judgment in favor of Plaintiff.
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
CERTIFICATE OF SERVICE
AND NOW, this 21St day of February, 2011, the undersigned does hereby certify that he 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:
Vincent Monfredo, Esq.
155 South Hanover Street
Carlisle, PA 17013
By:
David Lanza
24&1
GLADYS CLEVELAND IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.: 08-7175 CIVIL TERM
CIVIL ACTION - LAW
THOMAS SITES,
Defendant _
JURY TRIAL DEMANDED"'
C °
--? c:)
MOTION TO COMPEL DISCOVERY ,
AND NOW, comes Thomas Sites, by and through his privately retained counsel, Vincent M.
Monfredo, Esquire and offers the following:
PROCEDURAL HISTORY:
1. Plaintiff filed a Complaint against Defendant on or about February 5, 2009.
2. Defendant filed an Answer, Counterclaim, and New Matter on or about September 14, 2010.
3. Plaintiff filed Preliminary Objections on or about February 22, 2011.
4. Defendant served a First Set of Interrogatories (Exhibit A) to Plaintiff on May 23, 2011.
5. Defendant mailed a letter to Plaintiff asking them to answer said interrogatories to avoid
Defendant from filing a motion to compel on July 7, 2011 (Exhibit B).
6. Plaintiff has yet to respond to Defendant's request.
7. Defendant brings this Motion respectfully requesting the Court to compel Plaintiff to
cooperate in the discovery process set forth in the Pennsylvania Rules of Civil Procedure.
8. No part of this case has been heard by any Judge at the Common Pleas level yet.
9. Without discovery Defendant cannot prepare a defense or prepare any additional pretrial
motions.
WHEREFORE, Defendant respectfully requests that this Court Compel Discovery and order the
Plaintiff to answer the Defendant's first set of interrogatories.
Respectfully submitted,
Rominger & Associates
Date: August 11, 2011
Vincent M. Monfredo, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court I.D. # 206671
Attorney for Defendant
GLADYS CLEVELAND IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
?'• NO.: 08-7175 CIVIL TERM
CIVIL ACTION - LAW
THOMAS SITES,
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Vincent M. Monfredo, Esquire, attorney for Defendant, do hereby certify that I this day served a
copy of the Motion to Compel Discovery upon the following by depositing the same in the United States
mail, first class, postage prepaid, addressed as follows:
David J. Lanza, Esquire
2132 Market St.
Camp Hill, PA 170122
Date: August 11, 2011
Respectfully submitted,
Rominger & Associates
Vincent M. Monfredo -Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court I.D. # 206671
Attorney for Defendant
C- A-
r*
V.
THOMAS SITES,
Defendant
E"1 THE COURT OF COMMON PLEAS 0.1--
T71
^ s AND COUNTY, PENNSYI.- TT
NO. 08-7175
CIVIL ACTION LAW
INTERROGATORIES OF THE DEFENDANT FOR ANSWER BY PLAINTIFF
TO: Gladys Cleveland
c/o David J. Lanza, Esquire
2132 Market Street
Camp Hill, PA 17011
PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil
Procedure No. 4001, et se 4., to serve upon the undersigned, within thirty (30) days after service
of this Notice, your Answers in writing under oath to the following Interrogatories.
DEFINITIONS AND INSTRUCITONS
1. The term "document" herein, includes (whether or not specifically called for) all printed,
typewritten, graphic or recorded matter, however produced or reproduced and however formal or
informal.
2. Whenever asked to "identify" a document, the following information should be given as
to each document of which you are aware, whether or not you have possession, custody, or
control thereof:
(a) The nature of the document (e.g., letter memorandum, computer print-out,
minutes, resolution, tape recording, etc);
a PETITIONER'S
W EXHIBIT
J
W
Q
y
J
J
Q
fb T?1p rare of the doc,_, cnt, document does not contain a date tl1°n, '1,b° date the document was prepared;
(c) The name, address, employer and position of the signer or signers (or if there
should be no signers, the name of the person who prepared the document);
(d) The name, address, employer and position of the person, if any, to whom the
document was sent;
(e) If you have possession, custody of control of the document, the location and
designation of the place or file in which it is contained, and the name, address and position of the
person having custody of the document;
(f) If you do not have possession, custody or control of the document, the present
location thereof and the name and address of the organization having possession, custody or
control thereof, and
(g) A brief statement of the subject matter of such document.
3. Whenever asked to "identify" an oral communication, the following information should
be given as to each oral communication of which you are aware, whether or not you or others
were present or participated therein:
(a) The means of communication (e.g., telephone, personal conversations, etc.);
(b) The location;
(c) The date;
(d) The names, addresses, employers and positions (a) all persons who participated in
the communication; and (b) of all other persons who were present during or who overheard that
communication;
(e) The substance of who said what to whom and the order in which it was said; and
?ft.?i'tP_,fhPr :r},ar, f (a4?1?n1???a?aj:llr or any part thereof is recorded, dParr 7n
e.
to in ay document (however informal) and, if so, and identification of such document in the
manner indicated above.
4. If you claim that the subject matter of a document or oral communication is privileged,
you need not set forth the brief statement of the subject matter of the document, or the substance
of the oral communication called for above. You shall, however, otherwise "identify" such
document or oral communication and shall state each ground on which you claim that such
document or oral communication is privileged.
