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HomeMy WebLinkAbout09-354960MMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of C l'o be.,10,4W NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. S ?9 C N I' NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. !?/?tce?f _ Hen 1, v T. 6.-v Ae- 1 409 -.3 -O `f I Apo"" A- ADDRESS OF APPEELANT CITY STATE ZIP CODE /'Z/ cam "le, A.N. Me a iesha M 17495S DATE OF JUDGMENT IN THE CASE OF (Pbi tg) ,_ ?" (DsfwxW4* DOCKET No. SW ATURE OF APPELLANT A NEY OR AGENT c v - 0/070 - 09 i'?'9 tsaQ This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. So-*- of h offioWWy - Dep * PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon i0& pA_5ZP?f i , S ZYP*-4 64caman appellee(s), to file a complaint in this appeal q v Name of apWoe(s) (Common Pleas No Q 1 3 within twenty (20) days after service of rule or suffer entry of judgment of non pros. signature of appsawt or atbmey or agent RULE: To 6ftf &4'sxIt 4+ 1' e Jig -emeoow , appellee(s) Name of appeNee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 9 , 20 zc?-Ig! sowwo of or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE (This proof of service A7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served OF APPEAL AND RULE TO FILE°COMPL;AINT ) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made Tift of official My commission expires on 20 6 L7„S C j C Ct rl- c' cr% C1i L4 M L1 Lt- o N l M ?A Signature of alfiant C19MMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA 'relephone: (717 ) 761-8230 17050 ATTORNEY DBF PRIVATE : R M. THOMAS 101 S MARKET ST MECHANICSBURG, PA NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rsBATA BOGOSZ=SSI A JEN SACOHAH 2103 E. COVENTRY LN. SNOLA, PA 17025 L VS. DEFENDANT: NAME and ADDRESS rGROTHE, HENRY J. 121 CAMBRIDGZ DRIVE XZCHANCISBURG, PA 17055 J L J Docket No.: CV-0000120-09 17055-3851 Date Filed: 2/19/09 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) 5/04/09 ® Judgment was entered for: (Name) BEATA ROGOSZENSEI A, JIM SACOM ® Judgment was entered against: (Name) GROTH8, HENRY J. in the amount of $ 3,868.37- D Defendants are jointly and severally liable. Damages will be assessed on Date & Time 7 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 $ 3,737.87 Judgment Costs $ 1 0. Interest on Judgment $ .00 Attorney Fees $- . U0 Total $ 3,868.37 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 JUDGMENTIfRANSCRIPT 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. (Ljy 7& 1 Date Magisterial Die- rict Judge I certify that this is a true an correct com o 77?!9-,Magisteriaf ngs containing'the judgment. Date - District Judge ti My commission expires first Monday of January, 2010 SEAL AOPC 315-07 FILED.- OF TH - TA lpy 2 t9,I 2 it f?• Cutvi- FlLFQ???T? OF TNF pt ., 2019 JUN -9 PM 2: ! 0 CUM5 -. 1. t 4 Yl) o3ut 1 1 FENPvSYLVA?dIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF f i) M )3iEkLA?f/P ; ss AFFIDAVIT' I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas (, , upon the District Justice designated therein on (date of service) :?YVvE 20 ? by personal seg ee by (certified) egis? dLmail, a, R (??L d sender's receipt attached hereto, and upon the appellee, (name) on ?0a? 3 f y 20001 ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS tf A, DAY OF V ti t 20j_. ature of official before whom affidavit was made Title of official / My commission expires on ff4-A(Z-1 20-Z!?-. OMM N TH OF PENNSYLVANIA Notarial Seat JoeBe L. lll060", Notary Public Mederde btxp Boa. Cuff berWW Count lily Commission Expires July 6, 201,',, Signature of affiant COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS ff NOTICE OF APPEAL Judicial District, County Of Cuwt beylir,1W FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. I "^y? Cry. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. He4l V 3". G"a J?" )DRESS OF APPEiLANT /.?/ COMIFICA-io? e Dom. 1TE OF JUDGMENT IN THE CAS 0.5' 0 © &atot x?CET No. cv- w470-0,9 09-3-0 a n?? 6u A i°/QCe- / 7o,SS I rns block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. SOWAN.Of P?otl oMday or MOW If appe9ant was Claimant (see action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Sri ' xComan appellee(s), to file a complaint in this appeal Name of aAwff"(s) (Common Pleas No. 0'? ° 3 9 CY0.1 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. /?? 40 re o/appellant oratnmey aagent RULE: To &04e 03zei4,4! J?1 4?cOrJl0n ,appellees) - Name of appepee(S) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon Vw,& rsonal service or by certified or registered mail. 2)` -1f (2 you don't file a cor aint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. *+??} The4date of service of &s le if service was by mail is the date of the mailing. Ayj T"; slgnaru a ofPma, ry ortiep„ty If U STllO'?L`UDE A,QPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. v .yv u AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE ¦ 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: 4. Restricted 2. Delivery? (Exba Fee) Article Number ? Yes Mransferfrom serwce/abell 7007 2680 0000 2367 7865 P,i Form 3$11, February 2004 - m Dornesdc Return Receipt 102595.02-M.1540 ¦ Complete items 1, 2, and 3. Also complete ltem 4 N 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 mailplece, _ front If space permit. eased to:` j ? 'Ox l Xlf -0 Agent . C. Date of Delivery D. is delivery address dffwd from Item 1? ? Yee If YES, enter delivery address below: ? No 3. Swvke Type 64-09 Nled Mail ? Express Mail ? Registered L'?- etum Receipt for Merchandise ? Insured Mall ? C.O.D. -TA nkle Number 4• Restricted DelNery? (Ewa roe) ? Yes rnSWr?serv?oelabel) 7007 2680 0000 2367 7841 PS Form 3811, February 2004 Domestic Return Receipt 102595-m-M_isk ¦ Complete Items 1, 2, and 3. Also complete . Siena e It" A it Restricted Delivery Is desired. ? Agent Oil Print your name and address on the reverse Q Addiseem so that we can return the card to you. ¦ Attach this card t the back of the mailpiece, B eoeived Panted Name) C. Date of DWM" or on the front If space permits. 1. Article Addressed to: D. Is delivery dNW" f}apyt" ? ? Yes n, H YES, enter deliver a116 s S? No 'C%JL7 Y/lam l?'? { ??C? LI 40 / 3. Service Type ?'q c2f rt'G led Mail ? Express Mail ? Registered IXgetum Receipt for Mercherldise ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2 Article Number Mansferfromservlcelat 7007 2680 0000 2367 7858 PS Form 3811, February 2004 Domestic Return Receipt _---io25s5-02-M-1540 :?. Service Type -?