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HomeMy WebLinkAbout09-2684COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS ?? J ICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT ? jvt/ ?Gs?.r COMMON PLEAS No. . G QC6 NOTICE OF APPEAL ` ll si?Gt? 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 mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. 4 f4*? I J /V jVLL 09- z OZ- ADDRESS OF APPELLANT CITY STATE ZIP CODE S• 1Y SST Pqg_ /?s•3cJ,C ?i? (o DATE OF JUDGMENT III THE CASE OFIPI-1,111 (DO-d-) .3 - - Al C ,lit ucc. ?r vs o se ? n Al CLAIM NO. SIGNATURE OF APPELLANT OR HIS ATTOR EY AGENT Cz, 000001o O 6;F? This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 1008B. If appellant was Claimant (see Pa. R.C.P.J.P. This Notice of Appeal, when received by the District Justice, will operate as No. 1001(6) in action before District Justice, he a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see Pa. R.C.P.J.P. 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 (Common Pleas No, Name of appellee(s) appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To appellee(s) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time',a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. t . (3) The date of service of this rule cif sent to was" y mail is the date of mailing. Date: , 19-. ^• Signature of Prothonotary or Deputy AOPC312-84 COURT FILE TO BE FILED WITH PROTHONOTARY + v ?^?y r ti ?1il PROOF OF SERyICE OF NOTIC' -Of APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST Bt FILED WITHIN FIVE (5) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby swear or affirm that I served ; SS ? a copy of the Notice of Appeal, Common Pleas No. , upon the-District Justice designated therein on (date of service) , 19 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ; on , 19 ? by personal service ? by (certified) (registered) mail, sender's receipt attached, hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME TH IS DAY OF , 19 Signature of official before whom affidavit was made Title of official My commission expires on 19 Signature of affiant w r o? i? ?J d tW C= T) .rr U0 y = r ' M ^ COMMONWEALTH OF PENNSYLVANIA 1-ni KITV nC• C MZRLAND Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA BRZWBAKZR Address: 18 N HANOVER ST STE 106 CARLISLE, PA Telephone: (717 ) 240-6564 17013 BENJAMIN C. MULL 224 S. 4TH STREET PHILIPSBURG, PA 16866 THIS IS TO NOTIFY YOU THAT: FOR DEFENDANT Judgment: /TRANSCRIPT VDGC J NOTICE OF S C I A E PLAINTIFF: NAME and ADDRESS filULL, BENJAKIN C 224 S. 4TH STREET PHILIPSBURG, PA 16866 L -? vs. DEFENDANT: NAME and ADDRESS 7 rAIISTIN, JEFFREY 716 N. HEST STREET CARLISLE, PA 17013 L -? Docket No.: CV-0000065-09 Date Filed: 2/13/09 Elam, _ (Date of Judgment) 3/31/09 ® t was entered for: d J (Name) AUSTIN, JEFFREY gmen u T Judgment was entered against: (Name) 1[DI.L, BEI!<JAILIN C in the amount of $ ' 0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time 1-1 This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ .00 Judgment Costs $_ .00 Interest on Judgment $ -03 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. - vY Date ; Magisterial District Judge I certify that this is a tru an c r ct copy of the record of the eedings contekining the judgment. • Date 'Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION - EQUITY BENJAMIN C. MULL Plaintiff VS. JEFFREY S. AUSTIN and MARY B. AUSTIN, his wife, Defendants * No. * * * TYPE OF CASE: Civil Action - Equity * * * * * * * TYPE OF PLEADING: * Complaint * * * * FILED ON BEHALF OF: * Plaintiff * * COUNSEL OF RECORD FOR THIS * PARTY: * David C. Mason, Esquire * Supreme Court I.D. No. 39180 * MASON LAW OFFICE * P.O. Box 28 * Philipsburg PA 16866 * (814) 342-2240 CAOFFICE\COURTWULL Benjamin\Complaint.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION - EQUITY BENJAMIN C. MULL * No. Plaintiff * vs. * * JEFFREY S. AUSTIN and MARY B. AUSTIN, his wife, * Defendants 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 against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the`.Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE AN LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17012-3387 (717) 240-6200 Mason, Esqui e Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION - LAW BENJAMIN C. MULL No. ©9. .&dv Ov?J -r4- Plaintiff vs. JEFFREY S. AUSTIN and MARY B. AUSTIN, Defendants COMPLAINT AND NOW, comes the Plaintiff, BENJAMIN C. MULL, by and through his attorney, DAVID C. MASON, ESQUIRE, and makes the following Complaint against the Defendants, and in support thereof avers as follows: 1. Plaintiff is BENJAMIN C. MULL, an individual, currently of 224 4th Street, Philipsburg, Centre County, Pennsylvania, 16866. 2. Defendants are JEFFERY S. AUSTIN and MARY B. AUSTIN, with an address of 716 N. West Street, Carlisle, Pennsylvania, 17013. 3. Defendants are the owners of premises known as 240 West North Street, Carlisle, Cumberland County, Pa, 17013. 4. Plaintiff was a lessee of a portion of these premises known as Apt. #2 from August 1, 2003. until December 1, 2008, pursuant to a written lease agreement entitled "Article of Agreement" dated May 5, 2003, a copy of which is attached hereto as Exhibit 1 „A„ 5. Plaintiff paid Defendants a security deposit of $395.00, and an oil security deposit of $150:00, for a total deposit of $545.00. 6. In December, 2008, Plaintiff notified the Plaintiffs that he would be terminating his residence at the aforesaid location and surrendering the leased premises. 7. Following the transfer of possession, Plaintiff received a notice from the Defendants that the security deposits would be retained by the landlord-Defendants as reimbursement for refilling the oil tank, and for cleaning certain aspects of the apartment. 8. Attached hereto as Exhibit "B" is a copy of the statement dated December 4, 2008 sent to Plaintiff be the Defendants detailing the application of the security deposits. 9. Defendants' list of charges include a $15.00 charge for toilet cleaning. Defendants are not entitled to the $15.00 toilet cleaning charge. Plaintiff was not responsible for the toilet stains, which were caused by the accumulation of mineral deposits in the bowl of the toilet and could not be removed even with strenuous effort when using generally available, consumer cleaning products. 10. Defendants' list of charges include a $45.00 charge for cleaning leaves from the window sills. Defendants are not entitled to the $45.00 window cleaning charge. Plaintiff was not responsible for cleaning the outside and storm windows, many of which were inaccessible to Plaintiff because of the second floor location of the apartment, and Plaintiff was not responsible for accumulated debris on the sills of windows he never opened or that had storm windows that did not seal out tree debris. 11. Defendants list of charges includes a $544.07 charge for 138.7 gallons of heating oil at a rate of $3.92 per gallon. Oil was available for delivery in Carlisle for $2.39 2 per gallon on the date Defendants paid $3.92 per gallon. 12. Defendants' list of charges indicates that Defendants are retaining Plaintiff's $395.00 damage deposit and the $35.34 of interest generated by this deposit and applying it to the $544.07 oil bill. Defendants are entitled only to the $150.00 oil deposit and the $13.42 of interest generated by that deposit. COUNTI VIOLATION OF LANDLORD AND TENANT ACT OF 1951 Title 68 P. S. §250.512 Paragraphs 1 through 12 hereof are incorporated herein by reference. 13. Landlord-Defendant violated the Landlord and Tenant Act of 1951, title 68 P. S. §250.510, et seq., by applying the Plaintiffs security deposit to the purchase of heating oil when the Plaintiff was not required to purchase heating oil upon his surrender of the leased premises - other than the heating oil deposit of $150.00. 14. Landlord-Defendant overcharged the Plaintiff for cleaning of the apartment in that Landlord-Defendant charged Plaintiff excessive amounts, and for items for which Plaintiff was not responsible or capable of cleaning. WHEREFORE, Plaintiff demands judgment in his favor and against Landlord- Defendant individually, severally, and jointly, in the amount of $413.76, plus interest and costs of suit. COUNT II VIOLATION OF PLAIN LANGUAGE CONSUMER CONTRACT ACT Title 73 P. S. §2201 et seq. Paragraphs 1 through 12 hereof are incorporated herein by reference. 15. The "Article of Agreement" attached hereto as Exhibit A fails to comply with the Plain Language ;Consumer Contract Act, Title 73 P.S. §2201, in that Exhibit "A" is not written, organized and designed to be easy to read and understand. 16. In particular, the Article of Agreement violates the guidelines of readability contained in the regulations promulgated by the Commonwealth of Pennsylvania, Office of the Attorney General, for consumer contracts. 17. The Plain Language Consumer Contract Act permits statutory damages of $100.00, court costs, and reasonable attorney's fees. 18. Plaintiff has had to hire counsel to represent him in this action, and under the statute is entitled to recover legal fees, and costs of suit for the violation of the Plain Language Consumer Contract Act. WHEREFORE, Plaintiff prays your Honorable Court for the entry of an Order declaring that Exhibit "A" attached to Plaintiffs' Complaint violates the Plain Language Consumer Contract Act, and award Plaintiff statutory damages of $100.00, actual attorney's fees and costs, and any other equitable or other relief which the Court deems just and proper. Respectfully submitted, MAS LAW OFFIC By avid . Mason, Attor y for Plaintiff 4 VERIFICATION I hereby verify that the statements set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATED: Z 2dv Benjamin C. Mull ARTICLE OF AGREEMENT THIS LEASE, made this wday of May 2003. BETWEEN. JEFFREY S. & MARY B. AUSTIN, the Landlord, AND BeaiauLm Mall (hereinafter where one or more, referred to as "Resident"), jointly and severally: WITNESSETH, the landlord, in consideration of the rents and covenants hereinafter mentioned, doth demise and lease unto the Resident to be used as -a-single student dwelling the premises situate 240 W North St Ant #k2 CARLISLE County of Cumberland and Commonwealth of Pennsylvania described as follows: 1 bedroom, l bath, living room eat in kitchen with stove refrigerator, dishwasher, side porch and attic for storage. TO HAVE AND TO HOLD unto the said Resident, subject to the conditions of this agreement for the term beginning on theI st day of Augo 2003 . and ending on the 31' day of ma,t 2? 004. I?q IN CONSIDERATION OF WHICH the Resident agrees to pay the Landlord for the use and occupancy of the said premises, the sum of $ 395.00 Dollars payable as follows: on or before the first day of each month AS A FURTHER CONSIDERATION for the use and occupancy of said premises the Resident hereby agrees to faithfully keep and be bound by the following covenants, conditions, and agreements: 1. Rental. Davments--Late and Bad Check Charges. Resident agrees to pay to Landlord the monthly rate set forth above on the first day of 'each month, in advance, at the Rental Office 716 N. West St. Carlisle. PA 17013 or such other place Landlord may from time to time designate by notice in writing. Resident further agrees to pay a late payment charge of five(5) percent per month of the anibunt of rent in default on the fifth (5) day of each month. If rental is mailed, the postmark date will determine the date of payment. If any check for rent is returned to Landlord for insufficient funds or other reason, late charges will continue until rent is actually paid by Resident and a charge of $25.00 will be added onto rent amount because of extra bookkeeping due to rearmed check. 2. Termination By Owner or Resident. It is mutually agreed that either Landlord or Resident may terminate this lease at the end of the above-described term by giving to the other party written notice thereof at least sixty ( 60_) days prior thereto, but in default of such notice, this lease shall continue upon the same terms and conditions in force immediately prior to expiration of the tern hereof as are contained for a further period of 30 days and so on from end of the tease unless or until terminated by either party hereto giving the other 30 days written notice of termination previous to expiration of the then current term. 4- EXHIBIT "A" If Resident shall give notice, as stipulated in this lease, of intention to. vacate the demised premises at the end of the present term, or any renewal or extension thereof and shall f UJ or refuse so to vacate the' same on the date designated by such notices then it is expressly agreed that Lw&ord shall have the. option either (a) to disregard the notice so given as having no effect, in which case all the terms and conditions of this lease shall continue thereafter with full force precisely as if such notice had not been given, or (b) or any renewal or extension thereof, as aforesaid, give the Resident ten (10) days written notice of its intentions to terminate the lease; whereupon Resident agrees to vacate said premises at the expiration of the said period of ten (10) days specified in said notice. All powers granted to Landlord by this lease may be exercised and all obligations imposed up-on_Resident .by-this -lease shall beperf byResideat-as-well during any extension of the original term of this lease as during the original term itself. 3. Rent I crease& Landlord may increase the monthly rent or change the monthly rent or change the terms of this lease on written notice to Resident given at least thirty (30) days in advance, but Landlord may not make an increase or change in the lease terms which will take in effect during the initial one-year term of the lease. 