HomeMy WebLinkAbout09-5563IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
DOUGLAS L. ZOOK,
480 Running Pump Road
Lancaster, PA 17601
§ CAUSE NUMBER
G'9 -SS?a3 L.c?.u-r
Plaintiff,
v
RALPH KLINGER, JR.
15 Fargreen Road
Camp Hill, PA 17070
and
Mary L. Klinger
15 Fargreen Road
Camp Hill, PA 17070
Defendants.
ORIGINAL
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you niust take action within twenty (20) days after the complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so the
case may proceed without you and a judgment may be entered against you by the court without further
notice for any money claimed in t he 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 TAKETHIS 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 GO TO GET LEGAL HELP.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
Cumberland County Bar Association
Lawyer Referral Service
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-2663
AVISO
Le han demandado a usted in la corte. Si usted quiere defenderse de estas demandas expuestas en las
paginas signientes, usted tiene viente (20) dis de plazo al partir de la fecha de la demanda y la
notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la
corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea
avisado que si usted no se defiende, la corte tomara medidas y puede decidir a favor del demandante y
requiere que usted cumpla con todas las provisionesde esta demanda. Usted puede perder dinero o sus
propiedades o otros direchos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIAMENTE, SI NO TIENE ABOGADO O
SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA
O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSIGUIR ASISTENCIA
LEGAL.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
Cumberland County Bar Association
Lawyer Referral Service
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-2663
Page 2 of 7.
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
DOUGLAS L. ZOOK, §
480 Running Pump Road §
Lancaster, PA 17601 §
Plaintiff, §
V. §
RALPH KLINGER, JR. §
15 Fargreen Road §
Camp Hill, PA 17070 §
and §
Mary L. Klinger §
15 Fargreen Road §
Camp Hill, PA 17070 §
§
Defendants. §
CAUSE NUMBER: p y - .5S 3 U44^t T
COMPLAINT
NOW COMES Douglas L. Zook, by and through his attorney, Michael Volk and respectfully shows
this Honorable Court the following:
1. Douglas L. Zook (hereafter "Plaintiff") is an individual doing business at 480 Running Pump
Road, Lancaster, Lancaster County, Pennsylvania 17601.
2. Ralph Klinger, Jr. (hereafter "Defendant Ralph Klinger") is an individual residing at 15
Fargreen Road, Camp Hill, Cumberland County, Pennsylvania 17070. Service of Process may
be had on Defendant Ralph Klinger at this address.
3. Mary L. Klinger (hereafter "Defendant Mary Klinger") is an individual residing at15 Fargreen
Road, Camp Hill, Cumberland County, Pennsylvania 17070. Service of Process may be had on
Defendant Mary Klinger at this address.
4. Plaintiff is referred to in the contract as "Owner".
5. Defendants Ralph Klinger and Mary Klinger are variously referred to in the agreement as
"LPers"
6. On or about 19 August 2006, Plaintiff and Defendants entered into a contract to lease with an
option to purchase a house located at 516 Second Street, West Fairview, Cumberland County,
Pennsylvania 17025. A copy of that agreement is hereby incorporated by reference and is
attached to this Complaint as "Exhibit 1".
7. The terns of the lease began on 1 September 2006 and was to end on 31 December 2012, unless
Page 3 of 7.
the purchase option was exercised before the end date.
The fair rental value of the dwelling is the monthly rent reserved and agreed to under the terms
if the agreement between Plaintiff and Defendants.
9. As more fully set-forth below, the agreement obligates Defendants to, among other things, 1.)
pay Plaintiff rent in the amount of $1,396.69, payable on the first day of each month, 2.) pay
for all utility service, including sewer and trash expenses and 3.) to maintain the property.
10. Defendants defaulted on their lease obligations and moved from the dwelling on or about
September 2007.
11. Plaintiff regained possession of the dwelling on or about 3 September 2007.
12. As set forth in greater detail below, default by Defendants has damaged Plaintiff.
13. A copy of the Statement showing damages due to default by Defendants is attached as
""Exhibit 2".
1. LOSS OF RENTAL INCOME DUE TO DEFAULT BY DEFENDANTS
14. Plaintiff hereby incorporates paragraphs 1 through 13 of this Complaint as if set forth at length
herein.
15. Paragraph 13 of the Agreement by and between Plaintiff and Defendants, titled "DEFAULT"
states "It shall be a non-curable default under this agreement if you fail to (1) pay the full LP
payment or any other payment required by this agreement when due, or: (2) perform any duty,
obligation, or fulfill any responsibility required of you by this agreement within 3 days verbal
or written notice of any such default. In the event of any default, the owner, at his sole option,
may terminate all your rights under this agreement, unless you, within the said three days shall
cure the Default (this cure period applies only in the event of a default for a reason other than
non-payment of the LP payment; there is no notice required and no cure period for a default
resulting from non-payment or late payment of the LP payment). If you abandon and recover
from Lper all damages incurred by reason of your breach of this lease, including the cost of
recovering the premises and the value of the LP payment for the balance of the remaining term
of the lease..."
16. Paragraph 13 states " In the event of a default by you lasting more than 3 days, Owner may
elect to (a) continue the lease in effect and immediately accelerate all payments due along with
costs and fees provided herein, (without the right to purchase) and enforce all rights and
remedies belonging to Owner under this agreement, including the right to recover the LP
payment as it becomes due, or (b) at any time, terminate all your rights under this agreement
and recover from Lper all damages incurred by reason of your breach of this lease, including
the cost of recovering the premises and the value of the LP payment for the balance of the
remaining term of the lease...".
17. Plaintiff suffered damages in the form of lost rental income from the date of Defendants'
departure from the dwelling through 1 May 2007, when another tenant moved into the dwelling.
Page 4 of 7.
18. The period of non-occupancy caused Plaintiff lost rent proceeds in the mount of $9,776.83.
19. Due to the existence of the agreement and the terms shown above, Plaintiff is entitled to
compensation for the rental income lost due to Defendants' breach of the agreement.
20. Paragraph 2, styled "MONTHLY PAYMENT", states in part that " The LP payment includes
$170 as payment towards taxes and insurance."
21. Plaintiff maintained a separate accounting for real estate taxes and insurance due for the
dwelling. A positive balance of $878.47 had accumulated in the account at the time of
Defendants' default. This balance has been applied to the amount due by Defendants to
Plaintiff.
22. Any and all other credits have been applied to Defendants' balance owed.
23. Defendants have refused to pay the balance due and continue to do so.
24. Plaintiff has been damaged by Defendants' failure to complete the lease term in an amount of at
least $8,898.36.
II. DAMAGES TO DWELLING BY DEFENDANTS
25. Plaintiff hereby incorporates paragraphs 1 through 24 of this Complaint as if set forth at length
herein.
26. The agreement by and between the parties contains several terms where Defendants agreed to
maintain the property as set-forth more specifically below.
27. Section 8A of the agreement contains a paragraph which states, "You, at your own expense,
must at all times maintain the premises in a clean and sanitary condition including all
equipment, appliances, furniture in the premises and turn it all back over to Owner, at the end of
the lease period, if you do not exercise your option to purchase, in as good condition as
received, except for normal wear and tear..."
28. Section 8A of the agreement contains an additional paragraph which states "You must also
maintain all facilities, mechanicals, wiring, roofing, decks and other features of the home in
good working order or appearance.
29. Section 8A of the agreement contains an additional paragraph on page 3 which states "You
must pay all the costs of maintaining the premises the same as if you actually owned the
property without the benefit of the LP structure".
30. Paragraph 9, titled "DAMAGES FOR NEGLIGENCE:" states "You are responsible for
damages caused by your negligence and that of your family or anyone you invite to the
premises, including any guests".
31. Due to the existence of the contract, Defendants are responsible for the damage done to the
Page 5 of 7.
property.
32. Defendants breached their duty to maintain the property as set forth in the contract and as such,
are responsible for the costs of repairing any damage to the property..
33. Due to the existence of the agreement and the terms shown above, Plaintiff is entitled to
compensation for the damage done to the property and the costs of making necessary repairs.
34. Plaintiff has been damaged by Defendants' failure to maintain the property in an amount of at
least $1,302.67.
III. NONPAYMENT OF UTILITY CHARGES BY DEFENDANTS
35. Plaintiff hereby incorporates paragraphs 1 through 34 of this Complaint as if set forth at length
herein.
36. Paragraph 3 of the Agreement by and between Plaintiff and Defendants, titled "UTILITIES"
states "You are responsible for the payment of all utilities and trash and other services related to
the premises".
37. Defendants moved from the dwelling leaving unpaid utilities in the amount of $771.47 which
Plaintiff was forced to pay.
38. Due to the existence of the agreement and the terms shown above, Plaintiff is entitled to
compensation for Defendants' failure to pay utility charges, which Plaintiff was forced to pay.
39. Plaintiff has been damaged by Defendants' failure to pay the utility bills for the dwelling in an
amount of at least $771.47.
IV. ATTORNEY FEES AND COSTS
40. Plaintiff hereby incorporates paragraphs 1 through 39 of this Complaint as if set forth at length
herein.
41. Paragraph 21 of the Agreement by and between Plaintiff and Defendants, titled "ATTORNEY
FEES AND COSTS", stats as follows: "In any action or proceeding involving a dispute
between Owner and Leer to enforce the terms and conditions of this lease with option to
purchase, or to recover possession of the premises from LPer, the Owner shall be entitled to
receive from the other party attorney fees, expert fees, appraisal fees and all other costs incurred
in connection with such action or proceedings in the amount of 5% of the option cost or the
actual fees, whichever is greater".
42. Due to the existence of the agreement by and between Plaintiff and Defendants and the terms
shown above, Plaintiff is entitled to recover all costs of court and attorney fees.
Page 6 of 7.
PRAYER
WHEREFORE, Plaintiff respectfully requests that the Court grant judgment in his favor and against
Defendants in the amount of $10,972.50 as shown below:
a. $8,898.36 for lost rent;
b. $1,302.67 for damages to the dwelling;
c. $771.47 for unpaid utilities;
d. $178.50 for Costs of Court;
e. $1,000.00 for Attorney's fees;
f Plaintiff respectfully requests the grant of such and other relief as the Court deems
appropriate.
