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Home My WebLink About09-5636 George M. CORNWALL, Dba POC Properties, LLC Plaintiff, VS. Ashley S. Sultzaberger & Chris Roe AKA Christian Childers Defendants : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 09-436 CIVIL TERM In Landlord Tenant Matters PETITION FOR IMMEDIATE POSSESSION AND ORDER FOR IMMEDIATE EVICTION AND NOW comes Respondent, George M. Cornwall, the above Plaintiff, herein "Landlord", appearing Pro-Se, and concerning the premises at 10 Orange Street Unit B, Mount Holly Springs, PA 17065, avers as follows: 1. On or about January 5, 2009, Landlord entered into a Residential lease with Ms. Sultzaberger, hereinafter "Tenant", for term rental of the subject premises through January 31, 2010. 2. The lease provided for the payment of security deposits, additional pet deposits, a month to month rental of $1,100 monthly and a lease rate of $1,050, monthly and for a daily late fee of $15. 3. "Tenant" has never paid monthly rentals in accordance with the lease terms, nor have payment plans attempting to get tenant caught up to and thereafter in accordance with the lease, been met either. Rather a series -1- of special payment agreements which been required since the inception of the lease, have been defaulted upon as well. She has made no attempt to make any, even partial rent payments since May, 2009 seemingly thinking that her status as an u nmarried unemployed welfare mother of four entitled her to live rent free indefinitely, thinking that "landlord" had personal legal problems that rendered him unable to seek the assistance of the courts, and said as much in often heated discussions about rent arrearages. She repeatedly fails to keep appointments to discuss payment arrangements, and is often verbally abusive and threatening. 4. In March the first of several written or oral notices to vacate the premises were served. All such notices have been willfully ignored. Several are attached as exhibits. Her sometimes live in companion is even more threatening, profane and abusive. 5. Ms. Sultzaberger has maintained that the Pennsylvania Welfare Department is willing to pay partial rent as is PA DOL Career Link, but in order to obtain that payment Landlord is required to miss-state the amount of the rent. Tenant specifically directed me to do so in order to obtain the rent payment. I refused to do so. In conversations with two welfare caseworkers Landlord was informed that Ms. Sultzaberger was not eligible for assistance because she was cohabiting with her boy friend who refuses to pay child support, and had lied both about the amount of the -2- rent and the amount of the arrearage. Further, that the assistance if any would be one time, not on going, and limited to a maximum of $400. 6. The Tenants have repeatedly violated terms of the lease in several ways a. 1. They refuse to report the presence and identity of "Chris Roe" to i. Landlord ii. The Borrough of Mt. Holly Springs as required by Borough Ordinance iii. The Pennsylvania Department of Welfare. b. Tenant has physically and verbally assaulted Landlord and struck me with a weapon. This matter was reported to the Mt. Holly Police but they refused to Cite Ms. Sultzaberger. It should be noted that I am Sixty-Five (65) years of age while Ms. Sultzaberger is twenty-four (24); "Chris Roe" appears to be somewhat younger still. c. Tenant "Roe" is believed to have an extensive criminal record, and has repeatedly refused to be named as a tenant or co-signer on the lease, yet he frequently asserts that he is in fact a tenant although save one single payment of $300 refuses to pay rent. He has repeatedly burglarized by uninvited entry into my secondary residence at 10 C Orange Street. He is believed to be a professional child support scofflaw and sees nothing at all wrong with being four months behind in the rent and trashing the premises with three of his allegedly many illegitimate kids. -3- d. Tenants also have a pit bull which they keep inside the unit despite a requirement that it be kept on the outdoor patio when they are not present in the unit. 7. Rent In Arrears The rent is currently in arrears for the following months; MONTH Amount Late Fees Total MAY 1050 1800 2850 JUNE 1050 1350 2400 JUL 1050 900 1950 AUGUST 1050 450 1500 $4,200 $4,500 $8,700 8. Excess Wear and Tear. Tenant has failed to pay a repair bill to laundry equipment required by abuse of the laundry equipment. This amounts to $110 plus $35 in accumulated late fees. These units were built in 2006 and were in generally excellent condition prior to this tenant moving in. However excess wear and tear is obvious even from the exterior. We reserve the right to set a final figure but estimate extraordinary damages in the amount of $1,200 will be incurred over and above security deposits, for a total of $1,345. This amount will be adjusted to actual based on inspection of the premises. -4- 9. Legal fees to present this claim appear at hearings, perfect, and collect on any judgments awarded and to pay for the services of a constable are estimated at $700.00, subject to correction to actual costs incurred. Additionally, filing fees of $78.50 have been incurred, total $778.50. 10. Change of locks. In the event keys and garage door opener remotes are not returned these will have to be replaced again for the account of the tenant. This cost is estimated at $400.00. 11. Damages Landlord is entitled to compensation for loss of use of the property since July 1, 2009 at the rate of $1500 per month or portion thereof. Claim is therefore asserted in the amount of $3,000 for two months loss of use. This period coincides with the arrival in the area of the new class of the Army War College, a prime source of quality tenants. 12. Rent for balance of Lease term. The lease provides that the rent for the balance of the lease is payable if the lease is broken or tenant is evicted for cause. Therefore rent is nevertheless due for September through December 2009 at the rate of $1,050 per month for a total of $4,200. 13. Summary of Monetary Amounts These amounts are estimates as of the date of the complaint and are subject to adjustment at time of order or time of gaining possession of premises. NO Item Amount 1. Rent Arrears & LF $8,700 -5- 2. Excess wear & Tear 1345 3. Legal fees 778.50 4. Change of Locks 400 5. Loss of use 3000 6. Balance of Lease term 4200 $18,423.50 WHEREFORE, Defendant hereby moves that this Honorable Court grant immediate possession of the premises to the Landlord and award judgment in the amounts claimed Totaling $18,423.50 and provide such additional relief as the Court may deem appropriate. Respectfully Submitted, '44? 7 George M. Cornwall Dated this 9th day of August, 2009 -6- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. Date: August 9, 2009 George M. Cornwall -8- FILED-t FICE OF THE FOTTARY M9 AUG 13 AM !Q= 45 x.11 ? CUMDEJ-RLA?f {.:ViY PENNSYLVti 478.50 Po 147011 ?,K# PslcA yLi (&Rao P.?# 2 -Oq ?i XGF iaR' 9 GEORGE M. CORNWALL, IN THE COURT OF COMMON PLEAS OF POC PROPERTIES, LLC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ASHLEY S. SULTZABERGER NO. 2009 - 5636 CIVIL TERM AND CHRIS ROE AKA CHRISTINA CHILDERS JOY IN RE: LANDLORD TENANT ORDER OF COURT AND NOW, this 2I sT day of AUGUST, 2009, the Court being unaware of any procedure by which we can issue an ex parte order for possession and monetary damages, the Petition for Immediate Possession and Order for Immediate Eviction is DENIED. Edward E. Guido, J. '- George Cornwall /Ashley S. Sultzaberger ,./XChristian Joy sld iES erj?at LCL S?o9 Fl LED-CIF tvE OF THE P"I THIO ld7ARY 2009 AUG 25 PM 12= 54 George M. CORNWALL, Dba POC Properties, LLC Plaintiff, VS. Ashley S. Sultzaberger & Chris Roe AKA Christian Joy Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5636 CIVIL TERM In Landlord Tenant Matters AMMENDED PE i i T'ON FOR EMERGENCY HEARING ON REQUEST FOR ORDER OF EVICTION AND IMMEDIATE POSSESSION AND NOW comes George M. Cornwall, the above Plaintiff, herein "Landlord", appearing Pro-Se, and concerning the premises at 10 Orange Street Unit B, Mount Holly Springs, PA 17065, avers as follows: 1. On or about January 5, 2009, Landlord entered into a Residential lease with Ms. Sultzaberger, hereinafter "Tenant", for term rental of the subject premises through January 31, 2010. The other defendant, believed to be named "Christian Joy", herein after "Joy" resides in the unit and holds himself to be a tenant with all of the rights and privileges thereof but refuses to sign the lease document, or otherwise indicate a willingness to be bound by the terms and conditions contained therein. He has once -1- paid a token amount of rent, and has twice promised, but never actually paid, various other sums as rent or damages. 2. The lease provides for the payment of security deposits, additional pet deposits, a month to month rental rate of $1,100 monthly and a lease rate of $1,050, monthly and for a daily late fee of $15. 3. "Tenant" has never paid monthly rentals in accordance with the lease terms, nor have payment plans attempting to get tenant caught up to and thereafter in accordance with the lease, been met either. Rather a series of special payment agreements which been required since the inception of the lease, have been defaulted upon as well. 4. In March, 2009 the first of several written or oral notices to vacate the premises were served. All such notices have been willfully ignored. The most recent of these was dated August 1, 2009 and demanded that the premises be vacated on or before August 10t". A copy of this document was thrown on the drive in front of the unit, but this notice was not otherwise acknowledged. 5. Ms. Sultzaberger had maintained that The Pennsylvania Welfare department was willing to pay partial rent of either $300 or $400 as was Career Link. However, in order to obtain that payment "Landlord" would have been required to miss-state the amount of the rent. Tenant specifically directed "Landlord" to do so in order to obtain the rent payment. "Landlord" contacted the Welfare Caseworker, and was -2- informed that the prospective payments were "One Time" assistance to avoid foreclosure. When I disclosed the amount of the arrearage and the amount of the rent, the caseworker said they doubted any payment would be forthcoming. "Landlord" was subsequently informed by a supervisory caseworker that no payment would be forthcoming. Further that had a payment been made and they were nevertheless evicted, I might be forced to return the payment. 6. Thereafter, the tenants cite my refusal to misstate the rent to the Welfare department as grounds for continuing to refuse to rent. They refuse to make any payments on the rent of any kind although they manage to enjoy a new car and a lavish TV system. "Landlord" is in jeopardy of losing the property because of unpaid taxes in amounts less than the rent arrearages. 7. The Tenants have repeatedly violated terms of the lease in several ways a. 1. They refuse to report the presence of "Christian Joy" to i. Landlord ii. The Landlord is required to report tenant names to the Borough of Mt. Holly Springs by Borough Ordinance iii. The Pennsylvania Department of Welfare makes frequent inquiries as to whether or not "Roe" is present. Tenant instructs me to answer in the negative which is not true. -3- b. Tenant has physically and verbally assaulted Landlord and struck me with a weapon. This matter was reported to the Mt. Holly Police but Chief Goodhart of The Mount Holly Police refused to Cite Ms. Sultzaberger. It should be noted that I am Sixty-Five (65) years of age while Ms. Sultzaberger is twenty-four (24). c. Tenant "Roe" is believed to have an extensive criminal record, and has repeatedly refused to be named as a tenant or co-signer on the lease, yet he frequently asserts that he is in fact a tenant although save one single payment of $300 refuses to pay rent. He has repeatedly burglarized by uninvited entry my secondary residence at 10 C Orange Street. He is a professional child support scofflaw and sees nothing at all wrong with being four months behind in the rent and trashing the premises with his three illegitimate kids. d. Tenants have a pit bull which they keep inside the unit despite a requirement that it be kept on the outdoor patio when they are not present in the unit. The filth and other physical damage to the room in question are beyond belief. e. Damage to the property includes one entire wall covered in crayon markings, damage to window coverings, a ruined patio screen door, and doubtless numerous other damages pending a final inspection. 