- C?CertiHed Mail ? Mail ? Registered l?Retum Receipt for Merchandise ? Insured Mail ? C.O.D. JENNIFER SACOMAN AND IN THE COURT OF COMMON PLEAS BEATA ROGOSZEWSKI, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA v. : No.: 09-3549 Civil HENRY GROTHE : CIVIL ACTION -LAW Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 JENNIFER SACOMAN AND IN THE COURT OF COMMON PLEAS BEATA ROGOSZEWSKI, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. No.: 09-3549 Civil HENRY GROTHE CIVIL ACTION -LAW Defendant COMPLAINT AND NOW, come the Plaintiffs, Jennifer Sacoman and Beata Rogoszewski, by and through their attorneys, Caldwell & Kearns, and file the within Complaint; and in support thereof aver the following: 1. Plaintiff Jennifer Sacoman ("Plaintiff Sacoman) is an adult individual currently residing at 412 Linden Street, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Plaintiff Beata Rogoszewski ("Plaintiff Rogoszewski") is an adult individual currently residing at 514 Magaro Road, P.O. Box 38, Enola, Cumberland County, Pennsylvania 17025. 3. Defendant Henry Grothe ("Defendant") is an adult individual believed to be currently residing at 121 Cambridge Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. COMMON FACTS 4. On or about November 1, 2007, Defendant leased the premises located at 2103 East Coventry Lane, Enola, Cumberland County, Pennsylvania, ("Property") to Plaintiffs, pursuant a residential lease agreement at a rental rate of $1,800.00 per month. A copy of the lease is attached hereto as "Exhibit A" and incorporated herein by reference. 5. The leased premises included a basement, first floor and second floor. 6. On or about November 1, 2007, Plaintiffs took possession of the Property and duly paid to Defendant the rent for November, 2007 of $1,800.00 and a security deposit of $1,800.00 as called for by the lease. 7. On or about November 10, 2007, at approximately 9:30 a.m., Plaintiff Rogoszewski discovered a plumbing problem on the first floor that resulted in the entire basement flooding. On the aforesaid date at the aforesaid time, Plaintiff Rogoszewski immediately and promptly notified Defendant of the leak and flooding. 9. On the aforesaid date at approximately 3 p.m., Defendant arrived at the property with industrial fans; however Defendant made no other remediation efforts. 10. As a result of the leak and flooding, mold spots began to form on the basement ceiling. 11. Once the flooding was abated, on November 24, 2007, Plaintiff Sacoman moved her personal property into the basement. 12. On or about March 11, 2008, a rain resulted in flooding of the leased premises' basement. 13. On the aforesaid date, Plaintiffs immediately and promptly notified Defendant of the flooding. 14. As a result of the flooding during the aforesaid rain on or about March 11, 2008, Plaintiff Sacoman's personal property suffered water damage, and she was forced to relocate for approximately two (2) weeks.. 15. Approximately two (2) weeks following the flooding on March 11, 2008, Defendant contracted for a professional to shampoo the basement carpet; however, Defendant made no other remediation efforts. 16. In or about April or May, 2008, Plaintiffs noticed a drastic change in color and odor to their drinking water. 17. In or about the aforesaid time, Plaintiffs promptly and immediately notified Defendant of their water quality concerns. 18. In or about the aforesaid time, Defendant indicated that he would contact a professional to investigate the water quality of the property, and informed Plaintiffs for the first time that the property was served by a private, residential drinking water well. 19. On or about May 29, 2008, rain, again, resulted in flooding to the basement of the property. 20. On the aforesaid date, Plaintiffs promptly and immediately notified Defendant of the leakage; however Defendant failed to respond. 21. As a result of the leakage on or about May 29, 2008, the Plaintiffs were required to relocate for approximately one (1) week and Plaintiff Sacoman ceased residence of the basement upon her return to the property. 22. In or about June or July, 2008, a professional tested the water on the property and communicated to Plaintiffs the poor water quality, including high levels of manganese and water hardness. 23. In or about June or July, 2008, the professional who tested the water on the property communicated the results to Defendant; however, Defendant failed to act. 24. As a result of the poor water quality, Plaintiffs experienced flu-like symptoms, various breathing difficulties, and skin irritation. 25. In or about the end of January, 2009, rain resulted in flooding to the basement of the property on January 27, 2009. 26. On the aforesaid date, Plaintiffs promptly and immediately notified Defendant of the leakage; however Defendant failed to respond. 27. On or about January 28, 2009, Plaintiffs provided written notice to Defendant of their intention to cease paying rent until the repeated flooding of the basement was addressed. A true and correct copy of the January 28, 2009 letter to attached hereto as Exhibit "B" and incorporated herein by reference. 28. On or about February 18, 2009, Plaintiffs and Defendant met at the property to discuss the repeated flooding, and to negotiate terms of the lease and payment of rent. No agreement was reached during this meeting. 29. On or about February 23, 2009, Defendant served Plaintiffs with a Notice to Quit. A true and correct copy of the Notice to Quit and accompanying letter are attached hereto as Exhibit "C" and incorporated herein by reference. 30. On or about February 25, 2009, Plaintiffs provided written notice to Defendant that as a result of his failure to remediate the repeated flooding issue, they were terminating the lease and vacating the premises, effective March 31, 2009. A true and correct copy of the February 25, 2009 letter is attached hereto as Exhibit "D" and incorporated herein by reference. 31. On March 31, 2009, Plaintiffs vacated the property. 32. As of the date of filing of the within Complaint, Plaintiffs have not received their security deposit, nor an accounting of such, despite providing Defendant with their forwarding address. COUNT I - BREACH OF EWPLIED WARRANTY OF HABITABILITY Plaintiffs v. Defendant 33. Paragraphs 1 - 32 are incorporated herein by reference as if set forth at length. 34. The doctrine of the implied of warranty of habitability requires a landlord to provide a sanity, safe and fit for habitation environment to a tenant. See generally Pugh v. Holmes, 486 Pa. 272 (1979) 35. The Defendant, landlord, breached the implied warranty of habitability by failing to provide potable water and by failing to remediate the repeated flooding problem. 36. As a result of Defendant's failure to act, Plaintiffs suffered damages as set forth in paragraphs 40(a) - (f), below. 