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HomeMy WebLinkAbout09-1588 Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SUZANNE DIEHL and DONALD E. DIEHL, Plaintiffs V. CHRISTOPHER T. JONAS and LEANN M. JONAS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :No. 2009 - t s w CIVIL TERM 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 Plaintiffs. 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 MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 F TILESTlients112827 Diehh I 2827.12.c. Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SUZANNE DIEHL and DONALD E. DIEHL, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :No. 2009 - /5-it CIVIL TERM CHRISTOPHER T. JONAS and LEANN M. JONAS, Defendants COMPLAINT 1. Plaintiffs, Suzanne Diehl and Donald E. Diehl, are adult individuals residing at 110 W. Springville Road, Boiling Springs, Pennsylvania 17007. 2. Defendants, Christopher Jonas and Leann Jonas, are adult individuals who reside at 121 West Hunter Road, Carlisle, Cumberland County, Pennsylvania. 3. On or about August 26, 2008, Plaintiffs and Defendants entered into a written residential lease agreement ("Residential Lease") whereby Defendants agreed to rent the premises at 131 Andrew Court, Carlisle, Pennsylvania 17013 ("Premises"). A true and correct copy of the Residential Lease Agreement is attached hereto as Exhibit "A" 4. The Residential Lease ended on or about September 14, 2009. 5. Pursuant to the Residential Lease, Defendants agreed to make monthly rental payments of $900.00 due on or before the 15' day of each month and was delinquent on the 16' day of the month. 5. In the event that a payment became delinquent, a late charge of $3.00 per day was assessed. 6. Defendant failed to make a timely payment of rent for the months of December 2008 and January 2009 and vacated the Premises thereafter. 7. The outstanding rent owed for the remaining term of the Residential Lease is $9,250.00, plus late fees. 8. damages as follows: 9. 10. damages as stated above, plus costs of suit and attorney fees. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in the amount of $12,352.61, plus costs of suit, interest, any additional damages discovered hereafter, and attorney fees in the amount of $1,000.00. MARTSON LAW OFFICES By: 01e,171 (- /e-- Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 Date: - /2 - Q (717) 243-3341 Attorneys for Plaintiff After an inspection of the Premises, Plaintiffs determined that Defendants caused a. Replacement of carpeting (see invoice in the amount of $2,707.61 attached as Exhibit "B." b. Removal of trash and cleaning services in the amount of $420.00 (invoices attached as Exhibit "C." Defendants have failed and refuse to pay the outstanding charges as stated above. Pursuant to the Lease Agreement, Defendants are indebted to the Plaintiffs for This a debt collecting firm. Any information obtained will be used for that purpose. EXMBIT'°A" RESIDEN'TIAI, LEASE A REEMENT This is a Lease. Today's date i5 7- pQ( The Landlord is Suzanne Diehl 4 East , 20[ . Diehl, a licensed Penns lyan• R M? Street, State A, Carlisle, PA 17013) and/or Donald E. 17013). y EaBroker (4 East High Street, Suite A, Carlisle, PA The Tenant(s), collectively referred to as "Tenant," are: Can The rented pro as. The Landlord. and T enant will legally be responsibl and Tenaeeif both uri$`erstand that t e to follo w the terms of this Lease. L attornhis as a legal, binding contract and either Landlord attorneys opinion before suing it. Pay may seek an T-E - OF LEASE This lease °n•.?.?Ti-.a-, ?o will begin on 200?r 200 and end at midnight 2'ION. It is agreed that either Landlord or Tenant of the initial term by giving the other may terminate this Lease at the e fhe initial term. In the event that such no ce of en notice at least end other, this Lease shall continue nth the intent to terminate two n t}g en bs e1lthetoe end of expiration of tI`ie initial term for -"M terms and Conditions in force y r Ply to the i terminated by the other another period of one year and so on fr om mmediately pri or to the to the expiration of the pa tY"giving the other two (2) months year to year, unless then current to written notice of the to month written notice prier to th ?m• Piovided, however, that is the L rminati°n prior Mdlord shall give one terms.and conditions of7ie.Lease*SPiration of any term h a , the Tenant will be considered ?xeby created of his intention to charge Arid the Tenant remains in the premises er the effective date set forth in the notice All terms and conditions in existence and conditions as inconsistent with or