8. Rent In Arrears The rent is currently in arrears for the following months; Late fees are calculated at $15 per day -4- MONTH Amount Late Fees Total April 0 840 840 MAY 1050 1800 2850 JUNE 1050 1350 2400 JUL 1050 900 1950 AUGUST 1050 450 1500 $4,200 $5,340 $9,540 9. Excess Wear and Tear. Tenant has failed to pay a repair bill for service to laundry equipment required by abuse of the laundry equipment. This amounts to $110 plus $35 in accumulated late fees. These units were built in 2006 and were in generally excellent condition prior to this tenant moving in. However excess wear and tear is obvious even from the exterior. We reserve the right to set a final figure but estimate extraordinary damages in the amount of $1,200 will be incurred over and above security deposits, for a total of $1,345. This amount will be adjusted to actual based on inspection of the premises. 10. Legal fees to present this claim appear at hearings, perfect, and collect on any judgments awarded and to pay for the services of a constable are estimated at $700.00, subject to correction to actual costs incurred. 11. All of the actions enumerated above are specifically proscribed in the lease. -5- 12. Change of locks. In the event keys and garage door opener remotes are not returned these will have to be replaced again for the account of the tenant. This cost is estimated at $400.00 13. Damages Landlord is entitled to compensation for loss of use of the property since July 1, 2009 at the rate of $1500 per month or portion thereof. Claim is therefore asserted in the amount of $3,000 for two months loss of use. 14. Rent for balance of Lease term. The lease provides that the rent for the balance of the lease is payable if the lease is broken or tenant is evicted for cause. Therefore rent is nevertheless due for September through December 2009 at the rate of $1,050 per month, total of $4,200. 15. Summary of MonetaKy Amounts These amounts are estimates as of the date of the complaint and are subject to adjustment at time of order or time of gaining possession of premises. NO Item Amount 1. Rent Arrears & LF $ 9,540 2. Excess wear & Tear 1,345 3. Legal fees 700 4. Change of Locks 400 5. Loss of use 3,000 6. Balance of Lease term 41200 $19,185.00 -6- WHEREFORE, Defendant hereby moves that this Honorable Court grant immediate possession of the premises to the Landlord and award judgment against "Tenant" and "Joy", jointly and severally, in the amounts claimed totaling $19,185 and provide such additional relief as the Court may deem appropriate. Positive measures to assure the tenant and ""Joy" are required to maintain contact with the Landlord or this Court are additionally requested. For the information of the Court, at 9% interest, a monthly payment of $320.46 would retire a debt of $19,185 in five years. Respectfully Submitted, George M. Cornwall Dated this 29"' day of August, 2009 -7- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. Date: August 29, 2009 George M. Cornwall -9- OF Thy 1''' w ...4c.1I?Y 2M AUG 31 h !z: 15 C •?k? ?y?"r1l;yh•.r? GEORGE M. CORNWALL, IN THE COURT OF COMMON PLEAS OF POC PROPERTIES, LLC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ASHLEY S. SULTZABERGER NO. 2009 - 5636 CIVIL TERM AND CHRIS ROE AKA CHRISTINA CHILDERS JOY IN RE: LANDLORD TENANT ORDER OF COURT AND NOW, this 2ND day of SEPTEMBER, 2009, the Petitioner's Request for an exparte order of possession and money damages is DENIED, without prejudice. Until a complaint is properly filed and served in accordance with the Pa. Rules of Civil Procedure, we cannot address these issues raised in the petition. By th _ urt, Edward E. Guido, J. I' George Cornwall ? Ashley S. Sultzaberger "C istian Joy :sld cof i'es rrs,*a t LCL FIL- I- OF THE ?oC9 SE P 3 A*,ri : 5 i George M. CORNWALL, Dba POC Properties, LLC Plaintiff, VS. Ashley S. Sultzaberger & Chris Roe AKA Christian Joy Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5636 CIVIL TERM LANDLORD AND TENANT PETITION LANDLORD AND TENANT PETITION AND MOTION SEEKING JUDGEMENT TOGETHER WITH COSTS FOR THE IMMEDIATE POSSESSION OF RESIDENTIAL REAL PROPERTY TOGETHER WITH MONETARY DAMAGES AND NOW comes George M. Cornwall, the above Plaintiff, herein "Landlord", appearing Pro-Se, and concerning the premises at 10 Orange Street Unit B, Mount Holly Springs, PA 17065, AND having previously filed a complaint in this matter, avers as follows: 1. On or about January 5, 2009, Landlord entered into a Residential lease with Ms. Sultzaberger, hereinafter "Tenant", for term rental of the subject premises through January 31, 2010. The other defendant, believed to be named "Christian Joy", herein after "Joy" resides in the unit and holds himself to be a tenant with all of the rights and privileges thereof but refuses to sign the lease document, or otherwise indicate a willingness to be bound by the terms and conditions contained therein. He has once -2- paid a token amount of rent, and has twice promised, but never actually paid, various other sums as rent or damages. 2. The lease provides for the payment of security deposits, additional pet deposits, a month to month rental rate of $1,100 monthly and a lease rate of $1,050, monthly and for a daily late fee of $15. 3. "Tenant" has never paid monthly rentals in accordance with the lease terms, nor have payment plans attempting to get tenant caught up to and thereafter in accordance with the lease, been met either. Rather a series of special payment agreements which been required since the inception of the lease, have been defaulted upon as well. 4. In March, 2009 the first of several written or oral notices to vacate the premises were served. All such notices have been willfully ignored. The most recent of these was dated August 1, 2009 and demanded that the premises be vacated on or before August 10th. A copy of this document was thrown on the drive in front of the unit, but this notice was not otherwise acknowledged. 5. Ms. Sultzaberger had maintained that The Pennsylvania Welfare department was willing to pay partial rent of either $300 or $400 as was Career Link. However, in order to obtain that payment "Landlord" would have been required to miss-state the amount of the rent. Tenant specifically directed "Landlord" to do so in order to obtain the rent payment. "Landlord" contacted the Welfare Caseworker, and was -3- informed that the prospective payments were "One Time" assistance to avoid foreclosure. When I disclosed the amount of the arrearage and the amount of the rent, the caseworker to whom "landlord" was referred by "tenant" said they (PA Welfare) doubted any payment would be forthcoming. "Landlord" was subsequently informed by a supervisory caseworker that no payment would be forthcoming. Further that had a payment been made and they were nevertheless evicted, I might be forced to return the payment. 6. Thereafter, the tenants cite my refusal to miss-state the amount of rent to the Welfare department as grounds for continuing to refuse to rent. They refuse to make any payments on the rent of any kind although they manage to enjoy a new car and a lavish TV system. "Landlord" is in jeopardy of losing the property because of unpaid taxes in amounts less than the rent arrearages. 7. The Tenants have repeatedly violated terms of the lease in several ways a. 1. They refuse to report the presence of "Christian Joy" to i. Landlord ii. The Landlord is required to report tenant names to the Borough of Mt. Holly Springs by Borough Ordinance iii. The Pennsylvania Department of Welfare makes frequent inquiries as to whether or not "Roe" is present. Tenant instructs me to answer in the negative which is not true. -4- b. Tenant has physically and verbally assaulted Landlord and struck me with a weapon. This matter was reported to the Mt. Holly Police but Chief Goodhart of The Mount Holly Police refused to cite Ms. Sultzaberger. It should be noted that I am Sixty-Five (65) years of age while Ms. Sultzaberger is twenty-four (24). c. Tenant "Roe" is believed to have an extensive criminal record, and has repeatedly refused to be named as a tenant or co-signer on the lease, yet he frequently asserts that he is in fact a tenant although save one single payment of $300 refuses to pay rent. He has repeatedly burglarized by uninvited entry my secondary residence at 10 C Orange Street. He is a professional child support scofflaw and sees nothing at all wrong with being four months behind in the rent and trashing the premises with his three illegitimate kids. d. Tenants have a pit bull which they keep inside the unit despite a requirement that it be kept on the outdoor patio when they are not present in the unit. The filth and other physical damage to the room in question are beyond belief. e. Damage to the property includes one entire wall covered in crayon markings, damage to window coverings, a ruined patio screen door, and doubtless numerous other damages pending a final inspection. 8. Rent In Arrears The rent is currently in arrears for the following months; late fees are calculated at $15 per day, through August 31, 2009. -5- Late fees accrue at the rate of $75 per day for the five months of arrearage from September 1, 2009. MONTH Amount Late Fees Total April 0 840 840 MAY 1050 1845 2895 JUNE 1050 1350 2400 JUL 1050 930 1980 AUGUST 1050 465 1515 SEPTEMBER 1050 0 1050 $ 5,250 $5,430 $10,680 9. Excess Wear and Tear. Tenant has failed to pay a repair bill for service to laundry equipment required by abuse of the laundry equipment. This amounts to $110 plus $35 in accumulated late fees. These units were built in 2006 and were in generally excellent condition prior to this tenant moving in. However excess wear and tear is obvious even from the exterior. We reserve the right to set a final figure but estimate extraordinary damages in the amount of $1,200 will be incurred over and above security deposits, for a total of $1,345. This amount will be adjusted to actual based on inspection of the premises. -6- 10. Legal fees to present this claim appear at hearings, perfect, and collect on any judgments awarded and to pay for the services of a constable are estimated at $700.00, subject to correction to actual costs incurred. 11. All of the actions enumerated above are specifically proscribed in the lease. 12. Change of locks. In the event keys and garage door opener remotes are not returned these will have to be replaced again for the account of the tenant. This cost is estimated at $400.00 13. Damages Landlord is entitled to compensation for loss of use of the property since July 1, 2009 at the rate of $1,500 per month or portion thereof. Claim is therefore asserted in the amount of $3,000 for two months loss of use. 14. Rent for balance of Lease term. The lease provides that the rent for the balance of the lease is payable if the lease is broken or tenant is evicted for cause. Therefore rent is nevertheless due for October through December 2009 at the rate of $1,050 per month, for a total of $3,150. -7- 15. Summary of Damages and Costs These amounts are estimates as of the date of the complaint and are subject to adjustment at time of order or time of gaining possession of premises. NO Item Amount 1. Rent Unpaid & Late Fees $ 10,680 2. Excess wear & Tear 1,345 3. Legal fees 700 4. Change of Locks 400 5. Unjust Detention of the leased premises 3,000 6. Balance of Lease term as provided for in the lease 3,150 $19,275.00 WHEREFORE, Defendant hereby moves for an immediate hearing on this matter and at that time and place prays that this Honorable Court grant immediate possession of the premises to the Landlord and award judgment against "Tenant" and "Joy", jointly and severally, in the amounts claimed totaling $19,275 and provide such additional relief as the Court may deem appropriate. Positive measures to assure the tenant and "Joy" are required to maintain contact with the Landlord or this Court is additionally requested. -8- For the information of the Court, at 9% interest, a monthly payment of approximately $330.46 would retire a debt of $19,275 in five years. Respectfully Submitted, George M. Cornwall Dated this 3rd day of September, 2009 -9- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. Date: September 3, 2009 6 ?l 21?