Respectfully Sub tt ;
Michael Volk
Attorney for Plaintiff Douglas L. Zook
Supreme Court I.D. Number: 88553
275 Cumberland Parkway, Suite 168
Mechanicsburg, PA 17055
Telephone: (717) 889- 5989
Facsimile: (717) 441-3803
Email: volklawoffice@gmail.com
Page 7 of 7.
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
DOUGLAS L. ZOOK, §
480 Running Pump Road §
Lancaster, PA 17601 §
Plaintiff, §
V. §
RALPH KLINGER, JR. §
15 Fargreen Road §
Camp Hill, PA 17070 §
and §
MARY L. KLINGER §
15 Fargreen Road §
Camp Hill, PA 17070 §
Defendants. §
CAUSE NUMBER:
VERIFICATION
I, Michael B. Volk am t he attorney for the Plaintiff in this matter. I verify that the
statements contained in this Petition are true and correct to the best of my knowledge. I am
making this verification as the Plaintiff is unavailable and time is of the essence. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 490 el ting to
unsworn verification.
MVolk
N e- Le " se
RESIDENTIAL LEASE WTTH PURCHASE OPTION
You, Ralph H. and Mary L. Klinger (also called Lper in this contract), have given a deposit
in the amount of $ 0 zero dollars After the Owner of the
premises accepts and signs this lease, your deposit will become non-refundable and will be
applied as follows:
To non-refundable option consideration ....................... .:$ -0-
Your first lease payment (also known as LP payment) is due
on or before _9/1/06 for the period _9/1-9/30/06 ................ :$1396.69
The Non-refundable option consideration gives you the option to purchase the property
during the term of the lease, so long as you do all the things you are agreeing to do, when you
have agreed to do them.
If Owner or his authorized agent does not accept and sign this agreement within 15 days, it
shall terminate and your deposit will be returned.
You are offering to lease from the Owner the premises, described as 3 bedroom, 2 bath 1 car garage
raised ranch at 516 Second St. West Fairview Pa. 17025 in the County of Cumberland, State of
PA upon the following TERMS AND CONDITIONS.
TERM: The term of this lease will start on 9/l/06______, and end on 12/31/2012
unless the purchase option is exercised beforethe date the option terminates in clause 29.
2. MONTHLY PAYMENT: The monthly LP payment at the start of the lease will be $_1396.69
per month due in advance on the 1 st day of each month to Owner or his authorized agent at the
following address 480 Running Pump Rd, Lancaster, PA 17601 or at a different address if the Owner
notifies you to change the address you send your payment to.
The LP payment includes $_170_ as a payment toward taxes and insurance. If this amount
is not enough to cover the actual taxes and insurance, the Owner will send you a bill for the
difference which you agree to pay as additional rent within 30 days of being billed by Owner.
If you are ever late paying a tax or insurance bill, then at Owners sole option you will be given
notice of the monthly amount equal to 1/12 of the estimated taxes and insurance shortfall that
will be added to the monthly LP payment for future tax and insurance bills, which shall then be
dne monthly with your LP paymen! as additional rent.
If you don't pay your payment on or before the due date you must pay Owner a $100 plus $3 a day
until paid late fee.
If you bounce a check for any reason you must pay Owner a $30 bad check fee plus interest at 1.5%
per month until the payment is made good.
UW h vead and full understand and agree to the terms and conditions contained in this entire agreement
L Date fr--
2
3. UTILITIES: You are responsible for the payment of all utilities and trash and other ongoing
maintenance and cleaning services related to the premises.
=1. USE: You may only use the premises as a single family residence. Any other use requires written
approval from Owner.
5. PETS: You may not have pets on the premises unless you have written approval first from Owner. If
Owner approves any pets, they must be kept in compliance with all laws. If Owner approves a
particular pet or pets, that does not automatically approve other pets without written permission from
Owner.
6. ORDINANCES AND STATUTES: You agree to comply with all deed restrictions, statutes,
ordinances and requirements of municipal, state and federal authorities now in force, or which may be
put into force at a later time, pertaining to your use of the premises.
7. ASSIGNMENT AND SUBLETTING: You may not assign this agreement or sublet any portion of the
premises without written approval from the Owner. If Owner approves one assignment or sublet, that
does not automatically approve other assignments or sublets without written permission from Owner.
8. MAINTENANCE, REPAIRS, OR ALTERATIONS: You have inspected the premises and
acknowledge it is in good order and repair and accept it as it was shown to you. Any exceptions are
noted here: NONE
8.a. WAIVER OF WARRANTIES, ACCEPTANCE AS IS: This agreement constitutes the entire
contract between the parties hereto and the Owner is not liable or bound in any manner by expressed or
implied warranties, guaranties, promises, statements, representations, or information pertaining to said
premises. Except as noted on the line above, the Leer agrees to take the premises as is and with any
and all faults, known or unknown. The LPer waives any and all statutory or implied warranties with
regard to defects in, or the habitability of, the premises. The terms of this waiver shall survive
settlement if Lper exercises the purchase option.
You, at your own expense, must at all times maintain the premises in a clean and sanitary condition
including all equipment, appliances, furniture and furnishings in the premises and shall turn it all back
over to Owner, at the end of the lease period, if you do not exercise your option to purchase, in as
good condition as received, except for normal wear and tear. Pet stains and odors and other pet
damage shall not be considered normal wear and tear, even if pets were approved by Owner.
You must water and maintain any surrounding grounds, including any storm water facilities,
and you must maintain drainage away from the house including any downspout extensions or pipes.
You must maintain all lawns and shrubbery and keep the premises clear of rubbish or weeds.
You must also maintain all facilities, mechanicals, wiring, roofing, siding, decks and other features of
the home in good working order and appearance.
You have inspected and verified the operating condition of the smoke detectors and agree to maintain
them in an operating condition including weekly testing and battery replacement when needed, at all
times.
You must get written permission from Owner to paint, paper, or otherwise decorate or make
alterations to the premises.
I/W have ad and full understand anagree to the terms and conditions contained in this entire agreement
9-ILk 10 L Date.*
You must keep all kids toys in the back of the house out of site or inside when not being played with, 3
no bikes, toys, trampolines, etc may be stored in the front yard. All grass must be kept under 5" in
length at all times.
You must pay all the costs of maintaining the premises the same as if you actually owned the
property without benefit of the LP structure.
Upon notice from Owner, the local municipality, any state or federal agency, including but not limited
to Soil Conservation Service (SCS), or the Department of Environmental Protection (DEP), you must
immediately comply with any and all assessments and requirements including but not limited to any
National Pollutant Discharge Elimination System Permit (NPDES) or other permit requirements
pertaining to the property, at all times, and if Owner, at it's sole option, attempts to defend against
such an assessment or requirement and/or receives a fine due in full or in part to your non-
compliance with these requirements, you must reimburse Owner for all costs of defense against said
action and also for (at Owners sole option) bringing the premises into compliance together with any
fines and/or legal costs incurred by Owner by your failure to comply, at cost plus 20%, within 10
days of being billed by Owner. This obligation shall survive settlement if the purchase option is
exercised.
9. DAMAGES FOR NEGLIGENCE: You are responsible for damages caused by your negligence and
that of your family or anyone you invite to the premises including any guests.
10. ENTRY AND INSPECTION BY OWNER: You must permit Owner or Owners Agent to enter the
premises at reasonable times and upon reasonable verbal or written (at Owners sole option) notice for
the purpose of making necessary repairs, or to show the premises to prospective LPer, purchasers, or
mortgage s, or to see if premises is being kept in conformance with this agreement. For these purposes,
24 hours is deemed reasonable and acceptable notice.
11. INDEMNIFICATION: Under no circumstances will Owner be liable for any damage or injury to
You , or any other person, or to any property, occurring on any part of the premises. You agree to
hold Owner harmless from any claim for damages, no matter how caused, and you also agrees to
indemnify Owner for any and all damage, losses or injury occurring on or because of the premises
for which claim is made against the Owner or premises including, but not limited to, costs and
attorneys fees incurred in defending against any claims or in enforcing this agreement.
12. PHYSICAL POSSESSION: If Owner is unable to deliver possession of any or all the premises on
the start date of the term, Owner won't be liable for any damages that result. This will also not
cause this agreement be void or void-able, except at Owners sole option, but you will not have to
pay any LP payment for the undeliverable part until possession is delivered. If this agreement
applies to property which is new construction, possession shall be considered to have been delivered
on the day after Certificate of Occupancy (if required) is received by Owner, or the date Owner
notifies you the property is substantially completed if no Certificate of Occupancy is required by the
municipality. You may terminate this agreement if full possession is not delivered within 180
business days of the start of the term and all option consideration paid shall be refunded. Any delay
in the delivery of physical possession shall not extend the end date of the term or the option
expiration date. Your LP payment obligation will start on the date of the start of the term
according to Clause 1 above, or the date of the acquisition of any required certificate of Occupancy,
or the date Owner notifies you the property is substantially completed if no Certificate of Occupancy
is required by the municipality, whichever is later, regardless of when you actually move in.
e h vad and fully understand and gree to the terms and conditions contained in this entire agreement
Date_ /, p
4
13. DEFAULT: It shall be a default under this agreement if You fail to (1) pay the full LP payment or
any other payment required by this agreement when due, or, (2) perform any duty, obligation, or
fulfill any responsibility required of You by this agreement within 3 days of verbal or written
notice of any such default. In the event of any such default, as set out in this section 13.(2) YOU
MAY CURE THE DEFAULT BY PERFORMING WITHIN THE THREE DAYS. AS TO ALL
OTHER DEFAULT, IT SHALL BE NON-CURABLE AND the Owner, at his sole option, may
terminate all your rights under this agreement, there is no notice required and no cure period for a
default resulting from non-payment or late payment of the LP payment).
In the event of a default by you lasting more than 3 days, Owner may elect to (a) continue the lease
in effect and immediately accelerate all payments due along with costs and fees provided herein,
(without the right to purchase) and enforce all rights and remedies belonging to Owner under this
agreement, including the right to recover the LP payment as it becomes due, or (b) at any time,
terminate all of your rights under this agreement and recover from LPer all damages incurred by
reason of your breach of the lease, including the cost of recovering the premises and the value of the
LP payment for the balance of the remaining term of the lease, even if your default be remedied
after 3 days from the effective date of notice. Actual damages for the remarketing of the property
shall be deemed to be 6% of the option price, plus all loss of rent and any get ready costs and costs
of collection incurred by Owner until a new buyer or LPer is found. Pending an accounting of
actual damages, liquidated damages in the event of a default shall be deemed to be $8000.00 plus
costs of collection and may be pursued at Owners sole option in addition to other actual damages.
