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HomeMy WebLinkAbout10-0407. _. ¦nwssnAlWRA1 TN fIC DCAIAICV) vAwnA COURT OF COMMON PLEAS Ninth Judicial District, County Of' Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL lu - -?-i1ed I /14 /lo Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. '-'r MAG. DIST. NO. NAME OF MDJ Robert J. Kasper 09-3-01 Harold E. Bender a yr nrrCLLIN I CITY STATE ZIP CODE 3806 Conestoga Road Camp Hill PA 17011 -- (Defendant)' 12/23/2009 Robert J. Kasper V. Jason Haycock and Melissa Haycock DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT LT-0000336-09 kzr? This block will be signed ONLY when this notation is required under Pa. If appellant was Clai ant (see Pa. R.C.RD.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. appellee(s), to file a complaint in this appeal Name of appellee(s) ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To , appellee(s) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. )ate: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. )PC 312-05 FILEG- J FICF T --7 10 1, AP ? 10 JAN 19 PM 2: 38 4- *91,015 PD A ctiL10 aaoga CUMLL -,.\If ° * t,? l? fi't` 'C` LVA N COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMERLAND Mag. Dist. No.: MDJ Name: Hon. 09-3-01 HAROLD E. BENDER Address: 35 W ORANGE ST SHIPPENSBURG, PA Telephone: (717 ) 532-7676 17257-0361 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF.'ONRESIDENTIAL LEASE NAME and ADDRESS rKASPER, ROBERT J. 3806 CONESTOGA ROAD HILL, PA 17011 L J VS. DEFENDANT: NAME and ADDRESS rHAYCOCK, JASON, ET AL. 76 GOODHART ROAD SHIPPENSBURG, PA 17257 ROBERT J. KASPER L- J 3806 CONESTOGA ROAD DocketNo.: LT-0000336-09 CAMP HILL, PA 17011 Date Filed: 12/11/09 THIS IS TO NOTIFY YOU THAT: HAYCOCK, JASON DEF 001 Judgment: DI?T_SE W/O PREJQDICR 12123/09 ? Judgment was entered for: (Name) Judgment was entered against in a ? Landlord/Tenant action in the amount of $ .00 on (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established by DJ Less • Security Deposit Appli dd Rent in Arrears $ 0 - $ . ?0 = Physical Damages Leasehold Property $ .00 - $ . 00= Damages/Unjust Detention $ -nn -1 -an= Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount Judgment Costs ? Defendants are jointly and severally liable. Attorney Fees ? This case dismissed without prejudice. Total Judgment ? Possession granted. I Post Judgment Credits Post Judgment Costs Certified Judgment Total ? Possession granted if money judgment is no sa is ie y time o eviction. ? Possession not granted. $ Adjudicated Amount .00 $ .00 $ _nn $ _00 $ _nn $ _00 $ -On $ _nn $ .00 ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE QF 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. 6 - Date Magisterial District Judge .t is is a true an correct copy o the record o e proceedings con ammg a judgment. Date , Magisterial District Judge My co C 31 58- m07 mission expires first Monday of January, SEAL COMMONWEALTH OF PENNSYLVANIA rill IMTY r1F• CUMBERLAND Mag. Dist. No.: MDJ Name: Hon. 09-3-01 HAROLD E. BENDER Address: 3 5 W ORANGE ST SHIPPENSBURG, PA Telephone: 717 ) 532-7676 17257-0361 NOTICE OF JUDGMENT/TRANSCRIPT NONRESIDENTIAL LEASE PLAINTIF . NAME and ADDRESS tASPER, ROBERT J. 3806 CONESTOGA ROAD CAMP HILL, PA 17011 L DEFENDANT: rE-1AY000K, JASON, 76 GOODHART ROAD SHIPPENSBURG, PA J vs. NAME and ADDRESS ET AL. 17257 L -? ROBERT J. KASPER 3806 CONESTOGA ROAD Docket No.: LT-0000336-09 CAMP HILL, PA 17011 Date Filed: 12/11/09 THIS IS TO NOTIFY YOU THAT: HAYCOCK, MELISSA DEF 002 Judgment: DISMISSED W[O PREJUDICE 12123109 -- ? Judgment was entered for: (Name) Judgment was entered against in a ? Landlord/Tenant action in the amount of $ . 00 on (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established by DJ Less - Security Deposit Applie? _ Rent in Arrears $ .00- $ 08 Physical Damages Leasehold Property $ .00- .00° Damages/Unjust Detention $ - 00 - -on= Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount Judgment Costs ? Defendants are jointly and severally liable. Attorney Fees This case dismissed without prejudice. Total Judgment ? Possession granted. Post Judgment Credits Post Judgment Costs Certified Judgment Total ? Possession granted if money judgment is no sa Is Ie y time o evict-ion. Possession not granted. Adjudicated Amount $ .00 $ -00 $ .00 $ _00 $ _00 $ -00 $ _An $ .00 ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS 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. 