{ - 7-1 George M. Cornwall -10- OF THE X11 -fH'-.' lOTI?RY 2009 SEP -4 Ah Its: 4 i FENF? §?[WV IA 7 George M. CORNWALL, Dba POC Properties, LLC Plaintiff, VS. Ashley S. Sul zaberger & Chris Roe AKA Christian Soy Defendants : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5636 CIVIL TERM LANDLORD AND TENANT COMPLAINT 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 George M. CORNWALL, Dba POC Properties, LLC Plaintiff, VS. Ashley S. Sultzaberger & Chris Roe AKA Christian Joy Defendants : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5636 CIVIL TERM LANDLORD AND TENANT COMPLAINT LANDLORD AND TENANT COMPLAINT SEEKING JUDGEMENT TOGETHER WITH COSTS FOR THE IMMEDIATE POSSESSION OF RESIDENTIAL REAL PROPERTY TOGETHER WITH MONETARY DAMAGES AND NOW comes George M. Cornwall, the above Plaintiff, herein "Landlord", appearing Pro-Se, and concerning the premises at 10 Orange Street Unit B, Mount Holly Springs, PA 17065, avers as follows: 1. On or about January 5, 2009, Landlord entered into a Residential lease with Ms. Sultzaberger, hereinafter "Tenant", for term rental of the subject premises through January 31, 2010. The other defendant, believed to be named "Christian Joy", herein after "Joy" resides in the unit and holds himself to be a tenant with all of the rights and privileges thereof but refuses to sign the lease document, or otherwise indicate a willingness to be bound by the terms and conditions contained therein. He has once -1- paid a token amount of rent, and has twice promised, but never actually paid, various other sums as rent or damages. 2. The lease provides for the payment of security deposits, additional pet deposits, a month to month rental rate of $1,100 monthly and a lease rate of $1,050, monthly and for a daily late fee of $15. 3. "Tenant" has never paid monthly rentals in accordance with the lease terms, nor have payment plans attempting to get tenant caught up to and thereafter in accordance with the lease, been met either. Rather a series of special payment agreements which been required since the inception of the lease, have been defaulted upon as well. 4. In March, 2009 the first of several written or oral notices to vacate the premises were served. All such notices have been willfully ignored. The most recent of these was dated August 1, 2009 and demanded that the premises be vacated on or before August 10th. A copy of this document was thrown on the drive in front of the unit, but this notice was not otherwise acknowledged. 5. Ms. Sultzaberger had maintained that The Pennsylvania Welfare department was willing to pay partial rent of either $300 or $400 as was Career Link. However, in order to obtain that payment "Landlord" would have been required to miss-state the amount of the rent. Tenant specifically directed "Landlord" to do so in order to obtain the rent payment. "Landlord" contacted the Welfare Caseworker, and was -2- informed that the prospective payments were "One Time" assistance to avoid foreclosure. When I disclosed the amount of the arrearage and the amount of the rent, the caseworker to whom "landlord" was referred by "tenant" said they (PA Welfare) doubted any payment would be forthcoming. "Landlord" was subsequently informed by a supervisory caseworker that no payment would be forthcoming. Further that had a payment been made and they were nevertheless evicted, I might be forced to return the payment. 6. Thereafter, the tenants cite my refusal to miss-state the amount of rent to the Welfare department as grounds for continuing to refuse to rent. They refuse to make any payments on the rent of any kind although they manage to enjoy a new car and a lavish TV system. "Landlord" is in jeopardy of losing the property because of unpaid taxes in amounts less than the rent arrearages. 7. The Tenants have repeatedly violated terms of the lease in several ways a. 1. They refuse to report the presence of "Christian Joy" to i. Landlord ii. The Landlord is required to report tenant names to the Borough of Mt. Holly Springs by Borough Ordinance iii. The Pennsylvania Department of Welfare makes frequent inquiries as to whether or not "Roe" is present. Tenant instructs me to answer in the negative which is not true. -3- b. Tenant has physically and verbally assaulted Landlord and struck me with a weapon. This matter was reported to the Mt. Holly Police but Chief Goodhart of The Mount Holly Police refused to cite Ms. Sultzaberger. It should be noted that I am Sixty-Five (65) years of age while Ms. Sultzaberger is twenty-four (24). c. Tenant "Roe" is believed to have an extensive criminal record, and has repeatedly refused to be named as a tenant or co-signer on the lease, yet he frequently asserts that he is in fact a tenant although save one single payment of $300 refuses to pay rent. He has repeatedly burglarized by uninvited entry my secondary residence at 10 C Orange Street. He is a professional child support scofflaw and sees nothing at all wrong with being four months behind in the rent and trashing the premises with his three illegitimate kids. d. Tenants have a pit bull which they keep inside the unit despite a requirement that it be kept on the outdoor patio when they are not present in the unit. The filth and other physical damage to the room in question are beyond belief. e. Damage to the property includes one entire wall covered in crayon markings, damage to window coverings, a ruined patio screen door, and doubtless numerous other damages pending a final inspection. 8. Rent In Arrears The rent is currently in arrears for the following months; late fees are calculated at $15 per day, through August 31, 2009. -4- Late fees accrue at the rate of $75 per day for the five months of arrearage from September 1, 2009. MONTH Amount Late Fees Total April 0 840 840 MAY 1050 1845 2895 JUNE 1050 1350 2400 JUL 1050 930 1980 AUGUST 1050 465 1515 SEPTEMBER 1050 0 1050 $ 5,250 $5,430 $10,680 9. Excess Wear and Tear. Tenant has failed to pay a repair bill for service to laundry equipment required by abuse of the laundry equipment. This amounts to $110 plus $35 in accumulated late fees. These units were built in 2006 and were in generally excellent condition prior to this tenant moving in. However excess wear and tear is obvious even from the exterior. We reserve the right to set a final figure but estimate extraordinary damages in the amount of $1,200 will be incurred over and above security deposits, for a total of $1.345. This amount will be adjusted to actual based on inspection of the premises. -5- 10. Legal fees to present this claim appear at hearings, perfect, and collect on any judgments awarded and to pay for the services of a constable are estimated at $700.00, subject to correction to actual costs incurred. 11. All of the actions enumerated above are specifically proscribed in the lease. 12. Change of locks. In the event keys and garage door opener remotes are not returned these will have to be replaced again for the account of the tenant. This cost is estimated at $400.00 13. Damages Landlord is entitled to compensation for loss of use of the property since July 1, 2009 at the rate of $1,500 per month or portion thereof. Claim is therefore asserted in the amount of $3,000 for two months loss of use. 14. Rent for balance of Lease term. The lease provides that the rent for the balance of the lease is payable if the lease is broken or tenant is evicted for cause. Therefore rent is nevertheless due for October through December 2009 at the rate of $1,050 per month, for a total of $3,150. 15. Summary of Damages and Costs These amounts are estimates as of the date of the complaint and are subject to adjustment at time of order or time of gaining possession of premises. NO Item Amount 1. Rent Unpaid & Late Fees $ 10,680 2. Excess wear & Tear 1,345 -6- 3. Legal fees 700 4. Change of Locks 400 5. Unjust Detention of the leased premises 3,000 6. Balance of Lease term as provided for in the lease 3,150 $19,275.00 WHEREFORE, Defendant hereby requests an immediate hearing on this matter and at that time and place prays that this Honorable Court grant immediate possession of the premises to the Landlord and award judgment against "Tenant" and "Joy", jointly and severally, in the amounts claimed totaling $19,275 and provide such additional relief as the Court may deem appropriate. Positive measures to assure the tenant and "Joy" are required to maintain contact with the Landlord or this Court is additionally requested. For the information of the Court, at 9% interest, a monthly payment of $330.46 would retire a debt of $19,275 in five years. Respectfully Submitted, George M. Cornwall Dated this 3rd day of September, 2009 -7- ORDER The Plaintiffs PETITION FOR return of the Possession of the premises at 10 Orange Street Unit B, Mt Holly Springs, PA 17065 is Granted with effect as of the -St day of September August, 2009, and Landlord is awarded Monetary damages against Ashley Sultzaberger and Chris Roe, AKA Christian Joy, Jointly and Severally, in the amount of $19,275 plus costs of ENFORCEMENT and interest at the rate of 9% or the maxim rate allowed by statute whichever is lower. Defendants shall each be required to keep the Landlord and this Court informed at all times at to their true and correct address, telephone and e-mail contacts, and the true and correct names of their employers and contact information for each employer. Additionally, The Court imposes the following supplemental sanction: If the defendants do not make reasonable progress, (Monthly payments on time, using an amortization rate of not more than 5 years), in retiring this debt; that the defendants shall be directed by the Court to a credit counseling service, the expense of the service, if any, will be borne by the defendants. They shall thereafter provide evidence of such counseling and progress to this Court at least quarterly. This order and the related obligations may not be discharged in bankruptcy without permission of this court. Dated this _rd day of September, 2009 Judge Cumberland County Commonwealth of Pennsylvania -8- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. Date: August 29, 2009 George M. Cornwall -9- FI -ut F21 OF TIE PROTHn-NQT 209 SEP -4 AM 9: 0 9 PENNSYLVANIA } -4 George M. CORNWALL, Dba POC Properties, LLC Plaintiff, VS. Ashley S. Sultzaberger & Chris Roe AKA Christian Joy Defendants : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5636 CIVIL TERM LANDLORD AND TENANT COMPLAINT (IRIE91-iLl 4:J401-4Z" U) WIL Eel k' 14 OXA101-UlAct AND NOW comes George M. Cornwall, the above Plaintiff, herein "Landlord", appearing Pro-Se, and concerning the premises at 10 Orange Street Unit B, Mount Holly Springs, PA 17065, AND having previously filed a complaint in this matter, avers and swears as follows: 1. On or about September 4, 2009, Landlord did effect service of the above captioned complaint by hand delivery and /or mailing by First Class Mail postage prepaid a conformed copy of the complaint together with a copy of the required "Notice to Defend, to each of the named defendants captioned above. -1- 49 Respectfully Submitted, George M. Cornwall Dated this 4rd day of September, 2009 -2- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. Date: September 4, 2009 George M. Cornwall -3- Cf lp SEA' ", i?? GEORGE M. CORNWALL, POC PROPERTIES, LLC Plaintiff V. ASHLEY S.SULTZABERGER AND CHRIS ROE AKA CHRISTINA CHILDERS JOY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 5636 CIVIL TERM : IN RE: LANDLORD TENANT IN RE: PETITIONER'S SECOND REQUEST ORDER OF COURT AND NOW, this 10TH day of SEPTEMBER, 2009, the Petitioner's Second Request for an exparte order of possession and money damages is DENIED, without prejudice. Until a complaint is properly filed and served in accordance with the Pa. Rules of Civil Procedure, we cannot address these issues raised in the petition. Edward E. Guido, J. George Cornwall - POU ft LLL, hAc.xcL ?Ashley S. Sultzaberger -,---Christian Joy :sld ?p t'? s rn? t ?cL 1 Q?ir?vQ X/yl ??. ,ref OF T14c PR^..