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HomeMy WebLinkAbout09-5702COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. D 9- -5-70 17- ` ' r _ 1_zl ` NOTICE OF APPEAL NAM: ur nrrtL MAO. DIST. NO. OR NAME OF D.J. ?eX ADDRESS OF APPELLANT CITY STATE ZIP CODE 1Ul Cr?(klt?vo?r?I Clive ?kkkwlltq_ Per 1 DS DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) "gar I ?T' 1 ar VS. CLAIM NO. CV YEAR SIGNATURE OF APPELLANT ? ATTORNEY OR AGENT 1-Z LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. na n3 ary or uepwy If apK11a was C aimant (see PA R.C.P.J.P. No. 1001 ction before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ? J?a?1 Q? ? L? , U-C , appellee(s), to file a complaint in this appeal Name of ap ilee(s) (Common Pleas No. 09 510Z &t-) within twenty (20) days after service of rule or suffer ..t., , non pros. ( r Si at of appellant o is attorney or agent RULE: To ?it\ J - 4 k6LPL appellee(s) Name of appellee(s) D nNQ?PeOZZ/, ?5'. a1N -A ',C/ (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED r,?hrw i vu UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: (? c O gas / ?Oz) , Year d42p l? /12? QQ1, , A ?T Signature of Prothonot ry or 15eputy' White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Froth. - 76 Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. OF THE pROT MTRFry 2009 AUG 18 PM 12: 28 CUM thl.k-411 i 1iNTY PENNSYLVANIA Yq- at;- - CrZ.. ? 3 =zo P j.293yz, PROOF OF SERVICE OF NOTICE OF APPEAL ANDRULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) . year , ? by personal service ?by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on , year , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying ttie above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on year ? by personal service ?by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR Signature of official before whom affidavit was made Me of official Signature olAffient My commission expires on , year a . • COMMONWEALTH OF PENNSYLVANIA r.01 INTY r1F• C MERLAM Mag. Dist. No.: 09-2-02 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: r NAME and ADDRESS ADAK S HACZSR / H.E..L.P., LLC 18 NATSR1rORD LAN Z DOWNINGTOWN, PA 19335 L J VS. DEFENDANT: NAME and ADDRESS rDAPXZWICZ, ALEX 1977 CRICZLZWOOD COVE FOASLSVILLS, PA 18051 MDJ Name: Hon. JESSICA 8RZ BAZZR Address: 18 R HANOVER ST STS 106 CARLISLE, PA Telephone: (717 ) 240-6564 17013 ATTORNEY DSF PRIVATE : BENJAMIN D. PO BOX 554 CAMP HILL, ANDREOZZI L J Docket No.: CV-0000142-09 PA 17001 Date Filed: 5/08/09 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF in a amount o $ (Date of Judgment) 7/21/09 Fz1 Judgment was entered for: (Name) ADAX S SACKER / 8 • S. L. P. , LLC ® Judgment was entered against: (Name) DAPSSKICZ, ALEX th f 3,500.4 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F] Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 3,347.18 Judgment Costs $ 153.23 Interest on Judgment $ .00 Attorney Fees $ . U0 Total $ 3,500.43 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date I certify that this is a true and Date My commission expires first Monday of January, 2012 AOPC 315-07 7159'7! OUTIMIM. 7 /7'1 /no I Z'- '-?AtLL JA. ?.• , Magisterial District Ju copy of the record of the proceedings containing the judgment. oJ .'2 n.nn 112110 , Magisterial District Judge SEAL ??11=t lug OF ZN= P4 2049 AUK 24 ?? ?: 2? r?i'dv?Yl?l?k PROOF OF SERVICE OF NOTICE OF APPAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF C.& ?rV'4? : ss AFFIDAVIT: I hereby swear or affirm that I served UJ N a copy of the Notice of peal, Commo pleas No. uprth istric t Justice designated therein on (date of service) ye4r by personal service ertified) (registered) mail, sender's recei attache heretq, upon th a , (name AACLO" r on ITK% year ? by personal service [Hiby (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to FA e a Co Iai Vpanying the Voti whom ce of Appeal upon the appellee( Fo the Rule was addressed on _, year , [:]by personal service y (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 2cl DAY OF , YEAR 20 SroneOmPbinaal bbellwo whore affidavit was made A Wik i-UiY k& TWO of official My commission expires on , year -_PENNSYLVANIA Noraral Seal Public FCaerllr,hy L . t'otongbl?)od, Notary oyne Cjmberland CO 2010 y Ccmrr,issi0n Expires June 22, r, snriation of Notaries a w - `I {.?' ` A: L:1?? _ }? Fes` ....5.•'.? •`-T ^ -µ -,i - ilrvi-=vJ1.r •v v. • t s- ._vTT VJ.1 M 5 17- Postage r-I . iit3 . Vv. Certified Fee Postmark ? i.(1.- Here O Return Receipt Fee O (Endorsement Required) Restricted Delivery Fee C:3 (Endorsement Required) T?, ?} :tici?l ?zlttl3, CC) O Total Postage & Fees C3 ------------------------ Sant To ! lV ` 1)L+rkrN Y,M ----------- `S. Street, Apt iVo- or PO Box fYO. City. Si.'.. ZIP'4 - ------------------ ------------ ------------- _- y 0; f 11 Aw -1 F Cam' •---?'__- - . z•r C3 Postage 5 Certified Fee Postmark Here L v t'. d Return Receipt Fee O (Endorsement Required) =.(} Restricted Delivery Fee (Endorsement Required) T : J...•-r :ail s•Sr C3 Fees .V p Totai Postage & 0 Sent To ?(A? lvtl?lV Pn Q Srireet, APL No.; f 4 or PO box o. ------- [ti Crty, Scaie, ZtP.4 Benjamin D. Andreozzi P.O. BOX 554 CAMP HILL, PA 17001 717-926-1192 ATTORNEY FOR DEFENDANTS ALEX DAPKEWICZ AND BERKAY ONCEL Ben@midstatelaw.com ADAM S. HACKER/H.E.L.P., LLC Plaintiff, THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA VS. ALEX DAPKEWICZ, BERKAY ONCEL, and DAVID HENDERSON Defendants. NO: 09 - 5702 NO: 09 - 5773 NO: 09 - 5774 CIVIL ACTION - LAW MOTION TO CONSOLIDATE AND NOW, come the Defendants Alex Dapkewicz and Berkay Oncel, and file this Motion to Consolidate, alleging as follows: 1. This matter arises from the appeal of a District Justice decision. 2. On July 21, 2009, District Justice Jessica Brewbaker entered judgment in favor of the Plaintiff and against the Defendants individually. 3. On August 18, 2009, Defendant Alex Dapkewicz filed a Notice of Appeal docketed as No: 09-5702, and a Praecipe to Enter Rule to File Complaint. 4. On August 20, 2009, Plaintiff Adam S. Hacker/H.E.L.P., LLC filed a Notice of Appeal against Defendant David Henderson docketed as No. 09-5773 5. On August 20, 2009, Plaintiff Adam S. Hacker/H.E.L.P., LLC filed a Notice of Appeal against Defendant Berkay Oncel docketed as No: 09-5774. 6. When pending actions involve a common question of law or fact or which arise from the same transaction or occurrence, such as in the present cases, the court on motion may consolidate the cases. Pa.R.C.P 213(a). 6. The cases should be consolidated into No: 09-5702 because Defendant Alex Dapkewicz was the first party to file an appeal, and has already filed and served the Praecipe to Enter Rule to File Complaint. 7. No Judge has been assigned to this case. 8. Concurrence in the present Motion was given by counsel for Defendant David Henderson. 9. The undersigned attempted to obtain concurrence in the Motion from counsel for Plaintiff, but as of the time of service of the present Motion, Plaintiff's counsel has not responded. WHEREFORE, Defendants respectfully request that this Honorable Court enter an Order consolidating civil case No: 09-5702, No. 09-5773 No: 09-5774 into No: 09-5702. Respectfully submitted (?'V Date: August (C , 2009 By: ID#19927 P.O. Bo 4 Camp ill, PA 17001 (717) 926-1192 Counsel for Defendants 4 CERTIFICATE OF SERVICE I, Benjamin D. Andreozzi, Esquire, hereby state that I have this day caused to be served a true and correct copy of the foregoing Motion to Consolidate upon the persons and at the addresses below named, by U.S. Mail, First-Class, postage prepaid: Douglas Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Wayne Melnick 2 West High Stret Carlisle, PA 17013 Dated: ? ) g/?J By: Benjamin . Andreozzi, Esq Coos for Defendants Dab wicz and Oncel OF THE PRjo- i7)ITARV 2009 AUG 3 ! i 'f>_: u CUt ? _r i a l' t ? Benjamin D. Andreozzi P.O. BOX 554 CAMP HILL, PA 17001 717-926-1192 SEP 012009 e ATTORNEY FOR DEFENDANTS ALEX DAPKEWICZ AND BERKAY ONCEL Ben@midstatelaw.com ADAM S. HACKER/H.E.L.P., LLC Plaintiff, vs. ALEX DAPKEWICZ, BERKAY ONCEL, and DAVID HENDERSON Defendants. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO: 09 - 5702 NO: 09 _ 5773 NO: 09 - 5774 CIVIL ACTION - LAW ORDER AND NOW, this LA- day of , 2009, upon consideration of the Defendant Dapkewicz and Oncel's Motion to Consolidate, it is ORDERED than Civil Case No: 09-5702, No. 09-5773 No: 09-5774 shall be consolidated into No: 09-5702. FILE"-If RGE OF THE PROTI 'NO ARY 2009 SEP - ! PM 4: 09 A411 ADAM S. HACKER and H.E.L.P., LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009 - 5702 : (Consolidated with 2009-5773 and 2009-5774) ALEX DAPKEWICZ, BERKAY ONCEL, and DAVID F. HENDERSON, : Defendants : CIVIL ACTION NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and by 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 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ADAM S. HACKER and H.E.L.P., LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009 - 5702 : (Consolidated with 2009-5773 and 2009-5774) ALEX DAPKEWICZ, BERKAY ONCEL, and DAVID F. HENDERSON, : Defendants : CIVIL ACTION COMPLAINT AND NOW, this 28th day of September, 2009, come the Plaintiffs, ADAM S. HACKER and H.E.L.P., LLC, by and through their attorneys, Irwin & McKnight, P.C., and make the following Complaint against the consolidated Defendants, ALEZ DAPKEWICZ, BERKAY ONCEL, and DAVID F. HENDERSON, averring as follows: 1. Plaintiff Adam S. Hacker an adult individual with an address of 4106 Copperfield Drive, Harrisburg, Pennsylvania 17112. 2. Plaintiff Hacker is the recorded owner of certain property known and numbered as 230 West South Street, Carlisle, Pennsylvania 17013 (hereinafter the "Premises"). 3. Plaintiff H.E.L.P., LLC is a Pennsylvania limited liability company with its principal offices located at 18 Waterford Lane, Downingtown, Pennsylvania 19335. 4. Plaintiff Hacker and Robert Bowen are members of Plaintiff H.E.L.P., LLC which was organized in part to lease and manage the Premises. 5. Defendant Alex Dapkewicz is an adult individual who is or was formerly a student at Dickinson College, having a mailing address of HUB 603, P.O. Box 1773, Carlisle, Pennsylvania 17013. 6. On or about August 15, 2008, Defendant Dapkewicz entered into a written lease for the Premises for a one (1) year term to coincide with the fall 2008 and spring 2009 college semesters. A true and correct copy of the written lease signed by the parties is attached hereto and incorporated herein as Exhibit "A." 7. Defendant Dapkewicz moved into the Premises prior to executing the lease attached as Exhibit "A," but did make an initial payment of $1,000.00 to Plaintiffs. 8. Defendant Dapkewicz did not make any other rental payments to the Plaintiffs, nor did he pay into an escrow account or notify Plaintiffs that he was paying into an escrow account any rental payment. 9. Defendant Berkay Oncel is an adult individual who was formerly a student at Dickinson College, having a mailing address of HUB 1735, P.O. Box 1773, Carlisle, Pennsylvania 17013. 10. On or about October 4, 2008, Defendant Oncel entered into a written lease for the Premises for a one (1) year term to coincide with the fall 2008 and spring 2009 college semesters. A true and correct copy of the written lease signed by the parties is attached hereto and incorporated herein as Exhibit "B." 11. Defendant Oncel also moved into the Premises prior to executing the lease attached as Exhibit "B," but did make an initial payment of $1,800.00 to Plaintiffs, of which $1,000.00 was for the applicable security deposit. 12. Defendant Oncel did not make any other rental payments to the Plaintiffs, nor did he pay into an escrow account or notify Plaintiffs that he was paying into an escrow account any rental payment. 13. Defendant David F. Henderson is an adult individual who is or was formerly a student at Dickinson College, having a mailing address of 31 Vanderveer Drive, Basking Ridge, New Jersey 07920. 14. On or about June 2, 2008, Defendant Henderson entered into a written lease for the Premises for a one (1) year term to coincide with the fall 2008 and spring 2009 college semesters. A true and correct copy of the written lease signed by the parties is attached hereto and incorporated herein as Exhibit "C." 15. Defendant Henderson made payments totaling $6,000.00 to Plaintiffs, of which $1,000.00 was for the applicable security deposit. 2 16. Defendant Henderson did not pay Plaintiffs the additional rent amount of $500.00. 17. Prior to the leases with the Defendants, Plaintiffs had rented the Premises to two (2) different private families from May of 2005 through July of 2008. 18. Prior to the leases with the Defendants, Plaintiffs had made a number of improvements to the Premises, including upgrading the electrical service, installing new carpeting, painting the interior and exterior, sealing the roof, and installing new appliances, including a dishwasher, stove, refrigerator, garbage disposal, hot water heater, and microwave. 19. The lease agreements signed by each of the individual Defendants for the lease of the Premises are substantially the same, and require in part that the Defendants were to return possession of the Premises in its then present condition, reasonable wear and tear excepted. 20. The lease agreements signed by each of the individual Defendants further required them to ensure compliance with all building, zoning, and health codes, as well as all other laws applicable to the Premises. 21. In violation of the express and implied terms of their lease agreements, Defendants regularly held, sponsored, and/or allowed numerous other individuals to gather at the Premises for parties, during which alcohol was regularly consumed. 22. As a direct result of the regular parties occurring at the Premises and the failure of the Defendants to ensure compliance with the terms and conditions of their respective leases, numerous complaints were made to both the Carlisle Police Department and the Borough of Carlisle citing both the excessive noise of the occupants and large amounts of trash accumulating on and around the Premises. 23. On or about November 4, 2008, as a direct result of the Defendants' failure to ensure compliance with the terms and conditions of their respective leases, the Borough of Carlisle issued a violation notice to Plaintiffs because of the large accumulation of the Defendants' trash and rubbish at the Premises. A true and correct copy of the violation notice dated November 4, 2008 is attached hereto and incorporated herein as Exhibit "D." 3 24. On or about November 8, 2008, the Carlisle Police Department was called to the Premises because of a disturbance involving at lease one of the Defendants. 25. Upon information and belief, during the course of the disturbance the Premises suffered additional damages and Defendant Henderson was arrested. 26. Upon information and belief, the additional damages included but were not limited to multiple broken windows and holes and related damages to interior walls. 27. As a result of the disturbance on November 8, 2008 and resulting damages to the Premises, the Carlisle Police Department notified the Borough of Carlisle. 28. As a result of the disturbance on November 8, 2008 and resulting damages to the Premises, the Borough of Carlisle performed an inspection of the Premises and issued a Notice of Condemnation on or about November 14, 2008. A true and correct copy of the Notice of Condemnation is attached hereto and incorporated herein as Exhibit "E." 29. The Notice of Condemnation included multiple conditions of violation, including the amount of trash through the interior and around the exterior of the Premises, damaged drywall, damaged and missing windows, and unsanitary carpet. 