4ate a. ' G? l Is a true an correc copy o he record o the Date riai District Magisterial District Judge Myr commission expires first Monday of January, SEAL C 3158-07 AO 04 T. r.? } F 16 1?,..? ?' ,? r •.?dYl PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served aa6? ? Vo7 ® a copy of the Notice of Appeal, Common Pleas No. upon the Magisterial District Judge designated therein on (date of service) January 19, 2010, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Jason Haycock and Melissa Haycock, on January 19, 2010 ?by personal service ® Eertified) egistered) mail, sender's receipt attached hereto. (SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THISo? DAY OF January, 2010 p Si at of official before whom affidavit was made o ar ` Title of o cial My commission expires on M-0&, 20 00MM0Nw€ALft4 OP- PP-NNGYLVANIA Notarial Seal ary M. Price, Notary Public isle Boro, Cumberland C ur(cy Fm:v (:ornrt?ssion Aug 18,2011 Member, Pennsylvania Association of Notaries J, Signature of affiant Seth T. Mosebey, Esq Attorney for Appellant AOPC 312A - 05 `. SH 1 7 OO r-q Postage $ f(J.44 1?^-:.; -0 Certified Fee f2.8(J P ??1 e t7 O Retum Receipt Fee (Endorsement Required) d 30 "re O i? Restricted Delivery Fee (Endorsement Required) f r•a Total Postage & Fees $ f5.54 fJ ?f}}tl r-R r 7? (? ..... O - ----- ar PO No. D ..... py BEiris 4 . -- - - jr? M Domestic Only ; No Insurance Coverage Provided) U1 t t b -0 www.usps.com e a si For delivery information visit our we / C S P 7 1 -. I, U ,n k - Postage $ f(J.44 17(113 I Certified Fee $2.87 '> r-9 O C3 Retum Receipt Fee (Endorsement Required) 2.3 tril t s " "61 are X, to C3 r3 Restricted Delivery Fee (Endorsement Required) {5 SV.?( Q 1 S r A Total Postage & Fees $ $5.54 C j • (J r•? ? J cc) C3 t To e --- - -- --- ------ ------ - ------ N PO Box No. -' -- t;fry state. 21P+4 /I - - - . n 10 / -) .t / ? ZL OF FILED -cq. Cc THE ?e?L??,t OTAPY Seth T. Mosebey, Esquire 2010 FEB -g AM «: 08 Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLvr;; , .? ?` ?radTY MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ROBERT J. KASPER, Plaintiff V. JASON HAYCOCK and MELISSA HAYCOCK, Defendants IN THE COURT OF COMMUN rLLA?i Ur CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010 - 407 CIVIL TERM NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed 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 Plaintiffs. 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, 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 FAFILESUients\13036 Kasper Robert Jenny\13036.2.com Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ROBERT J. KASPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JASON HAYCOCK and MELISSA HAYCOCK, Defendants : NO. 2010 - 407 CIVIL TERM COMPLAINT 1. Robert J. Kasper ("Plaintiff') is an adult individual residing at 3 806 Conestoga Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Jason Haycock and Melissa Haycock ("Defendants") are married individuals residing at 76 Goodhart Road, Shippensburg, Cumberland County, Pennsylvania. 3. On or about January 1, 2009, Plaintiff and Defendants entered into an oral lease agreement in which Defendants agreed to lease from Plaintiff certain portions of the real property located at 437 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania ("Premises"). Plaintiff memorialized the parties' oral lease as set forth in a document entitled Haycock/Kasper agreement. A true and correct copy of the Haycock/Kasper agreement is attached hereto and incorporated as Exhibit "A." 4. Pursuant to the parties' lease, Defendants agreed to rent the upper level of the barn for $150.00 per month. 5. The rent for the upper level of the barn was due on the 22ttd of each month. 6. Defendants also agreed to rent 27 acres at $125 per acre per year, for a monthly payment of $281.25. 7. The rent for the land was due on the 22' of each month. 8. The total monthly amount due to Plaintiff under the lease is $431.25. 9. The parties entered into negotiations for the installation of a new fence or repair of the old fence but never reached an agreement. 10. Defendants unilaterally installed a new fence without Plaintiff s permission. 