repealed by such notice, shall rem prior to such notice which remain in full force and effect. are not 3. ENDG LEASE E for any reason, before the Lease?Y Tenant may ends, onl y end this Lease at the end of any calendar month, Y by doing the following; (a) giving Landlord at least thin (b) payii-any money due to the i30} days written notice; late charges, darmges or an her charges up to the ending date including and Y other the law allows the Landlord to collect; (c) Paying to Landlord two (2) months rent as additional damages. If either the Landlord or the Ten party has broken the Lease ant fails or refuses to law. and the other d0 anything required b This could include endin Pte' may enforce by this Lease, then that and damages g the Lease, and/or ruin this Lease according to Pennsylvania Perform for losses 4. BREAKING THE LEASE. Tenant has broken the Lease if Tenant: (a) fails to pay rent when it is due; (b) fails to pay Landlord any other sum when it is due; (c) breaks any provision of this Lease, including the Rules and Regulations attached hereto; (d) moves itself or its possessions from the premises prior to paying Landlord any and all charges due to the end of the Lease; (e) fails to move itself and its possessions from the premises at the end of the Lease; (fl does any act which is not allowed under the terms of this Lease; and (g) does not do any act which is required under the terms of this Lease. 5. LANDLORD'S REMEDIES. If Tenant breaks the Lease, Landlord may, other remedies afforded by law: in addition to all (a) end this Lease. Landlord must give Tenant five (5) days written notice before starting any legal action to have Tenant evicted for breaking this Lease for any reason. Tenant understand that it is giving up its right to any fifteen IS ti ninety (90) day notices allowed under the Pennsylvania Land ord- it Tenrty ant laws. (b) demand immediate payment in full for all charges, including but not limited to: rent due, additional rental and charges reserved for the remainder of the unexpired Lease term, late fees, damages and filing fees; (c) have Tenant's property seized by the Courts and sold to pay any debts owed b Tenant to Landlord; Y (d) sue Tenant for additional damages, costs, expenses, and reasonable attorney's fees. 6. RE L/ 7) NT. Tenant agrees to?a to Landlord monthly rent of monthly rent in advance b the. 00) Dollars. Tenant agrees to pay the y 47 a f each month. If not paid by the fRW d y of each month Tenant agrees to pay to Landlord a late fee of $3.00 per day for administrati4,,cclsts, expenses and damages beginning the ay of each moUi huntil all c es are paid in M. Tenant understands that the monthl rent is due on or orethe receive a bill or invoice for monthly rent. each h 'viith. Tenant will not day of the month as well. Payment of the final monthly rental shall be due on the 7. SECURITY DEPOSIT. Tenant will pay to Landlord a security deposit equal to one month rent set forth in Paragraph -6 above. Landlord will hold the deposit as security for: (a) payment of rent; (b) payment of any other sum due from Tenant to Landlord; (c) charges for damages caused by Tenant, Tenant's family or Tenant's guests; (d) performance of this Lease. Tenant hi Cher understands that the Tenant may not apply this security deposit against rent or any other money due to the Landlord. Landlord will refund the security deposit to Tenant, less any sum due on Tenant's account, within thirty (30) days following the end of the Lease. Any refund will be made by check payable to all persons signing this Lease as Tenants. Tenant must supply to Landlord in writing a forwarding street address (no post office boxes) in order to receive any refund due Tenant. 8. POSSESSION. Tenant agrees that if Landlord cannot give Tenant immediate possession due to the fact that a previous tenant has not vacated the premises at the end of their lease or for any other reason beyond the control of the Landlord, the Tenant will not hold Landlord responsible for any damages. However, Landlord will not begin to charge monthly rent until such time as Landlord can give Tenant substantial possession. All other terms of this Lease will remain in full force and effect. 