4. Use of Premises. Resident agrees to use the dwelling only as the personal residence of Resident 1 ) and their children (_O ), and not to assign, pledge this lease or sublet the demised premises, or any part thereof. No person or persons, firm, or corporation are permitted to occupy the demised premises, or any part thereof at any period of time without written consent from the Landlord. Resident agrees not to do or to permit any act of practice injurious to the building, which may be unreasonably disturbing to other residents, which may affect the insurance on the building, or which is contrary to any law. The determination of whether a particular activity or event constitutes a nuisance shall be in the absolute discretion of the landlord, his determination to be final and binding upon the Resident. No stand, booth or sign shall be placed or allowed upon any part of the demised premises without than prior written consent of the Landlord. Resident agrees not to make any alterations, improvements or additions to the demised premises without the prior written consent of the Landlord All alterations, improvements, additions or fixtures, whether installed before expiration or sooner determination of this lease becomes the property.: of the Landlord, unless Landlord shall have given written notice to the Resident to remove the same. 5. Utilities. Resident understands that the equipment for utilities to serve the premises is installed therein and Resident agrees that the cost of the utilities shall be paid as follows: Heating for premises Re i n Heating of water for premises Resident Electricity for premises Resident Sewer Charge Landlord Water Consumption Landlord Other: Trash Resident _2- Resident agrees that Owner shall have the right temporarily to stop the service of electricity, or water, in the event of accident affecting the same or to facilitate repairs or alterations made in the premises or elsewhere in Owner's property. Owner shall have no liability for failure to supply heat, air conditioning, hot water or other services or utilities when such failure shall be beyond Owner's control or to enable Owner to service or repair installations. 6. Care of Residence - Responsibility for Damage. Resident agrees to use due care in the use of the dwelling, the appliances therein, and all other parts of the Owner's property, to give notice to Owner of the need for repair thereof, and to pay for all repairs -to the dwelling its Conte and to all other pan, of Owner's property which are necessitated by any act or lack of care on the part of Resident, members of Resident's family, or his visitors. Owner will make necessary repairs to the dwelling and the appliances therein within a reasonable time after Resident notifies Owner of the need for repairs. Refer to Oeeupaoey Regulations # 11 7. Owner's Liability. Resident agrees that Owner shall not be liable for property damage or personal injury occurring in the dwelling or elsewhere on Owner's property unless the damage or injury results directly from Owner's negligence. 8. Delivery of Possession by Owner. If, due to circumstances beyond the Owner's control, the premises shall not be ready for occupancy at the beginning of the term, this lease shall nevertheless remain in effect and the rent shal l be abated proportionately until the premises are so ready, and Owner shall not be liable for delay; provided, that if the premises shall not be ready for occupancy sixty (60) days after said beginning, Resident shall have the right to cancel this lease by written notice delivered to Owner at any time after the expiration of said sixty (60) days, but not after the premises are ready for occupancy. Resident's remedy shall be limited to such right of cancellation, and upon such cancellation, neither party shall have any further right against the other, the Owner shall repay any deposits made by Resident. If Resident shall occupy the premises prior to the beginning of the term, such occupancy shall be subject #o the terms of this lease, and Resident shall pay prior to occupying the premises rent for the same period from the date of such occupancy to the beginning of said term. 9. Damage by Fire. If the dwelling is damaged by fire or other casualty, Owner shall repair it within a reasonable time and rent shall continue unless the casualty renders the dwelling untenantable, in which case this lease shall terminate and Resident, upon payment of all rent to the date the dwelling is surrendered, shall not be liable for any further rent. If only a portion of the dwelling is rendered untenantable, the Resident may, with mutual agreement of Owner, alternatively choose to continue in possession and shall thereupon be entitled to a pro rata reduction in the amount of rent, provided that election to proceed under this alternative shall not be a waiver of the Resident's right to terminate the lease if repairs are not made within a reasonable time. 10. Owner's Right of Entry. Owner, or any person authorized by him, with the prior specific consent of Resident, which consent shall not be unreasonably withheld, shall have the right to enter the residence at reasonable time to inspect, make repairs or alterations as needed, to enforce this lease, and after 'notice of termination is given, to show the residence to prospective residents; provided, however, that Resident's consent shall not be necessary in case of emergency. 11. Security Deposit. Resident agrees to pay a security deposit of $ 39100 Dior to occupancy of the dwelling. The security deposit shall be held by Owner as security for the payment of all rent and other amounts due from Resident to Owner, for the Resident's -3- performance of this lease, and against any damages caused to the dwelling or any other part of the Owner's property by Resident, his family and guests. Resident understands and agrees that the security deposit ma3, not be applied as rent or against any other amount due from Resident to Owner, and that the monthly rent will be paid each month, including the last month of the lease term. Within (30) days following termination _ of this lease, Owner shall return the security deposit providing all utilities are paid in full, less any deductions for cleaning or damages of the dwelling which will be discussed with Resident at final inspection of the dwelling. RESIDENT IS ADVISED TO BE AWARE OF HIS RIGHT'S UNDER "TEiE LANDLORD AND TENANT ACT OF 1951" ACT OF APRIL 6,1951, P.L. 69, AS AMENDED BY THE ACT OF DECEMBER 29,1912, P.L. -,-NO. 363. 12. Use of Exterior. This lease confers no rights on Resident to use for any purpose any of the property of Owner other than the interior of the residence hereby leased, except the walks and roadways giving access thereto and such other areas, if any, as Owner may from time to time designate for the use of residents. When the use by Resident of any other portion of Owner's property is permitted, it shall be subject to the rules and regulations established by Owner. 13. Owner's Remedies. If Resident shall fail to pay rent, or any other sum, to Owner when due, shall default in any other provisions of this lease, or shall remove or attempt to remove his possessions from; the premises before paying to Owner all rent due to the end of the lease term, Owner, in addition to! all other remedies provided by law, may: (a.) discontinue utility service provided by owner; (b.) terminate this lease; (c.) bring an action to recover possession of the premises; (d.) bring an action to recover the whole balance of the rent and other charges due hereinunder, of whatever kind and nature, together with any and all consequential damages caused by Resident's default, including attorney's fees of Three Hundred ($300.00) Dollars and court costs. 14. Regulations. RESIDENT AGREES THAT HE WILL COMPLY AND PROCURE COMPLIANCE OF MEMBERS OF HIS FAMILY, AND HIS GUESTS WITH THE OCCUPANCY REGULATIONS WHICH ARE PRINTED HEREON AND/OR WHICH ARE ATTACHED. 15. Subordination. This lease is subject and subordinate to the lien of all mortgages now or at anytime hereinafter placed upon any part of Owner's property which includes the dwelling, to extensions or renewals thereof, Resident agrees, upon request, to execute such further instruments evidencing, such subordination as Owner may request, and if Resident fails to do so, Owner is empowered to do so in the name of Resident. 16. Landlord's Liability =Electric & Plumbing, In the event of power or loss, low voltage or failure of any mechanical or appliances, which may result in the loss of food in storage or any other type of personal losses as a result of such failure. Owner. shall be held harmless, legally or otherwise for such occurrences, during the entire term of this lease and its renewal periods, if any. -4- i IT Forbearance - Late Payments. Acceptance by the Owner of any of the said rent at anytime after the same shall become due, after default has been made in the payment thereof, or any failure to enforce any of the rights herein reserved to the Owner, of any of the penalties, forfeitures, or conditions herein contained, shall not in any wise be considered a waiver of the right to enforce the same at anytime without any notice whatsoever, and any attempt to collect the rent by one proceeding shall not be considered as a waiver of the right to collect the same by any other proceeding, but all of the rights of the Owner, and all forfeitures, penalties and conditions may be enforced together or successively at the option of the Owner. 18. Confession of Judgment. Upon the_breach:of any of-the. covenants or4gfeements-o this-lease or its termination by forfeiture, default or expiration, the Prothonotary or any attorney as aforesaid is her+ by authorized to appear for and to confess judgment in an amicable action of ejectment against the said 1 Resident and in favor of the Owner for the premises herein described and to direct the immediate issuing of a writ of haver facias possessionem with clause of fierifacias for costs, waiving all irregularities, without er. leave of court. notice 19. No and Notice of without Quit: Wai asking Resident hereby waives the Notice to 't requirements of the Pennsylv Quit aria Landlord and. Tenant Act of 1951 as amended 68 P.S. 250.101 at seq. which provides for fifteen (15), t Wrty (30), or ninety (90) day notice to quit in certain circumstances. In lieu thereof, in the event Resident is to pay the rent when due, or breaches any other terms or conditions of this lease, Owner shall be required to give Resident only five (5) days written notice prior to commencing legal action against Resident. The' notice shall be served by any of the following means: by delivering a copy of the notice by first class nail, by notifying the Resident in person, by delivering a copy of the notice by certified or registered mail, or by posting said notice to the property. 20. Utility Services: (connection/disconnection). If Resident fails to put the utility services into their name at the beginning of the Lease, or if Resident ends the utility services before the end of the Lease, 4he Resident will be charged a $25.00 service fee, plus utility fees. 21. The Term "Resident". The term "Resident" used herein shall refer collectively to all persons nameed above, and signing this lease as Resident, and the liability of each such person shall be joint and several. Notice given by Owner to any person named as Resident, or by any such person to Owner, shall bind all persons sigming this lease as Resident. I! u WI SS AGENT FOR JEFFREY & MARY AUSTIN i c \ G t? ti. ?r U' l ul WFESIDENT i RESIDENT -5- OCCUPANCY REGULATIONS KANGAROO KOURT 1. The said premises are to be kept and maintained in as good repair and condition as at present l and at the expiration of this lease. They are to be surrendered in like repair and condition. Natural wear only expected. 2. Neither resident nor guests shall do any acts which shall disturb the peaceful use and enjoyment of the premises by other tenants. _ 3. Motorcycles may not be parked in residence and may not be parked or ridden on grass. 4. No storing of boats, or any type of trailer on the premises including the parking areas. No parking of vehicles on grass. If there is damage to grass there will be a restoration fee. 5. A $15.00 fee will be charged should the resident require assistance in gaining entry to the premises. 6. NO KEROSENE HEATERS PERMITTED. 7. NO PETS ALLOWED!! There will be a $500.00 fee charged to resident if a pet, or evidence of a pet is seen inside or around the premises of the apartment. Resident isn't allowed to keep a pet for a short or extended period of time for a friend or a relative. 8. At no time during the term of this lease or any subsequent renewal thereof, shall the resident be permitted to accumulate on the premises, more than three (3) 30 gallon trash bags (or the equivalent thereof) at any one time. The recycling container should be kept INSIDE the apartments until the trash pickup day. If container is missing when resident moves out resident is charged for replacement. Resident is responsible to bring the recycling container into the apartments ON the trash pickup day. 9. No unlicensed, non-inspected or non-registered vehicles are permitted on the premises. Vehicle in violation will be towed and stored at Owner's expense. Only two (2) LEGAL vehicles are permitted per apartment. 