Loading...
HomeMy WebLinkAbout09-1527JOHN R. HOCKENSMITH : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RICHARD KANNEG, NO.2009 - / Sal CIVIL TERM BETTY KANNEG, his wife, and CRS TEMPORARY HOUSING, , DEFENDANTS , NOTICE TO DEFEND 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, order 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 JUHN IL HOCKENSMITH : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RICHARD KANNEG, NO. 2009 - )r,)-7 CIVIL TERM BETTY KANNEG, his wife, and , CRS TEMPORARY HOUSING, , DEFENDANTS , COMPLAINT BREACH OF CONTRACT AND NOW, this 10' day of February 2009, comes the Plaintiff, JOHN R. HOCKENSMITH, by and through his attorneys, Irwin & McKnight, and makes the following Complaint against the Defendants, RICHARD KANNEG, BETTY KANNEG, his wife, and CRS TEMPRARY HOUSING, as follows: 1. The Plaintiff is John R. Hockensmith, an adult individual who resides at 270 Mohawk Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendants are Richard Kanneg and Betty Kanneg, husband and wife, who currently reside at 203 North Baltimore Avenue, Mount Holly Springs, Cumberland County, PA 17065. 3. The Defendant, CRS Temporary Housing, is a foreign corporation with is principal address located at 10851 North Black Canyon Highway, Suite 700, Phoenix, Arizona 85029. 4. On or about April 3, 2007 the Defendants entered into a written lease agreement for the rental of real estate situate at 299 Mohawk Road, Newville, Cumberland County, Pennsylvania 17241. A copy of the written lease is attached hereto and made a part of this Complaint and marked as Exhibit "A". 5. On or about Wednesday, April 30, 2008, the Defendants terminated the lease and vacated the property. 3 6. After the property was vacated by the Defendants, the Plaintiff discovered that significant damage had been done to the leased property. A list of damages was prepared and sent to the Defendants, a copy of which is attached hereto and marked as Exhibit "B". 7. The balance of the damages owed by the Defendants is the sum of One Thousand Nine and no/100 ($1,009.00) Dollars. 8. The Plaintiff seeks interest on the balance due with interest from May 22, 2008 and reasonable legal fees in the amount of Seven Hundred Fifty and no/100 ($750.00) Dollars. 9. The total amount sought by the Plaintiff is: Balance of Damages ............................$1,009.00 Legal Fees ................................................750.00 Costs ...........................................................78.50 Interest from May 22, 2008 ...................1,365.00 Total ................................................... $3,202.50 WHEREFORE, the Plaintiff requests judgment against the Defendants, Richard Kanneg, Betty Kanneg, his wife, and CRS Temporary Housing for the sum of Three Thousand Two Hundred Two and 501100 ($3,202.50) with costs and interest as provided by law. Respectfully submitted, IRWIN & McKNIGHT By Marc A. McKnig t, I)1, Esquire Supre a Court I.D. #.--72-5476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Plaintiff February 19, 2009 4 EXHIBIT "A" • f LEASE AGREEMENT -1 THIS made this Y or 3-Da The Owner or Landlord BE EN ere=?a=te' whether one , and or more, referred to WITNESSETH: as Tenant") T^ac Owner hereby leases to Tenant and the latter _e=s -Lum the former the apartme desi nated astia k Se a ??'-`=na=ten called the'-premises", for Month s =eginn_;;? on the term of - ?e day o? the day of d -r1l j ) 9nlansl?iS (L? at h 66 -and ending on _ rent of n monthly installments ars ofd-) per'"` t due on the 1?_of each and - every month :s uPen the following terms and conditions: Je,^rr? o e errant a g?ees to pay to Landlord on the 1 day of each the monthly rent _? -- -andlerd shall desi Hate, month in advance _=Je cf five (5%) g Tenant further at such percent per month shall the 3-__'____da of of the PaY a ece:, Y each month. amount rent ed by the 55---h_ day of an If rental payment -'araes wi any given is rental $5.00 Per month additional c-'c`- = r accrue at al late Payment is mailed, the Postmarky until paYment i _?.? = "- . If an date will is -Cr ins'?