11. After Defendants installed the fence, Plaintiff offered to credit them $150.00 per month against rent for the lower part of the barn if they would agree to rent the lower part of the barn. 12. Defendants never entered into a lease of the lower part of the barn. 13. Because the Defendants never rented the lower half of the barn, Plaintiff never provided Defendants with a credit for their purchase of fencing materials. 14. Defendants allegedly purchased $819.00 worth of fencing materials from Cedar Grove Farm Store. 15. Upon information and belief, Defendants have failed to pay Cedar Grove Farm Sore for the fencing materials that they purchased. 16. The Premises has been listed for sale for approximately three years. 17. On November 12, 2009, Plaintiff served Defendants with a Notice to Quit. 18. Nearly three months later, Defendants still have not vacated the Premises. COUNT I - BREACH OF CONTRACT 19. Paragraphs 1 through 18 are incorporated herein by reference as though fully set forth below. 20. Defendants have failed to pay any rent since June 2009. 21. As of February 1, 2010, Defendants' arrears for the upper level of the barn and 27 acres of land are $3,020.50. WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in his favor and against Defendants in the amount of $3,020.50, and granting possession of the Premises to Plaintiff, along with costs and any other relief this Court deems appropriate. 01 COUNT II - UNJUST ENRICHMENT 22. Paragraphs 1 through 21 are incorporated herein by reference as though fully set forth below. 23. Defendants have utilized 27 acres of real property and use of the upper level of the barn on the Premises for seven months without providing compensation to Plaintiff. 24. The value of the use of the 27 acres and upper level of the barn is $431.25 per month. 25. Defendants also utilized 6 acres of land on the premises without paying rent. The value of the 6 acres Defendants have utilized without permission are valued at $62.50 per month. 26. From January 2009 through January 2010, Plaintiff is entitled to $812.50 for Defendants' unauthorized use of the 6 acres. WHEREFORE, Plaintiff requests that this Court enter judgment in its favor and against Defendants in the amount of $3,833.00, and granting possession of the Premises to Plaintiff, along with costs and any other relief this Court deems appropriate. Respectfully submitted, MARTSON LAW OFFICES a Z& Nv?? By: Seth T. Mosebey, Esq re Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 Date: 2/ sl)b Attorneys for Plaintiff VERIFICATION Seth T. Mosebey, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for Plaintiff in the within action, certifies that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 0 F:\FILES\Clients\13036 Kasper Robert Jenny\13036.2.pra Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ROBERT J. KASPER, Plaintiff V. JASON HAYCOCK and MELISSA HAYCOCK, Defendants IN THE COURT OF COMMON PLE CUMBERLAND COUNTY, PENNS : NO. 2010 - 407 CIVIL TERM PRAECIPE To the Prothonotary: C r-a °- ' - s M 'p rr- -? F -713 k : ? t 3 'AlIff c- ° M Cn Please substitute the attached Verification signed by the Plaintiff to the Complaint filed on February 8, 2010. MARTSON LAW OFFICES By: Seth T. Mosebey, Esq e Attorney I.D. No. 203046 10 East High Carlisle, PA 17013 (717) 243-3341 ,7i/9i2old Attorneys for Plaintiff VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. •0 ?L Robert J. Kasper CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert G. Frey, Esquire FREY & TILEY 5 South Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By: A 1L., mil' M . Price Ten st High Street Carlisle, PA 17013 (717) 243-3341 Dated: 02/ 00 FAFILESUients\13036 Kasper Robert Jenny\ 13036.2.accept.service Seth T. Mosebey, Esquire ° s ` Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 ''^ (717) 243-3341 Attorneys for Plaintiff c ; ROBERT J. KASPER, Plaintiff V. JASON HAYCOCK and MELISSA HAYCOCK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010 - 407 CIVIL TERM ACCEPTANCE OF SERVICE I, Robert G. Frey, Esquire, hereby accept service of the Complaint filed on February 8, 2010, on behalf of Defendants Jason Haycock and Melissa Haycock. Date: Z Z (? T-?J- 7--'? 4 QoberI G. Frey, Esquire Attorney for Defendant as and Melissa Haycock ROBERT J. KASPER, Plaintiff vs. JAYSON HAYCOCK and , MELISSA HAYCOCK Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CI VIL ACTION -LAW NO. 2010-407 Civil Term NOTICE TO PLEAD ~ ~ ry ~= .}.° ~ , _ ~ -- - ~ ~, To: Robert J. Kasper ` ' ~ _ ~ -~ Marston Law Offices P : (_.i =Q ~'.