10. WATER BEDS are not allowed without special permission from landlordlowner. If any damages occur due to water bed being on premises, it will be the responsibility of the resident to pay costs of repairs, including materials, labor and travel time. 11. RESIDENT WILL BE RESPONSIBLE FOR PAYMENT OF MAINTENANCE SERVICE CALL AND MATERIAL COSTS FOR THE FOLLOWING DUE TO NEGLIGENCE OF 1 RESIDENT: BATHTUB -toys, coins or any abnormal item found that clogged the drain. TOILET - sanitary napkins, tampons, paper towels, toys or any abnormal items. ALL SINKS - toys, coins, plastic items or abnormal items. GARBAGE DISPOSAL - glass, metal, leather, cloth, rubber, string, feathers, plastic or paper towels, toys, coins or abnormal items. No extremely fibrous waste such as cornhusks, lima bean pods, artichoke leaves or any large rinds of fruit that weren't cut up into smaller pieces. DISHWASHER - any plastic items or broken glass or any abnormal items. REFRIGERATOR - any sharp or pointed instrument used that damaged the refrigerating system, or any abnormal abuse to the refrigerator.. 12. MOVE OUT INSPECTIONS will take place on a weekday, Monday through Friday, between the hour's of 9:00 AM and 5:00 PM, during office hours, excluding Holidays. Any check out j appointment that is requested for Saturday, Sunday or after regular hours, the Tenant will be charged a fee of $75.00, with no._exceptions. Your lease has bm initially set.uplo accommodate a non-weekend or Holiday move out. Apartment must be empty of all Tenants j belongings (furniture, trash, etc.). 13. Al I Keys that were issued MUST be returned at move out inspection. If all keys are not returned, you will be charged for replacement of lock and/or keys. OCCUPANCY REGULATIONS - KANGAROO KOURT -continued 14. Procedures for thawing ice on walks, steps, etc.; DON'T use any product that contains Rock Salt The only products you are allowed to use are Zero Ice or Calcium. If there is evidence of Rock Salt being used, you could be cha xi for n?pairc A.+ai?r restoration-fee.- fee S. A 525.00 will be charged for any change in occupants, except for death. Also, the procedure is for resident to call the office and schedule a walk through inspection for any damages before. the vacating tenants leaves. 16. No trash or furniture is to be left in the residence or surrounding areas at the time of move out. 17. Bathtub mats are not to be left in the tubs after bathing or showering. If damage has occurred from leaving mats in the tub, you will be charged for any repairs or damage. 18. Resident is not allowed to conduct any business on the premises for which payment is received, such as babysitting, etc. OF THE: 'Pi-i- .7, PRY LUL tJ?py. - ? 4Y? T PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN FIVE (5) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ?/,V l /X/ ; Ss AFFIDAVIT: I hereby swear or affirm that I served of the Notice of Appeal, Common Pleas N ? Z68 upon the District Justice designated therein on LPf a copy (date of service) MAY ?ae ? by personal service ?by (certified) (registered) mail, sender's SEFFAEY S. AVS?a,%, + MARY 6. AVSTZA/ on receipt attached hereto, and upon the appellee, (name) !1 5 )Q oo ? by personal service ?by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the (registered) whom the Rule was addressed on 19 • E] by personal service [] (certified) ( mail, sender's receipt attached hereto. ,y Signature of affiant Signature of official before whom affidavit was made NOTARY PUAL z-C - Title of official My commission expires on , 19- NOTARIAL SEA! BARBARA L. BINNEY NOW FM MIIUPSM BORO. CENTRE COUNly MY MI=ON APRIL 2019 SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ?''? DAY OF-?- • ??'°_9 ' Post al IPT CE RTIF IED MAIL R ECE D. 11 M Q' c. i q-,I' to Postage $ c i F , b r-1 CO 1 Certified Fee ' y 7 8 _ ,. vn ' Q ' P Return Receipt Fee a 0 ark a G (Endorsement Required) t ?.. C3 Restricted Delivery Fee Y p (Endorsement Required) 0 Total Postage & Fees 3 t S 0" entTo r9 District &sterial M Judae _______________•---- _ _____ _ Street, Apt. No.; _ _ Jessica Brewbaker O or PO Box No. ------------ O City, State, Z1P+ 4 N -V ? AL PS Form :11 January 2001 S,, , Instr.clon 1 N ,. n o ea t Postage $ A Certified Fee P Q f eturn Receipt Fee (Endofsement Required) O Restricted Delivery Fee C3 (Endorsement Required) u 0 Total Postage & Fees .$ S- 6b { C3 cr gent To ra Mary B. Austin r9 ----------------------------- Street, Apt No.; ----- ------------------- ------------------ -----------------------•- 0 or PO Box No. 7 16 N . W est Street p Clt ------- y, State, Z1 P+ 4 ----- _ _ _ -- --------- ------------------ ------------------- M1 :00 I.S. Postal Service: T RTIFIED MAIL RECEIF nasrir Moil A-, /... ,,. 0 r9 Er Ir cc Postage $ 70 ?'t. 1 Co ` Certified Fee , 70 ' e m0 Retum Receipt Fee (EndorsementRequired) Post Here O C3 Restricted Delivery Fee (Endorsement Required ) 0 Total Postage & Fees S? L + S it Sent To r-9 Jeffre S Austin s Street, Apt. No.; - ----------------- -------- t3 or PO Box No. 716 N. West Street _____ _ Clty State Z1P 4 _ ? , , + Car lisle, PA 17013 ALED- Of-`i--IC1. OF THE PP0l~!P-Nv3TARY 2009 MAY -7 PH 3: 06 VtJ7V1 ? r','I 1.? 1Ul? PSv i# !? I ISYL rAMA i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION - EQUITY BENJAMIN C. MULL Plaintiff vs. JEFFREY S. AUSTIN and MARY B. AUSTIN, Defendants No. 09-2684- Civil Term * Type of Pleading: Certificate of Service Filed on Behalf of: Plaintiff * ATTORNEY FOR PLAINTIFF: David C. Mason, Esquire Supreme Court ID #39180 MASON LAW OFFICE P.O. Box 28 Philipsburg, PA 16866 (814) 342-2240 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION - EQUITY BENJAMIN C. MULL Plaintiff vs. JEFFREY S. AUSTIN and MARY B. AUSTIN, Defendants No. 09-2684- Civil Term CERTIFICATE OF SERVICE I, DAVID C. MASON, Esquire, do hereby certify that I served a true, certified copy of a COMPLAINT filed to the above captioned action, by certified mail, return receipt requested and placing the same in the United States mail, postage prepaid and addressed as follows: Jeffrey S. Austin 716 N. West Street Carlisle, PA 17013 Mary B. Austin 716 N. West Street Carlisle, PA 17013 as well as a Notice of Appeal from District Justice Judgment was served on the above two individuals and also upon: Magisterial District Judge Jessica Brewbaker 18 N. Hanover St., Suite 106 Carlisle, RA 17013 The said Return Receipts are attached hereto. DATED: - ( ( - 9 MASON LA By: David C OFFICE u-- , Esquire a` ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ? Agent ? Addre B. ved y (Prin ) C. Dat of Delivery S D. Is del' address different from item 1? ? Yes If YES, enter delivery address below: ? No JEFFREY S. AUSTIN 716 N. WEST STREET CARLISLE, PA 17013 3. Servi Type Mortified mail ? Express mail ? Registered M-Ketum Receipt fer Metefiw 9M ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes • - 2. Aticle Number 7001 1940 0003 1818 9 910 (transfer from service labeq , PS Form 3811, February 2004 Domestic Return Receipt 10258,-02-M-1540 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. eft Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Si , X ? Agent ?L J'?'j ? Addressee B. v (Pnh N/aame)}? C. Date of Del' ery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No MARY B. AUSTIN 716 N. WEST STREET CARLISLE, PA 17013 3. ype =ad Mail 1Mail ? Registered ®'R m Receipt far#AsrehwaNse- ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? yes 2. ;Article Number 7001 1940 0003 1818 9927 (Transfer from service law ? PS Form 3811, February 2004 Domestic Return Receipt 102595.924+1640 ¦ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Magist District Judge Jessic' roVer wbaker 18 N. rSt., Suite 106 Carlisle, PA 17013 ? Agent' ? Addres Received by (Md" t of Deli% Is delivery ad ? ? Yes If YES, enter delivery address below: ? No 3. Servi Type CTCeNfied mail ? Express mail ? Registered Ci?etum Receipt €aLM99 411se- ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. 1, Number 7001 1940 0003 1818 9934 (Transfer from service Iabao nn r__- 004 -4 - ----- - ....... - - - T r Y U?? ?lPt 1/ 1 3 i' I^: ti t Pin' 7 T A Count II Answers to paragraphs 1 to 14 are incorporated herein by reference. 15. Denied. Paragraph 15 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded a trial. Denied also as the Article of Agreement is easy to read and be understood {see 73 P.S. Section 2205 (a)), especially by Plaintiff who was a law student. Denied also as the Defendant made a good faith and reasonable effort {see73 P.S. Section 2208 (a) (3)1 to comply with the Plain Language Consumer Protection Act {see 73 P.S. Section 2201 et. seq. } and Count II of the Plaintiff's Complaint was filed beyond the 4 year time limit {see 73 P.S. Section 2208 (b)} established by the Plain Language Consumer Protection Act. 16. Paragraph 16 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. Denied also as set forth in Defendant's Answer to paragraph 15. 17. Paragraph 17 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. Denied also as set forth in Defendant's Answer to paragraph 15. 18. Paragraph 18 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded a trial. Denied also set forth in Defendant's Answer to paragraph 15. WHEREFORE, Defendant requests that the Court deny Plaintiffs demand and that it grant Defendant such other relief as it deems appropriate. COUNTERCLAIM 19. Defendant's Answers to paragraphs 1-18 of the Complaint are incorporated herein by reference. 20. Pursuant to paragraph 13 of the Article of Agreement (Exhibit A to Complaint), Defendant is entitled to $40.31 (see Exhibit 3) and an attorney fee of $300.00 and court costs. WHEREFORE, Defendant requests that the Court award him $340.31 plus court costs and such other relief as it deems appropriate. Respectfully submitted ?IC"GHT &gSOCgTl S, P.C. 41 Wr Gregory' H. Knight Attorney No. 30622 11 Roadway Drive, Ste. B Carlisle, PA 17015 (717) 249-5373 Attorney for Defendant 100 Q.ecuPaxcY RE t?TA 24 rB..: =:FFLQOR 1. The said premises are to be-ke .a?43na ned.in as gad reparsr-and eondiuon as at . Present .and at the expiratiott?.o d&ie9e,.:t?}iey are to be s?rttrendetbd is like r?epa3r: and cotuiition.; Natural wear only expected 2. Neither resident nor guests shalktio any =a :Vhich sMl disturb the-pareefW- use and enjoyment of the premises by other tenants. 3. Motorcycles may not be parked in tesid?e-and, 1'aTOT be lri+ddeh on the Motorcycle should be parked in y l;?- parking area .provided. 4• No staring of .boats; or any type of ttmlat*=on Premises; .itjteladts No.unliae or non-ins 8`p '1ti31g areas. violation. ofri pection;and/%oor unto gistratiion w ll be towed & sue. V h les in expense. toned @ owners 5. A $15.00 fee wiltbe.charged should-the resident require assis to the premises. tance in gaining entry 6• NO PE'T'S ALLOWED!! There *i11? ? 60.00fine Charged to'resident if a per is seenInside.or around.alie'premises; Rftident isn't allowed to keep a pet for a short period of time for a friend or relative: 7. NO KEROSENE HEATERS PERMI'Y'T1rD. 8. Mowing of grass and removal of snow wil['be -taken cafe ©f * the laid. 9. All trash should be disposed of in plastic borough bags & placed 0 . the curb on the designated pick-up day. Trash does 1- -belong.bn.dw porch.. All. re:--CY* Ne*shduld be Put in re -cycling:;bin:If:iandlord.hdstofiad4iash lpremises rmidetrt'-will'be. charged, a: fee. 10. Tire side porch should. be: e t cleat: ,? NOTHING ELSE CAN-BE-STORED 1M NO 1TRASH ANY • N?ycD?!11.'BUT ?'.?lIh1I3.. 11. Parking lot - any vehicles that are parked onthe.gtass area will be charged a restoration fee for damage to grass. 12. Resident will be responsible for payment of maintenance service call & material costs for the following due to negligence of resident; BATHTUB - toys, coins or any abnormal item found that clogged the. drain TOILET -sanitary napkins,. tampons, paper, towels, toys or any abnormal items ALL SINKS - toys, coins, plastic items or any abnormal items DISHWASHER - any plastic .items or broken glass or any abnormal items REFRIGERATOR - any sharp: or pointed instrument used that damaged the refrigeratin system, or any abnormal abuse to the refrigerator. g 13. Water beds are not allowed without special permission fist the landlord/ owner. If any damages occur due to water bed being on. premises, it.will be the ility of the resident to pay cost of repairs, including materials, labor, and travel responsibility ~ ~ • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BENJAMIN C. MULL * Plaintiff * vs. * * JEFFREY S. AUSTIN and MARY B. AUSTIN, (His Wife) * C7 n~ c.. No. 2009-2684 ~ :-.{ - ~ - Civil Term - ~ -~ _ ~ ,W .~ ~, ~ . NOTICE You have been sued in Court. If you wish to defend against the Counter Claim set forth in the following pages, you must take action, within twenty (20) days after this Answer with Counter Claim and Notice are served, by filing in writing with the Court your defenses or objections to the counter claim set forth against you. You are warned that if you fail to do so the case may proceed against you by the Court without further notice for any money claimed in the Answer with Counterclaim or for any other claim or relief requested by the Defendant. 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. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17012-3387 y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. BENJAMIN C. MULL * Plaintiff * No. 2009-2684 * vs. * Civil Term * * JEFFREY S. AUSTIN and MARY B. AUSTIN, (His Wife) * * ANSWER WITH COUNTER CLAIM TO AMENDED COMPLAINT AND NOW, comes the Defendant, Jeffrey S. Austin, by his attorney Gregory H. Knight, Esquire, and Knight & Associates, P.C., to file an Answer with Counter Claim as his response to the Amended Complaint filed by the Plaintiff in support of which Answer with Counter Claim the following statements are made: 1. Denied. Defendant is without sufficient information to answer the allegations in Paragraph 1 and strict proof is thereby demanded at trial. 2. Admitted and Denied. Admitted that Defendant has a business address of 716 N. West St., Carlisle, Pennsylvania 17013. Denied, also as set forth in Defendant's Paragraph 3. 3. Denied. The owner of the premises at 240 W. North St., Carlisle, Cumberland County, Pennsylvania 17013 is Jeffrey S. Austin. 