30. Except for the numerous complaints with regard to the noise and trash and the disturbance of November 8th for which the police were summoned, the Borough of Carlisle would not have inspected the Premises and issued a Notice of Condemnation. 31. The original leases attached hereto provide that Defendants are responsible for any damages to the Premises, beyond normal wear and tear. 32. Defendants failed to maintain the property and instead damaged the Premises beyond normal wear and tear, resulting in the condemnation of the Premises. 33. These damages include but are not limited to failure to maintain the Premises in a habitable manner without risk of fire hazard or injury. 34. In order to make the Premises habitable, Plaintiffs were required to remove large amounts of trash and debris left by the Defendants. 4 35. Plaintiffs have been required to repair and replace multiple items including but not limited to windows, carpet, and drywall. 36. The lease agreements signed by the Defendants also required them to be responsible for the natural gas heat servicing the Premises. 37. Upon information and belief, Defendants did not pay for the natural gas heat servicing the Premises. 38. Upon vacating the property, Defendants reported that they had covered and sealed the broken windows. 39. However, upon inspection it was discovered that the Defendants did not properly or adequately cover and seal the windows resulting in the water pipes at the Premises freezing, bursting, and causing additional damages. 40. In addition, Plaintiffs were forced to repaint a significant portion of the Premises due to the damages and smell left as a result of the Defendants' use of the Premises. 41. The Premises remained uninhabitable because of the condition created by Defendants until on or about April 7, 2009. 42. Plaintiffs were unable to re-rent the Premises prior to the end of the 2009 spring semester of Dickinson College, because of the length of time involved in making the significant repairs in order to lift the condemnation notice. 43. As a result of the failure to pay rent when due, and other breaches of the terms of the signed agreements regarding the lease of the Premises, the Plaintiffs have in part incurred the following costs: Unpaid and lost rent $10,700.00 Filing fees 443.00 Trash removal, dumping fees & supplies 2,853.95 Repair/replace windows, walls, & pipes 10,540.00 Carpet 1,040.75 Interior paint (downstairs only) 2,650.00 TOTAL $28,227.70 5 44. Applying the security deposit amounts toward the current damages, results in current damages of $25,227.70, plus attorney fees, interest, and any and all additional lost rent or expenses due to additional physical damage to the Premises by Defendants. WHEREFORE, the Plaintiffs respectfully request that this Honorable Court enter judgment against Defendants and in favor of Plaintiffs in the amount of $25,227.70, plus any additional lost rent, attorney fees, filing and court costs, damages to the property and any other expenses which may become due and payable between the filing of this Complaint and trial thereon, together with all such other and further relief as this Honorable Court deems fair and dust. Respectfully Submitted, IRWIN & McKNIGHT, P.C. f By: 7?)?OV X1A, D glas . Miller, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: September 28, 2009 Attorney for Plaintiffs 6 VERIFICATION The foregoing document is based upon information which has been gathered by corporate counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S_A. Section 4904, relating to unsworn falsification to authorities. H.E.LY., LLC ROBERT BOWEN ;-K, 9 Date• VERIFICATION The foregoing document on behalf of the Plaintiff is based upon information which has been gathered by counsel for the Plaintiff in the preparation of this document. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief. The Plaintiff's verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Plaintiff according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. r Douglas ill e e, Esquire Date: September 28, 2009 EXHIBIT "A" SHORT FORM OF LEASE { (RESIDENTIAL) I LEASE AGREEMENT, made between H.E.L.P., LLC (Landlord) and Bow ke, w i C Z For good consideration it is agreed (Tenant). . between the parties as follows: 1. Landlord hereby leases and rents to Tenant the premises described as follows: 230 West South St. Carlisle, PA 17013 (premises) 2. This Lease shall be in effect for a term of 1 year, commencing on -August 15, 2008 (Date) and terminating on August 15, 2009(Date). 3. Tenant shall pay Landlord the annual rent of $5,500 $1,000 Security Deposit. Deposit is due prior to moving in to the premises. ?tu payment of the annual rent is due October 17, 2008, Tilej ?? ; S p? ?Z 7 5?0. a h 4. Tenant shall at its own expense provide the following utilities: Natural Gas Heat, Electric Cable TV 5. Tenant further agrees that: A) Upon the expiration of the lease it will return possession of the leased premises in its present condition, reasonable wear and tear excepted. Tenant shall commit no waste to the leased premises. B) It shall not assign or sublet or allow any other person to occupy the leased premises without Landlord's prior written consent. C) It shall not make any material or structural alterations to the leased premises without Landlord's prior written consent. D) It shall comply with all building, zoning and health codes and other applicable laws for said leased premises. E) It shall not conduct a business deemed extra hazardous, a nuisance or requiring an increase in fire insurance premiums. Tenant warrants the leased premises shall be used only for the following type business: NA F) In the event of any breach of the payment of rent or any other allowed charge, or other breach of this Lease, Landlord shall have full rights to terminate this Lease in accordance with state law and reenter and claim possession of the leased premises in addition to such other remedies available to Landlord arising from said breach. This includes all things written and agreed to in the entire agreement. 6. This Lease shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives. 7. Additional Lease terms: A. If two or more Tenants vacate the premises for any reason, the any remaining Tenants, if one of the remaining Tenants is the signature below, agree that the remainder of this lease will be void and they will have 30 days to vacate. Their money will be refunded based on the prorated amount. 8. The following items will be repaired as soon as possible by the landlord: A. The leak in the upstairs bathroom and the damaged area caused by the leak, which includes the bathroom floor and living room ceiling. Anything additional listed below must binitialed. r^ ?? B. ?YrP+-n 6 J l° 4C rJ12? p2 /cro'„"5. (J?? D. Signed and sealed this Adam S. Hacker Landlord (Month & Day), 2008 (Year) - t Tenant EXHIBIT "B" SHORT FORM OF LEASE (RESIDENTIAL) LEASE AGREEMENT, made between H.E.L.P., LLC (Landlord) and BMNi ©NC,£L (Tenant). For good consideration it is agreed between the parties as follows: 1. Landlord hereby leases and rents to Tenant the premises described as follows: 230 West South St. Carlisle. PA 17013 (premises) 2. This Lease shall be in effect for a term of 1 year, commencing on .August 15, 2008 (Date) and terminating on August 15, 2009(Date). 3. Tenant shall pay Landlord the annual rent of $5,500 go 1,000 Security Deposit. Deposit is due prior to moving in to the premises. Ipaymen fot the annual rent is due October 17, 2008. ?3QpO ;S Due Pete,-4., 8, 0 2O?