37. On or about January 28, 2009, Plaintiffs notified Defendant in writing of the repeated flooding issues, and requested that the same be repaired at once. A true and correct copy of the January 28, 2009 letter is attached hereto as Exhibit "B" and incorporated herein by reference. 38. At various times between November 1, 2007 and January 28, 2009, Plaintiffs repeated their complaints and requests for repairs to both the flooding problem and water quality issue to Defendant. 39. As of the date of the filing of this action, Defendant has not only failed but affirmatively refused to rectify the above defects. 40. Commencing in November, 2007, after providing notice to Defendant as aforesaid, Plaintiffs made the following partial repairs and replacements to the premises at their own expense, and notified Defendant thereof: (a) Shop-vac rental ($40/day, for 2 days per flood); (b) Damp Rid ($16.95/flood); (c) Rug Doctor Rental ($27.99/day); (d) Resolve carpet shampoo for Rug Doctor ($24/bottle, used 2 bottles per flood); (e) Air freshners for first and second floor to alleviate mold smell ($5.50 each), approximately ten (10) were used; and (f) Hiring a contractor to assist in clean-up ($17/hr), totaling approximately $408.00. 41. By reason of the defective conditions rendering the leased premises unfit for habitation, Plaintiffs are entitled to a percentage reduction of rent in proportion to the reduction of their use and enjoyment of the leased premises, specifically the basement, in the amount of $600.00 per month for the period of November, 2007, until March, 2009, a total of seventeen (17) months; and the poor water quality, in the amount of $300.00 per month for the period of June, 2008, until March, 2009, a total of ten (10) months. WHEREFORE, Plaintiffs Jennifer Sacoman and Beata Rogoszewski respectfully request this Honorable Court to enter judgment in their favor and against Defendant, in an amount not in excess of $50,000.00, including costs, reasonable attorney fees, and any other relief this Court deems necessary and appropriate. COUNT H - BREACH OF CONTRACT Plaintiffs v. Defendant 42. Paragraphs 1 - 41 are incorporated by reference as if set forth at length. 43. Plaintiffs and Defendant entered in a residential lease agreement, attached hereto as Exhibit "A", on November 1, 2007, providing that Plaintiffs had use of the premises, exclusively, per paragraph 6, and that Defendant would be responsible for the major maintenance and repair of the leased premises, per paragraph 16. 44. Defendant was given adequate notice, yet: a. failed to inform Plaintiffs of the property's propensity to flood prior to Plaintiffs' commencement of the lease; b. failed to inform Plaintiffs that the basement portion of the property was uninhabitable as a result of consistent flooding prior to Plaintiffs' commencement of the lease; c. failed to remediate the cause of the flooding to the property prior to Plaintiffs' commencement of the lease; d. failed to respond to Plaintiffs' notification of flooding during each of the four (4) flooding events; e. failed to provide remediation assistance to Plaintiffs during the clean- up phase of each of the four (4) flooding events; f. failed to remediate the cause of the flooding to the property while Plaintiffs resided at the property, therefore deeming a portion of the property uninhabitable; g. failed to remediate the drinking water quality issues on the property prior to Plaintiffs' commencement of the lease; h. failed to inform Plaintiffs in a timely manner that the property was served by a residential drinking water well; i. failed to remediate the drinking water quality issues on the property upon being notified by a professional, contracted by the Defendant, of the results of the water quality tests; j. failed to adequately maintain the well to provide sanitary drinking water to Plaintiffs; and k. failed to return Plaintiffs' security deposit of $1,800.00, or in the alternatively, failing to provide Plaintiffs with an accounting of the security deposit, pursuant to the Landlord and Tenant Act, 68 P.S. § 250.512. 45. As a result of Defendant's failures set forth in paragraph 44(a) - (k), Defendant breached his duties to Plaintiffs pursuant to the residential lease. 46. Plaintiff is entitled to damages set forth above in paragraphs 40(a) - (f) and 41, as well as for: (a) Plaintiffs' lost wages in the approximate amount of $537.18 as a result of required flood remediation; and (b) Plaintiff Sacoman's personal property present in the basement during the flooding, totaling approximately $1,580.00. WHEREFORE, Plaintiffs Jennifer Sacoman and Beata Rogoszewski respectfully request this Honorable Court to enter judgment in their favor and against Defendant, in an amount not in excess of $50,000.00, including costs, reasonable attorney fees, and any other relief this Court deems necessary and appropriate. COUNT III - NEGLIGENCE Plaintiffs v. Defendant 47. Paragraphs 1 - 46 are incorporated by reference as if set forth at length. 48. Defendant owed a duty to Plaintiffs to abide by the Landlord and Tenant Act. 49. Defendant breached his duties owed to Plaintiffs in failing to abide by the Landlord and Tenant Act, which is negligence per se. 50. The breach was solely caused by the negligence, carelessness and recklessness of Defendant. 51. The negligence, carelessness and recklessness of Defendant consisted of, but is not limited to, failing to return Plaintiffs' security deposit of $1,800.00, or in the alternatively, failing to provide Plaintiffs with an accounting of the security deposit within thirty (3) days of termination of the lease or upon Plaintiffs' surrender of the property, pursuant to the Landlord and Tenant Act, 68 P.S. § 250.512. 52. As a direct and proximate result of Defendant's negligence, Plaintiffs have suffered the following damages: (a) Shop-vac rental ($40/day, for 2 days per flood); (b) Damp Rid ($16.95/flood); (c) Rug Doctor Rental ($27.99/day); (d) Resolve carpet shampoo for Rug Doctor ($24/bottle, used 2 bottles per flood); (e) Air freshners for first and second floor due to alleviate mold smell ($5.50 each), approximately ten (10) were used; (f) Hiring a contract to assist in clean-up ($17/hr), totaling approximately $408.00; (g) Plaintiffs' lost wages in the approximate amount of $537.18 as a result of required flood remediation; (h) Plaintiff Sacoman's personal property present in the basement during the flooding, totaling approximately $1,580.00; (i) rent abatement from November, 2007 until March, 2009, seventeen (17) months, totaling $10,200.00 as a result of the partial inhabitability of the property due to the flooding; 0) rent abatement from June, 2008 until March, 2009, ten (10) months, totaling $3,000.00, as a result of the inhabitability of the property due to poor water quality; (k) double the amount of the security deposit of $1,800.00, or $3,600.00, for Defendant's failure to provide Plaintiffs with an accounting of the security deposit within thirty (30) days of termination of the lease, or upon Plaintiffs' surrender of the property, pursuant to the Landlord and Tenant Act, 68 P.S. § 250.512; and (1) pain and suffering. 