4. Admitted and Denied. Admitted that Plaintiff was a lessee of Apartment 2 at 240 West North Street from August 1, 2003 until December 1, 2008. Denied as the document attached as Exhibit A to the Amended Complaint (lease or lease agreement) does not include the correct Occupancy Regulations. A copy of the correct occupancy regulations is attached hereto as Exhibit 1. ~ 4 5. Admitted. 6. Denied as stated. Paragraph 6 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. Denied also as the terms for which a security deposit was made are set forth in Exhibit A, which speaks for itself and which include applications of the security deposit to situations other than those stated in Paragraph 6 of Plaintiff's Amended Complaint. 7. Admitted and Denied as stated. Admitted that $150 was to be returned only if the heating oil tank was full at the expiration of the lease. The remaining allegations in Paragraph 7 are conclusions of law to which no answer could be filed and strict proof thereof is demanded at trial 8. Admitted. 9. Denied. Paragraph 9 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. Denied also as the $150 payment was only a deposit, not a purchase of the oil in the tank. 10. Admitted. By way of further answer, upon receipt of Plaintiff's notice of termination and before transfer of possession of the premises to the Defendant, Defendant's representative, as authorized by Paragraph 14 of the Occupancy Regulations, sent Plaintiff a letter that included Austin's clean up list. See Exhibit 2. 11. Admitted and Denied. Admitted that an agent of Defendant met with the Plaintiff at Apartment #2, 240 W. North Street. Denied as to the remaining allegations in Paragraph 11 as Defendant's agent discussed all deficiencies and told Plantiff that he would receive an inspection report which was later sent to Plaintiff. See paragraph 12. 12. Admitted. 2 1 '- ~ 13. Denied as stated. Plaintiff breached the terms of his lease and, according to the explicit terms of that lease, Defendant applied payments made by the Plaintiff when he signed the lease to those breaches. 14. Denied. Paragraph 14 is a conclusion of law to which no answer could be filed and strict proof therof is demanded at trial. Denied also as the stains were removed by Defendant's staff who used common household materials. I5. Denied. Paragraph 15 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. Denied also as Defendant's staff cleaned the toilet at the premises with generally available consumer cleaning products. 16. Denied. Paragraph 16 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. Denied also as the remaining allegations in Paragraph 16 were on the clean up list which details the responsibility of the Plaintiff to clean window sills and storm windows. 17. Admitted. 18. Admitted. 19. Denied. Defendant's agent discussed with Plaintiff all items listed in Paragraph l 9 during the inspection prior to Plaintiff s surrender of the premises and those items are listed on the inspection report sent to Plaintiff. 20. Denied. Paragraph 20 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. Denied also as Defendant's agent discussed the items in Paragraph 20 of Plaintiff s Amended Complaint with Plaintiff during the final inspection. 2l. Admitted. 3 ~- 22. Denied. Paragraph 22 is a conclusion of law to which no answer need be filed and strict. proof thereof is demanded at trial. Count I Unconscionability of Lease Provision The Answers to Paragraph 1 through 22 above are incorporated herein by reference. 23. Denied as stated. The lease signed by the Plaintiff includes authorization of recovery for attorney's fees by owner/landlord in a successful action by landlord to prove that Plaintiff breached or defaulted on any term of the lease agreement. 24. Admitted and Denied. Admitted that the lease agreement was drafted by the Defendant. Denied as stated as the remaining allegations of Paragraph 24 are conclusions of law to which no answer need be filed and strict proof thereof is demanded at trial. Denied also as the Plaintiff never requested any changes in the terms of the lease he signed. 25. Admitted. Admitted that Defendant never spoke with Plaintiff about the legal fees provision while he was a tenant during which time he was a student at the Dickinson School of Law. Admitted that Plaintiff never requested any explanation of any term of the lease he signed. 26. Denied. Paragraph 26 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. By way of further answer, Paragraph 26 incorrectly defines the legal fee provision of the lease he signed with the Defendant as not requiring that Defendant/Owner prove a default or breach of the lease agreement. 27. Denied. Paragraph 27 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. WHEREFORE, Defendant requests that the Court deny Plaintiff's requested relief and that it grant Defendant such other relief as it deems appropriate. Count II Violation of the Landlord/Tenant Act of 1951 The Answers to Paragraphs 1 through 27 above are incorporated herein by reference. 28. Denied. Paragraph 28 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. By way of further answer, Paragraph 28 is denied as Plaintiff's lease required that he fill the heating oil tank upon his surrender of the premises. See Paragraph 7 of Plaintiff s Amended Complaint and Occupancy Regulations (Exhibit 1). 29. Denied. Paragraph 29 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. WHEREFORE, Defendant requests that the Court deny Plaintiffs requested relief and that it grant Defendant such other relief as it deems appropriate. Count III Breach of Contract The Answers to Paragraphs 1 through 29 above are incorporated herein by reference. 30. Denied. Paragraph 30 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. 31. Denied. The Defendant is without sufficient information to answer the allegations in Paragraph 31 and strict proof is thereof demanded at trial. 32. Denied. Paragraph 32 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. WHEREFORE, Defendant requests that the Court deny Plaintiffs requested relief and that it grant Defendant such other relief as it deems appropriate. 5 Count IV Violation of Plain Language Consumer Protection Act The Answers to Paragraphs 1 through 32 above are incorporated herein by reference. 33. Denied. Paragraph 33 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. Denied also as the lease was properly drafted to be read and understood [See 73 P.S. Section 2205 (a)] by all tenants, including the Plaintiff who was a law student. Denied also as the Defendant made a fair and reasonable effort to comply with the Plain Language Consumer Protection Act [See 73 P.S. Section 2208 (a).(3)] and Count IV of Plaintiffs Amended Complaint was filed beyond the four year time limit set forth in the Consumer Plain Language Protection Act [See 73 P.S. Section 2208 (b)]. 34. Denied. Paragraph 34 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. Denied also as set forth in Defendant's Answer to Paragraph 33 above. 35. Denied. Paragraph 35 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. Denied also as set forth in Defendant's Answer to Paragraph 33 above. 36. Denied. Paragraph 36 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. Denied also as Plaintiff is representing himself. WHEREFORE, Defendant requests that the Court deny Plaintiff's requested relief and that it grant Defendant such other relief as it deems appropriate. 6 Count V Violation of the Landlord/Tenant Act of 1951. The Answers to Paragraphs 1 through 36 above incorporated herein by reference. 37. Admitted and Denied. Admitted that Defendant has not returned the security deposit. Denied as the basis to do so is specifically granted to the Defendant by the Landlord Tenant Act of 1951 because Plaintiff breached the terms of his lease with the Defendant. 38. Denied. Paragraph 38 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. WHEREFORE, Defendant requests that the Court deny Plaintiff's requested relief and that it grant Defendant such other relief as it deems appropriate. Count VI Violation of the Unfair Trade Practices and Consumer Protection Act. The Answers to Paragraphs 1 through 38 above are incorporated herein by reference. 39. Admitted and Denied. Admitted that Plaintiff leased property owned by the Defendant. Denied as the remaining allegations in Paragraph 39 are conclusions of law to which no answer need be filed and strict proof is demanded at trial. 40. Denied. Paragraph 40 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. Denied also as to Plaintiff's assertion of a contemporaneous verbal agreement. 41. Denied. Paragraph 41 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. 42. Denied. Paragraph 42 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. 7 43. Denied. Paragraph 43 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. 44. Denied. Paragraph 44 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. 45 Denied. Paragraph 45 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. 46. Denied. Paragraph 46 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. WHEREFORE, Defendant requests that the Court deny Plaintiffs requested relief and that it grant Defendant such other relief as it deems appropriate. Counter Claim Defendant's Answers to Paragraphs 1 through 46 are are incorporated herein by reference. 47. Pursuant to Paragraph 13 of the lease agreement (Exhibit A to Amended Complaint) Defendant is entitled to $40.31 (See Exhibit 3 attached hereto) and an attorney fee of $300 and court costs. Wherefore Defendant requests that the court award him $340.31 plus court costs and such other relief as it deems appropriate. Date: Z 1~ Zd ~ ~ Respectfully submitted GHT & ASSOCIATES, P.C. Gregory .Knight Attorney No. 30622 11 Roadway Drive, Ste. B Carlisle, PA 17015 (717) 249-5373 Attorney for Defendant 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN C. MULL * Plaintiff * vs. * * * JEFFREY S. AUSTIN and MARY B. AUSTIN, (His Wife) * * No. 2009-2684 Civil Term VERIFICATION I VERIFY that the statements set forth in the attached Answer With Counter Claim are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (Unsworn Falsification to Authorities). Date: S ~ ~ o Jeffrey . A in IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN C. MULL Plaintiff vs. JEFFREY S. AUSTIN and MARY B. AUSTIN, (His Wife) No. 2009-2684 Civil Term CERTIFICATE OF SERVICE AND NOW, this 2~ day of ~a ~~ , 2010, I, Gregory H. Knight, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Answer with Counterclaim, by first class, United States Mail, postage pre-paid, and addressed as follows: Benjamin C. Mull, Esquire 224 South 4th Street Philipsburg, Pennsylvania 16866 KNIGHT & ASSOCIATES, P.C. Gregor H.I~night Attorney No. 30622 I 1 Roadway Drive, Ste. B Carlisle, PA 17015 (717) 249-5373 Attorney for Defendant \\Carlisle\E\klaw\firm dots\dien[s filesWctive\austinj effre4340\mull v aus[in-2340-003\pleadingsWnswer to Amended ComplainLDoc EXHIBIT 1 - ~°-~'~ T occur? ANDY RED-~;r~ ~ Y~~ts - ~~ ~1~~~~a~ s~- = Zloln, ~OOx _ .. 1. The said premises are to be kept and:maintained in as good repair anci condition as at present .and. at the expiration of this lease,. hey are to be surrendered in like repair and condition: Natural wear only expected. 2. Neither resident nor guests shall;do any acts-which shall disturb"the peaceful-use and enjoyment of the premises by other tenants. 3. Motorcycles may not be parked in residence and nay -NOT be ridden on the grass. Motorcycle should be parked in parking area pro~9ded. 4. No storing of boats, or any type of trailer on premises; including parking areas. No unlicensed or non-inspected vehicles are permitted°on the premises. Vehicles in violation of inspection and/or current registration will be towed & stored Q owners expense. S. A $15.00 fee will be charged should [he resident require assistance in gaining entry to the premises. 6. NO PETS ALLOWED!! There w.tll be a $SOUa0 fine~charged to resident if a pet is seen inside or around. the premises. Resident isn't allowed to keep a pet for a shoe period of time for a friend or relative. 7. NO KEROSENE HEATERS PERMITTED. 8. Mowing of grass and removal of snow will be taken care-of by the landlord. 9. All trash should be disposed of in plastic borough bags & placed ®the curb on the designated pick-up day. Trash doesn't belong on;the porch: All re-cyclables should be put to re-cycling bin. If landlord has to-haul trash from premises, resident will`be charged a fee. 10. The side porch should be kept clear,.-you tnay' have lawn futTitfure or bicycles. BUT NOTHING ELSE CAN BE STORED OI~I IT'-NO TRASH OF'A~I~' KIlVI7! ! 1 1. Parking lot -any vehicles that are parked on the grass area will be charged a restoration fee for damage to grass. 12. Resident will be responsible for payment of maintenance service call & material costs for the following due to negligence of resident: BATHTUB -toys, coins or any abnormal item found that clogged the drain TOILET -sanitary napkins, tampons, paper towels, toys ar any abnormal items ALL SINKS -toys, coins, plastic items or any abnormal items DISHWASHER -any plastic. items or broken glass or any abnormal items REFRIGERATOR -any sharp or pointed instrument used that damaged the refrigerating system, or any abnormal abuse to the refrigerator. 