~ 10 East High Street x- r=- -' -v-~ Carlisle, Pennsylvania 17013 ~ ~ - `~'~ a ~ Attn.: Seth T. Moseby, Esquire You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or judgment may entered against you. Frey & Tiley, Attorneys for Plaintiff ~--i J By: ' Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 ROBERT J. KASPER, Plaintiff vs. JAYSON HAYCOCK and , MELISSA HAYCOCK Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2010-407 Civil Term ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW, come Jason Haycock and Melissa Haycock, Defendants, by and through Frey & Tiley Attorneys at Law and respectfully answer the Complaint of Plaintiff as follows: 1. Admitted. 2. Admitted. 3. Admitted in part, Denied in part. It is admitted that Plaintiff and Defendant Jason Haycock entered into an oral farm lease on or about January 1, 2009 for a portion of the premises having a mailing address of 437 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania, referenced in Plaintiff's complaint as the "Premises." It is further admitted that Plaintiff drafted a document that partially memorialized the terms of the oral lease, which document is attached as Exhibit "A" to Plaintiff's complaint. It is denied that said document memorialized all of the terms of the oral lease or that it is the only document that memorialized terms of the oral lease. Attached hereto and incorporated herein as Defendants' Exhibit "A" is a true and correct copy of a document entitled "LANDOWNER PERMISSION TO INSTALL PRACTICES & CONTROL OF LAND" signed by Plaintiff which also partially memorialized the oral lease, including the lease term. It is specifically denied that Defendant Melissa Haycock had any involvement with the negotiation of the terms of the lease, which is confirmed by Defendants' Exhibit "A" that names on Defendant Jason Haycock as the tenant. 4. Admitted in part, Denied in part. It is admitted that Defendant Jason Haycock agreed to pay $150.00 per month rent for the upper level of the barn. It is denied that Defendant Melissa Haycock agreed to pay anything to Plaintiff. 5. Admitted. 6. Admitted in part, Denied in part. It is admitted that Defendant Jason Haycock agreed to pay $125.00 per acre, per year rent for 27 acres. It is further admitted that he agreed to pay this annual rent in monthly installments. It is denied that Defendant Melissa Haycock agreed to pay anything to Plaintiff. 7. Admitted. 8. Admitted. 9. Admitted in part, Denied in part. It is admitted that Plaintiff and Defendant Jason Haycok entered into negotiations for the installation of a new fence. It is denied that Defendant Melissa Haycock was involved in these negotiations. It is further denied that Plaintiff and Defendant Jason Haycock never reached an agreement. In fact, as set forth hereafter and in Defendants' New Matter, Plaintiff provided an estimate of costs for materials that he had obtained from Cedar Grove Farm Store, and based on that estimate he agreed to allow the costs, including labor, as an offset for the rent that was otherwise owed by Defendant Jason Haycock as set forth in Plaintiff's paragraph 8. 10. Denied. The fence was installed by Defendant Jason Haycock as agreed by Plaintiff, with Plaintiff's knowledge and permission. By way of further answer, at no time during the installation, did Plaintiff notify either Defendant that Plaintiff did not give his permission to install the new fence. 11. Denied. Prior to Defendant Jason Haycock installing the fence. Plaintiff agreed to pay for the costs of installing the fence, including Defendants' labor, calculated as twice Defendants' cost for materials, by applying the costs as a credit to rent that would otherwise have been owed to Plaintiff. 12. Admitted. By way of further answer, Defendants repeatedly attempted to contact Plaintiff to make arrangements for the leasing of the lower part of the barn by Jason Haycock but Plaintiff intentionally refused to answer the telephone calls or return the voice mail messages they left for him. 13. Denied. Plaintiff agreed to allow a credit toward the rent that was already being paid and said credit was never conditioned on the renting the lower barn. 14. Admitted. 15. Denied. Defendants have a revolving line of credit with Cedar Grove Farm Store that is paid monthly. Said line of credit is paid monthly through farm milk sales from the dairy operation and Defendants have honored all of their obligations pursuant to that line of credit. By way of further answer, Plaintiff's allegation in this paragraph is irrelevant and should be stricken. 