53. The damages described above in paragraph 52(a) - (1) are in no way attributable to any negligent conduct on the part of Plaintiffs. 54. The damages suffered by Plaintiffs were a direct and proximate result of the negligence of Defendant. WHEREFORE, Plaintiffs Jennifer Sacoman and Beata Rogoszewski respectfully request this Honorable Court to enter judgment in their favor and against Defendant, in an amount not in excess of $50,000.00, including costs, reasonable attorney fees, and any other relief this Court deems necessary and appropriate. Respectfully submitted, CALDWELL & KEARNS Dated: U;V\t ?? 201 By: lNV(J? aren W. Miller, Esquire Attorney I.D. No. 200037 3631 North Front Street Harrisburg, PA 17110 (717)-232-7661 Attorney for the Plaintiffs \1 Residential Lease BY THIS AGREEMENT made and entered into on NCAEMDEV 1 , 2007, between Hen ]. Grothe , herein referred to as Lessor andbEgM N 1 c<? Herein eferred to as Lessee. Lessor leases to Lessee the premises situated at "ZIO'? E, C©VENTtZY L in the city of C WOL-6 , County of , State of Pennsylvania , and more particularly described as follows: together with all appurtenances, for a term of years(s), to commence on OYErVI('?f? 1 ZOOS , at 12 -'CEO Cgn 1. RENT. Lessee agrees to pay, without demand, to Lessor as rent for the demised premises the sum of Dollars ($ 1$Q? ) per month in advance on the day of each calendar month beginning City of State of Pennsylvania or at such other place as Lessor may designate. 2. FORM OF PAYMENT. Lessee agrees to pay rent each month in the form of one cashier's check, OR one money order OR cash. No personal checks will be accepted. Payments are to be made out to Henry 1. Grothe 3. LATE PAYMENTS. For any rent payment not paid by the date due, Lessee shall pay a late fee in the amount of 10% of total rent, Dollars ( . $ ), after the 5cn of the month. 4. SECURITY DEPOSIT. On execution of this lease, Lessee deposits with Lessor NIA Dollars ($ ), receipt of which is acknowledged by Lessor, as security for the faithful performance by Lessee of the terms hereof, to be returned to Lessee, without interest, except where required by law, on the full and faithful performance by him of the provisions hereof. 5. QUIET ENJOYMENT. Lessor covenants that on paying the rent and performing the covenants herein contained, Lessee shall peacefully and quietly have, hold, and enjoy the demised premises for the agreed term. 6. USE OF PREMISES. The demised premises shall be used and occupied by Lessee exclusively as a private single family residence, and neither the premises mor any part thereof shall be used at any time during the term of this lease by Lessee for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family residence. Lessee shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks connected thereto, during the term of this lease. 7. NUMBER OF OCCUPANTS. Lessee agrees that the demised premises shall be occupied by no more than persons, consisting of adults(s) and child(ren) under the age of 18 years, without the written consent of Lessor. 8. CONDITION OF PREMISES. Lessee stipulates that he or she has examined the demised premises, including the grounds and all buildings and improvements, and that they are, at the time of this lease, in good order, repair, and a safe, clean and tenantable conditions. 9. PARKING. Any parking that may be provided is strictly self-park and is at owner's risk..Parking fees are for a license to park only. No bailment or bailee custody is intended. Lessor is not responsible for, nor does Lessor assume and liability for damages caused by fire, theft, casualty or any other cause whatsoever with respect to any vehicle or its contents. Snow removal is the responsibility of the vehicle owner. Any tenant who wishes to rent a parking space or garage must sign a Parking Space or Garage Rental Agreement. 10. ASSIGNMENT AND SUBLETTING. Without the prior written consent of Lessor, Lessee shall not assign this lease, or sublet or grant any concession or license to use the premises or any part thereof. A consent by Lessor to one assignment, subletting, concession or license shall not be deemed to be a consent to any subsequent assignment, subletting, concession, or license. An assignment, subletting, concession, or license without the prior written consent of Lessor, or an assignment or subletting by operation of law, shall be void and shall, at Lessor's option, terminate this lease. 11. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations to the buildings on the demised premises or construct any building or make other improvements on the demised premises without the prior written consent of Lessor. All alterations, changes, and improvements built, constructed, or placed on the demised by Lessee, with the exception of fixtures removable without damage to the premises and movable personal property, shall, unless otherwise provided byeWritten agreement between Lessor and Lessee, be the property of Lessor and remain on the demise premises at the expiration or sooner termination of this lease. 12. DAMAGE TO PREMISES. If the demised premises, or any part thereof, shall be partic ly damaged by fire or other casualty not due to Lessee's negligence or willful act or that of his employee, family, agent, or visitor to the extent that Lessor shall decide not to rebuild or repair, the term of this (ease shall be an abatement of rent corresponding with the time during which, and the extent to which, the leased premises may have been untenantable, but, if the leased premises should be damaged other than by Lessee's negligence or willful act or that of his employee, family, agent, or visitor to the extent that Lessor shall decide not to rebuild or repair, the term of this lease shall end and the rent shall be prorated up to the time of the damage. 13. DANGEROUS MATERIALS. Lessee shall not keep or have on the leased premises any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on the leased premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 14. UTILITIES. Lessee shall be responsible for arranging for and payinf for all utility services required on the premises, except that garbage and sewer shall be provided by Lessor. 