14. ABANDONED PROPERTY: If you abandon or vacate the property, while in default of the
payment of LP payment, Owner may consider any property left on the premises to be abandoned
and may immediately dispose of the same in any manner and/or at Owner's sole option, retain full
and complete title to the property abandoned without any notice to LPer. In the event the Owner
reasonably believes that such abandoned property has no value, it may be discarded. You
agree that all property on the premises is subject to a lien in favor of Owner for the payment of all
sums due hereunder to the maximum extent set forth in this Agreement.
15. WAIVERS: No failure of Owner to enforce any term of this agreement shall be deemed a waiver of
that term currently or in the future, nor any other term contained in this agreement. Specifically,
the acceptance of partial payment of LP payment or any other payment required by this agreement
shall never be deemed a waiver of Owners right to the full amount due.
16. NOTICES: Any notice, which either party may or is required to give may be given by hand delivery
or by mailing the same First Class Mail postage prepaid to LPer at the premises or by posting
conspicuously on the front entrance of the premises, or to Owner by both regular and Certified Mall,
postage prepaid to both addresses shown below or at such other places as may be designated by the
Owner from time to time. Notice to Owner shall be deemed to have been given upon the day
showing on the signed certified mail return receipt.
17. NON-MODIFICATION: Acceptance of partial payments or a late payment by Owner shall not
modify this agreement.
18. HEIRS, ASSIGNS, SUCCESSORS: This lease is binding upon and inures to the benefit of the heirs,
assigns, and successors in interest to both the Owner and You , except as precluded by Paragraph 7
herein.
19. TIME: Time is of the essence to this agreement. This means all dates and time frames must be
honored strictly.
e h ve ead and fully understand an gree o the terms and conditions contained. in this entire agreement
AMA (L- Date ?
20. HOLDING OVER: If you do not exercise the purchase option and you want to stay after the end of
the term of this agreement is expired, then with the consent of the Owner, your staying will be a
month-to-month tenancy with the other terms of the agreement, except the purchase option
provision, remaining unchanged. When you want to end the month to month tenancy you must
give 60 days written notice from the first of the month to Owner.
You must give 60 days notice of your intention to vacate prior to the end of initial term. Your
failure to provide such 60 days notice shall be considered your application for holding over month-
to-month tenancy in accordance with this clause.
No such holding over or extension of this lease shall extend the time for the exercise of the purchase
option unless otherwise agreed upon, IN WRITING, by Owner.
21. ATTORNEY FEES AND COSTS: In any action or proceeding involving a dispute between Owner
and LPer to enforce the terms and conditions of this lease with option to purchase, or to recover
possession of the premises from LPer, the Owner shall be entitled to receive from the other party
attorney fees, expert fees, appraisal fees and all other costs incurred in connection with such action
or proceedings in the amount of 5% of the option price or the actual fees, whichever is greater.
22. OPTION: So long as LPer is not, AND has not ever been at any time, in default in the performance
of any term of this lease, LPer shall have the option to purchase the premises for a PURCHASE
PRICE OF $139,900 plus any prepayment penalty required by Owners underlying lender at the time
Lper exercises their option to purchase under the following TERMS and CONDITIONS:
A. Each time the current LP payment (as adjusted from time to time by the terms of this
agreement) in the LP payment envelope is postmarked by the due date and mailed to the Owner,
or electronic payment is made on or before the due date, You shall be entitled to a 9.99%APR
30 yr amortization credit toward the purchase price, when exercising the option to purchase. In
the event that Owner's interest rate rises on any mortgage he has on the property while you are
leasing it, your monthly payment and/or amortization credit (at Owners sole option) will
change, to reflect the increase. Depending on your start payment, you may have an initial
negative amortization credit.
B. Your option to purchase cannot be sold or assigned without the Owner's written permission.
You may not sublease the premises without the Owner's advance written permission.
Permission to sell or assign the option, or sublease the premises, may be unreasonably withheld
by Owner.
C. If there is any default of any of the terms of this agreement that is not cured under the terms of
this agreement or if it shall become necessary to evict the LPer for any reason or if the LPer
does not exercise it's purchase option, the LP payment amortization calculation credit is
canceled.
D. When the purchase option is exercised the property shall be conveyed in its then "as is"
condition with no warranties/representations or guarantees by Seller.
E. The nonrefundable option consideration shall be credited to buyer's purchase price along with
any LP payment amortization credit earned when the option is exercised. Except as expressly
set forth in this agreement, NEITHER THE OPTION CONSIDERATION NOR THE LP
PAYMENT AMORTIZATION CREDIT IS REFUNDABLE UNDER ANY
CIRCUMSTANCE.
F. You are responsible to arrange your own financing for the purchase price if you exercise your
purchase option.
T rYCad and fully understand antd?jto the terms and conditions contained in this entire agreement
-?? Date 91 1Y t /6e
G. If any payment was late for any reason whatsoever, the Owner, at his sole option, may elect to
increase the LP payment and/or interest rate for calculation of any amortization credit by 10%
for each year in which there is any late payment, without further notice to you.
H. If any payment was late for any reason whatsoever, the Owner, at his sole option, may elect to
increase the option price by 10% for each year in which there is any late payment, without
further notice to you.
1. If any payment is late for any reason whatsoever by more than 5 days, the applicable
monthly payment at that time shall be divided by 4 and this shall become a weekly
payment due on the Monday of each week thereafter and the same late penalties will apply
to that weekly payment as apply to the monthly payment.
J. On _1/1/08 the monthly payment (before adding 1/12 the estimated annual taxes and
insurance) will increase to $_1331.24_ and the base rate for calculating the amortization credit
at the time of option exercise will change to 10.99 (unless adjusted higher by another clause in
this agreement) for the remainder of the term of this LP.
K. Equity share: In the event option is not exercised on or before 9/1/07, Owner shall be entitled to
50% of all appreciation over the option exercise price as determined by a state certified appraiser
hired by Owner the cost for which will be paid by you.
23. DISCLA M[ER: You acknowledge that there is no way to know what the availability of financing,
total purchase costs, and lenders prepayment penalties will be at the time you may decide to exercise
your option to purchase. Therefore, you agree that these items shall not be conditions of
performance of this agreement and you agree that you have not relied upon any representations or
warranties of Owner, his agents, brokers, affiliates, or other parties, in regard to these issues.
24. FIXTURES: All improvements, fixtures, attached floor coverings, draperies including hardware,
shades, blinds, window and door screens, storm sash, combination doors, awnings, and items
permanently attached, shall be included, unless specifically excluded here NONE
25. ENCUMBRANCES: LPer shall take title to the premises subject to (1) Real Estate Taxes not yet
due and (2) Covenants, conditions, restrictions, reservations, rights, rights of way and easements, if
any.
26. EXAMINATION OF TITLE: You will have Fifteen (15) days after you notify Owner of your
intention to exercise the option to purchase to order at your own cost, from a title company approved
by Owner at Owner's sole discretion, and examine the title to the property and to report in writing
any valid objections you have. Any exceptions to the title, which would be disclosed by
examination of the record, shall be deemed to have been accepted unless you report them within the
allowed fifteen (15) days. If you object to any exceptions to the title, Owner may, at his sole
option, use all due diligence to remove such exceptions at his own expense, within ninety (90) days
after receiving your report in writing. But if such exceptions cannot be removed within the ninety
(90) days allowed, or if Owner elects not to remove such exceptions, all rights and obligations
hereunder may, at your option, terminate and end unless you elect to purchase the property subject
to such exceptions.
27. CLOSING COSTS: At closing, You will pay all transfer tax, title fees and other closing costs.
28. PRORATIONS: All LP payments, taxes, premiums on insurance, and other expenses of the
property to be prorated as of possession by You.
I/W h ve read and fully understand Zan.tagg
a
to the terms and conditions contained in this entire agreement
Date O
Z% .-'.
29. EXPIRATION OF OPTION: This option may be exercised at any time after 9/1/06 7
and shall expire at midnight _12/31/08 After the expiration date of the option, this
agreement shall be a lease only. Owner will have no further obligation to you related t' the option
and you will have no more rights under the option, whether legal or equitable. After expiration of
option, Landlord at it's sole option, may at any time give 90 days written notice to Lper and
terminate the lease.
30. NOTICE AND EXERCISE OF OPTION: When you have decided to exercise your option to
purchase you must mail a notice of your intention, together with an additional $1000 in option
consideration, to the owner, at least 60 days prior to the expiration of this option.
If you have not defaulted on any of the terms of this agreement, when you exercise the option, the
non-refundable option consideration and any credit due from the LP payment as noted in section 22
shall be credited to your purchase price and closing costs.
31. SEVERABILITY: If any part of this agreement is held to be invalid or unenforceable, in whole or
in part, then that provision will be ineffective only to the extent of the invalidity or unenforceability
without in any way affecting the validity or enforceability of the remaining parts of this agreement.
32. JOINT AND SEVERAL LIABILITY: If any default occurs, each of you, if there be more than
one, shall be jointly and severally liable under all terms of this agreement. This means each of you
may be held responsible individually for payments of all amounts due under this agreement.
33. OTHER DEBT: As part of this agreement, You agree to incur NO ADDITIONAL DEBT without
the written consent of Owner. You also agree to pay all present payments on time. If you do not
pay all present payments on time, or you incur additional debt without the written consent of Owner,
you will be in default of this agreement. You agree that Owner or his agent shall have the right at
any time to obtain a credit report and/or employment and income source verification on you during
the term of this agreement and any subsequent agreements or actions related to this agreement.
34. INSURANCE REQUIREMENTS: At all times LPer shall fully insure the premises for both
physical damage and liability with the Owner as the primary insured party. Coverage's to be
minimum $500,000 liability and option price. In the event Owner elects, at its sole option, to
directly acquire insurance, LPer's payment shall be increased according to the cost of the insurance
plus a 10% administration fee; in this case, Owner's policy will not cover your personal property or
liability, therefore Owner requires you to obtain a renters insurance policy to provide liability and
contents coverage for you and your personal property and to name Owner as an additional insured
on your renters policy.