9. USE OF PROEPRTY. Tenant agrees to use the premises only as the principal residence of the Tenant and those others listed on Landlord's Rental Application. Tenant agrees not to do or permit any act or practice which: (a) injures the premises or anyone on the premises; (b) disturbs other residents or neighbors of the property; (c) adversely affects the insurance on the property; (d) is against the law. 10. CARE OF PROPERTY. Tenant will not misuse or mistreat any portion of Landlord's property, including appliances and common areas. Tenant further agrees to: (a) give notice to Landlord of any repairs; (b) pay for any repairs to Landlord's Property necessitated by any act or lack of care on the part of Tenant, Tenant's family or Tenant's guests; (c) leave the property, including appliances and floor coverings, clean when vacating the premises. When vacating the premises, all carpet and vinyl is to be cleaned by a professional commercial cleaner at Tenant's expense. Landlord will make any necessary repairs to the premises within a reasonable period of time after having received notice of the need for repair from Tenant. 11. DAMAGE BY FIRE. If the premises is damaged by fire or other mishap, the Landlord will repair it within a reasonable period of time. Tenant may continue to reside at the premises if the same is not rendered uninhabitable, and rental fees shall continue to apply. If the premises shall be determined to be uninhabitable, Tenant may move out and end the Lease. Tenant shall be responsible for immediate payment of any rent or other charges due to the date which the property is surrendered. 13• SURANCE. Landlord will be responsible to provide insurance on the premises against fire and other casualty, including liability coverage for injury or damage occurring within common areas Of the premises. Landlord is NOT responsible for loss or damage to property located in or on the premises. Tenant's Personal Tenant is advised to obtain Renter's Insurance for protectioopersonal belongings. its 13. UTIL S. Landlord and Tenant are responsible to pay for utilities as follows: Water Sewer Trash Electric Gas Fuel Oil Landlord: Tenant: _? Tenant is responsible for telephone and cable television services. Landlord is responsible for maintenance of all other systems belonging to Landlord provide heat, hot water, . Landlord is not responsible for failure to or other utilities or services if the failure is beyond the Landlord's control. Any repairs needed to maintain the utility systems owed by Landlord in working order shall be Performed in a reasonable period of time. 14. APPLIANCES. Landlord and Tenant will supply the appliances as follows: Landlord: Stove Refrigerator Dishwasher Washer Dryer Tenant: ?- ? -' -_ 15. ENTRY BY LANDLORD Landlord or anyone allowed by Landlord has the right to property at reasonable time for the purpose of. enter the (a) inspecting the property, (b) making repairs or alterations as needed; (c) enforcing this Lease; (d) showing the property to prospective purchasers or tenants. 16. ASSIGNMENT OR SUBLETTING. Tenant shall not assign or sublease the premises or part thereof without prior written consent of the Landlord. any 17- BAD CHECKS. Tenant will be charged a fee of $20.00 for each check returned to Landlord due to "INSUFFICIENT FUNDS" caused by closing of an account or any other technical de the check. In addition, Tenant will be responsible fo any and all char es th fect of r as a result of said bad check. g es Landlord may incur 18. RULES AND REGULATIONS. Tenant agrees that it, it's family and guests will obe Rules and Regulations attached hereto and made a part of this Lease. y the 19. NON-WAIVER OR REMEDIES. Tenant agrees that if Landlord accepts rent or anof charges after they are due, or if Landlord does not insist on strict enforcement of any her the Lease, this will not be considered a waiver of the right to insist on the strict performance te?s of term or condition of this Lease in the future. Landlord may selectively and inconsistent) for any reason, enforce or waive remedies available to Landlord without establishing future policy. any AND RF.rrrr . o Tenant, including family and guests, will not do conduct themselves in any way that interferes with the rights, comforts anything or make any noise or resident or neighbor. or comreniences of any other 2• No pets of any*' shat .be kept "?' tten permission. If any pet k y Ten?withotrto's , ''bout the Landlords' prior shall pay as additional rent the of $50.00 per ??n Permission, Tenant payment does not mean'` each or partial month This tWiLiord must allow 3• ??ONAT PFRS?NS In the event that Application shall five in the additional pmons not listed on Landlord's Rental month shall be paid by property, a fee of $50.00 per per, month, for each full or partial additional tenants. This Payment does not mean that Landlord feast allow 4. CO N C% Tenant shall keep dwelling in good and sanitary condition. LanLQ? ?en? 5s llno change or install additional locks without the wri Lease. per lock will be charged for any keys not returned at the end of of 6• TEl . Tenant not permitted to use any kerosene or space heaters ' C in the property 7. . to be stored on the D S T ES. Tenant shall not store o Property any toxic, hazardous or flammable substances. or permit 8. FEE PRO r'rrpN DEVirFo -------- ?