15. RIGHT OF INSPECTION. Lessor and his agents shall have the right at all reasonable times during the term of this lease and any renewal thereof to enter the demised premised for the purpose of inspecting the premises and all building and improvements thereon. 16. MAINTENANCE AND REPAIR. Lessee will, at his sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this )ease and any renewal thereof. In particular, Lessee shall keep the fixtures in the house or on or about the leased premises in good order and repair; keep the electric bills in order; keep the walks free from dirt and debris; and , at his sole expense, shall make all required repairs to the plumbing, range, heating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance and repair of the leased premises, not due to Lessee's misuse, waste or neglect or that of his employee, family, agent, or visitor, shall be the responsibility of Lessor or his assigns. Lessee agrees that no signs shall be placed or painting done on or about the leased premises by Lessee or at his direction without the prior written consent of Lessor. 17. PAINTING. Lessor reserves the right to determine when the dwelling will be painted unless ther is any law to the contrary. 18. PETS. Pets shall not be allowed without the prior acknowledgment of Lessor. No large dogs or multiple amounts of animals shall be permitted. Any Lessee who wishes to keep a pet in the rented unit must sign a Pet Agreement Addendum. (see attached) $100.00 Deposit for Pets. 19. RULES AND REGULATIONS. Lessor's existing rules and regulations, if any shall be signed by Lessee, attached to this agreement and incorporated into it. (see attached addendum) Lessor may adopt other rules and regulations at a later time provided that he or she have a legitimate purpose, not modify Lessee's right substantially and not become effective without notice of at least (2) weeks. 20. SUBORDINATION OF LEASE. This lease and Lessee's leasehold interest hereunder are and shall be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the demised premises by Lessor, all advances made under any such liens or encumbrances, the interest payable on any and all renewals or extensions of such liens or encumbrances. 21. HOLDOVER BY LESSEE. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month-to-month tenancy shall be created between Lessor and Lessee, which shall be subject to all the terms and conditions hereof but shall be terminated on 30 days' written notice served by either Lessor or Lessee on the other party. 22. NOTICE OF INTENT TO VACATE. (This paragraph applies only when this Agreement f or has become a month-to-month Agreement.) Lessor shall advise Lessee of any changes in terms of tenancy with advance notice of at least 30 days. Changes may include notices of termination, rent adjustments or other reasonable changes in the terms of this Agreement. 23. SURRENDER OF PREMISES. At the expiration of the lease term, Lessee shall quit and surrender the premises hereby demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the elements excepted. 24. DEFAULT. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any other term or condition hereof, the lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may re-enter the premises and remove all persons therefrom. Lessee shall be given written notice of any default or breach, and termination and forfeiture of the lease shall not result if, within days of receipt of such notice, Lessee has corrected the default or breach or has taken action reasonable likely to effect such correction within a reasonable time. 25. ABANDONMENT. If at any time during the term of this lease Lessee abandons the demised premises or any part thereof, Lessor may, at his or her option, enter the demised premises by any means without being liable for any prosecution therefore, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at his or her discretion, as agent for Lessee, re-let the demised premises, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such re-letting, and, at Lessor's option, hold Lessee liable for any difference between the rent that would have been payable under this lease during the balance of the unexpired term, if this lease had continued in force, and the net rent for such period realized by Lessor by means of such re-letting if Lessor's right of re-entry is exercised following abandonment of the premised by Lessee, then Lessor may consider any personal property belonging to Lessee and left on the premises to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for doing so. 26. BINDING EFFECT. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all conenants are to be construed as conditions of this lease. 27. RADON GAS DISCLOSURE. As required by law, Lessor makes the following disclosure: ' Radon Gas is a naturally occurring radioactive gas that, when it has accumulated in sufficient quantities, any present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in every state. Additional information regarding radon and radon testing may be obtained from your county public health unit." 28. LEAD PAINT DISCLOSURE. As required by law, Lessor makes the following disclosure: Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed property. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention." 29. SEVERABILITY. If any portion of this lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that an provision of this lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, constured and enforced as so limited. 30. INSURANCE. Lessor has obtained insurance to cover fire damage to the building itself and liability insurance to cover certain personal injuries occurring as a result of property defects or Lessor's negligence. Lessor's insurance does not cover Lessee's possessions or Lessee's negligence. Unless the pot-out clause below is initialed by both Lessee and Lessor, Lessee must obtain a renter's insurance policy to cover damage or loss of personal possessions as will as losses resulting from Lessee's negligence. 31. OPT-OUT CLAUSE: Lessee and Lessor must both initial and date here if the requirement that Lessee obtain renter's insurance is waived. If the requirement is waived, Lessee will not be required to obtain renter's insurance. Lessor's insurance policy does not cover damages or loss of Lessee's personal possessions as well as losses resulting from Lessee's negligence. OTHER TERMS: SEE ATTACHED ADDENDUM LESSEE DATE: LESSOR HENRY 3. GROTHE DATE: NOTICE: State law establishes right and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act or the applicable Landlord Tenant Statute or code of your state. If you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person. NOTICE: Contact your local county real estate board for additional forms that may be required to meet your specific needs. 