35. SALES TAX: You are responsible for all sales tax due if the State determines at some time that this
is a taxable transaction. In the event of a determination that sales tax is payable on the LP payment,
your payment will be adjusted accordingly.
36. VENUE: You agree that regardless of where this agreement was signed, that this agreement shall be
treated for legal purposes as entered into at Owners main office in Lancaster County, PA and that
any legal actions that result from this agreement shall be in the proper jurisdiction of the District
Justice of Owners current office in Lancaster County, PA or the Courts of Common Pleas of
Lancaster County, PA or the District Justice or Courts of Common Pleas where the property is
located, at Owners sole option.
37. OWNERS TITLE: Owner, as referenced herein, may be equitable and may not necessarily be the
"record" owner. There may also be other equitable partners but Owner signing below has authority
to act for all partners, if any.
or! and full understand and agre to the terms and conditions contained in this entire agreement
Date c7
T
38. OWNERS UNDERLYING FINANCING: Contingent upon Owner closing on the permanent
underlying financing for Owner. In the event this does not close, this agreement, at Owners sole
option, may be declared null and void.
39. ENTIRE AGREEMENT- You acknowledge that this document contains the entire agreement
between you and the Owner, his agents, employees or related parties and that you have no other oral
or written agreements with Owner or any other person or business related to this property.
40. LEGAL REVIEW: You acknowledge that Owner has recommended that you have this Agreement
reviewed by legal counsel to make sure you understand the legal significance of all terms and
conditions of this agreement and you have either A) done so; or B) waived this recommendation.
You also acknowledge that this Agreement and all terms and conditions of it were open to
negotiation and that you are satisfied with all terms and conditions, as they exist.
41. SUPERSEDING AGREEMENT: This agreement supersedes all others between the parties and any
affiliates. Nothing in this clause shall preclude the final reconciliation of all taxes and insurance
and any amortization credit due under preceding LP agreement, if any. If at any time, to facilitate
Lper obtaining financing, Owner and Lper enter into a simple sales agreement for the property, that
sales agreement and any term within it shall never in any way supersede or modify the terms of this
agreement. All terms of this agreement shall supersede all terms of any sales agreement done for
financing convenience purposes and the terms of this agreement shall remain in full force and effect
at all times even when a lender is processing a loan under an additional sales agreement.
42. BROKER DISCLOSURE: Douglas L. Zook is a Licensed RE broker functioning solely as a
principle in this transaction. You agree there are no brokers involved in this transaction unless
identified here NONE
43. AUTOMATIC PAYMENT: You agree that LP payment can be taken from your bank account by
automatic electronic withdrawal on the due date, at owners sole option, and agree to provide the
necessary information to set this up within 10 days of request by owner.
44. PRE-OCCUPANCY: Should you, with Owners required permission, occupy the premises prior to
the start of term of this agreement, you will owe in advance an amount equal to 1/30 of the
monthly payment for each day you occupy prior to the start of the term. No amortization credit
will accrue for this preoccupancy.
45. NOT AN INSTALLMENT SALE: You expressly agree that this is solely a lease with option to
purchase agreement and shall never be construed to be an installment sales agreement under any
circumstance.
46. RECORDING. Under no circumstances shall Tenant record this lease. Landlord may record at
his sole option.
47. LEAD NOTICE: If checked here, this is a pre-1978 home and a lead notice is attached:
48. MOLD: Mold is caused by moisture and certain types can be a hazard to your health. If you ever
have a moisture problem, whether it be from a pipe leak, roof leak, flood, or any other cause it is
extremely important to address it immediately. Please contact Owner immediately if any
moisture problem develops so Owner can suggest ways to minimize the risk of mold developing
so you can protect your home and your health. Owner will not be liable for any damage or
injury to You , your invitees, or any other person, or to any property, related to mold.
I/W ve read and fully understand and agree to the terms and conditions contained in this entire agreement
L114,cR (Z -Vate 1 q
8
9
49. CARBON MONOXIDE: Carbon Monoxide is a byproduct of combustion of fossil fuels such as
natural gas which your home may be heated with. If you do not keep your heat system and hot
water heater maintained, carbon monoxide can be released into the home which can make you sick
and can even kill you. It is your responsibility to keep your home maintained at all times
including your gas systems to protect your health. While not required by law, Owner recommends
you have a carbon monoxide detector operable in your home at all times. They can be acquired at
the local hardware store for less than $50. Owner will not be liable for any damage or injury to
You, your invitees, or any other person, or to any property, related to carbon monoxide.
50. RADON: Radon is a naturally occurring clear and odorless gas that can increase your risk for
certain kinds of cancer and other illnesses if the concentration is too high. High levels of radon
are easily mitigated by a vent system. Owner makes no representations about the existence or non-
existence of radon in this home. You are encouraged to satisfy yourself if you have any concerns
about radon in your home.
51. WATER QUALITY It may or may not as yet be determined if your home will be dependent
upon a public water supply or on a well. If it is or becomes dependent upon a well, Owner makes no
representations or warranties as to the quality of waxer from the well, the measures, equipment or costs
which may be necessary to store, deliver or treat the water, in order for it to be suitable for domestic use
and consumption. Under no construction of this agreement, implied or express, shall Owner be
considered responsible for the ultimate quality or suitability of the water
for domestic use. Water quality can change over time due to many environmental and uncontrolled
factors. Water testing is readily available and LPer is encouraged to investigate and become satisfied as
to any concerns about water quality in your home. It is solely the responsibility of LPer to do so, if
desired, and LPer agrees to hold Owner harmless from any claims by LPer or claims by parties in
possession by or through LPer, from all damages, costs and attorney fees, which may be applied to
Owner as a result of such claims.
7i_e.l}a? read and fully understand an agree to the terms and conditions contained in this entire agreement
r__ _j?V1, J Ik Date (?7
10
52. ARBITRATION CLAUSE: This Agreement shall be governed by and construed in accordance
with the law of the State of Pennsylvania. Any action to pursue eviction or regain possession and
obtain judgment for rent liability and property damage may be pursued in the appropriate courts of
said state, at the sole discretion of the Owner. Any other claims or action, by either party, to
enforce or interpret this agreement and all other disputes under the agreement shall be resolved by
binding arbitration in Lancaster, PA. Either party shall give notice according the notice provisions
of this agreement, sending the other a demand for arbitration under this clause. Both parties may
agree on an arbiter or, if they cannot agree on an arbiter within 30 days of the date of the demand,
each shall pick an arbiter within 45 days of the date of the demand. Those two picked arbiters shall
choose a third arbiter within 10 days thereafter (55 days of the demand date) and the arbitration
will proceed as directed by the arbiter/s and as otherwise proscribed according to the
Laws of said state. Time is of the essence and failure to timely join in the choice of arbiter/s, by
either party, shall be conclusively deemed a waiver of the right to choose and the matter will
proceed under the single arbiter chosen timely.
By signing below, you acknowledge you have read and fully understand and agree to the terms and
conditions contained in this entire agreement and that you have received a copy of this agreement.
IN WITNESS WHEREOF, AND INTENDING TO BE LEGALLY BOUND HEREBY, THE PARTIES
HERETO HAVE AFFIXED THEIR RESPECTIVE HANDS AND SEALS, THIS DAY OF
2006
Witness
Witness
LPer (SEAL)
r-
r?? LPer (SEAL)
Current address: 352 Pitt Street, Enola PA 17025
ACCEPTANCE
By signing below, the Owner accepts your offer and acknowled s having a signed py of it.
Owner
Owner: Douglas L. Zook
480 Running Pump Rd and PO BOX 1750
Lancaster, PA 17601 Granby, CO 80446
EXHIBIT 2
DOUGLAS L. ZOOK
480 Running Pump Road
Lancaster, PA 17601
Telephone: 717-735-0030 Fax: 717-735-0029
Statement of Rent and Charges Due
May 26, 2009
Charles J. Schlum
Charlene B. Schlum
516 Second Street
West Fairview, PA 17025
Rent due through term of lease or until
Another Lper move in: 09/01/06 $3,740.00
Real Estate Taxes and Insurance Due: $(627.38)
Utilities Due:
Damages to Home:
$0.00
$1,563.30
Net Amount Due and Owing: $4,675.32
r. n, °
L.,,I;r,..;? i
?.?
:, ,? :
??s? ?? ??
?? /?
a a?'o?U
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
OFFICE GF T- S. -ERIFF
' J
A LED-C) om, CE
OF THE F
2009 AUG 28 PM !: 03
Edward L Schorpp
Solicitor
Douglas L. Zook
vs.
Ralph Klinger, Jr.
Case Number
2009-5563
SHERIFF'S RETURN OF SERVICE
08/21/2009 08:28 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on August 21,
2009 at 2028 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Ralph Klinger, Jr., by making known unto himself personally, at 15 Fargreen Road
Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him
personally the said true and correct copy of the same.
08/21/2009 08:28 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on August 21,
2009 at 2028 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Mary L. Klinger, by making known unto herself personally, at 15 Fargreen Road Camp
Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally
the said true and correct copy of the same.
SHERIFF COST: $57.94
August 24, 2009
SO ANSWERS,
?.
R THOMAS KLINE, SHERIFF
By'- :::? -__?
loll C1_1
Deputy Sherif
r ,
Sarah E. McCarroll
PA 91102
Gates, Halbruner, Hatch & Guise, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
717.731.9600
717.731.9627
s. mcc arroll k gateslawfirm. com
IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY,
PENNSYLVANIA
DOUGLAS L. ZOOK,
480 Running Pump Road
Lancaster, PA 17601
Plaintiff,
V.
RALPH KLINGER, JR
15 Fargreen Road
Camp Hill, PA 17011
And
MARY L. KLINGER
15 Fargreen Road
Camp Hill, PA 17011
Defendants.
No. 2009-05563
Civil Action - Law & Equity
DEFENDANTS RALPH KLINGER, JR. AND MARY L. KLINGER ANSWER AND
NEW MATTER TO COMPLAINT
Defendants, Ralph Klinger, Jr. and Mary L. Klinger by their undersigned
attorneys responds to the Complaint and answers as follows:
1. Admitted upon information and belief.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted upon information and belief.