$ \' 18D? a# .2?lOOao , S Pri? 15 .2D o9, G ( ?xJ 4. Tenant shall at its own expense provide the following utilities: Natural Gas Heat, Electric, Cable TV 5. Tenant further agrees that: A) Upon the expiration of the lease it will return possession of the leased premises in its present condition, reasonable wear and tear excepted.. Tenant shall commit no waste to the leased premises. B) It shall not assign or sublet or allow any other person to occupy the leased premises without Landlord's prior written consent. C) It shall not make any material or structural alterations to the leased premises without Landlord's prior written consent. D) It shall comply with all building, zoning and health codes and other applicable laws for said leased premises. E) It shall not conduct a business deemed extra hazardous, a nuisance or requiring an increase in fire insurance premiums. Tenant warrants the leased premises shall be used only for the following type business: NA s F) In the event of any breach of the payment of rent or any other allowed charge, or other breach of this Lease, Landlord shall have full rights to terminate this Lease in accordance with state law and reenter and claim possession of the leased premises in addition to such other remedies available to Landlord arising from said breach. This includes all things written and agreed to in the entire agreement. 6. This Lease shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives. 7. Additional Lease terms: A. If two or more Tenants vacate the premises for any reason, the any remaining Tenants, if one of the remaining Tenants is the signature below, agree that the remainder of this lease will be void and they will have 30 days to vacate. Their money will be refunded based on the prorated amount. 8. The following items will be repaired as soon as possible by the landlord: A. The leak in the upstairs bathroom and the damaged area caused by the leak, which includes the bathroom floor and living room ceiling. Anything additional listed below must be initialed 20 C. 7 % ; i?v f ??1Z D. Signed and sealed this 10 U (Month & Day), 2008 (Year) Adam S. Hacker Landlord Tenant EXHIBIT "C" SRORT FORM OF LICASE OWEDENML) LEASE AGREEMENT. made between _ H.E.I..P.. LLC ._.._„ (Landlord) and Davc Hcudenaon (Twat). For good consideration it is agmed between the parties as follows. 1. Landlord hemby leases and ra a to Tenant tbnt premises described as follows: ,'10 West Barth 5t C%Jisl PA "7013 2. This Lease sludl be in effect for a term of,l_ year, commencing on August 15, 2008 (Date) and mating on , August 15, 2009(Date). 3. Tenant shell pay Landlord the annual rent of $5,500_ _ 11:OQ0 security 17eposiL 4. Tort sha11 at its own expem provide the following utilities: `natural Gas Hs ElvcWc, Goble TV 5. Tenant fi tther agrees that A) Upou the expiration of the lease It will return ponesslon of the leased promisea in its psreaent conditlon,'reaaonable wear and tear excepted. Temamt shall commit no waste to the leased Froalses. B) It shall not assign or sublet or allow any other person to occupy the leased premises without Laudlwft prior written consent. C) It shall not make any material or structural alterations to the leased premises without LandlWs prior written consenL D) It shell comply with all building, zoning and health codes and other applicable laws for said leased pmx dses. E) It sball not conduit a business dectfied extra hazardous, a nuisance or requiring an increase in fire insurance premiums. Tenant warrants the leased premises shall be used only for the following typo business: NA F) In the event of any breach of the payment of rent or any other allowed charge, or other breach of this Lease, Landlord shall have fill rights to terminate this Lease in accordance with state law and reenter and claim, possession of the leased premises in addition to such other remedies available to Landlord arising from said breach. 6. This Lease shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives. 7. Additional Lease terms: T'o Be Determined before move in date This is to br, conAdereda L tt i o 'pmt a Um will Mow Signed and sealed this Lune 2 (Month & Day), !008 (Year) Adam S. H ker - - Dave Henderson - - Landlord Tenant EXHIBIT "D" BOROUGH OF CARLISLE "Committed To Excellence In Community Service" 1` Class & Certified Mail Violation Notice November 4.2008 Adam Hacker 4106 Copperfield Drive Harrisburg, Pa. 17112 Re: Property Maintenance Violations: 230 W. South St. Dear Property owner/tenants: The Code Enforcement Office at the Borough of Carlisle has recently received information concerning the following violation of the Code of the Borough of Carlisle, chapter 183 pertaining to property maintenance at the above referenced property: Condition in Violation: Accumulation of trash and rubbish on exterior property areas. Tenants are required to store trash in approved containers with lids as required preventing scattering. Trash must be removed from property on a weekly basis as required by Borough of Carlisle Code. Chapter/Section of Code: International Code Council Property Maintenance Code/2006 PM-302.1 (Sanitation) All exterior property and premises shall be maintained in a. clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. PM-305.1 (interior & exterior of property to be free from any accumulation of rubbish or garbage) PM-305.2/3 (disposal of rubbish/garbage shall be in a clean & sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage container with lid. Deadline for correction: November 14, 2008 Failure to comply with the terms of this notice shall constitute a violation of this code, for which, upon conviction thereof, you may be subject to a fine of not less than $50 nor more than $1,000. Each day the violation notice continues after due notice has been served shall be deemed a separate offense. Should you desire to appeal this order, you will have 10 days from the date of your receipt of this letter to file a written notice of appeal with the Carlisle Board of Appeals pursuant to section 5-7 of the Code of the Borough of Carlisle Please do not hesitate to call if you have questions or need additional information. 717-240-6938 Craig A. Doll Carlisle code enforcement officer cc: Property File 53 West South Street, Carlisle, PA 17013 Tel. (717) 249-4422 EXHIBIT "E" BOROUGH OF CARLISLE "Committed To Excellence in Community Service" Notice of Condemnation November 14.2008 Adam S. Hacker 4106 Copperfield Dr. Hattisburg, Pa. 17112 Re: Property Maintenance Violations: 230 W. South St. Carlisle, Pa. 17013 Parcel # 04-21-0320.352 Dear Property Owner: The Bamugh of Carlisle bas found the above referenced structure to be unsafe and its occupancy has been prohibited by the code official, as of November 14, 2008. It shall be unlawful for any pmson to enter this structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or demolishing the same, unless all of the following violations of the Code of the Borough of Carlisle, chapter 183 pertaining to property maintman ce have been corrected. International Property Maintenance Code 2006 Condition in Violation. (1) LPN-3W.1 Trash/ rubbish through-out structure and exterior property areas must be removed from property. (Violation notice sent 11-04-2008) (2) PM 3053 Interior of structure very unclean and unsanitary. All interior surfaces must be cleaned and sanitized. (3) PM-704.2 Structure lacks smoke detectors in required locations. (see attached) (4) PM-3Q5.1 All carpet must be professionally cleaned or replaced for sanitation and odor control. (5) PM Damaged drywall and plaster require repairs and refinishing. (6) nEM11.2 Leaking and defective plumbing mast be repaired by a licensed plumber, all paperwork most be submitted to borough for review. (a) Numerous leaks