13. Water beds are not allowed without special permission from the landlord/ owner. If any damages occur due to water bed-being on premises, it will be the responsibility of the resideni to pay cost of repairs, including materials, Labor, and travel time. J r' T" _O0OL-l~_~.NCY R1i1G1zILA'~'~ONS - 243 P+~. r1a.R'lt~ ST. =-2ND-FL--OUR---- -- _ _ __ 14. Move out inspection will take place on a week-day, Monday through Friday, between the hoots of 9:00 A.M. and 5:00 P.M., during office hours, excluding holidays. Any check-out appointment that is requested to be done on Saturday, Sunday or after regular office hours, the tenant will be charged a fee of $75.00, with no exceptions. Your Iease has been initially set up to. accotnmodatc anon-weekend or holiday move out. 15. ..ALL KEYS THAT WERE ISSUED MUST BE RETURNED . at move, out inspection. If all keys are not returned, you will be charged foureplacement of lockand%or keys. 16. PROCEDURE FOR THAWING ICE on walks, steps, etc.; DON'T use~any product thatcontains. Rock Salt. The ONLY products you are allowed to use are; ZERO ICE or CALCIiJK%i. If there is evidence of rock-salt being used, you could be chargedfor repairs andfor a restoration fee. 17. ANY-AREA BELOW GRADE may not be free from water damage or moisture depending on climatic conditions. 18. A $25.04 fee will be charged for any change in occupants, except for death. Also, the procedure is for residents to call the office and schedule a walk thru inspection, for any damages, before the vacating tenant leaves. 19. No trash of furniture is to be left in the residence. or surrounding areas at the tithe of move out. _ 20. Tub mats are not to be left in the tubs after bathing or showering. IF damage has occurred fmcn leaving mats in the tubs, tenant will be responsible for damage & repairs. 21. The Oil Tank is full when resident moves in and oil tank should be filled at residents expense when lease is terminated. A $150.00 oil deposit was collected and is refundable providing the oil tank is full when resident moves out. Resident is requested to contact Arnold Fuel Oi[ at 243-551.1 to set up an account and request to be put on automatic delivery. This is requested because any time the pipes freeze because of lack of heat, or the lines need bleeding because the oiI tank was empty, the repairs will be at the resident's expense. EXHIBIT 2 Austin Rentals 7~s- rv: West- ti Ca-cfis le, .PA-17013 717-245-0082 Dear Tenant, r~~~eC Enclosed is a clean-up -list for your unit. If you follow this list closely, you should not have many, if any, deductions at the tfine of your final inspection. The minimum cleaning fee is $30.00. Please be aware that once we receive notice of lease: termination we wilt begin to advertise and show your apartment to potential tenants. We will try to give you as much notice as possible when we schedule appointments. We always try to schedule during office hours of 9 am to 5 pm but sometimes there will be early evening appointment. 111fe will call the phone number we have to your apartment when an appointment has been scheduled. If there is another phone number you wish to be reached at please inform the office. -~- ' You will need to call the office to schedule a time for the final walk thru inspection. This must be done afterall of your things have been removed, and'the cleaning has been done. PLEASE fiti~'II~fEMB~R TO CALi TKE UT/L.ITYCOMP~AilES ANL?HAVE THE [7TILlTlES TAfCEN OE/T OF YOUR`NA~~VIE=DN~ THE-DAY OF THL~ fINA~ WA"tK THRU INSPECTION, OR THE L~ND`OF YO~JR LF4"~FJNOTJCF We will-also need to have your forwarding address, so-that the- security deposit can be mailed to you. If you have any questions, please call me at the office. Thank You for- Jeffrey S. Austin ..... _ ... :_ _..: ~ u 1C.: LJti~ i ~1(~~±C)I~EAN U~ tiVindaws-inside and but. Window fi~ames wiped clean. Clean the window-sills inside and between the windows and screens. This includes the garage and basement. Storm windows must be clean if included in unit All woodwork; baseboards,.doors, closet doors and shelves, baseboard heaters and vent registers should be vacuumed and wiped clean. Vacuum carpeting in all rooms and- steps Mop- kitchen, bathroom, foyer entrances, etc. thoroughly -floors should not be sticky after cleaned Remove all cobwebs- in unit -including basement All overhead light fixhires including vanity lights should be cleaned inside and out Washer and dryer (if applicable) thoroughly cleaned inside and out. . Poly cart and recycling bin should be emptied and thoroughly washed out-clean out and use plastic bags for trash-the containers must be washed out with a broom and hot water with no debris on the bottom ...KITCHEN Stove -clean top, front and side edge, underneath the top, reflector pans and rings, under reflector pans, Inside: oven racks, broiler area and broiler pan, pull-out drawer (if applicable)...leaving no white residue Range-hood: clean outside and underneath -should not be sticky or greasy Dishwasher -inside should be free of all food particles, including seal around door -outside should be clean Refrigerator/Freezer -defrost and clean thoroughly inside and out. Clean the shelves and drawers. Countertops and sink -thoroughly clean sink faucet Kitchen, cabinets and drawers - must be cleaned inside and out -free of food particles and grease BATHRO~IYLS Tub and enclosure, including shower stalls, cleaned leaving no soap scum or film. Toilet -including base of toilet, toilet seat and underside of seat thoroughly cleaned Medicine cabinet -inside and out including mirror and light above Vanities -inside and out including sink, faucet, and countertop Throw away shower curtain and rings. PATIO (If applicable) Remove alY items, sweep and clean patio - OUTSIDE OF'APT/T.OWN$OUSE -Sweep -clean up any debris etc. cigarette- butts, gum, wrappers, etc. BAS~EIVIEAIT (If applicable) Floor and stairs should be swept and cleaned of any spills. Top- of water heater and furnace should be wiped clean. If you have a fireplace or wood stove -it has to be cleaned out and the chimney must be cleaned GARAGE (If applicable) Remove all items. Sweep floor. Replace all ton-working light bulbs ff?-~RE~'TAL LTIYIT IS NOT CLEANED PROPERLY, YOU WILL BE G'IL4RGED AS.FOLLOWS: 530.00 PER HR. ~LEANI3~IG -m~Um cL~axnvG FEE IS ~o.ao~ IF ANY: DAMAGES HAVE OCCURRED Td T$E RENTAL UNIT DURING YOUR LEASE, YaU W1I.L BE. CI#ARGED:: LANHi;ORD ~tLL DE'I'~RMI~VE COST OF BAMAGE. DO 1Y[~T PATCH Al~fl' NAIL HOLES & P'L.Ti`RkSF LEAS PLAN R HOOKS IN CEII,IIVG 1~Y1'-PER'S: REPI,AC~ AI;L N41wWOG LLGHTBULBS (INCLUDING APPLIANCE BL7LB8)- YOi3'WII,LBE CHA~T~" $Z:SO FOR` EAC~i= REGULAR LTCHTBULB THAT NEEDS ~tEPLACED CUR'TAII~'EdD~ WERE PROVIDED, PLEASE LEAVE THEM IN PLACE -UPON MOVE-QUT. DO AIO'I' LEAVE ANY TRASH/I'ERSONAL ITEMS~IlVIOUTSIDE OF RENTAL~7NIT U1~I;ESS IlYCILBYEt3:ON' CHECK=lF1 LIST -- YOU WILL BE CHARGED -FOR WASTE DISPOSAL, ICE eUDE 'I'RAYS~ ttE~IA#3~I IN FREEZER UPON MOPE-OUT. YOU WILL BE CHARGED S Ia.b~' FbR~REPLACEIVI'~N~IT. ALL KEGS"l~+fiJST BE R~TI.TRNED'A'i' C~C'~aC~IJ'I` APPOINT~.Ec~tT ~I ~ XQ~ HAVE OII. HEAT, THE TANK-MUST BE~ FILLED BEFORE FINAL INSPEG'I'I~N:. TIiE' RECEIPT FOR THE FILL UP IS IrEQUIItED` TO BE GIVEN TO AUSTIN REN'I'A~LS. LIST OF APPROXIMATE COSTS FOR CLEANING $30 00 PER HR ~, WII~IDOWS, SILLS, INSIDE & OUTSIDE= 20 minutes per window STORM WII~IDQWS= 15 minutes per set AIIZ CONDITIONER & FRAME 15 minutes CLOSET SHELVES= 10 min, per shelf Linen closet+l5 min. total VACUUM & MOP (depends on if anything was done= 15 minutes per room BASEBOARDS= 15 minutes per room WOOKWORK (doors, door frames, etc.) 15 min. per door & frame REMOVE STICKERS FROM DOORS 15 min per door for 3-4 stickers REMOVE COBWEBS= 15 to 30 min. per unit CLEAN STOVE = Anywhere. from 1/2 toll/2 hrs (under the top= '/4 hr.) (oven racks= 1/2 hr.) (reflector pans & rings=l/2 hr.) (inside oven= '/~ hr for medium soiled, 1 hr, for heavy soil) (storage drawer='/4 hr.) STOVE HOOD= Anywhere from I/z to 1 hr (heavy soil= 1 hr.) ( light soil= %2 hr.) WIPE OUT CABINETS= Anywhere from '/4 hr to 1 hr (depends on how dirty they are, and if nothing was done, and also how many cabinets there are) Average us 1 hr. for most. REFRIGERATOR= 30 min DISHWASHER= 15 min. for seal, & bottom of tub BATHTUB= Anywhere from 1/2 to 1 hr (heavy soiled= 1 hr.) (depends on how dirty) TOILET= 15 min, for toilet & base MEDICINE CABINET 15 min VANITY= 15 min LIGHTS ABOVE VANITY= l5 min -SWEEP BASEMENT= 30 to 40 min. CLEAN FIREPLACES= 30 min SLIDING DOOR TRACKS 15 min per track WIPE OFF. WATER HEATERS= 15 min SWEEP OFF STEPS= 15 min SWEEP OFF PATIOS & DECKS= 15 min CLEAN RECYCLE BIN= 15 min CLEAN POLYCARTS= 30min CLEAN SHOWER STALLS= 15 to 30 min CLEAN PATIO DOORS= . 30 min If floor is excessively dirty, it could take from 30-45 min per room. Extra cleaning of carpet depends on how many stains and chemicals used. TRASH_MINIMUM- IF WE HAVE TO USE TRACK TO PICK UP TRASH $I50.~0 PER LOAD EXHIBIT 3 JEFFREY S AUSTIN 716 N WEST STREET CARLISLE, PA 17013 717-245-0082 12/04/08 Ben Mull 240 West North St #2 Carlisle, Pa 17013 Security Deposit $395.00 Security Deposit for oil $150.00 Interest on $545.00 $48.76 Less oil tank wasn't filled to top-wilt get a bill from us along with areceipt -$544.07 138.7 GAL DELIVERED 12/12/08 @ 3.92 A GAL Less cleaning issues: Windows not washed inside or outside and leaves inside of sills (5) windows @ 30.00 per hr -$45.00 Oven not clean and rack = 1 hour Toilet not cleaned (STAINED had to use acid) -$30.00 -$15.00 hauled 2 pcs of furniture away n/c replaced carpet in kitchen area replaced carpet in living room area (stains couldn't be removed) n!c n/c TOTAL DUE TO AUSTINS: Send to: Mr. Ben Mull 224 S. 4th Street Phillipsburg Pa. 16866 -$40.31 DATE AMOUNT: CHECK # ' JEFFREY S AUSTIN 7i6 N WEST STREET CARLISLE, PA 17013 717-245-0082 INTEREST ON SECURITY DEPOSIT CURRENT INTEREST RATE 2.75% AMOUNT OF SECURITY DEPOSIT ~ ~~ G~ NO INTEREST THE FIRST TWO YEARS, PER LANDLORD TENANT ACT ' MOVE IN S7 I - zDD3 r~~ 3~ ~ ~~ ~~ (~- ~' MOVE BUT - ~ Z(~~g 5~S U~ SECURITY DEPOSIT AMT $ ~ ~ ~ ~ X .0275 INT. RATE _ ~ ~ ~ ~~~ DIVIDED BY 365 DAYS = D `-1 X 12 ~~ NUMBER OF DAYS IN THE UNIT = 4 g'~ 1t2DV ~ ~ ~ ~~ 2 v .~ y 20b~ (~~ a 1 2oD~ TOTAL NUMBER OFDAYS TO ~ ~ - Z CD ~ U DAYS TO 3 ~ a(~U `~ ~ DAYS TO 3 ( Z aL,~ ~ ~ G DAYS TO l,(_- ~ ( 2~D~ ~ ~J ~ DAYS TO (~(, ~ I 7Do~ r - ~ f~ _J DAYS To ~ e~ / f 2~ D ~'" i Z3 DAYs TO DAYS TO DAYS TO DAYS TO DAYS TO DAYS TO DAYS. TO DAYS TO DAYS TO DAYS TO DAYS TO DAYS TO DAYS I r Z l~ DAYS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION - LAW BENJAMIN C. MULL , ^ * No. 09-2684 Plaintiff * - M ar, , VS. - :T- CD r JEFFREY S. AUSTIN and * t ": MARY B. AUSTIN, * .7 Defendants PLAINTIFF'S REQUESTS FOR ADMISSIONS OF FACT AND ACCOMPANYING INTERROGATORY TO DEFENDANT Pursuant to Pa.R.C.P. No. 4014, Plaintiff, BENJAMIN C. MULL, acting pro se, hereby requests that Defendant JEFFREY S. AUSTIN make the following admissions within thirty (30) days after service, for the purposes of this action only and subject to all pertinent objections as to relevancy which may be interposed at the trial of this case. In addition, pursuant to Pa.R.C.P. No. 4005, Plaintiff hereby requests that said Defendant answer under oath the following interrogatory. Responses to these requests and interrogatory are to be served upon the Plaintiff at the address listed below within thirty (30) days after service. INSTRUCTIONS 1. These requests for admissions and accompanying interrogatory are directed to the Defendant, JEFFREY S. AUSTIN, his employees, agents, servants, assigns, and representatives, past and present; and, unless privilege is claimed, each and every attorney, past and present, of each and every such individual or entity. As used herein, "defendant," "you," and "your" means the Defendant to which these requests for admissions and accompanying interrogatory are addressed, JEFFREY S. AUSTIN, his employees, agents, servants, assigns, and representatives, past and present; and each and every attorney, past and present, of each and every such individual or entity. 2. These requests for admissions and accompanying interrogatory encompass all information, documents, and records that are in the possession, control, or custody of the Defendant or any of his employees, agents, servants, attorneys, and assigns. 3. If any objections are made to any request for admission or to any accompanying interrogatory, the reasons therefor shall be stated with particularity and with reference to any statute or rule upon which the Defendant relies in making such objection. 4. If there is any claim of privilege relating to any request to admit or interrogatory, you shall set forth fully the basis for the claim of privilege, including the facts upon which you rely to support the claim of privilege, in sufficient detail to permit the court to rule on the propriety of the privilege. 5. If your response to any request is not an unqualified admission, your answer shall specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. 6. A denial shall fairly meet the substance of the requested admission, and when good faith requires that you qualify your answer or deny only a part of the matter of which an admission is requested, you should specify so much of it as is true and qualify or deny the remainder. 7. You may not give lack of information or knowledge as a reason for failure to admit or deny, unless you state that you have made reasonable inquiry and that the information known to you or readily obtainable by you is insufficient to enable you to admit or deny. 8. These requests for admission and interrogatory are continuous in nature and must be supplemented promptly if Defendant obtains or learns further or different information between the date of the response and the time of trial by which Defendant knows that a previous response was incorrect when made, or, though correct when made, is then no longer true. 9. Unless otherwise indicated, the time period to which these requests for admission and interrogatory are directed is from on or about APRIL 1, 2003 through the present. 