1?1 Q? January 28, 2009 Jennifer Sacoman Beata Rogoszewski 2103 E. Coventry Ln. Enola, PA 17025 717-215-6465 717-364-8054 Dear Henry Grothe, This is to inform you that our basement has flooded once again. As you know this is the third time this has happened to us since we have resided at this address. We took it upon ourselves to clean up the mess as we did the two previous times before. This unresolved issue needs to be addressed immediately. We have given you opportunity at every instance to remedy this problem with little to no response from you. There are several other issues that need addressed as well such as: proper maintainance of the well, which is your resonsibility as our landlord. We had a representative from Culligan Water come in and test our water and he informed us that it was unsafe to drink, which in itself is a major health issue. Other health issues that the residents have experienced are skin irritations (rashes, extremely dry skin) which we attribute to the poor water quality. As paying tenants we have a right to expect you as our landlord to provide us with these basic necessities and by law you are obligated. Another health issue that has arisen as a direct result from the flooding and neglect on your part, is the colonization of severe mold on the. ceiling and in other areas. The tenants have experienced problems breathing and 'flu-like symptoms, which we also attribute to the mold growth in our basement. We would like this remedied immediately. Both of the downstairs tenants, Jennifer and Ashley, had to relocate due to the unhealthy living conditions. We are not sure if you are aware or not of the fact that we hand-delivered a rent check to you for the month of January 2009, which to this date has not yet been cashed or deposited to your account. We felt it was in our best interest to put a stop payment on this check because we were concerned that the check was lost or stolen and had not heard from you and it has been nearly thirty days. However, in light of the circumstances described above, we have decided to cease payment to you until all of these health issues have been addressed and we are considering taking legal action if you should continue to neglect your responsibilities in these matters. It is our wish to that we can resolve this matter without taking such extreme measures, however we are at our wit's end and we feel we are forced to take this position. We are looking forward to your response. 4n?e ely,r man and Beata Rogoszewski \? C--." NOTICE TO QUIT TO: Beata Rogoszewski and Jen Sacoman 2103 East Coventry Lane Enola, PA 17025 DUE TO YOUR FAILURE TO PAY RENT WHEN DUE, YOU ARE HEREBY GIVEN NOTICE TO QUIT AND VACATE THE PREMISES AT 2103 EAST COVENTRY LANE, ENOLA, PENNSYLVANIA, ON OR BEFORE MARCH 6, 2009. THIS NOTICE IS BEING POSTED ON FEBRUARY 93 , 2009. YOU WERE PREVIOUSLY NOTIFIED THAT YOU WERE IN DEFAULT FOR FAILURE TO PAY YOUR RENT. CURRENTLY, YOU. OWE RENT WHICH WAS DUE ON JANUARY 1, 2009, IN THE AMOUNT OF $1,800.00, AND RENT WHICH WAS DUE ON FEBRUARY 1, 2009, IN THE AMOUNT OF $1,800.00, FOR A TOTAL AMOUNT OF RENT DUE AND OWING OF $3,600.00. YOU HAVE UNTIL MARCH 6, 2009, TO PAY THE BACK RENT. IF YOU FAIL TO PAY ALL OF THIS RENT IN FULL BY MARCH 6, 2009, YOU ARE HEREBY NOTIFIED THAT YOU MUST VACATE THE PREMISES BY 11:59 P.M., ON MARCH 6, 2009. THIS NOTICE IS BEING PROVIDED TO YOU PURSUANT TO THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA. SHOULD YOU FAIL TO VACATE THE PREMISES ON OR BEFORE 11:59 P.M. ON MARCH 6, 2009, AN ACTION FOR POSSESSION OF THE PREMISES AND RENT DUE AND OWING WILL BE BROUGHT AGAINST YOU AND THE LANDLORD WILL SEEK COURT COSTS. SIGNED AND POSTED ON: DATED: 2 I oZ 30?00?' SIGNATURE: L OR AGENT R. MARK THOMAS . Attorney at Law 101 South Market Street Mechanicsburg, Pennsylvania 17055-3851 Telephone: (717) 796-2100 Telefax: (717) 796-3600 February 23, 2009 Beata Rogoszewski and Jen Sacoman 2103 East Coventry Lane Enola, PA 17025 Re: Notice of Termination of Lease Dear Ms. Rogoszewski and Ms. Sacoman: Please be advised that this office represents Henry J. Grothe, the owner and landlord of the leasehold premises where you live at 2103 East Coventry Lane, Enola, Pennsylvania. Under the terms of the lease, monthly rent is $1,800.00 per month and you have failed to make payment for January 2009 and February 2009. The balance now due is $3,600.00. Rent for March 2009 is expected to be paid on time in the additional amount of $1,800.00. Under the terms of the lease, the lease had a term of one (1) year which has expired and was then to be followed on a month-to-month basis subject to termination by either party upon sixty (60) days written notice. Please be advised that this letter represents the sixty (60) day notice of termination of this lease. Under the terms of this notice, you are expected to vacate and surrender the premises to Mr. Grothe on or before April 30, 2009. In the meantime, Mr. Grothe has certain rights due to your failure to pay rent. A Notice to Quit has been posted on your door. The Notice to Quit gives you ten (10) days within which to pay the rent which is currently due. If you fail to pay rent on or before the date set forth in the Notice to Quit, Mr. Grothe will proceed with eviction proceedings prior to the expiration of this sixty (60) day notice to terminate. -2- Mr. Grothe has advised me that there are some relatively minor repairs which he intends to make to the premises. These repairs include fixing a small leak in one of the bathrooms which may have caused a minor amount of mold to have developed. Mr. Grothe will eliminate the leak and the mold. In addition, when it rains heavily, some water enters the room located just below the garage. Mr. Grothe is willing to make repairs to eliminate water leakage into that room during periods of heavy rains. The repairs will be completed on or before March 6, 2009. Please make the premises available for Mr. Grothe to complete these repairs during normal business hours. Again, to make sure there is no confusion, Mr. Grothe's intent by this letter is to give you notice of termination of the lease effective April 30, 2009. However, if rent is not paid current pursuant to the ten (10) day notice which has been posted on your door, Mr. Grothe will not wait until April 30, 2009, but rather will start eviction proceedings upon the expiration of the ten (10) day notice. Very truly yours, R. Mark Thomas RMT/jlm cc: Henry J. Grothe i I Fr Yk? ? 