} -1,7 07ARY 2009 SEP 4 1 AM 8' 32 George M. CORNWALL, Dba POC Properties, LLC Plaintiff, vs. Ashley S. Sultzaberger & Chris Roe AKA Christian Joy Defendants : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5636 CIVIL TERM LANDLORD AND TENANT PETITION 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 FALL 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 George M. CORNWALL, Dba POC Properties, LLC Plaintiff, vs. Ashley S. Sultzaberger & Chris Roe AKA Christian Joy Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5636 CIVIL TERM In Landlord Tenant Matters COMPLAINT ASKING IMMEDIATE HEARING IN LANDLORD TENANT DISPUTE SEEKING RETURN OF RESIDENTIAL PREMISES AND MONETARY DAMAGES AND NOW comes George M. Cornwall, the above Plaintiff, herein "Landlord", appearing Pro-Se, and concerning the premises at 10 Orange Street Unit B, Mount Holly Springs, PA 17065, avers as follows: 1. On or about January 5, 2009, Landlord entered into a Residential lease with Ms. Sultzaberger, hereinafter "Tenant", for term rental of the subject premises through January 31, 2010. The other defendant, believed to be named "Christian Joy", herein after "Joy" resides in the unit and holds himself to be a tenant with all of the rights and privileges thereof but refuses to sign the lease document, or otherwise indicate a willingness to be bound by the terms and conditions contained therein. "Joy" has once -1- paid a token amount of rent, and has twice promised to pay as additional rents, but never actually paid as promised, various other sums as rent or damages. 2. The lease provides for the payment of security deposits, pet deposits, a month to month rental rate of $1,100, and a lease rate of $1,050, monthly and for a daily late fee of $15. 3. "Tenant" has never paid monthly rentals in accordance with the lease terms, nor have various payment plans attempting to get tenant caught up to and thereafter in accordance with the lease, been met either. Rather a series of special payment agreements which been required since the inception of the lease, have been defaulted upon as well. 4. In March, 2009 the first of several written or oral notices to vacate the premises were served. All such notices have been willfully ignored. The most recent of these was dated August 1, 2009 and demanded that the premises be vacated on or before August 1V1. A copy of this document was thrown on the drive in front of the unit, but this notice was not otherwise acknowledged. 5. The rent properly due under the lease has not been paid since April, 2009, and "tenant" has refused repeated notices to pay rent or vacate. Therefore, Plaintiff prays for an immediate hearing on this complaint, and it is the belief of the Plaintiff that the monetary amounts involved exceed -2- the limits of authority of the Magisterial District Justice for the Borrough of Mt. Holly Springs. 6. "Landlord" has repeatedly filed complaints with this court requesting a hearing on this matter before this court, and to the best of "Landlord's" knowledge and belief, said complaints, including the instant complaint are in substantial compliance with the Civil Procedure Rules, especially Rule 1007, of the Commonwealth of Pennsylvania. Said complaints have been accompanied by "proof of service" and said service included the required "notice to defend". This Compliance may have inadvertently have been masked by Plaintiff also including a Petition and draft order in an attempt to provide the court with additional background and detail about this most troubling situation. Plaintiff sincerely apologizes for the confusion created thereby. 7. Ms. Sultzaberger had maintained that the Pennsylvania Welfare Department was willing to pay partial rent of either $300 or $400 as was Career Link. However, in order to obtain that payment "Landlord" would have been required to miss-state the amount of the rent. Tenant specifically directed "Landlord" to do so in order to obtain the partial rent payment(s). "Landlord" contacted, as directed by "tenant", the Welfare Caseworker, but was informed that the prospective payments were "One Time" assistance to avoid eviction. When "Landlord" disclosed the amount of the then current arrearage and the amount of the rent, the -3- caseworker said the agency doubted any payment would be forthcoming. "Landlord" was subsequently informed by a supervisory caseworker that no payment would be forthcoming. Further, "Landlord" was informed that had a payment been made and they were nevertheless evicted, I might be forced to return the payment. 8. Thereafter, the tenants cite my refusal to misstate the rent to the Welfare department as grounds for continuing to refuse to rent. They refuse to make any payments on the rent of any kind although they manage to enjoy a new car and a lavish TV system. "Landlord" is in jeopardy of losing the property because of unpaid taxes in amounts less than the rent arrearages. 9. The Tenants have repeatedly violated terms of the lease in several ways a. 1. They refuse to report the presence of "'Christian Joy" to I. Landlord ii. The Landlord is required to report tenant names to the Borough of Mt. Holly Springs by Borough Ordinance iii. The Pennsylvania Department of Welfare makes frequent inquiries as to whether or not "Roe" is present. Tenant instructs me to answer in the negative which is not true. b. Tenant has physically and verbally assaulted Landlord and struck me with a weapon. This matter was reported to the Mt. Holly Police but Chief Goodhart of The Mount Holly Police refused to Cite Ms. -4- Sultzaberger. It should be noted that I am Sixty-Five (65) years of age while Ms. Sultzaberger is twenty-four (24). c. Tenant "Roe" is believed to have an extensive criminal record, and has repeatedly refused to be named as a tenant or co-signer on the lease, yet he frequently asserts that he is in fact a tenant although save one single payment of $300 refuses to pay rent. He has repeatedly burglarized by uninvited entry my secondary residence at 10 C Orange Street. He is a professional child support scofflaw and sees nothing at all wrong with being four months behind in the rent and trashing the premises with his three illegitimate kids. d. Tenants have a pit bull which they keep inside the unit despite a requirement that it be kept on the outdoor patio when they are not present in the unit. The filth and other physical damage to the room in question are beyond belief. e. Damage to the property includes one entire wall covered in crayon markings, damage to window coverings, a ruined patio screen door, and doubtless numerous other damages, the exact amount of which is to be determined pending a final inspection. -5- 10. Rent In Arrears The rent is currently in arrears for the following months; late fees are calculated at $15 per day, through September 15, 2009. April was eventually paid in mid June, 2009, stopping the late fees. MONTH Amount Late Fees Total April 0 840 840 MAY 1050 2070 3120 JUNE 1050 1605 2655 JULY 1050 1155 2205 AUGUST 1050 690 1740 SEPTEMBER 1050 225 1275 $5,250 $6,585 $11,835 11. Excess Wear and Tear. Tenant has failed to pay a repair bill for service to laundry equipment required by abuse of the laundry equipment. This amounts to $110 plus $35 in accumulated late fees. These units were built in 2006 and were in generally excellent condition prior to this tenant moving in. However excess wear and tear is obvious even from the exterior. We reserve the right to set a final figure but estimate extraordinary damages in the amount of $1,200 will be incurred over and above security deposits, for a total of $1.345. This amount will be adjusted to actual based on inspection of the premises. -6- 12. Legal fees to present this claim appear at hearings, perfect, and collect on any judgments awarded and to pay for the services of a constable are estimated at $700.00, subject to correction to actual costs incurred. 13. All of the actions enumerated above are specifically proscribed in the lease. 14. Change of locks. In the event keys and garage door opener remotes are not returned these will have to be replaced again for the account of the tenant. This cost is estimated at $400.00 15. Damages Landlord is entitled to compensation for loss of use of the property since July 1, 2009 through August 31, 2009 at the rate of $1500 per month or portion thereof. This period corresponds to the prime rental period for the newly arrived class at the Army War College or in the alternative at the Dickinson Law School. 16. Claim is therefore asserted in the amount of $3,000 for two months' loss of use. This claim is subject to amendment if this remains unresolved beyond September 30, 2009. 17. Rent for balance of Lease term. The lease provides that the rent for the balance of the lease is payable if the lease is broken or tenant is evicted for cause. Therefore rent is nevertheless due for October through December 2009 at the rate of $1,050 per month, total of $3, 250. 18. Summary of Monetary Amounts -7- These amounts are estimates as of the date of the complaint and are subject to adjustment at time of order or time of gaining possession of premises. NO Item Amount 1. Rent Arrears & LF $ 11,835 2. Excess wear & Tear 1,345 3. Legalfees 700 4. Change of Locks 400 5. Loss of use 3,000 6. Balance of Lease term 3,150 $20,430.00 WHEREFORE, Plaintiff hereby prays that this Honorable Court grant an immediate Hearing in this matter to hear arguments regarding return of the possession of the premises to the "Landlord" and consider award of monetary damages to "Landlord" by judgment against ""Tenant" and "Joy", jointly and severally, on account of failure to pay rent, in the amounts claimed totaling $20,430 and provide such additional relief as the Court may deem appropriate. Positive measures to assure that "Tenant" and "Joy" are required to maintain contact with the Landlord or this Court are deemed warranted and are thus additionally requested. For the information of the Court, at 9% interest, a monthly payment of $341.25 would retire a debt of $20,430 in five years. -8- Respectfully Submitted, George M. Cornwall Dated this 12th day of September, 2009 -9- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. Date: September 12, 2009 s2 ??f George M. Cornwall -10- F11- ? ?. OF TF;E P? 4, y 2009 SE 1; kill 1G: t- YEr vE..' ..%i?irl CUM"6 . M1, PLNNSYLVANA George M. CORNWALL, Dba POC Properties, LLC Plaintiff, VS. Ashley S. Sultzaberger & Chris Roe AKA Christian Joy Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5636 CIVIL TERM In Landlord Tenant Matters AFFIDAVIT OF SERVICE OF COMPLAINT IN LANDLORD & TENANT MATTER SEEKING HEARING TO CONSIDER ARGUMENTS FOR RETURN OF RESIDENTIAL PREMISES AND FOR AWARD OF MONETARY DAMAGES AND NOW comes George M. Cornwall, the above Plaintiff, herein "Landlord", appearing Pro-Se, and concerning A LAND LORD TENANT DISPUTE WITH Ashley Sultzaberger and Christopher Joy, AND having previously filed a complaint in this matter, avers and swears as follows: 1. On or about September 14, 2009, "Landlord" did effect service of the above captioned complaint by hand delivery and /or mailing by First Class Mail postage prepaid a conformed copy of the complaint together with a copy of the required "Notice to Defend, to each of the named defendants captioned above. -1- Respectfully Submitted, George M. Cornwall Dated this 14rth day of September, 2009 -2- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. Date: September 14, 2009 -a:4?,ba- 4. George M. Cornwall -3- I~ il_ED- C `-r- OF 1WE 2009 SEP 15 Ali 10: 2,, George M. CORNWALL, Dba POC Properties, LLC Plaintiff, VS. Ashley S. Sultzaberger & Chris Roe AKA Christian Toy Defendants : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA A9'?f3CP No. .8 CIVIL TERM In Landlord Tenant Matters MOTION FOR POSSESSION OF REAL PROPERTY AND MONETARY DAMAGES AND NOW comes Respondent, George M. Cornwall, the above Plaintiff, herein "Landlord", appearing Pro-Se, and concerning the premises at 10 Orange Street, Unit B, Mount Holly Springs, PA 17065, avers as follows: 1. On or about January 5, 2009, Landlord entered into a Residential lease with Ms. Sultzaberger, hereinafter "Tenant", for term rental of the subject premises through January 31, 2010. 