10. These requests may seek the admission of the genuineness of various documents. In some cases, there are printed number and letter codes that run along the bottom of particular documents. In other cases, the word "evidence" and other identification marks may be affixed to the document. Such number, letters and identifying words were affixed during the accumulation and copying of the documents for this case and are not be considered part of the document itself, except for purposes of referencing the document. The requests do not seek Defendant's admission regarding the accuracy and genuineness of those numbers and letters, but only of the document on which those numbers and letters have been placed. DEFINITIONS 1. All verbs are intended to include all tenses. 2. References to the singular are intended to include the plural and vice versa. 3. "Any" as well as "all" shall be construed to mean "each and every." 4. "And" as well as "or" shall be construed disjunctively as well as conjunctively, as necessary, in order to bring within the scope of these requests all information that might otherwise be construed to be outside their scope. 5. "Refer to" or "relate to" means constituting, defining, describing, discussing, involving, concerning, containing, reflecting, identifying, stating, analyzing, mentioning, responding to, referring to, dealing with, commenting upon, or in any way pertaining to. REQUESTS FOR ADMISSIONS OF FACT 1. The Defendant was present at the hearing before Magisterial District Justice Jessica Brewbaker on March 30, 2009, the result of which lead to the instigation of the above captioned proceedings. ADMIT DENY 2. The Defendant personally conducted a cross-examination of the Plaintiff at the hearing mentioned in the foregoing Request. ADMIT DENY 3. Apart from any interaction at the hearing of March 30, 2009, the Defendant has never spoken with the Plaintiff. ADMIT DENY 4. The Defendant never directly communicated with the Plaintiff, either through oral, written, or other means, at any time prior to the expiration of the lease which is the subject of the present action. ADMIT DENY 5. The Defendant relied on his employees or agents to perform all communication between himself and Plaintiff at all times prior to the expiration of the lease which is the subject of the present action. ADMIT DENY 6. The Defendant did not discuss any of the provisions of the lease or any contemporaneous oral agreements which are the subject of the present action with Plaintiff prior to September 1, 2003. ADMIT DENY 7. Any and all negotiations or discussions regarding the provisions of the lease or any contemporaneous oral agreements were carried out on Defendant's behalf by one or more employees or agents of the Defendant. ADMIT DENY 8. The Defendant is not or is no longer aware of the identity of the person or persons who acted on his behalf during any discussions or negotiations pertaining to the lease or any contemporaneous oral agreements. ADMIT DENY 9. On or before December 1, 2008, the Defendant was in possession of a receipt indicating that Plaintiff had purchased 130 gallons of home heating oil at the rate of $2.79 per gallon on November 17, 2008, which heating oil was delivered to the leased premises. ADMIT DENY 10. The receipt mentioned in Request 9, above, included the name, address, and local telephone number of the company from which the home heating oil was purchased by Plaintiff on November 17, 2008. ADMIT DENY 11. The Defendant's employee or agent who conducted the "final inspection" of the premises, as mentioned on page 4 of the lease, failed to note or discuss with Plaintiff any perceived inadequacy regarding the cleanliness or lack of cleanliness of the windows in the premises. ADMIT DENY 12. The Defendant's employee or agent who conducted the "fmal inspection" of the premises, as mentioned on page 4 of the lease, failed to note or discuss with Plaintiff any perceived inadequacy regarding the cleanliness or lack of cleanliness of the oven or oven rack in the premises. ADMIT DENY 13. The Defendant's employee or agent who conducted the "final inspection" of the premises, as mentioned on page 4 of the lease, failed to note or discuss with Plaintiff any perceived inadequacy regarding the cleanliness or lack of cleanliness of the toilet in the premises. ADMIT DENY 14. The person who acted on the Defendant's behalf during any discussions or negotiations pertaining to the lease or any contemporaneous oral agreements is no longer employed by Defendant or no longer acts as Defendant's agent. ADMIT DENY 15. The document attached to Defendant's Answer With Counter Claim to Amended Complaint and labeled "Exhibit 1" was not presented to Plaintiff until after he had signed the lease. ADMIT DENY 16. The document attached to Defendant's Answer With Counter Claim to Amended Complaint and labeled "Exhibit 1" was first presented to Plaintiff at the hearing of March 30, 2009 before Magisterial District Justice Jessica Brewbaker. ADMIT DENY 17. The entirety of all documents comprising Plaintiff's Exhibit "A" were produced by Defendant or Defendant's agents or employees, with the exception of the Plaintiffs signature on page 5 thereof. ADMIT DENY INTERROGATORY 1. Plaintiff hereby requests that for each request for admission set forth above which you deny, in whole or in part, state: a. all facts, information, and matters including relevant dates, times, and places upon which your denial is based; b. if the occurrence of any event is admitted but the date of that event is denied as stated in the request, the date on or before which you believe such event occurred; c. if it is denied that you lack knowledge of the identity of any current or former employee or agent who conducted any negotiations or discussions relative to the lease or contemporaneous oral agreement which are the subject of this action, the name of any such person or persons; d. all contact information in your possession, including mailing addresses, e-mail addresses, or telephone numbers, of any person or persons identified in the preceding sub- interrogatory "c" along with the date or approximate date said contact information was last known to be current; e. any regulatory provisions or statutory or other legal basis upon which your denial is based; f. the identity by name, address, telephone number, and employment title of all persons with information concerning matters upon which ,your denial is based; g. a summary of the information or knowledge possessed by each such person; and h. the identity and description of all documents that refer or relate to the facts, information, and matters upon which your denial is based. Date: I KVyr, T Benjamin C. ull, Esquire Pro se Plaintiff 224 South 4th Street Philipsburg, PA 16866 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION - EQUITY BENJAMIN C. MULL, * * No. 09-2684- Civil Term * * * * TYPE OF CASE: * Civil Action - Equity * * * * TYPE OF PLEADING: * Certificate of Service * * * * FILED ON BEHALF OF: * Plaintiff * * * * * * * * * ATTORNEY FOR PLAINTIFF: * * Benjamin C. Mull, Esquire * Supreme Court ID #204132 * 224 South Fourth Street F?a M ` (y) -° p• 1.-c-, Plaintiff VS. JEFFREY S. AUSTIN and MARY B AUSTIN, Defendants * Philipsburg, PA 16866 * (814) 577-8496 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION - EQUITY BENJAMIN C. MULL, * No. 09-2684 Plaintiff * VS. * JEFFREY S. AUSTIN and MARY B. AUSTIN, * Defendants CERTIFICATE OF SERVICE I, BENJAMIN C. MULL, Esquire, do hereby certify that I have this day served one true and correct copy of the Plaintiff s Requests for Admissions of Fact and Accompanying Interrogatory addressed to Defendant Mary B. Austin and filed to the above captioned action by regular mail and addressed as follows: Gregory H. Knight 11 Roadway Drive, Ste. B Carlisle, PA 17015 Dater ?14 (/?(tw By: W - Benjamin C. Mull, Esquire Pro Se Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION - LAW BENJAMIN C. MULL, * ' ^ ; * No. 09-2684 _ -- Plaintiff Vs. JEFFREY S. AUSTIN and MARY B. AUSTIN, * rt"- -- Defendants PLAINTIFF'S REQUESTS FOR ADMISSIONS OF FACT AND ACCOMPANYING INTERROGATORY TO DEFENDANT Pursuant to Pa.R.C.P. No. 4014, Plaintiff, BENJAMIN C. MULL, acting pro se, hereby requests that Defendant MARY B. AUSTIN make the following admissions within thirty (30) days after service, for the purposes of this action only and subject to all pertinent objections as to relevancy which may be interposed at the trial of this case. In addition, pursuant to Pa.R.C.P. No. 4005, Plaintiff hereby requests that said Defendant answer under oath the following interrogatory. Responses to these requests and interrogatory are to be served upon the Plaintiff at the address listed below within thirty (30) days after service. INSTRUCTIONS 1. These requests for admissions and accompanying interrogatory are directed to the Defendant, MARY B. AUSTIN, her employees, agents, servants, assigns, and representatives, past and present; and, unless privilege is claimed, each and every attorney, past and present, of each and every such individual or entity. As used herein, "defendant," "you," and "your" means the Defendant to which these requests for admissions and accompanying interrogatory are addressed, MARY B. AUSTIN, her employees, agents, servants, assigns, and representatives, past and present; and each and every attorney, past and present, of each and every such individual or entity. 2. These requests for admissions and accompanying interrogatory encompass all information, documents, and records that are in the possession, control, or custody of the Defendant or any of her employees, agents, servants, attorneys, and assigns. 3. If any objections are made to any request for admission or to any accompanying interrogatory, the reasons therefor shall be stated with particularity and with reference to any statute or rule upon which the Defendant relies in making such objection. 4. If there is any claim of privilege relating to any request to admit or interrogatory, you shall set forth fully the basis for the claim of privilege, including the facts upon which you rely to support the claim of privilege, in sufficient detail to permit the court to rule on the propriety of the privilege. 5. If your response to any request is not an unqualified admission, your answer shall specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. 6. A denial shall fairly meet the substance of the requested admission, and when good faith requires that you qualify your answer or deny only a part of the matter of which an admission is requested, you should specify so much of it as is true and qualify or deny the remainder. 7. You may not give lack of information or knowledge as a reason for failure to admit or deny, unless you state that you have made reasonable inquiry and that the information known to you or readily obtainable by you is insufficient to enable you to admit or deny. $. These requests for admission and interrogatory are continuous in nature and must be supplemented promptly if Defendant obtains or learns further or different information between the date of the response and the time of trial by which Defendant knows that a previous response was incorrect when made, or, though correct when made, is then no longer true. 9. Unless otherwise indicated, the time period to which these requests for admission and interrogatory are directed is from on or about APRIL 1, 2003 through the present. 10. These requests may seek the admission of the genuineness of various documents. In some cases, there are printed number and letter codes that run along the bottom of particular documents. In other cases, the word "evidence" and other identification marks may be affixed to the document. Such number, letters and identifying words were affixed during the accumulation and copying of the documents for this case and are not be considered part of the document itself, except for purposes of referencing the document. The requests do not seek Defendant's admission regarding the accuracy and genuineness of those numbers and letters, but only of the document on which those numbers and letters have been placed. 1. All verbs are intended to include all tenses. 2. References to the singular are intended to include the plural and vice versa. 3. "Any" as well as "all" shall be construed to mean "each and every." 4. "And" as well as "or" shall be construed disjunctively as well as conjunctively, as necessary, in order to bring within the scope of these requests all information that might otherwise be construed to be outside their scope. 