=ficient any check for the rent determine - be charged funds or other is returned reasons, a $20.00 to service - e 1- - of Notice to uit, ?c~qui Tenant he c an Y waives the o -; o r e-KC, said d agrees to surrender hereby usual .;n_; e term, or the the premises at reason, forfeiture or termination the ??atsoever otherwise Of this lease for =ec?.eY yy? If proceedings without notice session of premiSes shall be commenced by lessor rom 'er^ cr ear?; the either to _- Y -er termination of at the l the expiration - `- "r any other ease, r of Or chree reason, tenant for non-payment (3) months notice specifically wa,v T--:s Totice or any other and to fifteen (15) es the notice re cf 1951 quired under °r thirty scever sha h as amended, and the Landlord be required agrees that no notice (1) ' Tenant Pre-Mature Termination. lease without cause Tenant may the Y;Y prior to its expiration date only terminate ate giving _tren notice to Landlord at least two full calendar months aa,s) i-^- advance of the terminationadate effective from ei _st or 15th of an (E any given month; nd ther the prier cc the termination date, Tenant must Tenant elects to move ,''me notice is given, all rent due to theptermiinationo date t the an In evenc, rent must be paid to termination date prior _c-eep of the unit must be maintained to to Tenant's utilities must be maintained termination date, `?rm_nat,°n by the Tenant takes effect termination date. If a =eY.:^-at-on date, Tenant shall also prior to the original -.ct_ce of termination is given a pay to Landlord at the time -e-'-_.nation. This penalty or an y penalty for the early lease _s penalty will be determined as°followsf it is not refundable. 1) If at the time the lease terminates (60 days after the notice is given) =or less than six you will have rented from Landlord (6) full months of Lease or Renewal Term you must pay to Landlord the amount equal to three 3 rent as the penalty. ( ) months 2) If you will have rented from Landlord for more than six (6) full months but less than nine (9) full months of Lease or Renewal Term, the penalty will equal two (2) Months rent. 3) If you will have rented from Landlord for more than nine (9) full months of Lease or Renewal Term, the penalty will equal one (1) months rent. Rental Increases and Renewals. mc? or change the term Landlord may rent y increase the g_,,e„ of this Lease on w at least Seventy (70) day s ritten notice to z-z the month in which the increase in in advance of the `er7 =s effective rent or change but Landlord may not in Lease make an i - _ _,n the Lease term during the term of the increase or a ---c?-eases or change in Lease term shall take effect in Lease. manner Rent 'yec='-=eo by Landlord. This lase shll conin ,nder the same terms and onditi ons sa stat dt he elf or a ss et er part?? shall give notice in writing n unless either -?-c` 60; days prior to the end of this leasetofrh s intention to to the term=-ate the lease agreement or continue same under changed y at least v tc"c't-Cns. terms ?se. NO unit shall be used for any other purpose an a pr_vate dwelling for the Tenants or Tenants an =ne='-" immediate other family. No professional and his, heh or ccc'-:Pat_cn of any nature shall be business eve. f permitted to be conducted rwithmn accessory to the e":ant shall not main residential use of -?- permit or suffer anything n the '-'P-- or within the Unit or which will interfere wi be tdene or (2) r=ghcs of the other occupants °r otherwise, nor will Tenant annoy commit °themr with unreasonable noises or suffer any immoral t^a..,permit any nuisance or ?6, c or illegal act to be committed within Y Utilit?S• Tenant c_lities to service understands that agrees that the cost oft the utilities it i shall be led equipment for therein and Tenant UT IL= paid as follows: TO BE PAID By :?eating of Premises :heating of Water for Premises Electricity Gas (cooking) Wacer .?n -e'ephone _ `;- TV Service Sewer - ra s h?----_ _ W -?--cr? shall have the right temporarily to stop -----tY in the event of the services of -ac_'_cace repairs or alterationsc adettofthetBuigldin same _ or to Care of Premises. g. `ne premises, Tenant shall use due care ero rtances therein, and all in the use ?c= Agent sh e ` a"'c1°rd to repairp and maiItainall be an other parts of ;,,,., . _ the responsibility of `esraInecluding, but not dlord s expense, all limited to ° e c: 9 refrigerator, trash washer and dryer, ==_==tee a_sposal unless it is compactor --= ?c determined dishwasher and tenant negligence the need for repair was c--oac=^g the washer including, but n par==cles in dishwa herggn matter in °c limited to, damage disposal, grease clog, -- 'pp==cable, etc. In 9e to freezer .while "`-_antes shall not the event that defrosting, ?