16. Admitted in part, Denied in part. The allegations in this paragraph are in the exclusive control of Plaintiff an whomever he may have entered into a contract and Defendants have no actual knowledge. To further answer, Defendants do believe Plaintiff hopes to sell the farm. 17. Admitted. 18. Admitted in part, Denied in part. It is admitted that Defendants have not vacated the Premises. It is denied that they have any obligation to vacate as they have complied with all requirements of the lease. PLAINTIFF'S COUNT I -BREACH OF CONTRACT 19. No response is required to paragraph 19. 20. Admitted in part, Denied in part. It is admitted that Defendants have made no cash payment of rent since June, 2009. It is denied that any payment was required to be made prior to the delivery of the Notice to Quit because of Plaintiff's agreement to provide credit to the rent that was otherwise payable. Beginning in January, 2010, Defendants have paid the monthly rent to their attorney to be held in escrow pending the resolution of the dispute between the parties. 21. Denied. Because of the improvements made by Defendants and because of the credits Plaintiff agreed to, it is denied that any rent is owed by Defendants. It is further denied that Defendant Melissa Haycock has any obligation to pay rent. WHEREFORE, Defendants respectfully request judgment in favor of Defendants and against Plaintiff as to Plaintiff's Count I. PLAINTIFF'S COUNT II -UNJUST ENRICHMENT 22. No response is required to paragraph 22. 23. Denied. Plaintiff has been fully compensated through improvements to the premises as agreed between Plaintiff and Defendant Jason Haycock. 24. Denied. Defendants are not real estate appraisers or otherwise able to determine the fair value for the use of the premises. Strict proof at trial is demanded. 25. Admitted in part, denied in part. It is admitted that Defendant Jason Haycock used an additional six acres of land for a portion of the year after he performed extensive work in clearing and improving the land to make it usable. It is believed and averred that Defendant Jason Haycock's costs in improving this land far exceeds the fair rental value of the additional acreage. It is further specifically denied that Defendant Melissa Haycock made any use of the additional 6 acres. 26. Denied. As stated in paragraph 25 above, Defendants owe no rent for the additional acreage because of the work performed by Defendant Jason Haycock in improving the acreage and making it available for productive use. WHEREFORE, Defendants respectfully request judgment in favor of Defendants and against Plaintiff as to Plaintiff's Count II. NEW MATTER - NOVATION 27. Paragraphs 1 through 26 are incorporated herein by reference as though fully set forth below. 28. In the summer of 2009, Plaintiff and Defendant Jason Haycock engaged in discussions of leasing the lower barn for some of his dairy cattle. 29. Defendant Jason Haycock informed Plaintiff that the existing fence was in disrepair and could not prevent his cattle from getting loose and roaming onto the Walnut Bottom Road, a heavily traveled state road. Therefore, he informed Plaintiff that he could not begin leasing the lower barn until a new fence was installed to contain the cattle. 30. Plaintiff provided a cost of materials estimate from Cedar Grove Farm Store to Defendant Jason Haycock and agreed to have Defendant Jason Haycock install the fence for a price of twice of his cost of materials to compensate Defendant Jason Haycock for the labor in installing the fence. Plaintiff agreed to reimburse Defendant Jason Haycock for the fence installation costs by granting a credit or offset for the rent that was paid monthly as set forth in Plaintiff's Complaint at paragraph 8. 31. Defendant Jason Haycock purchased materials and installed a new fence during the month of August, 2009. 32. Plaintiff had actual knowledge that Defendant Jason Haycock was installing the fence. 33. Defendant Jason Haycock purchased materials totaling $819.00 for the installation of the fence. 34. Defendant Jason Haycock was entitled to an offset for rent owed of $1,638.00 ($819.00 x 2). 