„ Landlord on and Tenant devices in the property, will protpm ena1 and maurtam the fire prevention, Tenant will is responsible for verifying that all such not interfere with or disable any such replace batteries when needed and no ' equipment is operational at all times. is not functioning, needs ?d or has been tamper?d with. ly when such equi pment 20. LAWN MAINTENANCE AND SNOW REMOVAL. Landlord lawn maintained. Tenant shall be responsible to promptly clear the w? amend sidewalks from any snow, ice and debris as required by any law or ordinance now in effect or enacted during the term of this Lease. 21. SURRENDER OF PREMISES. Upon the expiration or termination of this Lease, Tenant shall be responsible to return the premises to Landlord in the same condition in which Tenant received it. Tenant shall be responsible to return the premises in broom-cleaned condition. Tenant shall be responsible for the removal of all personal belongings upon the expiration or termination of this Lease. If Tenant shall fail to remove its personal belongings, Landlord shall have Tenant's p belongings removed and charge the Tenant with any costs incurred. Tenant shall also be senal responsible to contract with and pay for the professional commercial cleaning of all cametinv qmi vinyl in the premises. Signed and agreed to thisQ!? day of bound hereby. Y 2008 , and intending to be legally Witness: i Printed Name': Tenant r Printed Narnie; L • S Tenants / Pann /h 1 EXHIBIT "B" RANDY & SHULL FLOOR COVERINGS !I Pk*GwRoo Ci PA I V*w% M T& 49 -., k, rirnus A 2% per nwnth *mme dor s Wm bo ?p afire N udo woke i s twpaid * Mdsjwr of dea of #m" **w t ohwp 82 n ? r3f ? ? QUAMM c?saa?n?. - ? ? Y,l A f 5? .: . ?. 4 1 G R' I'G,IN AL EXHIBIT °°C" George ¦ W. PYiraebing do Healing 336 hb lAta - WWpA MMj ?v*t!r Car#&*Arrr for4 Cvvjeradarrs ON To: Donald Diehl 4 E. High St., /Suite A Carlisle, PA 17013 / 1 I LY l WJV ?.1 Service Invoice #: 09004905 Da 2/17109 Cc Sen*e at: 13I Asidr*w Cwrt Please Ill Payment for 325Bblton Ave, Carl&&, PA 17013.3110 n m. 10 tans 2/17109 Ch6ucally_clean toilets. Toilets were extremely dirty. 2- Qts Sizzle Don, this place is really dirty. The apartment smells, so bad it is sickening. There must have been animals in there just left to do what they wanted. i $95AG Thank you for vou_r bus n? ? Terms Balance due 15 days; 1-5% /nao. Bala we Der. 342-ftW s9s.00 Lee Boldosser BID QUOTE March 1, 2009 Remove trash and clean stove at 131 Andrew Court 17015 ,Carlisle Pa 325.00 VERIFICATION in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. The foregoing Complaint is based upon information which has been gathered by my counsel ? na c C> ? J C-y C p -1 ` W ` Sheriffs Office of Cumberland County R Thomas Kline i.°a*w of Cuebye? Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy F= of T4E "RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/16/2009 02:55 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2009 at 1455 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Christopher T. Jonas by making known unto Christopher T. Jonas personally, at 121 W. Hunter Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/16/2009 02:55 PM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on March 16, 2009 at 1455 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Leann M. Jonas by making known unto Leann M. Jonas personally, at 121 W. Hunter Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $48.92 (PAID) March 17, 2009 SO ANSWERS, ?000%e?? .p R THOMAS KLINE, SHERIFF Deputy Sheriff Docket No. 2009-1588 Suzanne Diehl v Christopher T. Jonas 0 y co Zn Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) SUZANNE DIEHL and DONALD E. DIEHL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CHRISTOPHER T. JONAS and LEANN M. JONAS, Defendants Case No. 2009-1588 CIVIL TERM NOTICE TO PLEAD TO: Suzanne and Donald E. Diehl c/o Christopher Rice Martson Law Office Ten East High Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed ANSWER WITH NEW MATTER AND COUNTERCLAIM within twenty (20) days from service hereof or a judgment may be entered against you. submitted, S eri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) SUZANNE DIEHL and DONALD E. DIEHL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CHRISTOPHER T. JONAS and LEANN M. JONAS, Defendants Case No. 2009-1588 CIVIL TERM ANSWER WITH NEW MATTER AND NOW, comes Defendants Christopher T. Jonas and Leann M. Jonas, by and through their counsel, Sheri D. Coover, Esquire and files the following ANSWER WITH NEW MATTER in response to the Plaintiff's Complaint and in support thereof avers as follows: 1. -5. Admitted. 