through-out structure must be repaired (b) Second story tub/shower drain partially clogged, drains slowly (c) Hot water heater lacks TPR piping (d) First story toilet room toilet tank leaning back against wall requires repair. (7) PM-6043 Electrical Distribution wiring in basement mast be repaired to comply comply with the National Electric Code 2005; all paperwork must be submitted to borough for review. (a) open splicing/ unapproved splicing methods (b) Damaged lighting fixtures (c) Conductors not terminating in approved electrical boxes (d) Damaged receptacles and switches (e) Switch and receptacle covers missing (f) All knob and tube wiring in basement most be removed and replaced. (g) All exterior entry doorways must be provided with working lighting Sxtures. (8) PM204.1 Damaged and missing windows (violation notice sent 11-11-10-08) in numerous locations require repair/ replacement. (All exterior Repairs must have approval by HARD and a certificate of appropriateness before any work can begin) (9) VM- 702.3 interior keyed deadbolt locks on means of egress doors roust be replaced with locks that are readily openable from the side from which egress is to be made witbout the need for keys, tools, special knowledge or effort. (10) PM-305.4 Damaged floor surfaces in first story toilet room (missing board) and second story bathroom (damaged file floor) most be repaired. (11) PM-302.4 High grass and weeds must be cut 53 West South Street, Carlisle, PA 17013 Tel_ (717) 249-4422 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: BENJAMIN ANDREOZZI, ESQUIRE P.O. BOX 554 CAMP HILL, PA 17001 WAYNE MELNICK, ESQUIRE 2 WEST HIGH STREET CARLISLE, PA 17013 Date: September 28, 2009 IRWIN & McKNIGHT, P.C. a4:2V'-11a& Douglas . Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Vii= T, r ?•,, ?' Ry r 21,109 SCE' 28 PIN Li: 03 AM & TtII,AKIS Wayne Melnick, Esquire Attorney I.D. No.: 53150 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 ADAM S. HACKER and H.E.L.P., LLC, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-5702 (consolidated with 2009-5773 & 2009-5774) ALEX DAPKEWICZ, BERKAY ONCEL, : And DAVID F. HENDERSON, : CIVIL ACTION Defendants You are hereby notified that you have twenty (20) days in which to plead to the enclosed New Matter or default judgment may be entered against you. Date: r0 xo D ? ABOM & KUMAEDS LLP Wayne M nick, Esquire Attorney I.D. #53150 Abom & Kutulakis, LLP 2 West High Street Carlisle, PA 17013 OM CSC' &U ULAKIS Wayne Melnick, Esquire Attorney I.D. No.: 53150 2 West South Street Carlisle, Pennsylvania 17013 (717) 249-0900 ADAM S. HACKER and H.E.L.P., LLC, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-5702 (consolidated with 2009-5773 & 2009-5774) ALEX DAPKEWICZ, BERKAY ONCEL, : And DAVID F. HENDERSON, : CIVIL ACTION Defendants TO THE PROTHONOTARY OF SAID COURT: DEFENDANT' ANSWER AND NEW MATTER ANSWER AND NOW this 20th day of October, 2009, comes the Defendant, David F. Henderson, by and through his Attorney, Wayne Melnick, Esquire of Abom & Kutulakis, LLP, and enters this reply to Plaintiff's. Complaint and files Defendant's New Matter as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. After reasonable investigation, Defendant is unable to assert the truth or falsity of this averment. To the extent that an answer is necessary, the averment should be deemed denied. 8. Denied. After reasonable investigation, Defendant is unable to assert the truth or falsity of this averment. To the extent that an answer is necessary, the averment should be deemed denied. 9. Admitted. 10. Admitted. 11. Admitted. 12. Denied. After reasonable investigation, Defendant is unable to assert the truth or falsity of this averment. To the extent that an answer is necessary, the averment should be deemed denied. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Denied. After reasonable investigation, Defendant is unable to assert the truth or falsity of this averment. To the extent that an answer is necessary, the averment should be deemed denied. 18. Denied. After reasonable investigation, Defendant is unable to assert the truth or falsity of this averment. To the extent that an answer is necessary, the averment should be deemed denied. 19. Admitted. 20. Admitted. 21. Admitted in part, Denied in part. It is admitted that the Defendants held parties at the residence where alcohol was consumed. It is denied that this constituted a violation of the express or implied terms of the lease agreements. 22. Denied as a conclusion of law. 23. Denied as a conclusion of law. 24. Admitted. 25. Admitted. 26. Admitted in part, Denied in part. It is admitted that windows were broken. It is denied that the events of November 8, 2008 resulted in holes and damages to interior walls. 27. Denied. After reasonable investigation, Defendant is unable to assert the truth or falsity of this averment. To the extent that an answer is necessary, the averment should be deemed denied. 28. Admitted in part, Denied in part. It is admitted that Exhibit "E" is a true and correct copy of a Notice of Condemnation. It is denied that the Condemnation was the result of the November 8, 2008 disturbance as there were numerous violations contributed to the condemnation which were unrelated to the events of November 8, 2008 and predated the Defendants' leases. 29. Denied as a conclusion of law. The Notice is attached to the Complaint as Exhibit "E." The content of the Notice speaks for itself. 30. Denied. After reasonable investigation, Defendant is unable to assert the truth or falsity of this averment. Defendant is without knowledge as to when the Borough would or would not have inspected the premises. To the extent that an answer is necessary, the averment should be deemed denied. 31. Denied as a conclusion of law. The leases are attached to the Complaint as Exhibits. The content of the leases speak for themselves. 32. Denied as a conclusion of law. It is further Denied that Defendant's actions resulted in the condemnation of the premises. 33. Denied as a conclusion of law. It is further Denied that Defendant's actions contributed to any risk of fire hazard or injury. 34. Denied as a conclusion of law. It is further Denied that Defendant's actions rendered the house uninhabitable. 35. Denied. After reasonable investigation, Defendant is unable to assert the truth or falsity of this averment. To the extent that an answer is necessary, the averment should be deemed denied. 36. Denied as a conclusion of law. The leases are attached to the Complaint as Exhibits. The content of the leases speak for themselves. 37. Denied as a conclusion of law. The leases are attached to the Complaint as Exhibits. The content of the leases speak for themselves. By way of further answer, Plaintiffs were aware that Defendants were no longer residing in the residence when the heat was turned off. Plaintiff made no effort to reestablish heat service to the residence. 38. Denied. Upon vacating the premises, the Defendants made an attempt to cover the broken windows. Plaintiffs knew or should have known after inspection that the windows were not sealed and that the Defendant's lacked access to the premises to seal the windows. Plaintiffs chose not to seal the windows themselves. 39. Denied. Upon Defendants vacating the premises, Plaintiffs knew or should have known that the windows were not sealed and that the Defendant's lacked access to the premises to seal the windows. Plaintiffs chose not to seal the windows themselves or take action to prevent the pipes from freezing. 40. Denied as a conclusion of law. 41. Denied as a conclusion of law. 42. Denied. After reasonable investigation, Defendant is unable to assert the truth or falsity of this averment. To the extent that an answer is necessary, the averment should be deemed denied. 