6. Admitted.
7. Denied as stated. The document referenced speaks for itself.
8. Upon reasonable investigation, defendants Ralph Klinger and Mary L.
Klinger are without knowledge or information sufficient to form a belief and therefore
the averment is denied.
9. Denied as stated. The document referenced speaks for itself.
10. Denied in part and Admitted in part. Defendants vacated the premises on
or about August 31, 2007.
11. Upon reasonable investigation, defendants Ralph Klinger and Mary L.
Klinger are without knowledge or information sufficient to form a belief and therefore
the averment is denied.
12. Upon reasonable investigation, defendants Ralph Klinger and Mary L.
Klinger are without knowledge or information sufficient to form a belief and therefore
the averment is denied.
13. Upon reasonable investigation, defendants Ralph Klinger and Mary L.
Klinger are without knowledge or information sufficient to form a belief and therefore
the averment is denied.
14 The responses contained in paragraphs 1 through 13 are incorporated
herein.
15. Denied. The document referenced speaks for itself.
16. Denied. The document referenced speaks for itself.
2
17. Upon reasonable investigation, defendants Ralph Klinger and Mary L.
Klinger are without knowledge or information sufficient to form a belief and therefore
the averment is denied.
18. Upon reasonable investigation, defendants Ralph Klinger and Mary L.
Klinger are without knowledge or information sufficient to form a belief and therefore
the averment is denied.
19. Denied. Plaintiff is not entitled to any compensation.
20. Denied. The document referenced speaks for itself.
21. Upon reasonable investigation, defendants, Ralph Klinger, Jr. and Mary L.
Klinger are without knowledge or information sufficient to form a belief and therefore
the averment is denied.
22. Upon reasonable investigation, defendants, Ralph Klinger, Jr. and Mary L.
Klinger are without knowledge or information sufficient to form a belief and therefore
the averment is denied.
23. Denied. There is no balance owed.
24. Denied. The Plaintiff is not entitled to damages from the Defendants.
25. The responses contained in paragraphs 1 through 24 are incorporated
herein.
26. Denied. The document referenced speaks for itself.
27. Denied. The document referenced speaks for itself.
28. Denied. The document referenced speaks for itself.
29. Denied. The document referenced speaks for itself.
30. Denied. The document referenced speaks for itself.
3
31. Denied. Defendants Ralph Klinger, Jr. and Mary L. Klinger did not
damage property
32. Denied. Defendants Ralph Klinger, Jr. and Mary L. Klinger did not
damage property.
33. Denied. Plaintiff is not entitled to compensation.
34. Denied. Defendants, Ralph Klinger, Jr. and Mary L. Klinger have not
failed to maintain the property.
35. The responses contained in paragraphs 1 through 34 are incorporated
herein.
36. Denied. The document referenced speaks for itself.
37. Denied. Defendants, Ralph Klinger, Jr. and Mary L. Klinger did not leave
unpaid utilities.
38. Denied.
39. Denied. Defendants, Ralph Klinger, Jr. and Mary L. Klinger did not leave
unpaid utilities.
40. The responses contained in paragraphs 1 through 39 are incorporated
herein.
41. Denied. The document referenced speaks for itself.
42. Denied. Plaintiff is not entitled to attorney fees.
NEW MATTER
43. Plaintiff Douglas L. Zook sued Defendants Ralph Klinger, Jr. and Mary
Klinger on August 20, 2007 for Breach of Lease by non-payment of rent for the same
subject property. A true and correct copy of the complaint is attached as Exhibit A.
4
44. Plaintiff Douglas L. Zook filed the Complaint with District Justice
Richard S. Dougherty, Jr. with a Docket Number LT-248-07 and requested damages in
the amount of $696.00. See Exhibit A.
45. District Justice Richard S. Dougherty, Jr. entered Judgment for Defendants
Ralph Klinger, Jr. and Mary Klinger on September 4, 2007. A true and correct copy of
the Judgment is attached as Exhibit B.
46. The parties of case LT-248-07 are exactly the same as the named parties in
the instant case.
47. The claim brought by the Plaintiff in case number LT-248-07 is the same
claim brought in the instant case with the exception of an increased claim for damages.
48. The Judgment of District Justice Richard S. Dougherty, Jr. is res judicata
to any claims brought by Plaintiff Douglas L. Zook against Defendants for breach of
lease.
49. Defendants assert the following affirmative defenses; res judicata, statute
of limitations, justification, accord and satisfaction, failure of consideration.
Wherefore, the Defendant respectfully requests this Court dismiss the Complaint
filed by the Plaintiff, with prejudice.
Resp tfull Submitted,
September 8, 2009
Sarah E. McCarroll, Esq.
PA ID 91102
Gates, Halbruner, Hatch &Guise, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
717.731.9600/ 717.731.9627
s.mccarroll@aateslawfirm.com
5
IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA
DOUGLAS L. ZOOK,
480 Running Pump Road
Lancaster, PA 17601
Plaintiff,
V.
RALPH KLINGER, JR
15 Fargreen Road
Camp Hill, PA 17011
And
MARY L. KLINGER
15 Fargreen Road
Camp Hill, PA 17011
Defendants.
No. CI-09-05563
Civil Action - Law & Equity
VERIFICATION
I, Ralph Klinger, Jr., hereby verify that the statements made in the foregoing Answer and
New Matter To Complaint are true and correct to the best of my information, knowledge and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
Date: September 8, 2009 L4 /Al
Ralph Klinger, Jr.
IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA
DOUGLAS L. ZOOK,
480 Running Pump Road
Lancaster, PA 17601
Plaintiff,
V.
RALPH KLINGER, JR
15 Fargreen Road
Camp Hill, PA 17011
And
MARY L. KLINGER
15 Fargreen Road
Camp Hill, PA 17011
Defendants.
No. CI-09-05563
Civil Action - Law & Equity
VERIFICATION
I, Mary L. Klinger, hereby verify that the statements made in the foregoing Answer and New
Matter To Complaint are true and correct to the best of my information, knowledge and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904,
relating to unsworn falsification to authorities.
Date: September 8, 2009
-4 A
Mary. Kiln
er
EXHIBIT A
FL:-Q, f'A0aN EALTH !0F PENNSYLVANIA
-OUT, :TyOF' C4Mbe 1CkAr'I
g s?zria': )'carnet NuMer.
09- i L
M'W :flame: Krr. tj C E ? y ? e-
Addreas: cl 5 t r\ 0 l c, !VC 5 R fc M
?stio?a V'11 1-7025'
Amourt `;ate Paid
j r iiiiig u03i l - i l /
i postage S r
i Service Costs } I ; !?
Constable Ed. $ I f }
otal S _
Pa.R.C.P.J.u- No. 206 sets forts those costs recoverable by
the prevailing pai y.
0 ; < E DEFENDANT. Toe above narned plaintiff(s) asks judgment
together with costs against you for the possession of real property and
Tor:
Lease is l Reside tial Nonresidential.
LANDLORD D
PLAINTIFF: NAW and ADDRESS
D iC.s L- Z OC ?C
?i1R/1LG15?Er y v A lob l
7Ii- -7357- co'3c x 3c.a
vs.
DEFENDANT; NAPAE and ADDROS
F_
Ral, k cwAd dcnr? O l,A5c r
51
PA 1103 ?5
Docket No.: ,?-r_ g b- v7
Date Filed: .. ^_ a60?
R
Damages for injury to the real property, to wit
in the amount of.
Damages for the unjust detention of the real property in the amount of $
Rent remaining due and unpaid on fling date in the amount of
And addi icnal Wit emaining due and unpaid or. hearing data y _
Attorney fees in the amount of
i -
Total: S
HE PLAINTIFF FURTHER ALLEGES THAT: _
The location and address, it any, of the real property is 54rec f Loo s l ? a: E s u i C i C t
s- Ttie plaintiff is the landlord of that property. ff gg
He leased or rented the prop" to you or to ?? 21 C'1\cslG?,e TS under whom you claim,.
E Notice to quit was given in accordance with law, or j
j No notice is required under the terms of the lease.
The term for which the property was leased or rented is fully ended, or {
A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit Cn
r Rent reserved and due ras, upon demand, remained unsatisfied.
You retain the real property and refuse to give up its possession.
i i, iKh: 1 C i - t E t . ( a rR } ?, (3??s A 4 1 T- verify that the facts set forth in this complaint are true and correct to the i
best of my knowledge, info stio and a lef- This statement is made subject to the penalties of Section 4 of the Crimes Cods (18 PA. C.S- § 4904j
reiating to unswom falsification to authorities.
2 6
I (Signature o= iaiint'„
i
ins - - - - - { l i
11: YOU HAVE A DEFENSE to this complaint you may present it at the hearing.- IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy
of the premises, which is in the magisterial district judge jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it on a complaint fop
at this office BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for
damages and rent if claimed, may nevertheless be entered against you. A judgment against you for possession may result in your EVICTION from the
prey: iises.
t
=s you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the
ylagisterial District Court at the above address or telephone number. We are unable to provide transportation Y?
Remarks and Summer/ of TesJmom Mev be Recorded on Reverse Side.
ruPC 310A-05
EXHIBIT B
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No..
09-1-03
MDJ Name: Hon.
RICHARD S. DOUGHERTY
Address 9 8 S ENOLA DR STE 1
ENOLA, PA
Telephone: (717 ) 728-2805 17025
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE
NAME and ADDRESS
rZOOK, DOUGLAS L
480 RUNNING PUMP RD
LANCASTER, PA 17061
L
VS.
DEFENDANT: NAME and ADDRESS
rKLINGER, RALPH, ET AL.
516 S. 2ND STREET
WEST FAIRVIEW, PA 17025
MARY KLINGER L -I
516 S. 2ND STREET Docket No.: LT-0000248-07
WEST FAIRVIEW, PA 17025 Date Filed: 8/20/07
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR DEFE?ANT
rLKI Judgment was entered for: (Name) KLINGER, MARY
Judgment was entered against ZOOK, DOUGLAS in a
F-X1 Landlord/Tenant action in the amount of $ .00 on 9/04/07 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 1, 396.69.