2. The lease provided for the payment of security deposits, additional pet deposits, a month to month rental of $1,100 monthly and a lease rate of $1,050, monthly and for a daily late fee of $15, PER MONTH of unpaid rental. -2- 3. A Complaint in this matter as filed and duly served on the Defendants on September 15, 2009. The statutory notice period for the summer months has expired and no response has been received to the complaint. Furthermore NUMEROUS prior written and oral notices to pay rent or vacate have been served on these tenants. 4. "Tenant" has never paid monthly rentals in accordance with the lease terms, nor have various payment plans attempting to get tenant caught up to and thereafter in accordance with the lease, been met either. Rather, a series of special payment agreements which been required since the inception of the lease, have been defaulted upon as well. 5. In March, 2009 the first of several written or oral notices to vacate the premises were served. The last written notice to vacate was served on August 10, 2009. Written Complaints to this Honorable Court have also been served on the Defendants, and have also been ignored. All such notices have been willfully ignored. 6. Ms. Sultzaberger, ("tenant's has maintained that The Pennsylvania Welfare department is willing to pay partial rent as is Career Link, but in order to obtain that payment Landlord would be required to miss-state the amount of the rent. Tenant specifically directed "Landlord" to do so in order to obtain the rent payment, which "Landlord" declined to do. 7. The tenant now refuses to make any payments of rent in any amount to "Landlord" and states that since "Landlord" is attempting to evict her, she -3- will just continue to occupy the premises indefinitely without payment since she feels "Landlord" will be "unable to gain the support of his Honorable Court to effect eviction or any order to recover rents and other monetary amounts properly due. 8. The Tenants have repeatedly violated terms of the lease in several ways a. 1. They refuse to report the presence of "Chris Roe" to i. Landlord ii. The Borrough of Mt. Holly Springs as required by Borough Ordinance iii. The Pennsylvania Department of Welfare. b. Tenant has physically and verbally assaulted Landlord and him with a weapon. This matter was reported to the Mt. Holly Police but they refused to cite Ms. Sultzaberger. It should be noted that "landlord" is Sixty-Five (65) years of age while Ms. Sultzaberger is twenty-four (24). c. Tenant "Roe" is believed to have an extensive criminal record, and has repeatedly refused to be named as a tenant or co-signer on the lease, yet he frequently asserts that he is in fact a tenant although save one single payment of $300 refuses to pay rent. He has repeatedly burglarized by uninvited entry my secondary residence at 10 C Orange Street. He is a professional child support scofflaw and sees nothing at all wrong with being four months behind in the rent and trashing the premises with his three illegitimate kids. -4- d. Tenants have a pit bull which they keep inside the unit despite a requirement that it be kept on the outdoor patio when they are not present in the unit. 9. Rent In Arrears The rent is currently in arrears for the following months; MONTH Amount Late Fees Total MAY $1,050 2,295 $ 3,345 JUNE 1,050 1,830 2,880 JUL 1,050 1,380 2,430 AUGUST 1,050 915 1,965 SEPTEMBER 1,050 450 1,500 $ 5,250 $6,870 $12,120 10. Excess Wear and Tear. Tenant has failed to pay a repair bill to laundry equipment required by abuse of the laundry equipment. This amounts to $110 plus $35 in accumulated late fees. These units were built in 2006 and were in generally excellent condition prior to this tenant moving in. However excess wear and tear is obvious even from the exterior. We reserve the right to set a final figure but estimate extraordinary damages in the amount of $1,200 will be incurred over and above security deposits, for a total of $1,345. This amount will be adjusted to actual based on inspection of the premises. -5- 11. Legal fees to present this claim, -appear at hearings, perfect, and collect on any judgments awarded and to pay for the services of a constable are estimated at $700.00, subject to correction to actual costs incurred. 12. Change of locks. In the event keys and garage door opener remotes are not returned these will have to be replaced again for the account of the tenant. This cost is estimated at $400.00 13. Damages Landlord is entitled to compensation for loss of use of the property since July 1, 2009 through September 30, 2009 at the rate of $1,350 per month or portion thereof. These months represent the prime rental months for units like these as these months are when the War College and Dickinson Law students are arriving and seeking housing. Claim is demanded for $4,050 for three month's loss of use. 14. Rent for balance of Lease term. The lease provides that the rent for the balance of the lease is payable if the lease is broken or tenant is evicted for cause. Therefore rent is nevertheless due for October through December 2009 at the rate of $1,050 per month for a total of $3,150. -6- Summary of Monetary Amounts These amounts are estimates as of the date of the complaint and are subject to adjustment at time of order or time of gaining possession of premises. NO Item Amount 1. Rent Arrears & LF $12,120 2. Excess wear & Tear 1,345 3. Legal fees 700 4. Change of Locks 400 5. Loss of use 4,050 6. Balance of Lease term 3,150 $21,765.00 WHEREFORE, Defendant hereby moves that this Honorable Court grant immediate possession of the premises to the Landlord and award judgment in the amounts claimed Totaling $21,765 and provide such additional relief as the Court may deem appropriate. Respectfully Submitted, George M. Cornwall Dated this 29th day of September, 2009 -7- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. Date: September 30, 2009 George M. Cornwall -8- THE GEORGE M. CORNWALL, IN THE COURT OF COMMON PLEAS OF POC PROPERTIES, LLC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ASHLEY S. SULTZABERGER NO. 2009 - 5636 CIVIL TERM AND CHRIS ROE AKA CHRISTINA CHILDERS JOY IN RE: LANDLORD TENANT ORDER OF COURT AND NOW, this 6TH day of OCTOBER, 2009, it appearing that Plaintiff has not followed the proper procedure for the entry of a default judgment as a result of the Defendants' failure to file an answer to the complaint, his request for an order of possession and money damages is DENIED without prejudice. ? George Cornwall Ashley S. Sultzaberger Xhristian Joy :sld F S /rte t L( By the.Qo?trt, f Edward E. Guido, J. Per-,'c - s ? :-TARY OF THE - ` 2009 OCT --6 PM ?: 08 George M. CORNWALL, Dba POC Properties, LLC Plaintiff, VS. Ashley S. Sultzaberger & Chris Roe AKA Christian Joy Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5636 CIVIL TERM In Landlord Tenant Matters /A1177_ yaw C- TN LANDLORD TENANT MATTER SEEKING EJECTMENT AND MONEY DAMAGES COMPLAINT 1. Plaintiff George M. Cornwall herein after "Landlord" is an adult individual residing at 10 Orange Street, Unit C, Mount Holly Springs, PA 17065. Plaintiff is the owner of a certain property located at 10 Orange Street, Unit B, Mount Holly Springs, PA 17065 "premises". 2. Defendants Ashley S. Sultzaberger & Chris Roe AKA Christian Joy "Tenants" are adult individuals who reside at 10 Orange Street, Unit B, Mount Holly Springs, PA 17065 "Premises". 3. On or about [date], plaintiff and defendants entered into a written lease for the premises for an initial term of thirteen months. Thereafter, the lease would have become a month-to-month lease which either party could terminate on thirty days written notice. A true and correct copy of the lease for the premises is attached hereto and incorporated herein by reference as Exhibit "A." 4. The monthly rental for the premises was $1,050, which was due and payable on the first day of each month. In the event a monthly payment was not made within five (5) days of the date due, the lease provided for the assessment of a $15 daily late fee. Rent is also due for the balance of the lease term November and -2- December 2009, and January 2010, even though tenants must vacate the premises. 5. Defendants have failed and refused to pay rent from May 1, 2009 through October 14, 2009, inclusive. The outstanding rent for this period, including late fees, is $15,440. MONTH Amount Late Fees Total April 0 840 840 MAY 1050 2540 3,590 JUNE 1050 2075 3,125 JULY 1050 1625 2,675 AUGUST 1050 1160 2,210 SEPTEMBER 1050 675 1,725 OCTOBER 1050 225 1,275 $ 6,300 $9,140 $15,440 6. The lease also provides for the tenants to pay excessive wear and tear damages and charges for the premises. The outstanding charges pending a final inspection are as follows: Damage from Pit Bull CRAYON COVERED UNPAID WASHER REKEY UNIT Confined in Room ENTIRE WALL REPAIR REPLACE GARAGE EXCESS DAMAGE RECAP NOT IN Accord w Lease DUE OVERLOAD OPENER CONTROL LATE FEE NOT Surrendered $ 900 $ 200 $ 150 $ 400 -3- REPLACE DECK SCREEN DOOR BROKEN OUT $ 150 TOTAL: $1,800 7. Defendants have failed and refused to pay the excess wear and tear damages set forth above. Landlord is also entitled to Damages for LOSS of Use; accordingly Demand is made for three month's loss of use of the premises during July, August & September which are the prime months for renting family units to Army War College and Dickinson Law School Students arriving for the beginning of the year, a total of $3,000. 8. By virtue of their failure to pay all rent and other charges due under the lease, defendants are in breach of their obligations under the lease. Additional damages may well be discovered upon final inspection. COUNT I IN EJECTMENT 9. The allegations contained in paragraphs 1-8 inclusive are incorporated herein by reference as though set forth at length. 10. On Various Dates Including August 10th, September 15th, 2009, plaintiff served defendants with a thirty day notice of intent to terminate the lease. Defendants refused to vacate the premises after the expiration of the thirty day termination period. A true and correct copy of the thirty day notice is attached hereto and incorporated herein by reference as Exhibit "B." 11. By virtue of defendants' breach of their obligations under the lease and by virtue of plaintiffs termination of the lease, plaintiff is entitled to possession of the premises. WHEREFORE, plaintiff demands judgment against defendants for possession of the premises. COUNT II FOR MONEY 12. The allegations contained in paragraphs 1-11, inclusive, are incorporated herein by reference as though set forth at length. 13. Pursuant to the lease, defendants are indebted to plaintiff for unpaid rent and late fees in the amount of $15,440, and damages of at least $1,800, loss of use of $3,000, and legal fees of at least $100, for a total current debt of $23,490. Additional rent and other charges may accrue subsequent to the -4- filing of this Complaint. Rent for the remaining term of the lease November 2009 through January 2010 is also due to landlord, $3,150. WHEREFORE, plaintiff demands judgment in his favor and against defendants in the amount of $23,490, plus any additional charges for rent and other charges which may become due and payable between the filing of this Complaint and trial. /0,-/ -37- ??? George M. Cornwall, Pro SE -5- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. Date: October 9, 2009 George M. Cornwall -6- CERTIFIED TO E A T UE COPY 8y X31. V ate /O ?Q George M. Cornwall :., Fixed-Term Residential Lease 1. Identification of Landlord and Tenants This Agreement is entered into between Ashley Susanne Sultzaberger and - no others - ("Tenants") and George M. Cornwall dba POC Properties LLC ("Landlord"). Each Tenant is jointly and severally liable for the payment of rent and performance of all other terms of this Agreement. 