6. Admitted. On or around the end of January 2009, Defendant Christopher Jonas approached the Plaintiff Suzanne Diehl and advised her that he had been laid off from his work and he could not afford to pay the rent. He also told Suzanne that he was moving from the property because of the failure of the Plaintiffs to fix the problems that the Defendants had with the water that accumulated in the basement and the problem with electricity that the Defendants had complained of on numerous occasions. Suzanne Diehl begged Defendant Christopher Jonas not to move and that they could work out an alternate arrangement. Defendant Christopher Jonas told Suzanne that he did not want to be indebted to anyone and that he would have to move. On or around January 29, 2009, a Notice to Quit that directed the Defendants to leave the leased premises within five days. Within the five days, the Defendants moved from the property. 7. Admitted. However, upon information and belief, the Plaintiffs were able to mitigate their damages as the property was re-rented shortly after the Defendants vacated the property. 8. Denied. Defendants deny that they caused any damage to the property which required the carpet to be replaced or the necessity of trash removal. The only property, a dresser, a freezer and a Christmas tree, that the Defendants left there were damaged as a result of the accumulation of water in the basement of the property which the Plaintiffs refused to repair even after sufficient notice and opportunity to repair. 9. Admitted. Defendants have failed to pay the amount claimed by the Plaintiffs as they deny that they caused damages to the property for which they should be responsible. Additionally, the Defendants deny liability for the entire remaining portion of the lease as the Plaintiffs were able to re-rent the property and, thus, able to mitigate any damages to them as a result of the Defendants moving from the property prior to the expiration of the lease term. 10. Denied. Defendants deny that they are indebted to the Plaintiffs for any damages. WHEREFORE, Defendants request that this Court enter judgment in their favor and against all claims brought by the Plaintiffs in their entirety. NEW MATTER/COUNTERCLAIM 11. Defendants incorporate by reference all of the allegations of paragraphs 1 through 10 as though set forth in full. 12. Prior to moving into the property, Plaintiff Suzanne Diehl showed the property to the Defendants. At that time, Plaintiff Suzanne Diehl advised the Defendants that there were no water leaks on the property. 13. Every time that it rained, water accumulated in the basement of the property. 14. Approximately one week after the Defendants moved into the property, Defendant Christopher Jonas informed the Plaintiff Suzanne Diehl about the problem with the water accumulating in the basement. 15. When Defendant Christopher Jonas delivered his October 2008 rent payment that he was having problems with the electricity in the property as it would constantly flicker and numerous of the outlets in the property did not work. 16. Each time the Defendants mentioned a problem with the property, Plaintiffs asserted that they would fix the problems complained of by the Defendants, but the Plaintiffs never addressed or cured the electricity or leaking water problems. 17. Plaintiff Christopher Jonas offered to put sealer on the basement to prevent water from accumulating in the basement. 18. The Defendants informed the Plaintiffs on numerous occasions which caused damages to person property belonging to the Defendants including the following: a. A dresser that was purchased by Defendant Leeann Jonas which was valued at approximately $500.00; b. A standup freezer that was a gift to the Defendants which was valued at approximately $350.00; C. Defendant Christopher Jonas's collection of First Edition and First Release comic books that was valued at over $10,000; d. Defendant Christopher Jonas's One of One sports cards collection that was valued at over $10,000. 19. Upon information and belief, the Plaintiffs were able to mitigate their damages as they re-rented the property shortly after the Defendants vacated the premises. COUNT ONE- CONVERSION 20. Defendants incorporate paragraphs 1 through 19 as contained above in their entirety. 