5. "Refer to" or "relate to" means constituting, defining, describing, discussing, involving, concerning, containing, reflecting, identifying, stating, analyzing, mentioning, responding to, referring to, dealing with, commenting upon, or in any way pertaining to. REQUESTS FOR ADMISSIONS OF FACT 1. The Defendant was not present at the hearing before Magisterial District Justice Jessica Brewbaker on March 30, 2009, the result of which lead to the instigation of the above captioned proceedings. ADMIT DENY 2. The Defendant has never knowingly spoken with the Plaintiff. ADMIT DENY 3. The Defendant never directly communicated with the Plaintiff, either through oral, written, or other means, at any time prior to the expiration of the lease which is the subject of the present action. ADMIT DENY 4. The Defendant is the same MARY B. AUSTIN mentioned on page one of Plaintiff's exhibit "A" and is likewise the same MARY AUSTIN referred to on page five (5) of Plaintiff's exhibit "A". ADMIT DENY 5. The Defendant relied on her employees or agents to perform all communication between herself and Plaintiff at all times prior to the expiration of the lease which is the subject of the present action. ADMIT DENY 6. The Defendant did not discuss any of the provisions of the lease or any contemporaneous oral agreements which are the subject of the present action with Plaintiff prior to September 1, 2003. ADMIT DENY 7. Any and all negotiations or discussions regarding the provisions of the lease or any contemporaneous oral agreements were carried out on Defendant's behalf by one or more employees or agents of the Defendant. ADMIT DENY 8. The Defendant is not or is no longer aware of the identity of the person or persons who acted on her behalf during any discussions or negotiations pertaining to the lease or any contemporaneous oral agreements. ADMIT DENY 9. On or before December 1, 2008, the Defendant was in possession of a receipt indicating that Plaintiff had purchased 130 gallons of home heating oil at the rate of $2.79 per gallon on November 17, 2008, which heating oil was delivered to the leased premises. ADMIT DENY 10. The receipt mentioned in Request 9, above, included the name, address, and local telephone number of the company from which the home heating oil was purchased by Plaintiff on November 17, 2008. ADMIT DENY 11. The Defendant's employee or agent who conducted the "final inspection" of the premises, as mentioned on page 4 of the lease, failed to note or discuss with Plaintiff any perceived inadequacy regarding the cleanliness or lack of cleanliness of the windows in the premises. ADMIT DENY 12. The Defendant's employee or agent who conducted the "final inspection" of the premises, as mentioned on page 4 of the lease, failed to note or discuss with Plaintiff any perceived inadequacy regarding the cleanliness or lack of cleanliness of the oven or oven rack in the premises. ADMIT DENY 13. The Defendant's employee or agent who conducted the "final inspection" of the premises, as mentioned on page 4 of the lease, failed to note or discuss with Plaintiff any perceived inadequacy regarding the cleanliness or lack of cleanliness of the toilet in the premises. ADMIT DENY 14. The person who acted on the Defendant's behalf during any discussions or negotiations pertaining to the lease or any contemporaneous oral agreements is no longer employed by Defendant or no longer acts as Defendant's agent. ADMIT DENY 15. The document attached to Defendant's Answer With Counter Claim to Amended Complaint and labeled "Exhibit 1" was not presented to Plaintiff until after he had signed the lease. ADMIT DENY 16. The document attached to Defendant's Answer With Counter Claim to Amended Complaint and labeled "Exhibit 1" was first presented to Plaintiff at the hearing of March 30, 2009 before Magisterial District Justice Jessica Brewbaker. ADMIT DENY 17. The entirety of all documents comprising Plaintiff's Exhibit "A" were produced by Defendant or Defendant's agents or employees, with the exception of the Plaintiff's signature on page 5 thereof. ADMIT DENY INTERROGATORY 1. Plaintiff hereby requests that for each request for admission set forth above which you deny, in whole or in part, state: a. all facts, information, and matters including relevant dates, times, and places upon which your denial is based; b. if the occurrence of any event is admitted but the date of that event is denied as stated in the request, the date on or before which you believe such event occurred; c. if it is denied that you lack knowledge of the identity of any current or former employee or agent who conducted any negotiations or discussions relative to the lease or contemporaneous oral agreement which are the subject of this action, the name of any such person or persons; d. all contact information in your possession, including mailing addresses, e-mail addresses, or telephone numbers, of any person or persons identified in the preceding sub- interrogatory "c" along with the date or approximate date said contact information was last known to be current; e. any regulatory provisions or statutory or other legal basis upon which your denial is based; f. the identity by name, address, telephone number, and employment title of all persons with information concerning matters upon which your denial is based; g. a summary of the information or knowledge possessed by each such person; and h. the identity and description of all documents that refer or relate to the facts, information, and matters upon which your denial is based. Date: 14 1 1 ? Beni m C. Mull, Esquire Pro se Plaintiff 224 South 0 Street Philipsburg, PA 16866 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION - EQUITY BENJAMIN C. MULL, * * No. 09-2684- Civil Term * * * * TYPE OF CASE: * Civil Action - Equity * * * * TYPE OF PLEADING: * Certificate of Service * * * * FILED ON BEHALF OF: * Plaintiff * * * * * * * * * ATTORNEY FOR PLAINTIFF: * * Benjamin C. Mull, Esquire * Supreme Court ID #204132 * 224 South Fourth Street :' . ? ~-) {'rp Chi ° ""! ?? rn ?d ZZ C-1 Plaintiff VS. JEFFREY S. AUSTIN and MARY B. AUSTIN, Defendants * Philipsburg, PA 16866 * (814) 577-8496 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION - EQUITY BENJAMIN C. MULL, * No. 09-2684 Plaintiff * vs. * JEFFREY S. AUSTIN and MARY B. AUSTIN, * Defendants CERTIFICATE OF SERVICE I, BENJAMIN C. MULL, Esquire, do hereby certify that I have this day served one true and correct copy of the Plaintiffs Requests for Admissions of Fact and Accompanying Interrogatory addressed to Defendant Jeffrey S. Austin and filed to the above captioned action by regular mail and addressed as follows: Gregory H. Knight 11 Roadway Drive, Ste. B Carlisle, PA 17015 Date: Benj in C. Mull, Esquire Pro Se Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION - EQUITY BENJAMIN C. MULL, * c * No. 09-2684 -0= Plaintiff * z: 'pa r -V -<? c M C) c? VS. * * TYPE OF CASE: r--z no $ ---tr) Q-n JEFFRERY S. AUSTIN and * Civil Action - Equity MARY B. AUSTIN, Defendants * * TYPE OF PLEADING: * Praecipe for Reinstatement of * Amended Complaint * * * FILED ON BEHALF OF: * Plaintiff * * COUNSEL OF RECORD FOR THIS * PARTY: * Benjamin C. Mull, Esquire * Supreme Court I.D. No. 204 132 * 224 S 4th St * Philipsburg PA 16866 * (814) 577-8496 yl0,00 pd.a,#Y ekg- 670 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION - EQUITY BENJAMIN C. MULL, * No. 09-2684 Plaintiff * VS. JEFFREY S. AUSTIN and MARY B. AUSTIN, * Defendants PRAECIPE FOR REINSTATEMENT OF AMENDED COMPLAINT TO THE PROTHONOTARY OF SAID COURT: Kindly reinstate the Amended Complaint in the above matter. Date. By: GL 6-tt L"" I?AA ( BBenjanAn C. Mull, Esquire Pro Se Plaintiff 224 South Fourth Street Philipsburg, PA 16866 rn rT, c? .... - t U) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. =v C-n . -+ T?t7 CIVIL ACTION - EQUITY zo -- --. : BENJAMIN C. MULL, Plaintiff vs. JEFFREY S. AUSTIN and MARY B. AUSTIN, Defendants * No. 09-2684- Civil Term * * * * TYPE OF CASE: * Civil Action - Equity * * * * TYPE OF PLEADING: * Certificate of Service * * * * FILED ON BEHALF OF: * Plaintiff * * * * * * * * * ATTORNEY FOR PLAINTIFF: * * Benjamin C. Mull, Esquire * Supreme Court ID #204132 * 224 South Fourth Street * Philipsburg, PA 16866 * (814) 577-8496 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - EQUITY BENJAMIN C. MULL, * No. 09-2684 Plaintiff * VS. JEFFREY S. AUSTIN and MARY B. AUSTIN, * Defendants CERTIFICATE OF SERVICE I, BENJAMIN C. MULL, Esquire, do hereby certify that I have this day served one original Plaintiff's First Set of Requests for Production of Documents Directed to Defendant Jeffrey S. Austin as well as one original Plaintiff's First Set of Interrogatories Directed to Defendant Jeffrey S. Austin relating to the above captioned action by First Class mail and addressed as follows: Jeffiey S. Austin c/o Gregory H. Knight, Esquire 2 Northfield Way Mechanicsburg, PA 17050 Dated: 1 /2, ( /1. ( ? Benjam' C. Mull, Esquire Pro se Plaintiff 224 South 4t' Street Philipsburg, PA 16866 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - EQUITY BENJAMIN C. MULL, * * No. 09-2684 __3 Plaintiff * • r r, vs. JEFFREY S. AUSTIN and * '~ MARY B. AUSTIN, _ Defendants MOTION TO COMPEL DEFENDANT TO RESPOND TO PLAINTIFF'S INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS AND NOW comes the Plaintiff, Benjamin C. Mull, proceeding pro se, and files the following Motion to Compel Defendant to Respond to Plaintiffs Interrogatories and Requests for Production of Documents directed to Defendant Jeffrey S. Austin and in support thereof avers the following: 1. On April 29, 2009, Plaintiff filed a Complaint under the above caption and served one copy of said Complaint on Defendant Jeffrey S. Austin. 2. On July 21, 2011, Plaintiff served Defendant Jeffrey S. Austin with Interrogatories and Requests for Production of Documents seeking information which is solely within the possession of the said Defendant and which Plaintiff was unable to acquire after reasonable investigation; a copy of the said Interrogatories and Requests for Production of Documents is attached and labeled "Exhibit A". 3. In correspondence dated September 22, 2011, Plaintiff notified Defendant's counsel he had not yet received any response to the discovery requests mentioned in the preceding Paragraph and that this Motion would be filed in the event no response was promptly forthcoming; a copy of the September 22, 2011, letter is attached hereto and labeled "Exhibit B". 4. Pursuant to Pa. R.C.P. 4006, Defendant Jeffrey S. Austin was required to respond to Plaintiff's Interrogatories and Requests for Production of Documents on or before August 22, 2011. 5. As of the date of this filing, the Plaintiff has not received any response to his Interrogatories, Requests for Production of Documents, or his letter of September 22, 2011. 6. Pursuant to Pa. R.C.P 4019, Plaintiff respectfully requests this Honorable Court to enter an Order directing Defendant Jeffrey S. Austin to provide full and complete Answers to Plaintiff's Interrogatories and to make available the Documents requested in Plaintiff's Requests for Production of Documents within twenty (20) days or suffer such sanctions as the Court may provide. 7. The Plaintiff certifies that he has attempted to resolve this matter as set forth above. 8. The Honorable Judge J. Wesley Oler, Jr., has previously ruled upon a Motion submitted by the Plaintiff in this matter regarding objections by the Defendant to the filing of an Amended Complaint. WHEREFORE, the Plaintiff, Benjamin C. Mull, respectfully requests this Honorable Court to enter an Order compelling Defendant Jeffrey S. Austin to provide full and complete Answers to Plaintiffs Interrogatories and to make available the Documents requested in Plaintiff's Requests for Production of Documents within twenty (20) days or suffer such sanctions as the Court may provide. Dated: I I loq /?C) 1 l Respectfully submitted, By: Benjami . Mull, Esq. Pro Se Plaintiff VERIFICATION I hereby verify that the statements set forth in the foregoing MOTION are true and correct to the best of my knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: /2-Q By: aa?t4-'?J* Benj C. Mull, Esq. Pro Se Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - EQUITY BENJAMIN C. MULL, * No. 09-2684 Plaintiff * VS. * TYPE OF CASE: * Civil Action - Equity JEFFREY S. AUSTIN and MARY B. AUSTIN, * Defendants CERTIFICATE OF SERVICE I hereby certify that one true and correct copy of a Motion to Compel, directed to Defendant Jeffrey S. Austin, was served on the said Defendant's counsel of record by first class mail, postage prepaid, on this, the fourth day of November, 2011, at the address below. Gregory H. Knight, Esq. 2 Northfield Way Mechanicsburg, PA 17050 Date. /0 1-2- 0 1 By: ( ?Ihal Benjaiftib C. Mull, sq. Pro Se Plaintiff 224 South Fourth Street Philipsburg, PA 16866 f IN 1 IL' COURT OF COMMON PLEAS OF CUMBERLAND C'( WN I Y. PA CIVIL ACTION - EQUITY I3f ?J ??1Iti C'. ?1l 1.1 . I'laIn till ? s. If I l kI-Y S Al S'I'IN and ?IA kY B..1t'S'l IN. Defendants I O .lef h-c% S. Austin cro Gregory 11. Knight_ Esquire 3 Northfield Way Mechanicsburg, PA 17050 No. 09-?684 NOTICE Y m are hereby required to answer the following Interrogatories under oath and in pursuant to the Pennsylvania Rules of Civil Procedure within thirty (30) days ol'the date ol'scr\ icr hcreol'. Submitted By: Benjamin . Mull, Esquire Pro se Plaintiff' Dated and Served: -7/ Z / /Z ? ITAINTIFF'S FIRSTSET OF INTERROGATORIES DIRECTED TO DEFEN'DANI JEFFREY S. AUSTIN wile 111,: Current or nluat recentl\ kno?Nn name, address, and telephone nuntlhcr )I \u;tin'', former spouse and co-deli:ndant Mare B.:\u,tin. \ti;WI•,R: ?. I he moil recent date or approximatr date on {hick Defendant .lellrcN ti \u, i tltc an,??er to the tbrgoing Interrog,atorti to he accurate. \\` IA"l- 3 l he Current or most recently known name, address. and telephone nunthcr of ,? urrcn I??rnter :mploycc of Detcndant Jeffrey S. ALIStin, or anN business partly or ??holIN mN m-d Opcratcd h\ the said Defendant, known as or going by the nanw Dottie LC M) during. AI;1\ 01 putt ?. \\?SWf:R: l he most recent date or approximate date on which Defendant Jeff'rcN S. AuNtin Lnc\\ to the forgoing Interrogatory to be accurate. \\sWER. )atcd and Served: -7 1-2, /12,0Benjamin Mull.l"aLluirc Pro se Plaintiff 224 South 4`h Street Philipsburg. PA 10806 IN H It: COURT OF COMMON PLEAS OF CUMBERLAND COIN I Y. 1';\ CIVIL ACTION - EQUITY BI \JAMIN C. MULL, * No. 09-?684 Plaintiff * * S. * .I1,FFRF:Y S. At S 11N and /IARY B. A USTIN. * Defendants PLAINTIFF'S FIRST SET OF REQUESTS FOR PRODUCTION OF QUIC.'UMENTS DIRECTED TO DEFENDANT JEFFREY S. AUSTIN Plaintiff lien.jamin C. Mull, proceeding pro se, requests that the above-natncd DOcndant. Ic fired S. Austin, produce the following documents and materials within thirty (3(1) da?? in accordance with the Pennsylvania Rules of Civil Procedure. These Requests are eontinuinE' iii nature and will require updating as additional documents and material are received or discos Bred h.\ ;aid Defendant. 1. Anv and all statements concerning this action or its subject matter made h? am pari.