2. Identification of Premises Subject to the terms and conditions in this Agreement, Landlord rents to Tenants, and Tenants rent from Landlord, for residential purposes only, the premises located at 10 Orange Street, 'W', Mount Holly Springs, Pennsylvania 17065-1740 ("the premises"). Rental of the premises excludes the following areas: Use of lower deck and hot tub (when available) is to be shared with unit C occupants. Rental of the premises also includes: Front paved parking area, rear grass yard, shared deck, patio, private deck, community mail box unit. 3. Limits on Use and Occupancy The premises are to be used only as a private residence for Tenants listed in Clause 1 of this agreement, and their minor children, subject to any state or local laws allowing additional occupants. Occupancy by guests for more than Two consecutive weeks over a six-month period is prohibited without Landlord's written consent and will be considered a breach of this Agreement. 4. Term of the Tenancy The term of the rental will begin on January 5, 2009 and end on January 31, 2010. If Tenants. vacate before the term ends, Tenants will be liable for the balance of the rent for the remainder of the term. 5. Payment of Rent Regular monthly rent Tenants will pay to Landlord a monthly rent of $1,100, payable in advance on the first day of each month, except when that day falls on a weekend or legal holiday, in which case rent is due on the next business day. Rent will be paid in the following manner, unless Landlord designates otherwise: Delivery of payment. 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LTS ? 8ZSLMC LTL ---\ lueual ajea auuesnS Aalgsy 600Z 't, Aaenuef KOM IdO '06amsO DMel asea1 lelluaPsa-d 5331 SW Macadam Avenue Ste 258, Portland, OR 97239 W- I L= August 1, 2009 Ms. Ashley S. Sultzaberger 10 B Orange Street Mt Holly Springs, PA 17065 Dear Ms. Sultzaberger, This is to inform you that you are seriously delinquent on the rent for the Town House at 10 B Orange Street Mt. Holly Springs, PA 17065. Unless the rent is brought current or other arrangements made and agreed to in writing by this office on or before August 7, 2009, you must vacate the premises by August 10th, 2009. I regret that I am forced to do this but you have had difficulty in meeting your obligations under the lease for several months and we can not allow this to continue. You are out of "chances". You need to deal with these various issues on along term basis. Sincerely, George M. Cornwall, CPA Trustee Amounts Owed Total = $7,060: Plus Legal and Court Costs Month Rent Late Fees Notice & legal Other April $110 April $75 $50 May $1050 $300 $50 June $1050 $225 $50 Jul $1050 $150 $50 A $1050 $250 $500 Est Se Lieu of Notice $1050 Total $5250 $750 $450 $610 l? /1 CEJ iTIFIED) E A RUE C Y gy ' Date George M. Cornwall OF n.? ' -? ?..r ?. ^'<??y ?1r??f::??,. 3 %.. ,,t, GEORGE M. CORNWALL, IN THE COURT OF COMMON PLEAS OF POC PROPERTIES, LLC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ASHLEY S. SULTZABERGER : NO. 2009 - 5636 CIVIL TERM AND CHRIS ROE AKA CHRISTINA CHILDERS JOY IN RE: LANDLORD TENANT ORDER OF COURT AND NOW, this 16TH day of OCTOBER, 2009, it appearing that Plaintiff has still not followed the proper procedure for the entry of a default judgment as a result of the Defendants' failure to file an answer to the complaint, his request for an order of possession and money damages is again DENIED without prejudice. By the C , Edward E. Guido, J. ? George Cornwall Ashley S. Sultzaberger Christian Joy : sld i aa a t .y, rr ?? i George IL CORNWALL, Dba POC ?, LLC Plaintiff, vs. Ashley S. Su kmbwW R Chris Roe AKA Christian Joy Defendants To: Ashley S. Sultzaberger & Chris Roe AKA Christian Joy Defendants Date of Notice: October 17, 2009 : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. o9-5636 CIVIL TERM In Landlord Tenont Matters IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South BedfoN Street Carlisle, PA 17013 717 249 3166 George . Cornwall, Pro Se 10 Oraege Sbwt Unit C Mt Holly Springs, PA 17065 George M. CORNWALL, Dba : COURT OF COMMON PLEAS OF POC Propertiew, LLC : CUMBERLAND COUK Y, PENNSYLVANIA Plaintiff, . VS. Ashley S. SuNzaberger & No. 09-5636 CIVIL TERM Chds Roe AKA Christian Soy In Landlord Tenant Matters Defendants _ CERTIFICATION OF SERVICE I, George M. Cornwall, Pro Se Plaintiff, certify that I have served a cow of The Ten Day Notice Of Default [document]in the above captioned matter to As" S. Su11 -'- - rger & Chris Roe AKA Christian Soy on this date by first class United States mail Postage Prepaid. October 27, 2009 Date AV George . Cornwall, CPA ProSe 2009 OCT 21 AM : 5 1 GEORGE M.CORNWALL, d/b/a : COURT OF COMMON PLEAS OF POC Properties, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : No. 09-5636 Civil Term ASHLEY S. SULTZABERGER Landlord/Tenant And CHRISTIAN JOY, Defendants Please enter my appearance for the Defendants in the above. Date: !D z0 L P/G/ Geoffrey M.Biringer 401 E.Louther Street Carlisle,PA 17013 (717)243-9400 Supreme Court ID#18040 GEORGE M.CORNWALL, d/b/a COURT OF COMMON PLEAS OF POC Properties, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 09-5636 Civil Term ASHLEY S. SULTZABERGER Landlord/Tenant And CHRISTIAN JOY, Defendants DEFENDANTS' PRELIMINARY OBJECTIONS Defendants, by their attorneys MidPenn Legal Services and Geoffrey M. Biringer, hereby preliminarily object to Plaintiff's Complaint, as follows: 1. Plaintiff, appearing pro se in the above, is the Defendant's landlord in residential real estate located at 10-B Orange Street, Mount Holly Springs, PA 17065 2. Plaintiff has filed various Motions and Petitions with this Court seeking immediate possession of the leased premises and monetary damages for alleged rent in arrears, fees, damages and costs. 3. This Court, per the Honorable Edward E. Guido, denied both Petitions by Court Orders dated August 21, 2009 and October 6, 2009(attached as Defendants' Ex."1 ") 4. On September 15, 2009, Plaintiff filed a complaint styled as a "Complaint Asking Immediate Hearing In Landlord Tenant Dispute Seeking Return Of Residential Premises and Monetary Damages." Defendants now file their Preliminary Objections to the said complaint as follows: 1. Failure to conform to Rule of Court (Pa. R.C.P.Nos.1028(2) and 1019(1) 5. Paragraphs 1-4 are incorporated herein by reference hereto. 6. Plaintiff refers in his complaint to a written lease in Paragraph 1, payment plans in Paragraph 3, written notices to vacate in Paragraph 4, and a repair bill in Paragraph 11. 7. Plaintiff's complaint fails to conform to a rule of court (Pa.R.C.P. No. 1028(2) and Pa.R.C.P. No. 1019 (h)and (i) requiring that a copy of a writing referred to should be either attached to the complaint or its absence explained along with the substance of the writing. 8. Plaintiff has done neither for those writings referred to in Paragraph 6 above. WHEREFORE, Defendants request that Plaintiff's complaint be dismissed with prejudice. II. Inclusion of Scandalous and Impertinent Matters 9. Paragraphs 1-8 are incorporated herein by reference hereto. 10. These matters, in pertinent part are as follows: a. "Plaintiff ...apologizes for the confusion..." (para. 6); b. "Tenant has physically and verbally assaulted me with a weapon." (para. 9(b); C. "Tenant "Roe" is believed to have an extensive criminal record..." (para. 9(c); 11. These allegations are scandalous, impertinent, and have no relevance in fact or law to the Plaintiff's complaint. WHEREFORE, Defendants request that Plaintiff's complaint be dismissed with prejudice. .. III. Improper Paragraphing (Pa.R.C.P. No. 1022) 12. Paragraphs 1-11 are incorporated herein by reference hereto. 13. Every paragraph of Plaintiff's complaint contains multiple allegations making it impossible to respond appropriately to the allegations of the paragraph. WHEREFORE, Defendants request the Plaintiff's complaint be dismissed with prejudice. Dated: 101,u A6 9 MIDPENN LEGAL SERVICES By: . Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Pa. Supreme Court No. 18040 GEORGE M. CORNWALL, IN THE COURT OF COMMON PLEAS OF POC PROPERTIES, LLC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : ASHLEY S. SULTZABERGER NO. 2009 - 5636 CIVIL TERM AND CHRIS ROE AKA CHRISTINA CHILDERS JOY : IN RE: LANDLORD TENANT ORDER OF COURT AND NOW, this 21 IT day of AUGUST, 2009, the Court being unaware of any procedure by which we can issue an ex parte order for possession and monetary damages, the Petition for Immediate Possession and Order for Immediate Eviction is DENIED. Edward E. Guido, J. George Cornwall Ashley S. Sultzaberger Christian Joy : sld ,fix , u/ F _ T GEORGE M. CORNWALL, POC PROPERTIES, LLC Plaintiff V. ASHLEY S.SULTZABERGER AND CHRIS ROE AKA CHRISTINA CHILDERS JOY NO. 2009 - 5636 CIVIL TERM : IN RE: LANDLORD TENANT ORDER OF COURT AND NOW, this 61-H day of OCTOBER, 2009, it appearing that Plaintiff has not followed the proper procedure for the entry of a default judgment as a result of the Defendants' failure to file an answer to the complaint, his request for an order of possession and money damages is DENIED without prejudice. By the.Co-' Edward E. Guido, J. George Cornwall Ashley S. Sultzaberger Christian Joy :sld IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA arc ?r?s uti__a??, //v This ... ..?:" -da .... ?-?? ? . _ ? - .. ..• . . rothoratary E? CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Defendants' Preliminary Objections on this 26th day of October 2009, by placing same in the United States mail, first class, postage prepaid, addressed as follows: George M. Cornwall 10 Orange Street, Unit C Mt. Holly Springs, PA A1706 By: Biringer Geo Attorney for the Defendants 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 of nIn?'arKn ms wn 26 Anil. 37 paw George M. CORNWALL, Dba POC Properties, LLC Plaintiff, VS. Ashley S. Suitzaberger & Chris Roe AKA Christian Joy Defendants : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5636 CIVIL TERM Landlord Tenant RESPONSE TO DEFENDANTS PRELIINi ARY OBJECTIONS A WlnON FOR AND NOW comes, George M. Comwall, the above Plaintiff, herein "Landlord", appearing Pro-Se, and concerning the premises at 10 Orange Street, Unit B, Mount Holly Springs, PA 17065, avers as follows: 1. On or about January 5, 2009, "Landlord" entered into a Residential lease with Ms. Sultzaberger, hereinafter "Tenant", for term rental of the subject premises through January 31, 2010. (Attachment "A') 2. The lease provided for the payment of security deposits, additional pet deposits, a month to month rental of $1,100 monthly and a lease rate of $1,050, monthly and for a daily late fee of $15.00, PER UNPAID MONTH, of rental in arrears. 3. Various Complaints and Petitions in this matter have been filed and duly served on the Defendants on August 13, 2009, September 15, 2009, -3- September 29, 2009, and October 13, 2009. Required notices to defend were also issued repeatedly; a "ten-day" Notice of Default was issued and served on the Defendants on October 16, 2009 but not recorded by the Prothonotary until October 21, 2009. The statutory notice period for the summer months has long expired and "Landlord" is entitled to immediate possession. Until, after the 10-day notice period, no response had been received to any of these complaints save for repeated oral taunts from Defendants over these several months, along with further taunting when denial orders were received. Furthermore NUMEROUS prior written and oral notices to pay rent or vacate have been served on these tenants. 