35. Contemporaneously with the discussions concerning the fence installation, Defendant Jason Haycock also notified Plaintiff that Plaintiff's real estate agent had driven a motor vehicle through the middle of Defendant Jason Haycock's corn crop on the Premises, damaging the corn crop. 36. Plaintiff informed Defendant Jason Haycock that he would agree to compensate him for the crop damage by giving an additional creditor offset for the rent that was otherwise due. 37. Defendant Jason Haycock suffered the loss of one-half acre of corn that had a value of $400.00. 38. The agreement between Plaintiff and Defendant Jason Haycock was a novation of the original oral lease modifying the terms of payment as originally agreed and substituting the new terms for credits and offsets against monthly payments based on the costs of installation of the fence and the crop damage suffered by Defendant Jason Haycock. 39. Because of the rental offset, Defendant Jason Haycock was entitled to a total credit of $2,038.00. 40. Because of the rental offset, no rent was owed for the months of July, August, September and October and only $118.25.00 was owed for the month of November. 41. During the months of October and November, each of Defendants attempted to contact Plaintiff on numerous occasions to provide Plaintiff with receipts and to confirm the calculation of the rent offset. 42. As of the date when Defendants received the Notice to Quit dated November 12, 2009, Defendants were in full compliance of the oral lease based on the novation, having a credit for the months of July through October, and November rent not yet being due. 43. Defendant Jason Haycock had no obligation to vacate pursuant to the Notice to Quit because he was not in default under the terms of the lease as modified by the novation. Defendant Melissa Haycock having not been a party to the lease, owed no obligation to Plaintiff. 44. Plaintiff has provided no further notice to quit since the notice dated November 12, 2009. 45. Defendant Jason Haycock is entitled to continue possessing the property because he has not been given a valid notice to quit. NEW MATTER -PAYMENT 46. Paragraphs 1 through 45 are incorporated herein by reference as though fully set forth below. 47. As stated above, Plaintiff had agreed to give a credit to Defendant Jason Haycocki a credit for the installation of a new fence and for crop damage suffered by Defendants. 48. The total amount of credit to which Defendant Jason Haycock is entitled is $2,038.00. 49. Defendant Jason Haycock is entitled to a credit for payment in kind in the amount of $2,038.00. NEW MATTER -ESTOPPEL 50. Paragraphs 1 through 49 are incorporated herein by reference as though fully set forth below. 51. Plaintiff told Defendant Jason Haycock that he would provide a credit to him on the lease payments if he installed a new fence, said credit to be twice the cost of the materials. 52. Defendant Jason Haycock reasonably relied on the assurances of Plaintiff in paying for the costs of materials and supplying all of the labor in installing a new fence on the Premises. 53. Plaintiff knew Defendant Jason Haycock was installing a new fence on the Premises based on his statements to him. 54. Plaintiff did not notify Defendants that he did not intend to give a credit for the installation of the fence. 55. Defendants attempted to communicate their calculation of the credit with Plaintiff, but Plaintiff intentionally avoided Defendants' telephone calls and voice mail messages so as not to inform them that he did not intend to give them a credit for the installation of the fence. 56. Plaintiff is estopped to deny the validity of the credits for improvements and crop damage because he allowed Defendant Jason Haycock to make the improvements and avoided all attempts by Defendants to communicate with him. WHEREFORE, Defendants respectfully request judgment in favor of Defendants and against Plaintiff as to Plaintiff's request for damages in the amount of $3,833.00 and as to Plaintiff's request for possession. COUNTERCLAIM COUNT I -UNJUST ENRICHMENT 57. Paragraphs 1 through 56 are incorporated herein by reference as though fully set forth below. 58. Plaintiff provided to Defendants a document signed by him (Defendants' Exhibit "A") stating that Defendant Jason Haycock had the right to control of the premises from June 9, 2009 through September 30, 2012. 