\ of ""mess. For the purpose of these Requests, "statement" is a written or recorded statement signed )I otherwise adopted or approved by the person making it or a stenographic, mechanical. elCetrikOI ether recording. or a transcription thereof, which is a substantially verbatim recital (d im m d Statement by the person making it and contemporaneously recorded. ?. III documents relating to the current or former employment of an individual kiwml Or formerly known as Dottie Lewis by Defendant Jetfrey S. Austin or any business owned or operated ill whole or in part by Defendant Jeffrey S. Austin, including all documents in and ?kd.\ rclatine 1k, the termination of such employment. 3. :111 notes, summaries, and recordings of any conversations with or interN ic• ' ol th'. plaintiff. mtnesses. or any other person(s) concerning the facts of this case, items of daniagc. and ui? ether dlsco?crable inturmation. 4 111 letters. notes. or other documents pertaining to any contact between it party or hi, l her auornc? or representative with any witness or potential witness to the events complained (d in Olt: ( omplaint. i. All agreements or documents relating to any agreement or agreements between I )clend:ult Ictfrc? S. -Austin or any business owned or operated in whole or in part by said DC161dalit and any person, persons, entity, or entities which engages in the provision ofpetroleum-based fuel oil. 6. I'hese Requests are continuing and require supplemental responses as you, your attorncN s. ,,r rcprescmatives obtain any additional documents of the categories requested herein pnor t? ?I time of, trial. Dated and Served: 7/?, ' 12-o t l Submitted by: Benja i C. Mull. I-aLiuirc Pro se Plaintiff' 224 South 4"' Street Philipsburg, PA 16866 • Benjamin Clifton Mull, Esq. 224 South Fourth Street Philipsburg, PA 16866 (814) 577-8496 September 22, 2011 Gregory H. Knight, Esquire 2 Northfield Way Mechanicsburg, PA 17050 In Re.: Mull v. Austin No. 09-2684 Civil Term Dear Mr. Knight: Please be advised that, since I have received no response to my recent discovery requests, I will be filing a Motion to Compel relative to said requests in the near future and without further advance notice if a satisfactory response is not promptly forthcoming. Yours, Benjamin C. Mull, Esq. F4-LJ ? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??ktitittr ofi ?u,rfbrrd;?l1D 'f-]LEO-OFFICE OF THE PROTHONOTARY 2011 DEC 28 PM 12: 41 CUARLAND COUNTY NNSYlVAN1A Benjamin C. Mull Case Number vs. Mary B. Austin 2009-2684 SHERIFF'S RETURN OF SERVICE 12/19/2011 03:43 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 19, 2011 at 1543 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mary B. Austin, by making known unto herself personally, at 1144 Redwood Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. . / --4 .n SHERIFF COST: $34.44 December 20, 2011 SO ANSWERS, RONNAY R ANDERSON, SHERIFF C Coun`ySuite Sheriff. Teimsoft. In;;. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - EQUITY BENJAMIN C. MULL, * No. 09-2684 - Civil Term Plaintiff * vs. * TYPE OF CASE: JEFFREY S. AUSTIN and * Civil Action - Equity MARY B. AUSTIN, * * Defendants * TYPE OF PLEADING: * Certificate of Service * * * * FILED ON BEHALF OF: * Plaintiff * * * * * * * * * ATTORNEY FOR PLAINTIFF: * * Benjamin C. Mull, Esquire * Supreme Court I.D. No.: 204132 * 224 South Fourth Street * Philipsburg, PA 16866 * (814)577-8496 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - EQUITY BENJAMIN C. MULL, * No. 09-2684 Plaintiff vs. * to t'° 9 JEFFREY S. AUSTIN and :x r MARY B. AUSTIN, r? =K Defendants * Cn CERTIFICATE OF SERVICE I, BENJAMIN C. MULL, Esquire, do hereby certify that I have this day served one certified copy each of every document filed under the above caption by regular mail and addressed as follows: Mary B. Austin 1144 Redwood Drive Carlisle, PA 17013 Date: ??Q? By• ?i?l?r Benj in C. Mull, Esquire Pro Se Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - EQUITY BENJAMIN C. MULL, * No. 09-2684 - Civil Term Plaintiff vs. * TYPE OF CASE: JEFFREY S. AUSTIN and * Civil Action - Equity MARY B. AUSTIN, Defendants * =` ± C) * TYPE OF PLEADING: * Certificate of Service * * * * FILED ON BEHALF OF: * Plaintiff * * * * * * * * * ATTORNEY FOR PLAINTIFF: * * Benjamin C. Mull, Esquire * Supreme Court I.D. No.: 204132 * 224 South Fourth Street * Philipsburg, PA 16866 * (814)577-8496 ?7, CD CD y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - EQUITY BENJAMIN C. MULL, * No. 09-2684 Plaintiff * vs. * JEFFREY S. AUSTIN and MARY B. AUSTIN, * Defendants CERTIFICATE OF SERVICE I, BENJAMIN C. MULL, Esquire, do hereby certify that I have this day served one (1) Notice of Intention to Enter a Judgment by Default as prescribed by Pa. R.C.P. 237.5 addressed to Defendant MARY B. AUSTIN by regular, first-class mail, postage prepaid and addressed as follows: Mary B. Austin 1144 Redwood Drive Carlisle, PA 17013 Date: J-A arc ? 5 ? o 12, By: ? l Benj C. Mull, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN (: MULL . r r--> Plaintiff * No. 2009-2684 Tom "4, _- ; vs. * Civil Term i? JEFFREY S AUSTIN and * -"= . MARY B.-AUSTIN, * ANSWER BY MARY B. AUSTIN (Pro Se), WITH COUNTER CLAIM TO THE AMENDED COMPLAINT FILED REINSTATED BY THE PLAINTIFF AGAINST HER ON OR ABOUT FEBRUARY 3, 2012. AND NOW, comes the Defendant, Mary B. Austin, to file, pro se, an Answer with Counter Claim, as her response to the Amended Complaint, in Support of which Answer the following statements are made: 1. through 46. Admitted and Denied as stated in the Answer with Counter Claim to Amended Complaint filed by Jeffrey S. Austin, on or about May 27, 2010, which pleading with all exhibits I am incorporating by reference as fully restated. WHEREFORE, I request that the Court deny Plaintiff s requested relief and that it grant me such relief as it deems appropriate. COUNTER CLAIM 47. Pursuant to Paragraph 13 of the lease agreement (Exhibit A to Amended Complaint) Defendant is entitled to $40.31 and an attorney fee of $300 and court costs. WHEREFORE, I request that the Court award me $340.31 plus court costs and such other relief as it deems appropriate. Sincerely, oJr>)^/"l -, ? ` MarAustin 1144 Redwood Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN C. MULL Plaintiff Vs. * * No. 2009-2684 * Civil Term * JEFFREY S. AUSTIN and MARY B. AUSTIN * * AFFIDAVIT OF VERIFICATION I verify that the statements made in the attached Answer With Counter Claim are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 (Unsworn Falsification to Authorities). Date: ?2- Mary B. Austin, Pro Se IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN C. MULL Plaintiff vs. JEFFREY S..AUSTIN and MARY B. Austin * * No. 2009-2684 * Civil Term * * * CERTIFICATE OF SERVICE I, Mary B. Austin, this _74? day of 2012, certify that I have served the following person with a copy of the foregoing Answer with Counterclaim, by first class, United States Mail, postage pre-paid, and addressed as follows: Benjamin C. Mull, Esquire 224 South 4'h Streeet Philpsburg, Pennsylvania 16866 Mary B. Austin, Pro Se 1144 Redwood Drive Carlisle, Pennsylvania 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - EQUITY BENJAMIN C. MULL, 09-2684 * No Plaintiff . * = '' * -0a vs. * ='; * TYPE OF CASE: JEFFREY S. AUSTIN and MARY B. * Civil Action - Equity ...` AUSTIN * `* } , Defendants * cJ 1 k-s * * TYPE OF PLEADING: * Answer to Counterclaim * * * * FILED ON BEHALF OF: * Plaintiff * * COUNSEL OF RECORD FOR THIS * PARTY: * Benjamin C. Mull, Esquire * Supreme Court I.D. No. 204132 * 224 South Fourth Street * Philipsburg PA 16866 * (814) 577-8496 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - EQUITY BENJAMIN C. MULL, * No. 09-2684 Plaintiff * vs. * JEFFREY S. AUSTIN and MARY B. AUSTIN, * Defendants ANSWER TO DEFENDANT'S COUNTERCLAIM AND NOW comes the Plaintiff, BENJAMIN C. MULL, proceeding pro se, and makes the following Answer to the Counterclaim of Defendant Mary B. Austin, and in support thereof avers as follows: 47. Denied. As a writing, the lease agreement speaks for itself and Defendant's claim is a conclusion of law to which no responsive pleading is required. By way of further answer, Paragraph 13 of the lease agreement is unenforceable as detailed in Paragraphs 23 through 27 of Plaintiff's Amended Complaint and the Defendant is not entitled to any payment from Plaintiff, rather Plaintiff is entitled to payment from Defendants as represented in Plaintiff's Amended Complaint. WHEREFORE, Plaintiff requests Defendant's Counterclaim be dismissed. Respectfully submitted, By: GI Benjamin C. Mull, Esquire Pro Se Plaintiff J VERIFICATION I hereby verify that the statements set forth in the foregoing ANSWER TO DEFENDANT'S COUNTERCLAIM are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. r j l? Z° l Z Be ' in C. Mull, Date: AD, i `I Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - EQUITY BENJAMIN C. MULL, Plaintiff vs. JEFFREY S. AUSTIN and MARY B. AUSTIN, Defendants * * No. 09-2684 * * * * * * * CERTIFICATE OF SERVICE I, BENJAMIN C. MULL, Esquire, do hereby certify that I have this day served one (1) copy of an Answer to the Counterclaim of Defendant Mary B. Austin on each of the named Defendants in the above captioned action as prescribed by Pa. R.C.P. 237.5 by regular, first-class mail, postage prepaid and addressed as follows: Mary B. Austin 1144 Redwood Drive Carlisle, PA 17013 Date: Art^d It Lo t-?- Gregory H. Knight 2 Northfield Way Mechanicsburg, PA 17050 By: x ( ' Benj in C. Mull, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - EQUITY ??" Cpl BENJAMIN C. MULL, - * No. 09-2684 Q0. -- Plaintiff * ?-- .- r * °< VS. * y v ?C N C ` ??- JEFFREY S. AUSTIN and MARY B. AUSTIN, Defendants PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Benjamin C. Mull, the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is $1,291.02 plus interest, attorney's fees, and costs of suit. 3. The counterclaim of the defendant in the action is $340.31 plus court costs. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Gregory H. Knight; Harold S. Irwin, III; and Matthew Ridley. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ; 1?1 ? t Chw 1 r Benj n C. Mull, Plaintiff IL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - EQUITY BENJAMIN C. MULL, Plaintiff VS. JEFFREY S. AUSTIN and MARY B. AUSTIN, Defendants * * No. 09-2684 - Civil Term '- * cWr; -C D co * TYPE OF CASE: * Civil Action - Equity C'D * „? c ry * * * TYPE OF PLEADING: * Certificate of Service * * * * FILED ON BEHALF OF: * Plaintiff * * * * * * * * * ATTORNEY FOR PLAINTIFF: * * Benjamin C. Mull, Esquire * Supreme Court I.D. No.: 204132 * 224 South Fourth Street (' 7. * Philipsburg, PA 16866 * (814)577-8496 _-,r . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - EQUITY BENJAMIN C. MULL, Plaintiff VS. JEFFREY S. AUSTIN and MARY B. AUSTIN, Defendants * * No. 09-2684 * * * * * * CERTIFICATE OF SERVICE I, BENJAMIN C. MULL, Esquire, do hereby certify that I have this day served one (1) copy of a Petition to Appoint Arbitrators on each of the named Defendants in the above captioned action as prescribed by Pa. R.C.P. 237.5 by regular, first-class mail, postage prepaid and addressed as follows: Mary B. Austin 1144 Redwood Drive Carlisle, PA 17013 Gregory H. Knight 2 Northfield Way Mechanicsburg, PA 17050 Date: By: Benj in C. Mull, Plaintiff M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - EQUITY BENJAMIN C. MULL, * No. 09-2684 Plaintiff * - * m ? vs. vs rv r JEFFREY S. AUSTIN and MARY B. * < AUSTIN, Defendants ORDER OF COURT AND NOW, 20?? , in consideration of the foregoing petition, cKA.,? >Z("- Esq., Esq., and (? • Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, J. ?C?re?c?; y N /Cn'? ell G ?laintiff ` pct Defendant V In the Court of Common Pleas of Cumberland County, Pennsylvania No. 0 47 -? Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Common?v alth and that we will discharge the duf f our office with fid lity. L /"I- ignature Sign Signature Q-?`?'l ?.? 1'? ?? +? ?-1 is r^2 or Name (Chairman) Name Name Ott Law Firm `2--2-9 3q/ Il/ / 07 t? 25 j 4 n . Address Address Address City, zip city, zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separatel stated.) i2e.?,v,?•d Gwa,?d ? ?1a ? ?n? ? ?n ? ??rnc?v+r?3- c? ? 7q c7. (d.c ,oke na se-&.An 4rfA agc?ct?}- GS C,r 0 vs r Mec s+ OD a&,A-e- car XC(W ( ?- , ZvoZ 41r--.Qn-qA do Ire 61- h e a n ew a.t .Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: Date of Award: Notice of Entry of Award Now, the a/ 3day of , 20 at X M., the above award was entered upon the docket annotice thereof given by mail to the parties or their attorneys. to,4e paid upon appeal: $ /,r/(' ", 7J By: Prothonotary Deputy C??V?Gtc?c.? t S ?? Law Firm Law Firm E ? ew leY' v &Y-e5 0'-7 Y? (!j rjY' fYr'? ?s rya ? 4; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN C. MULL, Plaintiff, V. JEFFER' S. AUSTIN and MARY B. AUSTIN, Defendants. CIVIL DIVISION NO. 2009-2684 PRAECIPE FOR APPEARANCE Filed on Behalf of the Plaintiff Counsel of Record for This Party: Matthew Ridley, Esquire Pa. I.D. #204265 1716 N. 3rd Street Harrisburg, PA 17102 (717) 609-9462 < Y+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN C. MULL, CIVIL DIVISION Plaintiff, V. NO. 2009-2684 JEFFER' S. AUSTIN and MARY B. AUSTIN, Defendants. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Matthew Ridley, Esquire, on behalf of the Plaintiff, Benjamin C. Mull, in the above case. By: Respectfully submitted, //7 i1 Matthew Ridley, Esquire Counsel for Plaintiff I CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been hand-delivered to counsel of record this 21st day of August, 2012 Gregory H. Knight 11 Roadway Drive, Suite B Carlisle, PA 17015 SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: ?zz d Matthew Ridley, Esquire Counsel for Plaintiff