4. Without admitting them to have been timely, "Landlord" offers the following responses to DEFENDANTS' PRELIMINARY OBJECTIONS a. Par 1. Affirmed b. Par 2. Denied - Rent is clearly due, payable and six months in arrears under a valid signed written lease which BOTH "Landlord" and Defendant possess. Written signed receipts have been issued for all monies received as rent. The rent and fees are in no way manner or form "Allegedr c. Par 3. Denied - Defendant apparently did not review the Docket thoroughly, there are as many as FOUR (4) orders denying motions to regain "Landlord's" property, so intent are these Defendants on depriving "Landlord" of just compensation for the use of his property. -4- d. Par.4 Denied - The complaint is not "Styled" at all, it is simply prepared using, and in strict conformity with, a Pennsylvania Civil Procedure. (Pa.R.C.P. 16:22), with which defendants' counsel may not be familiar. e. Pars.5 through 8. Denied - Each of these paragraphs go to the alleged failure to include various writings that either are in fact included or are items in the possession of both "Landlord" and Tennant that are both obvious as to intent or readily available to the Court. The signed lease and at least one of the several written notices to pay rent or quit were properly attached to the filing of September 15, 2009 and are of course to be found in the Docket. Defendant's Counsel has been informally advised as their availability within the Docket and has indicated that he is able to find them. f. Pars.9-11. Denied - These paragraphs allege that certain matters are "scandalous or impertinent". "Landlord" stands by each of those statements as they are evidentiary matter that serve to demonstrate violation of specific terms of the written lease to wit, compliance with Borrough Regulations, especially as they pertain to the requirement of notifying the Borough of Mt. Holly Springs the names of tenants, and peaceful conduct in the unit, and civil relations with "Landlord". "Landlord" still has not been told the name and SSAN of Tenant ROE who refuses to identify himself and sign the lease document. Furthermore, only because the Chief of the Mount Holly Police -5- Department provided "Landlord" With a Pennsylvania Department of Corrections "Rap Sheet" was "Landlord" able to make even a tentative identification of Tenant "Roe". A criminal complaint for assault and bodily injury was filed against Ms. Sultzaberger by "Landlord" but the Holly Chief ignored the complaint. The Pennsylvania State Police advised "Landlord" they had taken action against "Roe" in another incident. "Landlord" has been forced by the failure of the Court to Act, to live in terror of these people for months and should therefore be granted license to describe the situation with which he is confronted to the Court. 5. "Tenant" has never paid monthly rentals in accordance with the lease terns, nor have her various payment plans attempting to get tenant caught up to and thereafter in accordance with the lease, been met either. Rather, a series of special payment agreements which been required since the inception of the lease, all of which have been defaulted upon as well. 6. In March, 2009 the first of several written or oral notices to vacate the premises were served. The last written notice to vacate was served on August 10, 2009. (attachment "B'J Written Complaints to this Honorable Court have also been served on the Defendants, and have also been ignored. All such notices have been willfully ignored, save the 10 day -6- notice of default which appears to have been answered after the statutorily allowed period. 7. Ms. Sultzaberger, ("tenant') had initially maintained that The Pennsylvania Welfare department was willing to pay partial rent as was Career Link, but in order to obtain that payment "Landlord" would have been required to miss-state the amount of the rent. Tenant specifically directed "Landlord" to do so in order to obtain the rent payment, which "Landlord" declined to do. 8. The tenant now refuses to make any payments of rent in any amount to "Landlord" and states that since "Landlord" is attempting to evict her, she will just continue to occupy the premises indefinitely without payment. She has repeatedly stated that since she feels "Landlord" will be "unable to gain the support of this Honorable Court to effect eviction or any order to recover rents and other monetary amounts properly due." 9. The Tenants have repeatedly violated terms of the lease in several ways a. 1. They refuse to report the presence of "Chris Roe" to i. "Landlord" ii. Mt. Holly Springs as required by Borough Ordinance iii. The Pennsylvania Department of Welfare. b. Tenant has physically and verbally assaulted "Landlord" and him with a weapon. This matter was reported to the Mt. Holly Police but they -7- refused to cite Ms. Sultzaberger. It should be noted that "Landlord" is Sixty-Five (65) years of age while Ms. Sultzaberger is twenty-four (24). c. Tenant "Roe" is believed to have an extensive criminal record, and has repeatedly refused to be named as a tenant or co-signer on the lease, yet he frequently asserts that he is in fact a tenant although save one single payment of $300 refuses to pay rent. He has repeatedly burglarized by uninvited entry my secondary residence at 10 C Orange Street. He is a habitual child support scofflaw and appears to see nothing at all wrong with being six months behind in the rent and trashing the premises with his three children. d. Tenants have a pit bull which they keep inside the unit despite a requirement that it be kept on the outdoor patio when they are not present in the unit. The resulting filth and property damage defy description. 10. Rent in Arrears The rent is in arrears for the following months; MONTH Amount t s Total MAY $1,050 21985 $ 4,035 JUNE 1,050 2,520 31570 JUL 1,050 2,070 3,120 AUGUST 1,050 1,605 2,655 SEPTEMBER 1,050 1,140 21190 OCTOBER 11050 690 1,740 -8- NOVEMBER 1,050 225 1,275 Total Rent $ 7,350 $11,235 $18,585 11. Excess Wear and Tear. Tenant has failed to pay a repair bill to laundry equipment required by abuse of the laundry equipment. This amounts to $110 plus $55 in accumulated late fees. These units were built in 2006 and were in generally excellent condition prior to this tenant moving in. However excess wear and tear is obvious even from the exterior. We reserve the right to set a final figure but estimate extraordinary damages in the amount of $1,200 will be incurred over and above security deposits, for a total of $1,. This amount will be adjusted to actual based on inspection of the premises. 12. LM fees to present this claim, appear at hearings, perfect, and collect on any judgments awarded and to pay for the services of a constable are estimated at $700.00, subject to correction to actual costs incurred. 13. Chance of locks. In the event keys and garage door opener remotes are not returned these will have to be replaced again for the account of the tenant. This cost is estimated at $400.00 14. "Landlord" is entitled to compensation for loss of use of the property since July 1, 2009 through August 31, 2009 at the rate of $1,500 per month or portion thereof. Claim is therefore asserted in the amount of $3,000 for two months loss of use. -9- The lease provides that the rent for the balance of the lease is payable if the lease is broken or tenant is evicted for cause. Therefore rent is nevertheless due for December, 2009 and January 2010 at the rate of $1,050 per month for a total of $2,100. These amounts are estimates as of the date of the complaint and are subject to adjustment at time of order or time of gaining possession of premises. NO Item Amount 1. Rent Arrears & LF $ 18,585 2. Excess wear & Tear 1,365 3. Legal fees 700 4. Change of Locks 400 5. Loss of use 3,000 6. Balance of Lease term 2,100 $ 26,150 WHEREFORE, Defendant hereby moves that this Honorable Court grant immediate possession of the premises to the "Landlord" and award judgment in the amounts claimed totaling $26,150, plus costs of Ejectment, additional damages as may be determined upon inspection, and provide such additional relief as the Court may deem -10- appropriate. Additionally, "Landlord" requests that Tenants be directed to provide for the costs of temporary Security Services should "Landlord" in his sole discretion deem that to be advisable. Respectfully Submitted, George M. Cornwall lu Dated this 3rd day of ?eeteff Fr2009 -11- LTA -i ' I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. Date: November 3'd, 2009 George M. Cornwall -12- i ,I CE TI I ED TO A TRUE COY , Fixed-Term Residential Lease B Date George M. Comwall 1. Identification of Landlord and Tenants This Agreement is entered into between Ashley Susanne Sultzaberger and - no others - ("Tenants") and George M. Cornwall dba POC Properties LLC ("Landlord"). Each Tenant is jointly and severally liable for the payment of rent and performance of all other terms of this Agreement. 2. Identification of Premises Subject to the terms and conditions in this Agreement, Landlord rents to Tenants, and Tenants rent from Landlord, for residential purposes only, the premises located at 10 Orange Street, "B", Mount Holly Springs, Pennsylvania 17065-1740 ("the premises"). Rental of the premises excludes the following areas: Use of lower deck and hot tub (when available) is to be shared with unit C occupants. Rental of the premises also includes: Front paved parking area, rear grass yard, shared deck, patio, private deck, community mail box unit. 3. Limits on Use and Occupancy The premises are to be used only as a private residence for Tenants listed in Clause 1 of this agreement, and their minor children, subject to any state or local laws allowing additional occupants. Occupancy by guests for more than Two consecutive weeks over a six-month period is prohibited without Landlord's written consent and will be considered a breach of this Agreement. 4. Term of the Tenancy The term of the rental will begin on January 5, 2009 and end on January 31, 2010. If Tenant vacate before the term ends, Tenants will be liable for the balance of the rent for the remaindlr of the tern. 5. Payment of Rent Regular monthly rent Tenants will pay to Landlord a monthly rent of $1,100, payable in advance on the first day of each month, except when that day falls on a weekend or legal holiday, in which case rent is due on the next business day. Rent will be paid in the following manner, unless Landlord designates otherwise: Delivery of payment. Rent will be paid in person, or Owners' Account at Members'Ist Credit Union or GM Cornwall, at: 10 Orange St. Unit C, Mt Holly Springs, Pennsylvania 17065-1740 Residential Lease Delivery instructions: Walnut Bottom Branch Members 1st CU Acct 258-442 - Supplemental Savings. Form of payment Landlord will accept payment in these forms: * Personal check made payable to: G.M. Cornwall * Money order * Bank Debit Prorated first month's rent; Last Month's Rent For the period from Tenants' move-in date, January 5, 2009, through the end of the month, Tenants will pay to Landlord the pro-rated monthly rent of $976.44. This amount will be paid on or before the date the Tenants move in. The rent for the month of January 2010, $1100.00 is due prior to move in also, but by special arrangement may be paid installments of at least $450 monthly provided it is paid in full prior to March 20, 2009. 6. Late Charges If Tenants fail to pay the rent in full before the end of the third day after it is due, Tenants will pay Landlord a late charge as follows: $15. Landlord does not waive the right to insist on payment of the rent in full on the date it is due. £ CA10?7. Returned Check and Other Bank Charges If any check offered by Tenants to Landlord in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds, a "stop payment," or any other reason, Tenants will pay Landlord a returned check charge of $25. 