`?ce be repairable, Landlordn will the foregoing replace said appliance. at Landlord s -scYeC-on as to whether an Landlord shall 2_cec. Y given appliance shall have full Upon the expiration or be re6aired or fec-lac "e °11 appliances not in workin sooner termination of this 7e-,3n7's expense and the cost thereof gsha °ll sbehall be reoa_red ='s security deposit as hereinafter deducted from Rules and Re ulati ns provided. Concern .e?=-.='.:se and in occupancy of the Unit Use nd Occupant shall be subject to the followin nd other portions of the No g regulations: brought, dog' cat or other animal of any kind will be permitted or kept in the a elsewhere on the Owner's property. B. Tenant(s) members of his (their) famil tors and servants shall not at y, his (their noise, do anything or conduct themselvesinar make any (3) n anY way which disturbs any with other the rights, comfort resident 'or resident. Musical or or conveniences interferes or sound reproducing Of any other outside the a shall 9 instruments 9 o'clock Partment between 11 oIclock the following morning. each night and C. No resident maintained an shall place or any sign or advertisinermit to be placed or any roof aerial or other g matter y the apartment structure device or or elsewhere in any window of property. No resident shall or upon the placed or maintained an Place or Owner, s in or at any window any awning, screen Permit to be consent of of the apartment wi,thoutde or blind and the Owner or Agent. windows due Damage to storm prior responsibility of theotenantgllgence will be dOthe 0. Tenant shall installations use plumbing and shall be full only for their intended electrical and for y responsible for the maintenaPures nceosf and cleaning an of same lines, any stoppages in waste water E. Maximum Occupancy: will be No more than as permit ed to occu _?, person (s)q a S ??Ile Py?a he apartment, designated F. Tenant (s) a the;,. gree(s) that Owner or regulations from time co protect Agent may change the apartment to time as may add to tenants nOyment or Owners other be requ'red Tenant(s) are allowed of it. property to parking lot. only CIA parking space (s)in Deliver of circumstances Possession b Landlord. be- shall not yond Landlord's contro If, due f to the term be ready for occupanc the. herein y at the Unit nevertheless remain provided, this beginning of abated in effect and Lease shall proportionately until the rent shall Landlord shall the Unit be the not Unit be liable for is ready and days afterha eupanc Provided, if the begi l not be ready of o dcc - l Wi havnge of term sixty (60) Provided, Tenant shal the ease by written the s herein a right to titre after the exnotice delivered to Landlocancl rd ethis after the unit Piration of sixty (60) days any is ready of occu , but t shall be limited pant not ''Pon such to such y' Tenant's remedy cancellation neithert Of cancellation further rights against party shall and repay any deposit the other, said have any eccupv the Prior by Tenant. If said Landlord shall to the beginning of the term as herein provided, such occupant terms of this Lease Y shall be- sub-occupying the unit rentn forenant shall 3ect date of such occupant the same pay prior to 10. Damage by Fire. y to the beginnin period from the cas alt If the Unit is dama ed y said term. Y- Landlord shall repair within a reasonable time and cc.^.tiane unless the epag by fire or other =' = rent casualty renders the Unit -? =ch case this lease shall terminate and Tenant c= all rent to the date the unit untenantable, able for an is surrendered upon payment rendered any further rent. If only a - shall not be untenantable, the Tenant ma Portion of Landlord the unit is , alternativel Y- with the. mutual 'There upon be entitled to° ase to continue n agreement rent provided that pro rata reductionpinsthelamount the -_=ernative shall not be awaver ecof°Tena P - - '"epa?? i ht s are not made within ninet roceed under this ntl? r y (90) days 9 to terminate - Pro°ert Dama -Ord shal e and Personal l not be liable In'urv. Tenant -rY Occurring for pro ert agrees that ^, dama e or in the unit or elsewhere on damage or personal 9 injury results directly from Landlord'spee -s instructed to Y unless Tenant ' Homeowner s instructed Policy Purchase, at Tenant' negligence. occupants, to insure his personal injury T a T, other elsewhere