The total amount of the Security Deposit is $ 00
Total Amount Established by MDJ Less " Security Deposit Applied =
Rent in Arrears $ .00-s .00=
Physical Damages Leasehold Property $ .00-$ .00=
Damages/Unjust Detention $ - 00 - $ 00=
L F Attachment Prohibited/
_I 42 Pa.C.S. § 8127
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
L/T Judgment Amount
Judgment Costs
Attorney Fees
? This case dismissed without prejudice.
? Possession granted.
? Possession granted if money judgment
Possession not granted.
Total Judgment
Adjudicated Amou0ntt
$ .00
$ _
-00
$ .00
$ _ -00
$ -O-0
$ -00
$ -0-11
$ .00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL' LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF. COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN `A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE 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 IRT-HE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUQGWNT-DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
4 i-7
- /} Date S1e7ial District Judge
7 I certi y that this is a true an o t copy t rec the ro s conta the d grnen
Date F. isterlal District Judge
M commission expires first Monday of January, 2012. SEAL
AO 'C :11 SA-06
COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT
COUNTY OF: CUMBERLAND RESIDENTIAL LEASE
May. Dist No.: - PLAINTIFF: - - NAME and ADDRESS
09-1-03 FZOOK, DOUGLAS L
MDJ Name: Hon. 480 . RUNNING PUMP -RD -
RICHARD S: DOUGHERTY LANCASTER,. PA 17061,
Address 98,
S ENOLA DR `STE .1
ENOLA, ` PA L J
,, ,±V .ti ; hr fn DEFENDANT: VS.
• AME and ADDRESS ;
N
re?E i;Gne. (717:). 728-2805 ,.417025 FKLINGTR, RALPH. ET AL. -?
516 S 2ND STREET
WEST FAIRVIEW, PA 17025
MARY KLINGER L _I
516 S. 2ND STREET Docket No.: LT-0000248-07
WEST FAIRVIEW, PA 17025 Date Filed: 8/20/07 Q
ep `,
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR DEF;SNDANT
Judgment was entered for: (Name) KLINGER, RALPH
Judgment was entered against ZOOK, DOUGLAS in a
® Landlord/Tenant action in the amount of $ - 00 on 9/04/07 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 1, 396.69.
The total amount of the Security Deposit is $ .00
Total Amount Established by MDJ Less - Security Deposit Applied = Adjudicated Amount
Rent in Arrears $ .00-$ .00= $ .00
Physical Damages Leasehold Property $ .00-$ .00= $ . 00
Damages/Unjust Detention $ _00-$ _00-7
$
, O0
Less. Amt Due Defendant from Cross Complaint
Interest (if provided,by lease) $ 00
Att
P Judgment Amount
achment
rohibited/
u Judgment Costs $ _ 00
42 Pa.C_S. § 8127 Attorney Fees $ 00
This case dismissed without prejudice. Total Judgment $ .00
Possession granted. Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $ _
0 Possession granted if money judgment is no satisfied y time o evic ion.
Possession not granted. Defendants are jointly and severally liable:
.,
?? .?.1???.1?3N?lt?llpOLVi#st4lr?'fl• #'tEt?tIDI??T17?L3''
- 1#???E"??`i1G>?`??1'F?P'E?L"?FFi?I?i??f?M?NTOR pOSSESS10NnW#T1=f11V^??
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THVbbURT OF. COMMON PLEAS, CIVIL.DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT; IF ANY. IN
ORDER TO OBT'AIN.A;SUPERSEDEAS,JHE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS Ri?NT'OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY: WISHES TO APPEAL, ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE-PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY. OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS,. CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
H_
PROCESS THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
HOLDER COMMON ELECTS TO PLEASANT ENTER NO THE FURTHER JUDGMENT
MAY BE ISSUED BY THE MAGISTERIAC6STRICT JUDGE
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN.THEJUDGMENT MAY FILE
A REQUEST FOR,ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGIVIyTNT"D.BTOR' PAYS IN FULL,
..
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Ag.
* J
Date t to t" 1 District Judge
T c&'h y that t Is is a true and o t copy t rec the ro s contain t e. O' gl?erztc
Date istenal District Judge.
oyco
momission expires first Monday of January, 2012. SEAL`"-.
31 5A-
IN THE COURT OF COMMON PLEAS LANCASTER COUNTY, PENNSYLVANIA
CIVIL ACTION
DOUGLAS L. ZOOK,
480 Running Pump Road
Lancaster, PA 17601
Plaintiff,
V.
RALPH KLINGER, JR
15 Fargreen Road
Camp Hill, PA 17011
And
MARY L. KLINGER
15 Fargreen Road
Camp Hill, PA 17011
Defendants.
No. CI-09-05563
Civil Action - Law & Equity
CERTIFICATE OF SERVICE
I, Sarah E. McCarroll, an adult individual, hereby certify that I served a true and correct copy
of the attached Defendants Answer and New Matter To Complaint by first class mail, postage
prepaid, on September 8, 2009 to:
Michael Volk, Esq.
275 Cumberland Parkway, Suite 168
Mechanicsburg, PA 17055
Attorney for Plaintiff
Sarah E. McCarroll, Esq.
Gates, Halbruner, Hatch & Guise, PC
1013 Mumma Road, Suite 100
Lemoyne, PA 17044
717.731.9600
717.731.9627
S.mccarrollkgateslawfirm.com
OF THE P OT-,,^ %N, OTAFY.
2 004 SE? -9 IM r2:'?
Tk;
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
DOUGLAS L. ZOOK,
480 Running Pump Road
Lancaster, PA 17601
Plaintiff,
v
RALPH KLINGER, JR.
15 Fargreen Road
Camp Hill, PA 17070
and
MARY L. KLINGER
15 Fargreen Road
Camp Hill, PA 17070
Defendants.
§ CAUSE NUMBER: 09-5563
§
?HIG'iiutii
PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER
NOW COMES Douglas L. Zook, by and through his attorney, Michael Volk and respectfully
shows this Honorable Court the following:
43. After reasonable investigation, Plaintiff is without knowledge of information sufficient to form
a belief as to the veracity of the averments contained within this paragraph. Therefore, Plaintiff denies
the averment and demands strict proof thereof.
44. After reasonable investigation, Plaintiff is without knowledge of information sufficient to form
a belief as to the veracity of the averments contained within this paragraph. Therefore, Plaintiff denies
the averment and demands strict proof thereof.
45. After reasonable investigation, Plaintiff is without knowledge of information sufficient to form
a belief as to the veracity of the averments contained within this paragraph. Therefore, Plaintiff denies
the averment and demands strict proof thereof.
46. After reasonable investigation, Plaintiff is without knowledge of information sufficient to form
a belief as to the veracity of the averments contained within this paragraph. Therefore, Plaintiff denies
the averment and demands strict proof thereof.
47. Denied. This action is for economic damage due to breach of the agreement by Defendants
beginning on the day they moved from the property and ending the day that a new tenant moved into
the property, for utility charges accrued and for physical damage done to the property.
48. Paragraph 48 contains averments of law, to which no response is necessary.
49. Plaintiff denies that his Complaint is void due to res judicata as this action is for economic
damage due to breach of the agreement by Defendants beginning on the day they moved from the
property and ending the day that a new tenant moved into the property, for utility charges accrued and
for physical damage done to the property. Plaintiff demands strict proof thereof.
49 - A. Plaintiff denies that the statute of limitations has run as to this claim. Pursuant to
42 Pa.C.S.A. §5525, the statute of limitations for breach of contract is 4 years from the date of the
occurrence. Plaintiff demands strict proof of Defendant's claim of the expiration of the statute of
limitations.
49 - B. After reasonable investigation, Plaintiff is without knowledge of information
sufficient to form a belief as to the veracity of Defendants' affirmative defense of justification.
Therefore, Plaintiff denies the avennent and demands strict proof thereof.
49 - C. After reasonable investigation, Plaintiff is without knowledge of information
sufficient to form a belief as to the veracity of Defendants' affirmative defense of accord and
satisfaction. Therefore, Plaintiff denies the averment and demands strict proof thereof.
49 D. After reasonable investigation, Plaintiff is without knowledge of information
sufficient to fonn a belief as to the veracity of Defendants' affirmative defense of failure of
consideration. Therefore, Plaintiff denies the averment and demands strict proof thereof.
WHEREFORE, Plaintiff respectfully requests that the Court grant judgment in his favor as
pled in his complaint and against Defendants.
Respectfully Submitte
' Michael Volk
Attorney for Plaintiff Douglas L. Zook
Supreme Court I.D. Number: 88553
275 Cumberland Parkway, Suite 168
Mechanicsburg, PA 17055
Telephone: (717) 889- 5989
Facsimile: (717) 441-3803
Email: volklawofficeLq?gmail.com
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
DOUGLAS L. ZOOK, §
480 Running Pump Road §
Lancaster, PA 17601 §
Plaintiff, §
V. §
RALPH KLINGER, JR. §
15 Fargreen Road §
Camp Hill, PA 17070 §
and §
§
MARY L. KLINGER §
15 Fargreen Road §
Camp Hill, PA 17070 §
Defendants. §
CAUSE NUMBER: 09-5563
CERTIFICATE OF SERVICE
I certify that on the Z day of Q L 7o bey' , 2009, I sent VIA FIRST CLASS MAIL
a copy of Plaintiff's Answer to Defendants' New Matter, addressed to the following:
Ms. Sarah E. McCarroll
C/O Gates, Hulbruner, Hatch & Gise, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
Michael Volk
Attorney for Douglas L. Zook
Supreme Court Identification No.: 88553
275 Cumberland Parkway, Suite 168
Mechanicsburg, PA 17055
Telephone: (717)889-5989
Facsimile: (717) 441-3803
Email: volklawoffice@gmail.com
FiLEU40Fr CE
OF THE PRv, n?,soTARY
2009 OCT -2 PM 1: 53
CUPr -: ; -;,` a ?,-UN`iY
PENNSYLVANIA
Sarah E. McCarroll
PA 91102
Gates, Halbruner, Hatch & Guise, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
717.731.9600
717.731.9627
s.mccarrollkgateslawfirm com
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DOUGLAS L. ZOOK,
480 Running Pump Road
Lancaster, PA 17601
Plaintiff,
No. 2009-05563
V.
RALPH KLINGER, JR
15 Fargreen Road
Camp Hill, PA 17011
Civil Action - Law & Equity
And
MARY L. KLINGER
15 Fargreen Road
Camp Hill, PA 17011
Defendants.
DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS
UNDER LOCAL RULE 1034(a)
Defendants, Ralph Klinger, Jr. and Mary L. Klinger by their undersigned
attorneys, respectfully file this Motion for Judgment on the Pleadings and aver as follows:
This action was commenced by the filing of a Complaint on August 10,
2009 by Douglas L. Zook against Ralph and Mary Klinger.
2. Defendants Ralph and Mary Klinger filed a timely Answer and New
Matter on September 9, 2009.
3. Plaintiff filed a response to the New Matter on or about September 30,
2009.
4. The pleadings are closed and the matter is ripe for decision based on the
pleadings.
5. The Complaint is based on a residential lease, between the parties, of
property located at 516 Second Street, West Fairview, Cumberland County, Pennsylvania
17025. See Plaintiffs Complaint paragraph 6 and Exhibit 1.
6. The Defendants notified the Plaintiff of their intention to vacate the
property on August 1, 2007. See the attached affidavits of Ralph and Mary Klinger.
7. The Plaintiff then sued the Defendants for breach of the lease on August
20, 2007 with Magisterial District Justice Richard S. Dougherty, Jr. See Defendants'
Answer paragraph 43 and Exhibit A.
8. The Plaintiff's representative, Charlee Megee, appeared at the hearing
along with the Defendants, Ralph and Mary Klinger on September 4, 2007. See the
attached affidavits of Ralph and Mary Klinger.
9. At the District Justice hearing, both parties provided testimony and
documentary evidence. See the attached affidavits of Ralph and Mary Klinger.
10. The Magisterial District Justice Richard S. Dougherty, Jr. entered
Judgment in favor of Ralph and Mary Klinger on September 4, 2007. See Defendants'
Answer paragraph 45 and Exhibit B.
11. The parties of the case filed with Magisterial District: Justice Richard S.
Dougherty, Jr, case number LT-248-07, are exactly the same as the named parties in the
instant case. See Defendants' Answer Exhibit A.
12. The Judgment of District Justice Richard S. Dougherty, Jr. is res judicata
to any claims brought by Douglas L. Zook against Defendants for breach of lease.
13. There are four elements of res judicata are: (1) identity of the thing sued
for, (2) identity of the cause of action, (3) identity of persons and of parties in the action,
and, (4) identity of the quality in the person for or against whom the claim is made.
14. Res judicata is designed to protect a defendant from having to defend
several suits on the same cause of action.
15. The Defendants have been sued before by the Plaintiff in the instant case,
for the same claim and successfully defended that action.
16. Defendants should not be forced to defend the same claim again.
17. Plaintiff's claim of additional damages does not negate the application of
res judicata. Helmig v. Rockwell Manufacturing Company, 131 A.2d 622 (1957).
18. A plaintiff must bring all his claims for damages that arise from the same
cause. Spinelli v. Maxwell, 430 Pa. 478 (1968).
19. If separate actions are instituted for each category of damage and a
judgment is rendered in one of such actions, the entry of such judgment has the effect of
res judicata and bars recovery in the other action. Spinelli v. Maxwell, 430 Pa. 478
(1968).
3
20. This case was not previously assigned to a Judge.
21. The movant requested concurrence from Plaintiffs counsel but did not
receive a response and assumes he does not concur.
Wherefore, the Defendant respectfully requests this Honorable Court grant the
Motion for Judgment on the Pleadings and dismiss the Complaint with prejudice.
Respectfully Submitted,
November 9, 2009
Sarah E. McCarroll, Esq.
PA ID 91102
Gates, Halbruner, Hatch &Guise, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
717.731.9600/ 717.731.9627
s.mccarrollna,gateslawfirm com
4
Sarah E. McCarroll
PA 91102
Gates, Halbruner, Hatch & Guise, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
717.731.9600
717.731.9627
s.mccarroll@gateslawfirm.com
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DOUGLAS L. ZOOK,
480 Running Pump Road
Lancaster, PA 17601
No. 2009-05563
Plaintiff,
V.
RALPH KLINGER, JR
15 Fargreen Road
Camp Hill, PA 17011
Civil Action - Law & Equity
And
MARY L. KLINGER
15 Fargreen Road
Camp Hill, PA 17011
AFFIDAVIT OF RALPH KLINGER JR.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, Ralph Klinger, being duly sworn according to law, hereby depose and say as follows:
1. I am an adult individual residing at 15 Fargreen Road, Camp Hill, Pennsylvania.
2. 1 entered a lease agreement with Douglas L. Zook August 19, 2006.
3. On August 1, 2007 I provided a thirty day notice to intention to vacate the
premises to the Plaintiff, Douglas L. Zook.
4. Douglas L. Zook brought a suit against me on August 20, 2007, filed with
Magisterial District Justice Richard J. Dougherty.
5. 1 completely moved out of the leased property on August 31, 2007.
6. I attended the hearing with Magisterial District Justice Richard J. Dougherty on
September 4, 2007.
7. I provided testimony and documentary evidence at the hearing.
8. Charlee Megee was present to represent Douglas L. Zook and provided testimony
and documentary evidence at the hearing.
9. Magisterial District Justice Richard J. Dougherty issued a judgment in my favor
on September 4, 2007.
f r
Ralph Klinger
Sworn to and subscribed before me
this 30 ffi day of
October, 2009
Member, Pennsyivama Association or Notaries
Sarah E. McCarroll
PA 91102
Gates, Halbruner, Hatch & Guise, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
717.731.9600
717.731.9627
s.mccarroll@gateslawfirm.com
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DOUGLAS L. ZOOK,
480 Running Pump Road
Lancaster, PA 17601
No. 2009-05563
Plaintiff,
V.
RALPH KLINGER, JR
15 Fargreen Road
Camp Hill, PA 17011
Civil Action - Law & Equity
And
MARY L. KLINGER
15 Fargreen Road
Camp Hill, PA 17011
AFFIDAVIT OF MARY KLINGER
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, Mary Klinger, being duly sworn according to law, hereby depose and say as follows:
1. I am an adult individual residing at 15 Fargreen Road, Camp Hill, Pennsylvania.
2. I entered a lease agreement with Douglas L. Zook August 19, 2006.
3. On August 1, 2007 I provided a thirty day notice to intention to vacate the
premises to the Plaintiff, Douglas L. Zook.
4. Douglas L. Zook brought a suit against me on August 20, 2007, filed with
Magisterial District Justice Richard J. Dougherty.
5. 1 completely moved out of the leased property on August 31, 2007.
6. I attended the hearing with Magisterial District Justice Richard J. Dougherty on
September 4, 2007.
7. I provided testimony and documentary evidence at the hearing.
8. Charlee Megee was present to represent Douglas L. Zook and provided testimony
and documentary evidence at the hearing.
9. Magisterial District Justice Richard J. Dougherty issued a judgment in my favor
on September 4, 2007.
4rK41 inr
Sworn to and subscribed before me
this f-)d day of
October, 2009
Member, Pennsvlvania Association of Notaries
IN THE COURT OF COMMON PLEAS LANCASTER COUNTY, PENNSYLVANIA
DOUGLAS L. ZOOK,
480 Running Pump Road
Lancaster, PA 17601
Plaintiff,
V.
RALPH KLINGER, JR
15 Fargreen Road
Camp Hill, PA 17011
And
MARY L. KLINGER
15 Fargreen Road
Camp Hill, PA 17011
Defendants.
CIVIL ACTION
No. 2009-05563
Civil Action - Law & Equity
CERTIFICATE OF SERVICE
I, Sarah E. McCarroll, an adult individual, hereby certify that I served a true and correct copy
of the attached Defendants ' Motion to Dismiss by first class United States mail, postage prepaid, on
November 9, 2009 to:
Michael Volk, Esq.
275 Cumberland Parkway, Suite 168
Mechanicsburg, PA 17055
Attorney for Plaintiff
Sarah E. McCarroll, Esq.
Gates, Halbruner, Hatch & Guise, PC
1013 Mumma Road, Suite 100
Lemoyne, PA 17044
717.731.9600
717.731.9627
S.mccarrollkgateslawfirm.com
n} T C i', ' RY
3j: '37
213EOV-`D pi
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
DOUGLAS L. ZOOK,
480 Running Pump Road
Lancaster, PA 17601
Plaintiff,
V
RALPH KLINGER, JR.
15 Fargreen Road
Camp Hill, PA 17070
and
MARY L. KLINGER
15 Fargreen Road
Camp Hill, PA 17070
Defendants.
§ CAUSE NUMBER: 09-5563
ORDINAL
PLAINTIFF'S ANSWER TO DEFENDANTS' MOTION FOR JUDGMENT ON THE
PLEADINGS
NOW COMES Douglas L. Zook, by and through his attorney, Michael Volk and respectfully
shows this Honorable Court the following:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. After reasonable investigation, Plaintiff is without knowledge of information sufficient to form
a belief as to the veracity of the averments contained within this paragraph. Therefore,
Plaintiff denies the averment and demands strict proof thereof.
7. After reasonable investigation, Plaintiff is without knowledge of information sufficient to form
a belief as to the veracity of the averments contained within this paragraph. Therefore, Plaintiff
denies the averment and demands strict proof thereof.
After reasonable investigation, Plaintiff is without knowledge of information sufficient to form
a belief as to the veracity of the averments contained within this paragraph. Therefore,
Plaintiff denies the averment and demands strict proof thereof.
9. After reasonable investigation, Plaintiff is without knowledge of information sufficient to form
a belief as to the veracity of the averments contained within this paragraph. Therefore,
Plaintiff denies the averment and demands strict proof thereof.
10. After reasonable investigation, Plaintiff is without knowledge of information sufficient to form
a belief as to the veracity of the averments contained within this paragraph. Therefore,
Plaintiff denies the averment and demands strict proof thereof.
11. Admitted.
12. Paragraph 12 contains averments of law, to which no response is necessary.
13. After reasonable investigation, Plaintiff is without knowledge of information sufficient to form
a belief as to the veracity of the averments contained within this paragraph. Therefore,
Plaintiff denies the averment and demands strict proof thereof By way of further answer,
Paragraph 13 contains averments of law, to which no response is necessary.