59. Plaintiff knew or should have known that Defendant would rely on this statement in investing his time and money in improving the soil on the premises, believing that he would have the right to farm the premises for at least three years. 60. In reliance on his right to farm for at least three years, Defendant purchased potash for the sum of $5,160.00 and applied it to the fields on the premises. 61. The application of the potash improved the premises and should allow for better crop production for the next three to four years. 62. In reliance on his right to farm for at least three years, Defendant purchased lime for the sum of $340.99 and applied the same to a hayfield on the premises. 63. The application of the lime improved the premises and should allow for greater hay production in future years. 64. In addition to the installation of the fence, Defendant improved the Premises by clearing fields and acreage. 65. Defendant expended 31 hours of skid loader time and three men each worked 27 hours clearing fields on the premises and improving them for farming and improving their marketability for sale. 66. Defendant believes and avers that the value of this work is $5,800.00. 67. In reliance on his right to farm the premises for at least 3 years, Defendant planted a winter wheat crop on 15 acres, having a potential value of harvested wheat and straw of $11,130.00. 68. Plaintiff has informed Defendants that he believes the lease to be a month-to-month lease and that Defendant Jason Haycock has no further right to farm the premises. 69. If Plaintiff is successful in removing Defendant from the premises, he will be unjustly enriched because of his misleading statements on which Defendant Jason Haycock relied, that Defendant Jason Haycock could occupy the Premises for at least three years as follows: Potash to improve soil $5,160.00 Lime to improve soil 340.99 Work in clearing fields 5,800.00 15 acres of wheat and straw 11.130.00 Total $22,430.99 WHEREFORE, Defendants respectfully requests judgment in favor of Defendant Jason Haycock and against Plaintiff in the amount of $22,430.99, plus costs. COUNTERCLAIM COUNTI-FRAUD 70. Paragraphs 1 through 69 are incorporated herein by reference as though fully set forth below. 71. Plaintiff led Defendant Jason Haycock to believe that he would have the right to farm the Premises for at least three years by giving him a copy of the document attached as Defendants' Exhibit "A". 72. Plaintiff further led Defendant Jason Haycock to believe that he would be able to keep a part of his dairy herd on the premises by agreeing to give him a credit for the cost of installing the fence and by agreeing to install a separate electric meter for the barn 73. Plaintiff's statements were made intentionally as fraudulent inducements designed to encourage Defendant Jason Haycock to improve Plaintiff's property at Defendant Jason Haycock's expense. 74. Defendant Jason Haycock justifiably relied on Plaintiff's statements and spent considerable time and money in reliance on the statements. 75. Based on Plaintiff's fraudulent statements, Defendant Jason Haycock made improvements at his expense in the amount of $22,430.99 as set forth in paragraphs 65 through 69 above. 76. Based on Plaintiff's fraudulent statements, Defendant Jason Haycock made expenditures in anticipation of moving cattle of purchasing a silage bag for the premises in the amount of $700.00. 77. Defendant Jason Haycock has suffered damages as a result of Plaintiff's fraudulent statements in the amount of $22,430.99. WHEREFORE, Defendants respectfully requests judgment in favor of Defendant Jason Haycock and against Plaintiff in the amount of $22,430.99 plus costs and reasonable attorney's fees. Respectfully submitted, Frey & Tiley, Attorneys for Plaintiff ~- B ~. Y Robert G. Frey, Esquire Supreme Court Number 4639 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unsworn falsification to authorities. Dated: March ~ ~, 2010 ~' ~~ Jason Haycock I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unsworn falsification to authorities. Dated: March ~~ , 2010 ~~~ Me issa Haycock LAI~IDOV~NER FERMISSIOI~ TO Il~ISTALL FRACT~CES & C4NTI~QL OF LAND I certify that my teuaat, ~a~ ~•. ~~•k ,has eo~trol of tl~e land ' d below l~ste from 1~ g, ~.acq to sue. ~se, ~ ra. for ~~ the puzpase of satisfyz~ ~.e terms and ec~ndi~ozts of a fzz~ancial assistant program con~aet with the Natural F~eso~es Cans'eivatian Service. My tenant also h.as my per~.ssion to ~.s s~ue~~~a1 oz ~e~~tatlve Dractices an tb.