guests, or visitors, that Y to Tenant, other on the Property. occurs within the 12 Rht of Entry. Unit or Landlord, sha l l have 'Landlord, or any person authorized b - at Pect, replace a enter the Unit at reasonable =erm,n on is ppliances as needed `- Ford shall given' to show the unit to and, after notice _ give Tenants notice prospective Tenants. Possible. However of his or their intention ..e=essarv in case of emergency. Tenant to consent shall not be Securit De osit. deposit the 'amount of en n1 greOn es t° pay as security --Dollars prior to the occuu-pant security deposit shall y of the Unit. ($ ?or se the pa be held by Landlord t' The Tenant yment of all rent and other as security to Landlord, for amounts due f- ,- this is Lease and a the Tenant om Te•^.ant s against any damages caused by Tenan ce t or family or other by Ten Owners Propert occupants to the he the securit y' Tenant understands Unit or the y deposit may not be and agrees that against any other amount applied as rent or as without Landlord's due from Tenant to Landlord, wit will written consent, and of the Lease Paid each month, includin that monthly of term. Within thirt g the last month che termination of this Lease, y (30) days following t!•:e security deposit, less Landlord account of shall return amounts owed any deductions from payable to al, by Tenant it on persons to Landlord by check (S) signing this Which Lease, mailed must be furnished to a forwardin THERE twent y (820) days after by Tenant in 9 address CHARGE WILL A CLEANING reC?GE from writing within IF NECESSARY the Unit. UPON MOVE_OUT. A??OR CARPET CLEANING 14 . Dealt of this A If any rent for the Unit Lease and if the comes due under after written notice the same remains unpaid for the terms Deemed a default of this Lease. Landlord to Tenant, five (5) days there shall be a. If Tenant fails or provision of thi to comply with any and if tenant shal Lease other than they term covenant such noncompliance to make reasonable payment of rent, l fail notice thereof b within fifteen (ls) days after to cure default of this leasedlord to Tenant, there after written shall be deemed a C. If Tenant shall file receivership or if such a a petition in and reasonable petition is filed bankruptcy or measures to discharge same against Tenant within thirty (30) days Landlord to Tenant or written notice are not taken Lease. , there shall be of such petition b deemed a default of this D. If Tenant shall of creditors or make an assignment for deemed a becomes insolvent, therehe benefit default of this Lease. shall be E' Upon default Unit -t as of this Lease without agent of Tenant and , Landlord may being liable for in Landlord s y wnter.tht z out the Unit as prosecution °n right therefor, agent of °r damages therefor • Tenant and receive rent F. Upon such entry, Landlord efforts to relet the Unit. shall use reasonable G. Upon such the unit under entr Landlord this Lease , al shall begfo of Tenant h to be shall not operate forfeited. Such entryebs paid or covenants to release tenant from term of this Lease. to be performed any rent H U during the full make such p°n such entry, Landlord reasonable repairs in -shall be authorized necessary to place the or to to the Unit as may be the purpose of reletting. same in good order and I• Tenant condition for reasonable shall be liable expenses costs of such to Landlord for real estate brokeraleg? includin epairs and all the 9. but not reasonable 9 commission actually paidlimited to, any (6) l5* Collee{ 2 ., tenant. race vi es Any unpaid statement monies due 30 days after agency. Tenant will will be turned over t collections be responsible for legal o a collections collection court costs, and any other fees costs of monies owed. associated wicost Of th the 16. I N AGREES THAT IF THIS LEASE S F CONDITIONS BROKEN DU HALL BE W INATED TENANT THI OVER THEREOF RING THE TERM OF EITHER BECAUSE OF THEN, OR WHEN THE TERM HEREBY CREATED ASE OF ANY HOLDING BE ENTE IN THAT ED AGAINST TTE ANDLFE MAY CAUSE A SHALL HAVE EXPIRED, PURPOSE TENANT HEREBY AUTHORIZED EAND ON OF JUDGMENT OF AND FOR TO CLERK OF COURT OR ATTORNEY OF THE UNIT, AND FOR THAT TENANT ANY COURT OF ERE ANY PROTHONOTARY, POSSESSIONOFCONFESS JUDGMENT RECORD TO APPEAR FOR THE UNIT AGAINST TENANT IN LANDLORD MAY CpMMENNI AN FURTHER, TENANT COVEN EJECTMENT FOR OF CIVIL PROCEDURES FOR THE ACTION PURSUANT ANTS AND AGREES THAT