5. Whenever asked to "identify" a person, the following information should be given:
(a) The name, present address and present employer and position of the person; and
(b) Whether the person ahs given testimony by way of deposition or otherwise in an
proceeding to the present proceeding and/or whether that person ahs given a statement whether
oral, written, or otherwise and if so, the title and nature of any such proceeding, the date of the
testimony, whether you have a copy of the transcript thereof, the name of the person to whom the
statement was given, where the statement is presently located if written or otherwise transcribed,
and the present location of such transcript or statement if not in your possession.
6. The term "you" shall be deemed to mean and refer to the party to whom these
Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall
not be limited to, you're attorneys, consultants, sureties, indemnities, insurers, investigators, and
any other agents insofar as the material requested herein is not privileged.
7. The word "incident" shall be deemed to mean and refer to the incident as alleged to have
occurred and as set forth in your Complaint.
These Interrogatories shall be deemed to be continuing Interrogatories. Between the time
of your answers to said Interrogatories and the time of trial, if you or anyone acting in your
behalf learns the identity or whereabouts of other witnesses not disclosed in your answers, or if
'br it ns iParr+ -?f arijit?vraj inrormai.ion requested herein, by not su?-!-
then you shall promptly furnish a supplemental answer under oath containing the same.
3 ; I E R. R 0GA' DRIES
How long did Defendant live at the residence of 120 E. Shady Lane, Enola, PA,
Cumberland County, Pennsylvania 17025 (referred to as "the Premises" in your
Complaint)
ANSWER:
2. Are you aware that the Defendant filed a complaint with East Penn Township regarding
Code violations against yourself on or about September 6, 2008, and if so, when dad you
become aware of this?
ANSWER:
Please list eye witnesses, with their names and addresses and phone numbers who
witnessed the Defendant destroy the interior of the Premises, spread feces throughout the
Premises, threaten other residents, drain the hot water of the unit in the Premises, or
commit any other type of offense referenced in your complaint?
ANSWER:
4. Please state with names, addresses, and phone numbers the residents who were threatened
with a shotgun as referenced in your Complaint at paragraph 9.
ANSWER:
5. Did the Defendant sign a written lease?
ANSWER.
o. What were the terms of Defendant's lease -whether written or verbal?
ANSWER.-
7. Did you lock the Defendant out of the Premises by changing the locks and if so on ghat
date?
ANSWER-
8. If you answered yes to number 7, was the Defendant given access to his belongings and
property and if so, on what date?
ANSWER:
9. Did anvor+e
a. If yes, please state:
i. Their name, address, and phone number;
ii. The dates they lived there;
Their reason for moving out;
ANSWER:
Date: Respectfully submitted,
R®MINGER & ASSOCIATES
Vincent M. Monfredo, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 206671
Attorney for Defendant
GL AD CIS CLEA?ELAT'1 1 ? HE COURT d) Colryl;a?a011 PLEAS O
4:13,. •!`!` !'Y T';1. nj-T? /. NTT. r/?9 T-N T' 7'?
i.t
v. : NO. 08-7175
THOMAS SITES, : CIVIL ACTION LAW
Defendant
CERTIFICATE OF SERVICE
I hereby certify that on this 9 day of = ?I , 2011, a true and correct
copy of the foregoing Interrogatories was served upon the following by depositing same into
the United States Mail, first-class mail, postage pre-paid to:
Gladys Cleveland
c/o David J. Lanza, Esquire
2132 Market Street
Camp Hill, PA 17011
Date: J i J (( Respectfully submitted,
ROMINGER & ASSOCIATES
Vincent M. Monfredo, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 206671
Attorney for Defendant
. ROMINGER & ASSOCIATES
Offices in:
Carlisle
Camp Hill
Chambersburg
Ephrata
Hanover
Harrisburg
Lancaster
Lebanon
Attorneys at Law
155 South Hanover Street
Carlisle, Pennsylvania 17013
Tel: (717) 241-6070
Fax: (717) 241-6878
Karl E. Rominger
Eric R. David
Drew F. Deyo
Robert A. Kulling
Vincent M. Monfredo
Steven R. Snyder *
* Licensed to Pmctice in PA and N(
July 7, 2011
David J. Lanza, Esquire
2132 Market Street
Camp Hill, PA 17011
RE: CLEVELAND v. SITES
DOCKET NO. 08-7175
Dear Attorney Lanza:
I had forwarded to you on or around May 23, 2011, a set of Interrogatories to be
answered. As the deadline for the Answers to the Interrogatories expired on or around
June 23, 2011, I am inquiring as to whether or not you are going to answer the same.
If you do not provide the Answers to my office in the near future, I will be
compelled to file a Motion to Compel Discovery next week.
If you have any questions or would like to discuss a possible resolution to this
matter, don't hesitate to contact me.
Sincerely,
Vincent M. Monfredo, Esquire
VMM:Ijj
a PETITIONER'S
EXHIBIT
14
W
J
Q
ADVOCACY • ADVICE • ANSWERS
h
AI
GLADYS CLEVELAND IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.: 08-7175 CIVIL TERM
CIVIL ACTION - LAW
.rn "
C= k --i -=
y_
f , C-5
t ,..
THOMAS SITES, -?'• W v:
Defendant JURY TRIAL DEMANDED
ORDER OF COURT -- V
AND NOW, this L day of 2011, the Motion to Compel Discovery is
hereby GRANTED and the Plaintiff is Ordered to p--,,T;,] Defeadent-with the foqoesred DiscoveryBy the
J.
Distribution:
? Vincent M. Monfredo, Esquire
ROMINGER & ASSOCIATES
155 South Hanover Street 0""s
11
Carlisle, PA 17013 $f 1'1''
q
David J. Lanza, Esquire
2132 Market Street
Camp Hill, PA 17011