21. The Defendants relied upon the representations of the Plaintiff Suzanne Diehl that the property did not leak water when the Defendants decided to enter into the lease contract with the Plaintiffs. 22. The Plaintiffs were put on notice that the Defendants were having problems with the electricity and leaking water to the property. 23. Despite being put on notice, the Plaintiffs failed to make the proper repairs to the electricity and leaking water. 24. As a result of the failure of the Plaintiffs to repair the leaking water, although they were put on notice of such problems resulted in damages to personal property belonging to the Defendants as described above. 25. The damages to the property caused the above-mentioned items to be destroyed or become useless. WHEREFORE, Defendants pray this Honorable Court to enter judgment in their favor and against the Plaintiffs and award damages of $20,850.00 representing the total value of Defendant's items which were caused to be converted due to the actions or inactions of the Plaintiffs, together with interest and costs of suit and for such other relief as the Court may deem just and proper. submitted, Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) SUZANNE DIEHL and IN THE COURT OF COMMON PLEAS DONALD E. DIEHL, OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. CHRISTOPHER T. JONAS and Case No. 2009-1588 LEANN M. JONAS, CIVIL TERM Defendants VERIFICATION I, Christopher and LeeAnn Jonas verify that the information contained in the foregoing ANSWER WITH NEW MATTER AND COUNTERCLAIM are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. t) c? 3 - o-7 Date Christopher Jonas a/cam, ,L? Z Date LeAnn Jonah Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) SUZANNE DIEHL and DONALD E. DIEHL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vl. CHRISTOPHER T. JONAS and LEANN M. JONAS, Defendants Case No. 2009-1588 CIVIL TERM CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this day of April, 2009, I caused the foregoing ANSWER WITH NEW MATTER AND COUNTER-CLAIM to be served upon opposing counsel via United States First class mail addressed as follows: Christopher E. Rice, Esquire Martson Law Offices Ten East High Street Carlisle, PA 17013 Respectfully submitted, Ceri *DCoover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 OF THE 2009 APR - a Hl 10: 2 2 v?v:w ?u . i t FAFILES\C1ients\12827 Diehh12827,12.reWnse Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SUZANNE DIEHL and DONALD E. DIEHL, Plaintiffs V. CHRISTOPHER T. JONAS and LEANN M. JONAS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2009 - 1588 CIVIL TERM RESPONSE TO NEW MATTER AND COUNTERCLAIM 11. Plaintiffs' Complaint is incorporated herein by reference. 12. Admitted in part and denied in part. It is admitted that Plaintiff Suzanne Diehl showed the property to the Defendants. It is denied that she advised Defendants that there were no water leaks on the property. 13. Denied. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averment and therefore it is denied. Strict proof is demanded at trial. 14. Denied. Defendants never informed Plaintiff Suzanne Diehl that there was a problem with water accumulating in the basement. 15. Denied. Defendant Christopher Jonas did not state that there was a problem with the electricity in the property. 16. Denied. It is denied that Defendants mentioned there was a problem with the property that Plaintiffs did not address or fix. In fact, Defendants did not mention a problem with either the water or electricity on the property. 17. Denied. It is denied that Plaintiff Christopher Jonas offered to put sealer on the basement to prevent water from accumulating in the basement. 18(a-d) Denied. It is denied that Defendants ever informed Plaintiffs that there was damage to the property and all allegations set forth under this Paragraph are specifically denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments and therefore they are denied. Strict proof is demanded at trial. 19. Admitted. Plaintiffs were able to mitigate the damages by renting the property on April 1, 2009. By way of further response, it is believed and therefore averred that Defendants maintained at least one pet on the property which was specifically prohibited under the lease and Plaintiffs demand damages for the same. COUNT II - CONVERSION 20. Plaintiffs' Complaint is incorporated herein by reference. 21. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and therefore it is denied. Strict proof is demanded at trial. By way of further response, Plaintiff Suzanne Diehl never represented that the property did not leak water. 