POSSESSION OF REAL PROPERTY ENTRY OF TO THE PENNSYLVANIA RULES OF POSSESSION PURSUANT THEREOF MAyE AN PEER IN EJECTMENT FOR AND ANT FURTHER AGREES THAT A WRIT AUTHORIZATION TO CONFESS BE ISSUED FORTHWITH, OR WRITS OF POSSESSION PURSUANT AND FOR FOR WHICH FOR WHICH AUTHORIZATION TO CONFEgs ERG THE ISSUANCE OF A WRIT OF A WRIT OR WRITS OF POSSESSION SS U MAY BE ISSUED FORTHWITH, JUD MENT AND FOR THE ISSUANCE A TRUE AND CORRECT COPY THEREOF, SHALL BETSUFFIOCIETHIS LEASE, OR Tenant, by affix4 RANT. 41 9 his signature this para ra h confess g p , hereby consents t to jud ment and such consent is in intentionally and voluntarily and excess of $10,000.00. TENANT; immediately at the end of the warrant of attorney to is made understandingly, that Tenants annual income `. subordinate? to he ordination. This Lease mortgages hereinafter lien of all is subject and includes this Unit, placed u any exist part ing mortgages and all of the Pro ert further instrument Tenant s evidencing on P y which agrees, on request, to execute request, and, if Tenant such subordination as such emPowered to do fails to do Landlord ma so in the name of Tenant. is hereby Landlord 18. eby ae or sublet Da for any ii . Tenant shall not Y or written consent, Y Portion of assign this . the unit without Landlords Pennsylvania =- This Lease shall be accordance with the laws of 20• Cumulative R m d; Landlord may resort under the ter he o Specified remedies and are not intended to be exclusive this Lease are to which regress to which Landlord may of an cumulative case of an Y other remedies or means of any default or threatened defau be b awfully entitled in provision or provisions of this Lease. Y the Tenant of any 21. Ent' e r ment and M. the entire agreement between i the fi tion. This Lease contains agreements hereafter made Parties and an or discharge this Lease in hshall' ole or ineffective to any executory agreement is change, modify in writing and Part, un arties less such executory enforcement of the Lease signed by the modifi 22. cation or dis charge $ s sought whom in u Successors and _ n H i Exec ' rs refer collectivelAin ^ The term Tenant„ rs dmini y to all persons named above used herein shall lease as Tenant, and the liability of each such joint and several. , and signing this as Tenant or Notice given by Landlord to any shall be persons t or by any such person to Landlord, Y person named also signing this lease as Tenant. The tem" shall bind all refer to any persons named Tenant shall administrators, successors, of the respective heirs they were in ever ? executors, y case named and expressed. 23. Severabilit . declared invalid i If any Provision of this Lease shall be this Lease shall continue inrfulllforce andeeffect or e, the 9 provisions of IN WITNESS WHEREOF, the parties hereto legally bound hereby, have hereunto set intending to be the date and year first-above written. their hands and seals TENANT; le C+ C-1 C_ '"rete rS Tv LL ? I G-Ar ? ? p ?.J©or o penJc;rvel' i EXHIBIT "B" ? l d, +a 1 _ ou __ _ _ _ _Jl 11 LL _ _ X17- i r.t - rTif?h_ cCCeJ_ ?NCIUd? To-L- tet- f II,,?? f N IIOL.A ` NC t?.L h? BPS b? _ ue w?t?ow ` cdCe. ??qu r o t0 n?o? o m) ?h?e ?N ScrccN 'o holes ?? cell' lkIe t clouds bro i ? ke. Q [?? ?t'?1? ooms ? ll I+ f ac? a r e o cT o?a 8.00 d 56. 06 75 d 50-. oa $o , 0 D ------ 16? . uo 1(?5? 00 g5, 00 q Qarf- tbre - rtmoues) X80.00 ??JJ f IaIPS_ tn;_ SC.re?I!-?5_ ' S4cren? ?N +II P etch. ,05 6ao 60 t1Q?es 1ti +LUO s?ree? s?'c?m Aws II ? i5,66 I? o?e 5 ? N ? amp ?4- P I??.ab ?e?a ? ou?5,de door - d e,??'s II ?????? X5,00 ?bw rJ Oll'?t U SfYlaSY1lS?. 5, o b c-mP?et? M,5R. od X50 . yo ioo?. od VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. J HN HOCKENSMITH Date: February 19, 2009 6 Ste" ? -? W F r.l Q SA. 7 7 E? -r? CL/?? Sheriffs Office of Cumberland County R Thomas Kline wxtp of c c ,)?tt# Edward L Schorpp Sher ff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OF? Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/14/2009 08:25 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2009 at 0825 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Richard Kanneg, by making known unto himself, defendant at 203 North Baltimore Aven Mount Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/14/2009 08:25 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2009 at 0825 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Betty Kanneg, by making known unto Richard Kanneg, adult in charge, defendant at 2012 North Baltimore Avenue Mount Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/17/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Complai and Notice in the following manner: The Sheriff mailed by certified mail, return receipt requested a copy o' the within Complaint and Notice to the within defendant, CRS Temporary Housing at their last known address of 10851 North Black Canyon Highway, Suite 700, Pheonix, AZ 85029. This letter was mailed under the date of March 17, 2009. The letter was received by the within defendant on March 23, 2009 anc the return receipt card was signed by Kayla Wilson. Return receipt card is hereto attached. SHERIFF COST: $71.89 March 30, 2009 Docket #2009-1527 Civil Term John R. Hockensmith vs. Richard Kanneg et al ¦ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. X ¦ Print your name and address on the reverse so that we can return the card to you. B. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: (VII-1 T"K0 ? Wuslliw? ? . ?1avv0 SO ANSWERS, ?` R THOM LINE, RIF De uty S er1 ? Agent /l ? Addressee (Printed Name) CtOKe f Delivery Is delivery address different from Rem 1? L-1 N6- If YES, enter delivery address below: ? No 3. Service Type ? Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Numb 7004 1350 0003 7145 8121 (transfer fron PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M•1540 ; i OF T?E PROTHONOTARY 2004 APR -2 AM f 1-.0 a ,w"OUNTY }''E nlNS&V' AII Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7152 Fax: 717-238-7158 email: robert.kodak@kodak-imblum.com Attorney for Defendant, CRS Temporary Housing JOHN R. HOCKENSMITH : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009-1527 CIVIL TERM RICHARD KANNEG, BETTY KANNEG, : CIVIL DIVISION - LAW his wife, and CRS TEMPORARY HOUSING Defendants PRAECIPE FOR ENTRY OF APPEARANCE To The Prothonotary: Please enter the appearance of Robert D. Kodak, Esquire, Kodak & Imblum, P.C., whose address is Post Office Box 11848, Harrisburg, PA 17108-1848, as Attorney for CRS TEMPORARY HOUSING ONLY, one of the Defendants in the ove-captioned case. Dated: April 3, 2009 -- Robert D. Kodak, Esquire I.D. No. 18041 Attorney for CRS Temporary Housing Only r' • Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7152 Fax: 717-238-7158 email: roberl.kodak@kodak-iniblum.com Attorney for CRS Temporary Housing JOHN R. HOCKENSMITH : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009-1527 CIVIL TERM RICHARD KANNEG, BETTY KANNEG, : CIVIL DIVISION - LAW his wife, and CRS TEMPORARY : HOUSING Defendants CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I have this date served a true and correct copy of the Praecipe for Entry of Appearance on behalf of CRS Temporary Housing only in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: MARCUS A McKNIGHT III ESQUIRE IRWIN & McKNIGHT 60 WEST POMFRET STREET CARLISLE PA 17013 RICHARD KANNEG and BETTY KANNEG 203 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS PA 17065 KODA M, P Robert D. Kodak Attorney I.D. No. 18041 Attorney for Plaintiff Dated: April 3 2009 F1LEF"KCE OF THE: FlA7i:p.tJ-?TARY 2009 APR -6 PH 2: 55 PEi IN SYLVA I` A JOHN R. HOCKENSMITH Plaintiff V. RICHARD KANNEG, BETTY KANNEG, his wife, and CRS TEMPORARY HOUSING Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA : CIVIL ACTION - LAW : NO: 09-1527 CIVIL TERM JURY TRIAL DEMANDED ANSWER OF DEFENDANTS RICHARD KANNEG AND BETTY KANNEG Defendants, Richard Kanneg and Betty Kanneg, hereby set forth their Answer to the Complaint in the above captioned matter as follows: 1. Admitted. 2. Admitted. 3. It is admitted that CRS Temporary Housing is a foreign corporation. After reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the principal address of the Defendant CRS Temporary Housing. 4. It is admitted that Plaintiff and Defendants entered into a written lease agreement for the rental of real estate situate at 299 Mohawk Road, Newville, Cumberland County, Pennsylvania 17241. Proof is demanded that the copy of the written lease attached to Plaintiff's Complaint as Exhibit A is a true and complete copy of the lease signed between the parties. 5. It is admitted that the Defendants terminated the lease effective April 30, 2008 and then vacated the property. By way of further answer, the Defendants gave advance notice to the Plaintiff that the lease would terminate. 