8. Security Deposit On signing this Agreement, Tenants will pay to Landlord the sum of $550 as a security deposit. $400 of the Security Deposit payment may be deferred until January 31, 2009 at the option Tenant. However, may not, without Landlord's prior written consent, apply this security deposit to the last month's rent or to any other sum due under this Agreement. Within 3 weeks after Tenants have vacated the premises, returned keys, and provided Landlord with a forwarding address, Landlord will return the deposit, less a $125 Carpet cleaning fee, or give Tenants an itemized written statement of the reasons for, and the dollar amount of, any of the security deposit retained by Landlord, along with a check for any deposit balance. The security deposit will be held in an account at Members First CU, Walnut Bottom Branch, Carlisle, Pennsylvania 17013. Account number: On Request 9. Utilities C:\Documents and Settings\alldat gmc\Legal\Leases\STULLEASEDRFT.doc 2 1/4/2009 Residential Lease Tenants will pay all utility charges, except for the following, which will be paid by Landlord: Water, Garbage and Sewer as provided by the Borough of MHSp and shared access to wireless internet on a "best efforts" but not guaranteed basis. Landlord will be responsible for the operating costs of the hot tub when and if provided. 10. Assignment and Subletting Tenants will not sublet any part of the premises or assign this Agreement without the prior written consent of Landlord. 11. Tenants' Maintenance Responsibilities Tenants will: (1) keep the premises clean, sanitary, and in good condition and, upon termination of the tenancy, return the premises to Landlord in a condition identical to that which existed when Tenants took occupancy, except for ordinary wear and tear; (2) immediately notify Landlord of any defects or dangerous conditions in and about the premises of which Tenants become aware; and (3) reimburse Landlord, on demand by Landlord, for the cost of any repairs to the premises damaged by Tenants or Tenants' guests or business invitees through misuse or neglect Tenants have examined the premises, including appliances, fixtures, carpets, drapes, and paint, and have found them to be in good, safe, and clean condition and repair, except as noted in the Landlord-Tenant Checklist. 12. Repairs and Alterations by Tenant a. Except as provided by law, or as authorized by the prior written consent of Landlord, Tenants will not make any repairs or alterations to the premises, including nailing holes in the wall or painting the rental unit. b. Tenants will not, without Landlord's prior written consent, alter, rekey, or install any locks to the premises or install or alter any burglar alarm system. Tenants will provide Landlord with a key or keys capable of unlocking all such rekeyed or new locks as well as instructions on how to disarm any altered or new burglar alarm system. 13. Violating Laws and Causing Disturbances Tenants are entitled to quiet enjoyment of the premises. Tenants and guests or invitees will not use the premises or adjacent areas in such a way as to: (1) violate any law or ordinance, including laws prohibiting the use, possession, or sale of illegal drugs; (2) commit waste (severe property damage); or (3) create a nuisance by annoying, disturbing, inconveniencing, or interfering with the quiet enjoyment and peace and quiet of any other tenant or nearby resident. 14. Pets No animal, bird, or other pet will be kept on the premises, even temporarily, except properly trained service animals needed by mentally or physically disabled persons and the following: 1 Dog under 30 pounds, under the following conditions: Dog must be confined in the unit of by use C:\Documents and Settings\alldat gmc\Legal\Leases\STULLEASEDRFi'.doc 3 1/4/2009 Residential Lease of a tether or by use of the electric fence using a collar to be purchased at tenant expense. Tenant is not permitted to construct other fencing except around the patio area. 15. Landlord's Right to Access Landlord or Landlord's agents may enter the premises in the event of an emergency, to make repairs or improvements, or to show the premises to prospective buyers or tenants. Landlord may also enter the premises to conduct an annual inspection to check for safety or maintenance problems. Except in cases of emergency, Tenants' abandonment of the premises, court order, or where it is impractical to do so, Landlord shall give Tenants 24 hours notice before entering. In genuine in emergency situations, an exception will be made. 16. Extended Absences by Tenant Tenants will notify Landlord in advance if Tenants will be away from the premises for 10 or more consecutive days. During such absence, Landlord may enter the premises at times reasonably necessary to maintain the property and inspect for needed repairs. 17. Possession of the Premises a. Tenants' failure to take possession If, after signing this Agreement, Tenants fail to take possession of the premises, Tenants will still be responsible for paying rent and complying with all other terms of this Agreement. b. Landlord's failure to deliver possession If Landlord is unable to deliver possession of the premises to Tenants for any reason not within Landlord's control, including, but not limited to, partial or complete destruction of the premises, Tenants will have the right to terminate this Agreement upon proper notice as required by law. In such event, Landlord's liability to Tenants will be limited to the return of all sums previously paid by Tenants to Landlord. 18. Payment of Court Costs and Attorney Fees in a Lawsuit In any action or legal proceeding to enforce any part of this Agreement, the prevailing party shall not recover reasonable attorney fees and court costs. 19. Disclosures Tenants acknowledge that Landlord has made the following disclosures regarding the premises: Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards Home is in a flood plain and built to withstand up to 6 foot flood. Storage and use of garage level is subject to that risk. tenant is advised to purchase renter's and flood insurance to protect contents. Owner's insurance is on building only. Borough requires a report on names of occupants of rental units. 20. Authority to Receive Legal Papers C:\Documents and Settings\alldat gmc\Legal\Leases\STULLEASEDRFT.doc 4 1/4/2009 Residential Lease The Landlord, any person managing the premises, and anyone designated by the Landlord are authorized to accept service of process and receive other notices and demands, which may be delivered to: John Mangan, Attorney, 17 South Street, Carlisle, Pennsylvania 17013 21. Additional Provisions Additional provisions are as follows: --7?5-tenant must change the furnace filter at least every sixty (60) days. -tenant will be responsible for the cost of furnace service calls required by clogged filters ($120 approx.) Hose Bib is shared by B & C but conservation is appreciated. ... - AS 22. Validity of Each Part If any portion of this Agreement is held to be invalid, its invalidity will not affect the validity or enforceability of any other provision of this Agreement. 23. Grounds for Termination of Tenancy The failure of Tenants or Tenants' guests or invitees to comply with any term of this Agreement, or the misrepresentation of any material fact on Tenants' rental application, is grounds for termination of the tenancy, with appropriate notice to the Tenants and procedures as required by law. 24. Entire Agreement This document constitutes the entire Agreement between the parties, and no promises or representations, other than those contained here and those implied by law, have been made by Landlord or Tenants. Any modifications to this Agreement must be in writing signed by Landlord and Tenants. January 4, 2009 Landlord or Landlord's Agent Title George M. Cornwall 503-784-3888 1897 Boca Ratan Drive 717-323-0053 C:\Documents and Settings\alldat gmc\Legal\Leases\STULLEASEDRFT.doc 5 1/4/2009 Residential Lease The Landlord, any person managing the premises, and anyone designated by the Landlord are authorized to accept service of process and receive other notices and demands, which may be delivered to: John Mangan, Attorney, 17 South Street, Carlisle, Pennsylvania 17013 21. Additional Provisions Additional provisions are as follows: -_7A?-tenant must change the furnace filter at least every sixty (60) days. _tenant will be responsible for the cost of furnace service calls required by clogged filters ($120 approx.) Hose Bib is shared by B & C but conservation is appreciated. 22. Validity of Each Part If any portion of this Agreement is held to be invalid, its invalidity will not affect the validity or enforceability of any other provision of this Agreement. 23. Grounds for Termination of Tenancy The failure of Tenants or Tenants' guests or invitees to comply with any term of this Agreement, or the misrepresentation of any material fact on Tenants' rental application, is grounds for termination of the tenancy, with appropriate notice to the Tenants and procedures as required by law. 24. Entire Agreement This document constitutes the entire Agreement between the parties, and no promises or representations, other than those contained here and those implied by law, have been made by Landlord or Tenants. Any modifications to this Agreement must be in writing signed by Landlord and Tenants. January 4, 2009 Landlord or Landlord's Agent Title George M. Comwall 503-784-3888 1897 Boca Ratan Drive 717-323-0053 C:\Documents and Settings\alldat gmc\Legal\Leases\STULLEASEDRFT.doc 5 1/4/2009 Residential Lease Lake Oswego, OR 97034 January 4, 2009 Ashley Susanne Su Date Tenant ,W7528 U 517 lq- Morris Stree_ Shippensburg, PA 17257 ,-ADocuments and Settings\alldat gmc\Legal\Leases\STULLEASEDRFT.doc 6 1/4/2009 5331 SW Macadam Avenue Ste 258, Portland. OR 97239 August 1, 2009 Ms. Ashley S. Sultzaberger 10 B Orange Street Mt Holly Springs, PA 17065 Dear Ms. Sul zaberger, This is to inform you that you are seriously delinquent on the rent for the Town House at 10 B Orange Street Mt Holly Springs, PA 17065. Unless the rent is brought current or other arrangements made and agreed to in writing by this office on or before August 7, 2009, you must vacate the premises by _ August 10th, 2009. I regret that I am forced to do this but you have had diifficutty in meeting your obligations under the lease for several months and we can not allow this to continue. You are out of "chances". You need to deal with these various issues on along term basis. Sincerely, ,yGz?r? George M. Comwall, CPA Trustee Amounts Owed Total = $7,060: Plus Legal and Court Costs Month Rent Labe Fees Notice & legal Other April $110 April $75 $50 May $1050 $300 $50 June $1050 $225 $50 July $1050 $150 $50 Au $1050 $250 $500 Est Se Lieu of Notice $1050 Total $5250 $750 $450 $610 rr n u CEO I _ TO B TRUE COPY BY pate i _ ?/ p? eorge ornwall FILET}--a..:.: r Op THE I",f-, I??,TF-l!?,)",1O"?tkRY I i 1 1? ? 2009 NOV -4 A 11: 01 cut! i ! i f_; George M. CORNWALL, Dba POC Properties, LLC Plaintiff, VS. Ashley S. SuNzaberger & Chris Roe AKA Christian Soy Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5636 CIVIL TERM In Landlord Tenant Matters U. ?] ex:11 1" 1 :11-1 14781j- AND NOW comes George M. Cornwall, the above Plaintiff, herein "Landlord", appearing Pro-Se, and concerning A LAND LORD TENANT DISPUTE WITH Ashley Sultzaberger and Christopher Joy, AND having previously filed a complaint in this matter, avers and swears as follows: 1. On or about November 3, 2009, "Landlord" did effect service of the above captioned Response by hand delivery and / or mailing by First Class Mail postage prepaid a conformed copy of the Response and Motion to each of the named defendants via their Counsel. Respectfully Submitted, George M. Comwall Dated this firth day of November, 2009 -1- I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. Date: November 4, 2009 George M. Cornwall -2- FILFD-4-',,:!,CE OF THE PIP-71 `n-)`IOTARY 2009 NOV -4 AM i I : 0 7 ~ 1 GEORGE M. CORNWALL, IN THE COURT OF COMMON PLEAS OF POC PROPERTIES, LLC :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ASHLEY S. SULTZABERGER NO. 2009 - 5636 CIVIL TERM AND CHRIS ROE AKA CHRISTINA CHILDERS JOY IN RE: LANDLORD TENANT ORDER OF COURT AND NOW, this 12TH day of NOVEMBER, 2009, it appearing that there are unresolved preliminary objections, Plaintiff's "Motion for Immediate Possession of Real Property and Monetary Damages" is DENIED. George Cornwall Edward Guido, J. Ashley S. Sultzaberger Christian Joy :sld C'o~~ ~~ ,-r,~~L~C. ~~/~ 31 ~ =~ ` r..: Y j`~`~ 1 _ , ~' Z~~ +~~'~ . ,,,; i-~, ;,.~ ~ ,: _. .