~s land. coyer cis Fay l~~b~er ? ~~~. , .. . F~ hinmber .Faxm Dumber . Farm N~ber Farm ~~mb~er T~aE~s} T~.ct~s) T~et{s) ~'~ct(s) printed I~T~e of Landowner r ~ ~~r ~~ s ~ e Signature of Landia~er '' ,~"~ ~ • Date O C /S~~o ~ ' ~r .... .r. _.._ .~,..• ~ .. ~ ~. .. v;...• .. . ~. L olio. ." ~ .. . DEFENDANT'S EXHIBIT "A" ROBERT J. KASPER Plaintiff JASON HAYCOCK and MELISSA HAYCOCK Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 407 - 2010 Civil Action -Law. Oath We do solemnly swear (or affirm} that we will support, obey and defend the Constitution of the United States and the Constitution of this Comm nwealth and that we will discharge the duties of our office with fidelity. ,~ Sign ure Sib ature Sign e Lloyd R. Persun, Esquire Name (Chairman) Persun & Heim, P.C. Law Firm 1700 Bent Creek Boulevard Address James DeCinti, Esquire Name Pion Johnston Law Firm 4000 Market Street Address John J. Mangan, Esquire Name Bayley & Mangan Law Firm 17 West South Street Address Mechanicsburg, PA 17050 Camp Hill, PA 17011 Carlisle, PA 17013 City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Award in favor of Plaintiff and against Jason Haycock only for $3,352.63 calculated as follows: 12.5 months rent at,$431.25/month minus $1,635.00 for cost and labor for fence and $400.00 for corn crop damage by Plaintiff's realtor. Claims against and by Melissa Haycock are dismissed. John J. Mangan, Arbitrator, dissents. (Insert name if applicable.) Date of Hearing Date of Award 10-14-10 10-14-10 (c>flY~a Notice of Entry Now, the ~~tay of : ~ _, 20~~, at ~~, ~M., the above award was entered upon the d"oc~et and notice thereof given by mail to the parties or their attorneys. Arbitrators' compe~ation to'cye pard upon appeal: $ 3~d. od r By: Prothonotary Deputy fi RL~D-OF~lG£ ~~ TF~ P~O~T~lLI~~QTAR' 2~l~ OCT 19 A~ ~~ ~fl ~t1h9BEFcLKi~~#~ CC~I~C~TY P~~SYLY~:I~, nM~~ ~~ _,~. A-l~ S• m°s_'7 ~~ ~~~~ ~a~~v /lo s' F.\FILESThents\13036 Kasper Robert Jenny\] 3036.2.pra2 OF THE PROTHONOTARY z010 NOV 23 PM 2 . ?? Seth T. Mosebey, Esquire CUMBERLAND COUNTY Attorney I.D. No. 203046 pp.?? MARTSON DEARDORFF WILLIAMS OTTO GILRO'Y`?MIA MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ROBERT J. KASPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010 - 407 CIVIL TERM JASON HAYCOCK and MELISSA HAYCOCK, Defendants PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: In accordance with the attached Award of Arbitrators, please enter judgment on the Arbitrator's Award against the Defendant, Jason Haycock, in the amount of $3,352.63. MARTSON LAW OFFICES Seth T. Mosebey, Esqui r I.D. Number 203046 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: // c?3 ?? SIy.4a PoC 1`?la/7tSo" /.?i? C k 3 L sq Qtt ate/ S7 S N elI, e k-40 I as a a f ROBERT J. KASPER Plaintiff JASON HAYCOCK and MELISSA HAYCOCK In The Court of Common Pleas of Cumberland County, Pennsylvania No. 407 - 2010 Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Comm nwealth and that we will discharge the duties of our office with fidelity. i pth? Sign ure Sim ature Sign te Lloyd R. Persun, Esquire James DeCinti, Esquire John J. Mangan, Esquire Name (Chairman) Name Name Persun & Heim, P.C. Law Firm 1700 Bent Creek Boulevard Address Pion Johnston Law Firm 4000 Market Street Address Bayley & Mangan Law Firm 17 West South Street Address Mechanicsburg, PA 17050 Camp Hill, PA 17011 Carlisle, PA 17013 City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Award in favor of Plaintiff and against Jason Haycock only for $3,352.63 calculated as follows: 12.5 months rent at $431.25/month minus $1,635.00 for cost and labor for fence and $400.00 for corn crop damage by Plaintiff' s realtor. Claims against and by Melissa Haycock are dismissed. John J. Mangan, Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: 10-14-10 Cd Y ear (v/U Date of Award: 10-14-10 (Chairman) Notice of Entry o Award Now, the y or )20 at !?' G (L , k.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 356_ 0c) 4 TRUE COPY FROM RECORD By: In Testk=W whwW bwo-wft set my Mnd l Prothonotary Tf? • sue, Ps. a? 20. Le r? CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert G. Frey, Esquire FREY & TILEY 5 South Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By: Q-u' =Past Price High Street Carlisle, PA 17013 (717) 243-3341 Dated: / V-Z311?