43. Denied as a conclusion of law. 44. Denied as a conclusion of law. NEW MATTER 45. Defendant incorporates by reference paragraphs 1 through 44 of this Answer as though set forth at length. 46. Plaintiffs' claims are barred in whole or in part by her own actions or inactions. 47. Plaintiffs' claims are barred by unclean hands. 48. Defendant asserts that Plaintiffs' claims were caused by intervening and/or by superseding causes not within the control of Defendants. 49. Some or all of Plaintiffs' claims may have resulted from pre-existing conditions of the premises, fixtures, and/or attachments not related to the actual acts and/or omissions of the Defendants. 50. To the extent that discovery in this case and the facts produced at Trial demonstrate the availability of any of the affirmative defenses preserved by virtue of the provisions of the Pennsylvania Rules of Civil Procedure. Defendant reserves the right to offer such facts in support of any such affirmative defense so preserved. Respectfully submitted, DATE (6 d b S A8OM &KUHffAU,S LZP Wayne Melnick, Esquire 2 W. High Street Carlisle, PA 17013 (717) 249-0900 ID No. 53150 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S. §4904, relating to unsworn falsification to authorities. Date David F. Henderson CERTIFICATE OF SERVICE AND NOW, this 20'h day of October, 2009, I, Wayne Melnick, Esquire, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Answer and New Matter by first class mail addressed to the following: Douglas G. Miller, Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 DATE I 01A0109 Wayne Melnick, Esquire OF THE F"I" 2009 OCT 2 0 PH 4: 0 Benjamin D. Andreozzi P.O. BOX 554 CAMP HILL, PA 17001 717-926-1192 ADAM S. HACKER/H.E.L.P., LLC Plaintiff, vs. ALEX DAPKEWICZ, BERKAY ONCEL, and DAVID HENDERSON Defendants. ATTORNEY FOR DEFENDANTS ALEX DAPKEWICZ AND BERKAY ONCEL THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO: 09 - 5702 CIVIL ACTION - LAW NOTICE TO DEFEND TO: Douglas Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013-3222 You are hereby notified to plead to the enclosed Answer with New Matter and Counterclaim within twenty (20) days of service hereof or a default judgment may be filed against you. I') A Date: October OW , 2009 By:__. .Z Benjamin t?l ID# 8927 P.O. Box Camp Hill, PA 17001 (717) 926-1192 l Benjamin D. Andreozzi P.O. BOX 554 CAMP HILL, PA 17001 717-926-1192 ADAM S. HACKER/H.E.L.P., LLC Plaintiff, VS. ALEX DAPKEWICZ, BERKAY ONCEL, and DAVID HENDERSON Defendants. ATTORNEY FOR DEFENDANTS ALEX DAPKEWICZ AND BERKAY ONCEL THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO: 09 - 5702 CIVIL ACTION - LAW DEFENDANT ALEX DAPKEWICZ'S ANSWER WITH NEW MATTER AND COUNTERCLAIM ANSWER 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 4. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 5. Admitted. 6. Denied. The parties entered into the lease in early October, 2008 7. Admitted. 8. Admitted. 9. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 10. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 11. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 12. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 13 Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 14. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 15. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 16. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 17. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 18. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 19. Denied. This paragraph contains Plaintiff's characterization or summary of a document which speaks for itself, and as such, no response is necessary. 20. Denied. This paragraph contains Plaintiff's characterization or summary of a document which speaks for itself, and as such, no response is necessary. 21. Denied. This paragraph is a conclusion of law to which no response is necessary. 22. Denied. This paragraph contains conclusions of law and fact to which no response is necessary. 23. Denied. This paragraph contains conclusions of law and fact to which no response is necessary. 24. Denied as stated. It is admitted that on or about November 8, 2008, the Carlisle Police Department was called to the premises because of a disturbance involving Defendant Henderson. It is denied that any other Defendant was involved in such a disturbance. 25. Denied as stated. It is admitted that on or about November 8, 2008, Defendant Henderson caused damage to the property. Defendant is without knowledge sufficient to form an answer to the truth of whether Defendant Henderson was arrested, and thus it is denied. 26. Denied as stated. It is admitted that Defendant Henderson caused damage to windows and interior walls. Defendant is without knowledge sufficient to form an answer to the truth of what other damage was caused, and thus such damage is denied. 27. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 28. Denied. The Borough of Carlisle performed an inspection of the Premises and issued a Notice of Condemnation because the Plaintiffs failed to provide Defendants with a property that was in habitable condition. 29. Denied. This paragraph contains Plaintiff's characterization or summary of a document which speaks for itself, and as such, no response is necessary. 30. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 31. Denied. This paragraph contains Plaintiff's characterization or summary of a document which speaks for itself, and as such, no response is necessary. 32. Denied. Defendant Dapkewicz properly maintained the property, and his tenancy resulted in nothing more than normal wear and tear, and had nothing to do with condemnation of the property, which can be attributed to Plaintiffs' providing Defendants with a property that was not in habitable condition. 33. Denied. See response to paragraph 32. 34. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 35. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 36. Denied. This paragraph contains Plaintiffs characterization or summary of a document which speaks for itself, and as such, no response is necessary. 37. Denied. Defendants paid for natural gas heat servicing the Premises. 38. Admitted. 39. Denied. This paragraph contains conclusions of law and fact to which no response is necessary. 40. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 41. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of how long the Premises remained uninhabitable, and strict proof of the same is required at the time of trial. The allegation that the Defendants caused the uninhabitable condition is specifically denied because it was Plaintiffs who allowed such a condition to exist prior to the time Defendants moved into the Premises. 42. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 43. Denied. This paragraph contains conclusions of law to which no response is necessary. By way of further answer rent was not due as a result of Plaintiffs' failure to provide Defendants with a property that was in a habitable condition, and Defendant Dapkewicz denies "other breaches", which are not identified specifically by Plaintiff, ever occurred. 44. Denied. This paragraph contains conclusions of law and fact to which no response is necessary. It is specifically denied that any damages are owed to Plaintiffs for reasons set forth in New Matter. WHEREFORE, Defendant Dapkewicz respectfully requests that this Honorable Court enter judgment in his factor on Plaintiffs' claim. NEW MATTER 45. Paragraphs 1-44 are incorporated by reference as if set forth at length. 46. The lease agreement between Defendant and Plaintiffs was void from the inception. 47. Plaintiffs failed to deliver the Premises in a habitable condition at the time the lease term commenced. 