5cN`r V(,4 A-t February 25, 2009 Dear Henry Grothe, Judging from the lack of maintenance that has occurred since our last correspondence (letter sent January 31, 2009) and meeting last Wednesday February 18, 2009, we have decided to vacate the premises as soon as possible. As stated verbatim in our lease: "Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, anew month-to-month tenancy shall be created between Lessor and Lessee, which shall be subject to all the terms and conditions hereof but shall be terminated on 30 days' written notice served by either Lessor or Lessee on the other party." Since our lease naturally expired upon completion of the 12-month cycle in November 2008, the new month-to-month tenancy requires us to give you 30 days' written notice. Please accept this letter as our written notice. As of March 1, 2009 our 30 days notice will begin and conclude March 31, 2009 at 11:59 pm. Please be advised that we will vacate the property at that time, if not sooner. Also, please take into account that we will leave the premises in the exact condition we found it in, minus reasonable use and wear thereof by the elements expected, therefore we will be looking forward to receiving our deposit of $1,800 after your inspect the premises and no more than thirty (30) days has passed. Thank you for your attention in this matter. cerely, Beata Rogoszewski and Jennifer Sacoman VERIFICATION I verify that the averments in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unworn falsification to authorities. By: J- VM-ffler S man VERIFICATION I verify that the averments in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unworn falsification to authorities. By: R gosze ki CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this W?A day of 2009, on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 CALDWELL & KEARNS By: 09248-001/149797 R LF 17 _; - ,~ ~ , JENNIFER SACOMAN AND BEATA ROGOSZEWSKI, Plaintiffs v. HENRY GROTHE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ~ :PENNSYLVANIA ~ m~ ~ No. 09-3549 Civil z:z? ~ r- -c ~ -,R • -C<:` W CIVIL ACTION -LAW ,~~ ~ ; ~; ~~ , ~ ~ o DEFENDANT'S RESPONSE TO PLAINTIFFS' ^' MOTION TO COMPEL AND NOW, comes the Defendant, HENRY GROTHE, by and through his counsel, R. Mark Thomas, Esquire, and files the Response to the Plaintiffs' Motion to Compel: 1. Admitted, although the Defendant denies any liability for these damages. 2. Admitted. 3. Admitted. 4. Admitted. By way of further answer, counsel for the Defendant was unable to locate the Defendant. It was later learned that the Defendant had been in the hospital for an extended period of time. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. It took the Defendant time to locate these items. 11. Admitted. By cover letter dated May 12, 2010, the additional items of discovery have been provided to the Plaintiffs 12. Admitted. See response to number 11. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted that Plaintiff should be permitted to complete discovery. In fact, Defendant has responded to the additional discovery request. 18. Admitted. 19. Admitted. 20. Admitted. WHEREFORE, Defendant, HENRY GROTHE, having provided the discovery requested by Plaintiffs, the Defendant prays that this Honorable Court will take no further actions with regard to this matter. Respectfully submi ed, ~~~ ~~~ R. Mark Thomas, Esquire Attorney No. 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: 717-796-2100 Attorney for Defendant i CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a true and correct copy of the within document on the following person by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, First Class Postage pre-paid, addressed to: Douglas M. Oberholser, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Date: May /3 , 2010 4~ti~'~l-~!Q R. Mark Thomas, Esquire : r Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. L1_ 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiffs Jennifer Sacoman and Beata Roeoszewski JENNIFER SACOMAN AND IN THE COURT OF COMMON PLEAS BEATA ROGOSZEWSKI, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : No. 09-3549 Civil V. HENRY GROTHE, Defendant CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiffs certify that: A Notice of Intent to Serve Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; 2. A copy of the Notice of Intent to Serve Subpoena, including the proposed subpoena, is attached to this certificate; 3. Opposing counsel has waived the twenty day waiting period; and 4. The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to Serve Subpoena. Date: &ul B P.? Karen W. Miller, Esquire I.D. No. 200037 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 09248-001/169495 Karen W. Miller, 1.-?,squire Attorney I.D. No. 200037 Caldwell 8 Kearns, P.C. 3631 North Front Street I larnsbw'g, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiffs, Jennifer Sacoman and Beata Ro,,oszewsld JENNIFER SACOMAN AND 13EATA ROGOSZEWSKI, Plaintiffs V. HENRY GROTHE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-3549 Civil CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055-3851 Plaintiffs intend to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted, CALDWELL & KEARNS By: Karen W. Miller, Esquire I.D. No. 200037 3631 North Front Street hall tSblll'g, PA 171 , v (717) 232-7661 Date: 1 E 1 Attorney l.or P,aailltills ) t 09245-0011/169495 CO1\4MON\VEAILTFI OF PENNSYI_.VANIA COUNTY OF CUMBERLAND IENN1FERSnC:OMAN AND "I FIATA R0G0SZEWSK1, VS. HENRY GROfI HE, File No, 09-3549 Civil Dc SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 7-0: JOHN FEICHTEL, ESQUIRE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All non-attorney/client privileges( information regarding 2103 East Coventry Lane, Enola, Pennsylvania 17025, including pleadings from the D.J. action, reports regarding water damage, mold and/or remediation measures, photographs, writt n/recorded statements, etc., in your possession. at Caldwell & Keams, 3631 North Front Street, Harrisburg, PA 17110 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA vdASISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Karen W. Miller, Esquire ADDRESS: 3631 North neat Sncd Harrisburg, PA 17110-1533 TELEPFIONE: (717)232-7661 SUPREME COURT ID # 2000-17 ATTORNEY FOR: I>laintirrs BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy Karen W. h Diller, Esquire Attorney I.D, No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 171 10 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiffs Ienni.fer Sacoman and Beata Ro-yoszewski JENNIFER SACOMAN AND IN THE COURT OF COTVMON PLEAS BEATA ROGOSZF_,WSKI CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 09-3549 Civil CIVIL ACTION - LAW HENRY GRO i I IE, Defendant CERTIFICATE OF SERVICE AND NOW this _t day of October, 2010 I hereby certify that I have served a copy of the foregoing Notice of Intent to Servea Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: R. Marls Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055-3851 