14. Paragraph 14 contains averments of law, to which no response is necessary.
15. After reasonable investigation, Plaintiff is without knowledge of information sufficient to form
a belief as to the veracity of the averments contained within this paragraph. Therefore,
Plaintiff denies the averment and demands strict proof thereof.
16. Denied as stated. Claims asserted under this cause of action did not exist at the time at which
the eviction action allegedly took place.
17. Paragraph 17 contains averments of law, to which no response is necessary. By way of further
response, Plaintiff denies the averment as stated. The claims asserted under this cause of action
did not exist at the time at which the eviction action allegedly took place.
18. Paragraph 18 contains averments of law, to which no response is necessary. By way of further
response, Plaintiff denies the averment as stated. The claims asserted under this cause of action
did not exist at the time at which the eviction action allegedly took place.
19. Paragraph 19 contains averments of law, to which no response is necessary. By way of further
response, Plaintiff denies the averment as stated. The claims asserted under this cause of action
did not exist at the time at which the eviction action allegedly took place.
20. After reasonable investigation, Plaintiff is without knowledge of information sufficient to form
a belief as to the veracity of the averments contained within this paragraph. Therefore,
Plaintiff denies the averment and demands strict proof thereof.
21. Admitted.
WHEREFORE, Plaintiff respectfully requests that the Court grant judgment in his favor as
pled in his complaint and against Defendants.
Respectfully Submit d;
Michael Volk
Attorney for Plaintiff Douglas L. Zook
Supreme Court I.D. Number: 88553
275 Cumberland Parkway, Suite 168
Mechanicsburg, PA 17055
Telephone: (717) 889- 5989
Facsimile: (717) 441-3803
Email: volklawoffice@gmail.com
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
DOUGLAS L. ZOOK, §
480 Running Pump Road §
Lancaster, PA 17601 §
Plaintiff, §
V. §
RALPH KLINGER, JR. §
15 Fargreen Road §
Camp Hill, PA 17070 §
and §
MARY L. KLINGER §
15 Fargreen Road §
Camp Hill, PA 17070 §
Defendants. §
CAUSE NUMBER: 09-5563
CERTIFICATE OF SERVICE
I certify that on the / S th day ofj , 2009, I sent VIA FIRST CLASS MAIL
a copy of Plaintiff's Answer to Defendants'Motion for Judgment on the Pleadings addressed to the
following:
Ms. Sarah E. McCarroll
C/O Gates, Hulbruner, Hatch & Gise, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
Michael Volk
Attorney for Douglas L. Zook
Supreme Court Identification No.: 88553
275 Cumberland Parkway, Suite 168
Mechanicsburg, PA 17055
Telephone: (717)889-5989
Facsimile: (717) 441-3803
Email. volklawoffice@gmail.com
ALED-OFFICE
DE THE PDO i F!" NOTARY
2009 NOY 19 Phi I : 4 9
PEi"1' ''?'ta
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY,
PENNSYLVANIA
DOUGLAS L. ZOOK, § CAUSE NUMBER: 09-5563
480 Running Pump Road §
Lancaster, PA 17601 §
Plaintiff, §
v. §
RALPH KLINGER, JR. §
15 Fargreen Road §
Camp Hill, PA 17070 §
and ORiGI AL
MARY L. KLINGER §
15 Fargreen Road §
Camp Hi11, PA 17070 §
Defendants. §
PRAECIPE TO CORRECT CLERICAL ERROR
TO THE PROTHONOTARY:
n O V
~. -T,
~,
E_~i~' + ~(
~ Crn'~7 CIl ~
.- ~
,
` -_ ~ O
r _,_, ~~ ~~'3
~'-~
~~ m
~ ~
w
.~-
Please include in the record for this matter Plaintiff's Verification of his Answer
and New Matter, which was inadvertently omitted .
~~
~~~ ~~
Date: / ~ Z ®~ ~
Respectfully submitte ,~
/~,~L ~~
.____
Michael Volk
Attorney for Plaintiff Douglas L. Zook
Supreme Court Identification No.: 88553
275 Cumberland Parkway, Suite 168
Mechanicsburg, PA 17055
Telephone: (717)889-5989
Facsimile: (717) 441-3803
Email: volklawoffice@gmail.com
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY,
PENNSYLVANIA
DOUGLAS L. ZOOK, §
480 Running Pump Road §
Lancaster, PA 17601 §
Plaintiff, §
v. §
RALPH KLINGER, JR. §
15 Fargreen Road §
Camp Hill, PA 17070 §
and §
MARY L. KLINGER §
15 Fargreen Road §
Camp Hill, PA 17070 §
Defendants. §
CAUSE NUMBER: 09-5563
VERIFICATION OF PLAINTIFF'S ANSWER TO DEFENDANTS'
NEW MATTER
I, Douglas L. Zook am the Plaintiff in this matter. I verify that the statements
contained in this Answer to Defendant's New Matter are true and correct to the best of
my knowledge. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S.A. 4904 relating to unsworn verification.
as ok
DOUGLAS L. ZOOK, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA
V.
RALPH KLINGER, JR.
AND MARY L. KLINGER,
DEFENDANTS NO. 09-5563 CIVIL
ORDER OF COURT
AND NOW, this 11th day of May, 2010, upon consideration of Defendants' Motion
to Compel Plaintiff to Answer Discovery Request,
IT IS HEREBY ORDERED AND DIRECTED that if the Parties are not capable of
resolving this matter, a hearing will be held on Thursday, July 22, 2010, at 9:00 a.m. in
Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania, at
which time the Court will review each proposed interrogatory and request for production
of documents. If the Court determines that either party has abused the Rules of Civil
Procedure with regard to the Discovery process appropriate sanctions will be imposed.
By the Court,
Michael Volk, Esquire
Attorney for Plaintiff
Sarah McCarroll, Esquire
Attorney for Defendants
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DOUGLAS L. ZOOK, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA
V.
RALPH KLINGER, JR.
AND MARY L. KLINGER,
DEFENDANTS NO. 09-5563 CIVIL
ORDER OF COURT
AND NOW, this 28th day of May, 2010, there being a conflict with the Court's
schedule for the hearing previously set in this matter,
IT IS HEREBY ORDERED AND DIRECTED that the hearing currently scheduled
for Thursday, July 22, 2010, at 9:00 a.m. is rescheduled to Friday, July 30, 2010, at 9:00
a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court,
Michael Volk, Esquire
Attorney for Plaintiff
well Gates, Esquire
Attorney for Defendants
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DOUGLAS L. ZOOK
480 Running Pump Road
Lancaster, PA 17601,
Plaintiff
V.
RALPH KLINGER, JR.
15 Fargreen Road
Camp Hill, PA 17011
AND
. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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CIVIL ACTION - LAW & EQUITY
NO. 09-5563 CIVIL TERM
MARY L. KLINGER
15 Fargreen Road.
Camp Hill, PA 17011,
Defendants
IN RE: MOTION TO COMPEL DISCOVERY
ORDER OF COURT
AND NOW, this 30th day of July, 2010, this being
the time and place set for a hearing on the Defendants'
Motion to Compel Plaintiff to answer discovery requests, and
after stipulation by the parties, IT IS HEREBY ORDERED AND
DIRECTED that the stipulations outlined in the testimony
taken during the hearing this date shall be made an order of
court.
By the Court,
/ Michael Volk, Esquire
For the Plaintiff
~ Lowell R. Gates, Esquire
For the Defendants
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Gates, Halbruner, Hatch & Guise P.C.
By: Lowell R. Gates, Esquire
PA Attorney ID No. 46779
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600 telephone
(717) 731-9627 facsimile
I.r.gates _gateslawfirm.com
Attorneys for Defendants
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOUGLAS L. ZOOK,
480 Running Pump Road
Lancaster, PA 17601
Plaintiff,
CIVIL DIVISION -LAW
NO. 2009-05563 CIVIL TERM
v.
RALPH KLINGER, JR.
15 Fargreen Road
Camp Hill, PA 17011
v
MARY L. KLINGER ,
15 Fargreen Road .
Camp Hill, PA 17011 .
Defendants. .
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Lowell R. Gates, Esquire of Gates, Halbruner,
Hatch & Guise P.C. as the attorney of record for Defendants, Ralph Klinger, Jr, and
Mary L. Klinger, individually.
it
Respectfully submitted,
GATES, HALBR~dN-~R & HATCH, P.C.
Date: July 29, 2010 gy;
R~Gates, Esquire
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY,
PENNSYLVANIA
DOUGLAS L. ZOOK, § CAUSE NUMBER: 09-5563
480 Running Pump Road §
Lancaster, PA 17601 §
Plaintiff, §
V. §
RALPH KLINGER, JR.
.
A
ORO
1 Far green green Road §
Camp Hill, PA 17070 §
§
and §
MARY L. KLINGER §
15 Fargreen Road §
Camp Hill, PA 17070 §
Defendants. §
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please discontinue the above styled and numbered cause of action.
Respectfully Submitte
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Michael Volk
Attorney for Plaintiff Douglas L. Zook
Supreme Court I.D. Number: 88553
275 Cumberland Parkway, Suite 168
Mechanicsburg, PA 17055
Telephone: (717) 889- 5989
Facsimile: (717) 441-3803
Email: volklawoffice@gmall.com
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY,
PENNSYLVANIA
DOUGLAS L. ZOOK, §
480 Running Pump Road §
Lancaster, PA 17601 §
Plaintiff, §
V. §
RALPH KLINGER, JR. §
15 Fargreen Road §
Camp Hill, PA 17070 §
and §
MARY L. KLINGER §
15 Fargreen Road §
Camp Hill, PA 17070 §
Defendants. §
CAUSE NUMBER: 09-5563
CERTIFICATE OF SERVICE
I certify that on the 3 C) th day of ;qzv 40^•. , 2009, 1 sent VIA FIRST
CLASS MAIL a copy of Plaintiff's Praecipe t Discontinue, addressed to the following:
Gates, Halbruner, Hatch & Gise, P.C.
ATTN: Mr. Lowell Gates, Esq.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
Respectfully Submitte
Michael Volk
Attorney for Plaintiff Douglas L. Zook
Supreme Court I.D. Number: 88553
275 Cumberland Parkway, Suite 168
Mechanicsburg, PA 17055
Telephone: (717) 889- 5989
Facsimile: (717) 441-3803
Email: volklawoffice@gmail.com