48. Plaintiffs failed to perform conditions precedent to make the lease terms legally binding. 49. Plaintiffs charged Defendant a security deposit which was in excess of two (2) months rent. 50. Plaintiffs breached the lease by failing to comply with the lease terms. 51. After two or more Tenants vacated the Premises, the remainder of the lease was void. 52. Plaintiffs are precluded from relief due to the doctrine of unclean hands. 53. Defendant was fraudulently induced into entering into the lease agreement. 54. Plaintiffs have failed to mitigate their damages. 55. Plaintiffs claim is barred by the theory of accord and satisfaction. WHEREFORE, Defendant Dapkewicz respectfully requests that this Honorable Court enter judgment in his favor on Plaintiffs' claim. COUNTERCLAIM 56. Paragraphs 1-55 are incorporated by reference as if set forth at length. 57. Plaintiffs took a security deposit from Defendant in an amount of at least $1,000. 58. Defendant has requested the return of the security deposit and provided Plaintiffs with a mailing address pursuant to the Landlord Tennant Act. 59. Plaintiffs have refused to return the security deposit in violation of the Landlord Tenant Act. 60. Plaintiffs breached the terms of the lease agreement by failing to make certain repairs to the Premises, failing to deliver the Premises in a reasonable or even habitable condition, and requiring and unlawful security deposit. 61. As a result of Plaintiffs' breach, Defendant Dapkewicz was forced to move out of the Premises and secure alternative housing, leading him to incur costs and expenses for which Plaintiffs are liable. WHEREFORE, Defendant Dapkewicz respectfully requests that this Honorable Court enter judgment in his favor in an amount within the mandatory arbitration limits. Date: October , 2009 By: Benjamin D An z ID# 89271 P.O. Box 5 Camp Hill, PA 17001 (717) 926-1192 VERIFICATION 1, Alex Dapkewicz, verify that I am a party in this case and that the attached Answer with New Matter and Counterclaim is based upon the information which has been gathered by me, my counsel and/or others on my behalf in preparation of the defense of this lawsuit. The language of the Answer with New Matter and Counterclaim is that of counsel and is not mine. I have read the Answer with New Matter and Counterclaim and to the extent that it is based upon information which I have given to my counsel, is true and correct to the best o my knowledge, information and belief. To the extent that contents of the Answer with New Matter and Counterclaim are that of counsel and/or others on my behalf, I have relied upon them in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications made to authorities. Date: October 2009 Alex Dapkewicz CERTIFICATE OF SERVICE I, Benjamin D. Andreozzi, Esquire, hereby state that I have this day caused to be served a true and correct copy of the foregoing DEFENDANT ALEX DAPKEWICZ'S ANSWER WITH NEW MATTER AND COUNTERCLAIM upon the persons and at the addresses below named by first class mail: Douglas Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013-3222 Wayne Melnick, Esquire 2 West High Street Carlisle, PA 17013 Date: October Z , 2009 B P.O. Box 554 Camp Hill, PA 17001 (717) 926-1192 2i? 9 GC% 2_i PH 12: 4 5 CMi 1' '? Benjamin D. Andreozzi P.O. BOX 554 CAMP HILL, PA 17001 717-926-1192 ADAM S. HACKER/H.E.L.P., LLC Plaintiff, VS. ALEX DAPKEWICZ, BERKAY ONCEL, and DAVID HENDERSON Defendants. ATTORNEY FOR DEFENDANTS ALEX DAPKEWICZ AND BERKAY ONCEL THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO: 09 - 5702 CIVIL ACTION - LAW C" N C c? -T1 .rte F1 NOTICE TO DEFEND TO: Douglas Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013-3222 You are hereby notified to plead to the enclosed Answer with New Matter and Counterclaim within twenty (20) days of service hereof or a default judgment may be filed against you. Date: October 010 '2009 i By: Benjamin D. Andreozzi ID# 89271 P.O. Box 554 Camp Hill, PA 17001 (717) 926-1192 Benjamin D. Andreozzi P.O. BOX 554 CAMP HILL, PA 17001 717-926-1192 ADAM S. HACKER/H.E.L.P., LLC Plaintiff, VS. ALEX DAPKEWICZ, BERKAY ONCEL, and DAVID HENDERSON Defendants. ATTORNEY FOR DEFENDANTS ALEX DAPKEWICZ AND BERKAY ONCEL THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO: 09 - 5702 CIVIL ACTION - LAW DEFENDANT BERKAY ONCEL'S ANSWER WITH NEW MATTER AND COUNTERCLAIM ANSWER 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 4. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 5. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 6. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 7. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 8. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 9. Admitted. 10. Admitted. 11. Admitted in part, denied in part. It is admitted that Defendant Oncel moved into the Premises prior to executing the lease, and by way of further answer, he did so with the consent of the Plaintiff. It is admitted that Defendant Oncel made an initial payment of $1,800 to Plaintiffs, however, Defendant Oncel is without knowledge sufficient to form an answer as to whether this money was used by Plaintiffs as a security deposit or as a rent, and thus this averment is denied and strict proof of the same is required at the time of trial. 12. Admitted. By way of further information, Defendant Oncel was not obligated to do so as set forth in greater detail in New Matter. 13 Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 14. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 15. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 16. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 17. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 18. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 19. Denied. This paragraph contains Plaintiff's characterization or summary of a document which speaks for itself, and as such, no response is necessary. 20. Denied. This paragraph contains Plaintiff's characterization or summary of a document which speaks for itself, and as such, no response is necessary. 21. Denied. This paragraph is a conclusion of law to which no response is necessary. 22. Denied. This paragraph contains conclusions of law and fact to which no response is necessary. 23. Denied. This paragraph contains conclusions of law and fact to which no response is necessary. 24. Denied as stated. It is admitted that on or about November 8, 2008, the Carlisle Police Department was called to the premises because of a disturbance involving Defendant Henderson. It is denied that any other Defendant was involved in such a disturbance. 25. Denied as stated. It is admitted that on or about November 8, 2008, Defendant Henderson caused damage to the property. Defendant is without knowledge sufficient to form an answer to the truth of whether Defendant Henderson was arrested, and thus it is denied. 26. Denied as stated. It is admitted that Defendant Henderson caused damage to windows and interior walls. Defendant is without knowledge sufficient to form an answer to the truth of what other damage was caused, and thus such damage is denied. 27. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 28. Denied. The Borough of Carlisle performed an inspection of the Premises and issued a Notice of Condemnation because the Plaintiffs failed to provide Defendants with a property that was not in habitable condition. 29. Denied. This paragraph contains Plaintiff's characterization or summary of a document which speaks for itself, and as such, no response is necessary. 30. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 31. Denied. This paragraph contains Plaintiff's characterization or summary of a document which speaks for itself, and as such, no response is necessary. 