22. Denied. Plaintiffs were never put on notice that Defendants were having problems with electricity or leaking water to the property. 23. Denied. Plaintiffs were never on notice. 24. Denied. It is denied that Plaintiffs were ever on notice. By way of further response, any damages to the personal property of the Defendants is denied. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averment and therefore it is denied. Strict proof is demanded at trial. 25. Denied. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averment and therefore it is denied. Strict proof is demanded at trial. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in the amount of $12,352.61, plus costs of suit, interest, any additional damages discovered hereafter, and attorney fees in the amount of $1,000.00. MARTSON LAW OFFICES Christopher E. Rice, Esquire Attorney I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Date: -// -;[.% 0 ? This a debt collecting firm. Any information obtained will be used for that purpose. VERIFICATION The foregoing Response is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Response to New Matter and Counterclaim was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Sheri D. Coover, Esquire 44 South Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By: p VTT?enngh Street Carlisle, PA 17013 (717) 243-3341 Dated: 3/ d / In making this communication, we are advising you this firm is attempting to collect a debt for Suzanne Diehl. Any information gained from this communication will be used for that purpose FILE? i=ce OFT, HE- 2009 APR 23 Aft g: 40 y;,,,;y SUZANNE DIEHL and DONALD E. DIEHL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER T. JONAS and LEANN M. JONAS NO 1588 20A9 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Christopher E. Rice, Esquire counsel for the plaintiff( Nk in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is S 12,352.61 plus costs, interest, additional damage The counterclaim of the defendant in the action is $20,850.00 and attorney fees The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Sheri D. Coover, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MARTSO LAW OFFICES By: c ?4 s' Christopher E. Rice, Esquire ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. , 200___, in consideration of the foregoing Esq., and _ Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY ,r-" `rca?r ?f y OF THE . %- 2009 APR 29 Fi 4: 2: p- 1, ar, f ?V ?r r. h $x4.00 PA Arry c4r,1* 0-04'I8 pz*asy4a7 SUZANNE DIEHL and DONALD E. DIEHL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER T. JONAS and LEANN M, JONAS NO. 1588 20D9 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Christopher E. Rice, Esquire counsel for the plamtifK& in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is$ 12,352.61 plus costs, interest, additional damage The counterclaim of the defendant in the action is $20,850.00 and attorney fees The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Sheri D. Coover, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MARTSO LAW OFFICES Christopher E. Rice, Esquire ORDER OF COURT AND NOW, / , 200 Q , in consideration of the fore oing petition, Esq., and 61 Of Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed or. By the o , EDGAR B. BAYLEY .may; Pp A 'C'7 "l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUZANNE DIEHL and DONALD E. DIEHL, Plaintiffs, CIVIL DIVISION NO. 2009 - 1588 v. CHRISTOPHER T. JONAS and LEANN M. JONAS, Defendants. PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Counterclaim Defendants, Suzanne Diehl and Donald E. Diehl Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17314 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUZANNE DIEHL and CIVIL DIVISION DONALD E. DIEHL, Plaintiffs, NO. 2009 - 1588 v. CHRISTOPHER T. JONAS and LEANN M. JONAS, Defendants. (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Counterclaim Defendants, Suzanne Diehl and Donald E. Diehl, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE 8~ SKEEL, P.C. By: Ke in ~. Ral~ch, Esquire C nsel for Counterclaim Defendants, Suzanne Diehl and Donald E. Diehl CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 27T" day of August, 2009. Christopher E. Rice, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 (Attorney for Plaintiffs) Sheri D. Coover, Esquire 44 South Hanover Street Carlisle, PA 17013 (Attorney for Defendants) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C,~ gy. ~ ~ Uv ~i vin . R uch, Esquire Counsel for Counterclaim Defendants, Suzanne Diehl and Donald E. Diehl i 1G~ I septa F ~~ 2~,0~ ~ ns ~ ~~ . ~ CL~`.~~ .'.;.~.rY