09248-0011169495 Karen W. Miller, Esquire Attorney I.D No. 200037 Caldwell & :Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiffs, Jennifer Sacoman and Beata Rogoszewski JENNIFER SACOMAN AND IN THE COURT OF COMMON PLEAS BEATA ROGOSZEWSKI, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 09-3549 Civil V. CIVIL ACTION -LAW HENRY GROTHE, Defendant CERTIFICATE OF SERVICE AND NOW this ?I I day of A ®Uton6Ai_., 2010, I hereby certify that I have served a copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 and Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055-3851 By- 0,9248-001/169495 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SACOMAN AND BEATA ROGOSZEWSKI 09-3549 Civil Plaintiff NO. 0 ?a t:t x? VS. fZ ro ? C -<2> CO ) , HENRY GROTHE ?CJ °rt Defendant xO 6C-3 - AC N -tr RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially inIhe Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Karen W. Miller, Esquire, Caldwell & Kearns, P.C. , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim offplaiinntiiff in the action is $ 2-0,183.90 plus interest and costs, ? an ?xt ? be CU not ENmed $ d ?e oun erc aTim of the e n an mie c tlOnfffissd SL[EfErM' bO 5O'OOO'00' The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Karen W. Miller, Esq., counsel for Plaintiffs; R. Mark Thomas, Esq., counsel for Defendant; John A. Feichtel, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to $aN 00 f d a whom the case shall be submitted. ?,t 1oei3a ??as L so s Respectfully submitted, ORDER OF COURT AND NOW, , 200 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, Kevin A. Hess, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SACOMAN AND BEATA ROGOSZEWSKI HENRY GROTHE RULE 1312-1 Plaintiff NO. 09-3549 Civil , a0 =rn Vs. Z "'Ca Defendant C) 3_ c The Petition for Appointment of Arbitrators shall be substantially intt* C Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Karen W. Miller, Esquire, Caldwell & Kearns, P.C. , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. C o M 2. The claim of plaintiff in the action is $ 2-0,183.90 plus interest and costs ? an ? bD be The ou lerc aim o tIie e n an tn%e NORM ia-d s ???? not ? emeed $50,0W.00. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Karen W. Miller, Esq., counsel for Plaintiffs; R. Mark Thomas, Esq., counsel for Defendant; John A. Feichtel, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to 'SaO4 00 whom the case shall be submitted. 0w a 3Pd 4 Ck s L go S Respectfully submitted, ORDER OF COURT AND NOW. - , 200 , in consideration of the foregoing petition, Esq., and Esq., and On 4A Esq., are appointed arbitrators in th bA?! -?c captioned action (or actions) as prayed for. _ g x? ? .? r=rtFF xx? ' -VM M By the Cou -< C= C-34o - rI ) ? may, I. ?a L evin A. Hess, P.J.yC., Cop, eS m a, l fd X1141 u Z-en n rfir -S2qCVMe1 ?1 t ova fg ?o96s2 vS,?r Plaintifs ??nr•y G???e Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 69 - 3S 4/ Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United Sta s and the Constitution of this Commonwealth and that we will discharge the duties of our office w' h lity. Si ure ignature t Signature L, ko ?J l Name e (Chairman) ?- el?i T66Ink /,l Law irm -&r/ D 7r"1d 6 dal Address slk?- IUu 'UC` W?(o Name Law Firm KeL I zr "Ire Name 1ihw 041t., s -,4 1h?c?s..) w??e Law Firm i,Z4,7X?A EI?Stl jNN U 3 7 C, PunXrai 4- Address ? ( Address C , LA I7,01) WLU' ?, ?R 1-1015 C&A(i)c 1-7013 City, Zip City, Zip city, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: Ifages fQr delay arp awarded, they shall be separately stated.) U,?-7 h/J 6V?`-f CX,c,?® ?? ??oZ . ? l h ?g 1/y/ ? ?'/GI ? ???? a?.,? 4Pe??- -?_ Arbitrator, dissents. (Insert name if applicable Date of Hearing: S1-2-V/7 0 /1 Date of Award: S- 2,y/ T, It ?. 0 1 Notice of Entry of Award s-Avh Now, the 2 rA day of , 201 , at •S- , k.M., the above award was -n Lj entered upon the docket and notice ther of given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal C?V SD U?'? LL. Prothonotary $ -00/??/ By: 61 Deputy (Chairman) _ qll 5 ?? Or T? OFFIC, ! Alf 4. SS CUt'SERL.4R0 x PFAWSrt ,t OUjjT 49 S= LED-Oi"FICE 1,1E ^ - OTNONOTAR`t Karen W. Miller, Esquire Attorney I.D. No. 200037 aE JUL -6 Pm 1: 05 Caldwell & Kearns, P.C. 3631 North Front Street :"tilt LIERLAND COUNTY Harrisburg, PA 17110 REN'NSYLVANlA (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiffs, Jennifer Sacoman and Beata Rogoszewski JENNIFER SACOMAN AND IN THE COURT OF COMMON PLEAS BEATA ROGOSZEWSKI, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. : No.: 09-3549 Civil HENRY GROTHE : CIVIL ACTION - LAW Defendant PRAECIPE FOR ENTRY OF JUDGMENT OF AWARD OF ARBITRATORS TO THE PROTHONOTARY: Please enter the Arbitration Award for Plaintiffs, Jennifer Sacoman and Beata Rogoszewski, in the net amount of Eight Thousand Sixty-Two Dollars and Eighty Cents ($8,062.80), according to the Report and Award of Arbitrators dated May 27, 2011. A copy of the Report and Award of Arbitrators is attached hereto as Exhibit "A". 4CA ELL& KEARNS, P.C. Dated: June 30, 2011 . Miller, Esquire Attorney I.D. #200037 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorneys for Jennifer Sacoman and Beata Rogoszewski zrl- a? ?a 8 ??t cQ vv ctI ?-ed R ' ?1 ? 1 i ?? ? (' ?C fl'y'; u? ?1-.?' Plaintifs l?•Pylr^? ????e Defendant Name We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United Sta s and the Constitution of this Commonwealth and that we will discharge the duties of our office w' h lity. l Si ture ignature f Signature Name (Chairman) fimlr- re//i Law irm 3r/ 0, 7r,??c?? Address Law Firm MitL 1 37 "-nre Name Lhv+ 041 (,,1 -:r ?1tt1~,.1 W?wre Law Firm f ? Address i Address In The Court of Common Pleas of Cumberland County, Pennsylvania No. 6q - 3s-,/ y Civil Action - Law. Oath 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 d mages f r dela ar awarded, they shall be separately stated.) - ---n -?q V IV Z? >D%r ? ? -? / y? 1, 7r J ?_ 3 7 . n A ('b s4 J G'-tl S vi4 a,, J ) n - a i jzi / 6t k7 h J J ) lY? st Ahe4 f?`?' fir, 1 % >7 C? u11 ///(3 ?iDt?lr Date of Hearing: S 2y b 0 i I Date of Award: S? U . Arbitrator, dissents. (Insert name if applicable. (Chairman) 5/ ?/? Notice of Entry of Award Now, the -n_ day of -MCI U , 20at, g.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. O? TRUE COPY FROM RECORD Arbitrators' compensation to be paid upon appeal: $_.350 M Testimony whereof, I here unto set my ha and tie "W of said Court at Carlisle, Pa. This days 20 Or Prothono ?1VSD? l1'ELL By: A /,An Prothonotary Deputy CERTIFICATE OF SERVICE AND NOW, this 36-A day of June, 2011, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 CALDWELL & KEARNS By: )6? 0 09248-001/178875