32. Denied. Defendant Oncel properly maintained the property, and his tenancy resulted in nothing more than normal wear and tear, and had nothing to do with condemnation of the property, which can be attributed to Plaintiffs providing Defendants with a property that was not in habitable condition. 33. Denied. See response to paragraph 32. 34. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 35. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 36. Denied. This paragraph contains Plaintiff's characterization or summary of a document which speaks for itself, and as such, no response is necessary. 37. Denied. Defendants paid for natural gas heat servicing the Premises. 38. Admitted. 39. Denied. This paragraph contains conclusions of law and fact to which no response is necessary. 40. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 41. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of how long the Premises remained uninhabitable, and strict proof of the same is required at the time of trial. The allegation that the Defendants caused the uninhabitable condition is specifically denied because it was Plaintiff's who allowed such a condition to exist prior to the time Defendants moved into the Premises. 42. Denied. After reasonable investigation answering Defendant is without knowledge sufficient to form an answer to the truth of this allegation, and strict proof of the same is required at the time of trial. 43. Denied. This paragraph contains conclusions of law to which no response is necessary. By way of further answer rent was not due as a result of Plaintiffs' failure to provide Defendants with a property that was in a habitable condition, and Defendant Oncel denies "other breaches", which are not identified specifically by Plaintiff, ever occurred. 44. Denied. This paragraph contains conclusions of law and fact to which no response is necessary. It is specifically denied that any damages are owed to Plaintiffs for reasons set forth in New Matter. WHEREFORE, Defendant Oncel respectfully requests that this Honorable Court enter judgment in his favor on Plaintiffs' claim. NEW MATTER 45. Paragraphs 1-44 are incorporated by reference as if set forth at length. 46. The lease agreement between Defendant and Plaintiffs was void from the inception. 47. Plaintiffs failed to deliver the Premises in a habitable condition at the time the lease term commenced. 48. Plaintiffs failed to perform conditions precedent to make the lease terms legally binding. 49. Plaintiffs charged Defendant a security deposit which was in excess of two (2) months rent. 50. Plaintiff breached the lease by failing to comply with the lease terms. 51. After two or more Tenants vacated the Premises, the remainder of the lease was void. 52. Plaintiffs are precluded from relief due to the doctrine of unclean hands. 53. Defendant was fraudulently induced into entering into the lease agreement. 54. Plaintiffs have failed to mitigate their damages. 55. Plaintiffs claim is barred by the theory of accord and satisfaction. WHEREFORE, Defendant Oncel respectfully requests that this Honorable Court enter judgment in his favor on Plaintiffs' claim. COUNTERCLAIM 56. Paragraphs 1-55 are incorporated by reference as if set forth at length. 57. Plaintiffs took a security deposit from Defendant in an amount of at least $1,000. 58. Defendant has requested the return of the security deposit and provided Plaintiff s with a mailing address pursuant to the Landlord Tennant Act. 59. Plaintiffs have refused to return the security deposit in violation of the Landlord Tenant Act. 60. Plaintiffs breached the terms of the lease agreement by failing to make certain repairs to the Premises, failing to deliver the Premises in a reasonable or even habitable condition, and requiring and unlawful security deposit. 61. As a result of Plaintiffs' breach, Defendant Oncel was forced to move out of the Premises and secure alternative housing, leading him to incur costs and expenses for which Plaintiffs are liable. WHEREFORE, Defendant Oncel respectfully requests that this Honorable Court enter judgment in his favor in an amount within the mandatory arbitration limits. Date: October ao , 2009 By: 'Andreozzi ID# 89271 P.O. Box 554 Camp Hill, PA 17001 (717) 926-1192 VERIFICATION I, Berkay Oncel, verify that I am a party in this case and that the attached Answer with New Matter and Counterclaim is based upon the information which has been gathered by me, my counsel and/or others on my behalf in preparation of the defense of this lawsuit. The language of the Answer with New Matter and Counterclaim is that of counsel and is not mine. I have read the Answer with New Matter and Counterclaim and to the extent that it is based upon information which I have given to my counsel, is true and correct to the best o my knowledge, information and belief. To the extent that contents of the Answer with New Matter and Counterclaim are that of counsel and/or others on my behalf, I have relied upon them in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications made to authorities. Date: October( , 2009 J00 Berkay Oncel CERTIFICATE OF SERVICE I, Benjamin D. Andreozzi, Esquire, hereby state that I have this day caused to be served a true and correct copy of the foregoing DEFENDANT BERKAY ONCEL'S ANSWER WITH NEW MATTER AND COUNTERCLAIM upon the persons and at the addresses below named by first class mail: Douglas Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013-3222 Wayne Melnick, Esquire 2 West High Street Carlisle, PA 17013 II ll Date: October ? V 1 2009 By: Benjamin ID# 8927 P.O. Box 554 Camp Hill, PA 17001 (717) 926-1192 ._ _ r ABOM ~' j~LITLII.AKIS Jason P. Kutulakis, Esquire Attorney LD. No: 80411 Melissa P. Tanguay, Esquire Attorney I.D. No: 307155 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 ADAM S. HACKER and H.E.L.P, LLC, Plaintiff v. ALEX DAPKEWICZ, BERKAY ONCEL and DAVID F. HENDERSON, Defendant { ,M~.f ~~' ~, . p~ 3• ~~ LL,,, .~~~,~ ;-~ r )~`~t~ V4~i ~_. I,L\ a~ . `I~' t'C.:,.t ., r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-5702 CNIL ACTION -LAW Please enter our appearance on behalf of Defendant, David F. Henderson in place of Wayne S. Melnick, Esquire, in the above-captioned matter. DATE ~ ' v Respectfully submitted, ABOM & KUTULAIfIS, LLP J son P. ~utulakis, Esquire 2 est High Street ' le, PA 17013 17) 249-0900 D No. 80411 ABOM & KUTULAKIS, I.LP DATE ~' n C JI KJ'~ ~ V ...-l V K~.~' Melissa P. Tanguay, Esquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID No. 307155 AND NOW, this ~~ day of July, 2010, I, Sally Evans of Abom & Kutulakis, I.L.P, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Substitute Counsel by depositing, or causing to be deposited, same in the United States Mail, first-class mail, postage prepaid addressed to the following: Douglas G. Miller, Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 (Attorney forAdam Hacker and H.E.LP., T .T .r) Benjamin D. Andreozzi, Esquire P.O. Box 554 Camp Hill, PA 17001 (Attorney forAlex DapketvicZ and Berkay Oncel) S y Evans ADAM S. HACKER and H.E.L.P., LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2009—5702 •• (Consolidated with 2009-5773 and 2009-5774) ALEX DAPKEWICZ, BERKAY ONCEL, and DAVID F. HENDERSON, : Defendants : CIVIL ACTION STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiffs intend to proceed with the above-captioned matter. ---3 Respectfully submitted, IRWIN & McKNIGHT, P C c.� Dated: October 7, 2013 By: ��/4 si Al#1i % tr Dou as G/ iller, Esquire Supreme Court I.D. No: 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: BENJAMIN ANDREOZZI, ESQUIRE P.O. BOX 554 CAMP HILL, PA 17001 JASON KUTULAKIS, ESQUIRE 2 WEST HIGH STREET CARLISLE, PA 17013 Dated: October 7, 2013 IRWIN & McKNIGHT, P.C. Douglas . Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353