6. After reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and proof is therefore demand. By way of way of further answer the list of damages attached to Plaintiff's Complaint as Exhibit B was not delivered to the Defendants in compliance with law. 7. After reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and proof is therefore demand. It is admitted that Plaintiff's seeks interest on the balance claimed due, but it is denied that the Plaintiff is entitled to collect on this claim. 9. It is admitted that the Plaintiff seeks the damages set forth but it is denied that the Plaintiff is entitled to collect on the claim. NEW MATTER AND COUNTERCLAIM 10. At the beginning of the tenancy referenced by Plaintiff in Plaintiffs Complaint, Defendants paid a security deposit to Plaintiff in the amount of $1,850. Defendants were assisted in locating the tenancy by CRS Temporary Housing, which company worked with Defendants' fire insurance company, State Farm Insurance, because the Defendants required temporary housing while they were displaced from their permanent residence due to a fire. 11. Plaintiff knew that Defendants' tenancy was temporary and that Defendants would return to their residence in Mt. Holly. 12. Plaintiff was fully aware of the address of Defendants' permanent residence in Mt. Holly because Plaintiff had given Defendants a proposal to perform concrete and masonry work at the Mt. Holly address. 13. Defendants notified Plaintiff of the address to which they were moving when they ended their tenancy. 14. Plaintiff did not provide to Defendants a written list of damages to the leasehold premises for which Plaintiff claimed the Defendants to be liable within 30 days of the termination of the lease and surrender an acceptance of the leasehold premises. 15. Plaintiff's failure to pay Defendants' security deposit was wrongful under Section 512 of the Landlord and Tenant Act of 1951. 16. Defendants claim an amount equal to double the amount of the security deposit which was wrongfully withheld as per Section 512 of the Landlord and Tenant Act of 1951. WHEREFORE, Defendants pray your Honorable Court to enter judgment in favor of Defendants and against Plaintiff in the amount of Three Thousand Seven Hundred ($3,700.00) dollars. Respectfully submitted, Date: -'1-U By:?_ Richard Kanneg ?`?- 203 North Baltimore Av Mt. Holly Springs, PA 17241 Date: q- -?- y I •r By: _ B anneg 205 North Baltimore Avenue Mt. Holly Springs, PA 17241 VERIFICATION I verify that the statements made in the foregoing document are true and correct. 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: By, Richard Kanneg VERIFICATION I verify that the statements made in the foregoing document are true and correct. 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: ?Be anneg JOHN R. HOCKENSMITH Plaintiff V. RICHARD KANNEG, BETTY KANNEG, his wife, and CRS TEMPORARY HOUSING Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA CIVIL ACTION - LAW NO: 09-1527 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that on this date '? . 2009 I mailed a certified true copy of Defendants' Answer with New Matter to the following persons at the following addresses by U.S. Mail, delivered to: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 Robert D. Kodak, Esquire 407 North Front Street PO Box 11848 Harrisburg, PA 17108-1848 Date: o Richard Kanneg OF THr ?7 ti? t. " rY 2009 AFR - 7 PH 2: 0 5 .John. R. Hockensmith Plaintiff vs Case Nfo. 2009 - ] .`.i 2 7 Richard Kanneg, Betty Kanneg, his wife, and CRS Temporary Housing G a N Defendant:> `~ Statement of Intention to Proceed Z~ ~-- .~C 7a ~ fo the Court: <~ ~ ~ c`: ~ __The Plaintiff _ intends to proce ith,~te ab a captiont~stterc~ ,~ ~~ Print Name Marcus A. McKnight, III Sign Nam~_ ___ - _ __ ___ Date: _ October 26, 2012 Attorney for_the 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 comrttent. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the terminatiion 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 1 104, (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 [f~ the action is terminated when a party believes that it should not have been terninated, 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. Tire 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 (ci)(2). B. 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. c' --~ ~ -~, ~ ~~ ~ ~-+-, c~ ~' ~~. ~ ~,