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HomeMy WebLinkAbout10-6264COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT/ r? COMMON PLEAS No. ?Q ^ 6 Z 7 e ms'' NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. IPAS ? NO. - 5 nOF D-J. mR K-TN N CRY STATE ZIP CODE *) QS1VW-r4 fet 17 03 6 IN THE CASE OF (PeeiAM (DNeadoW 'TT 7 ' IT O 6A K&rkA KENNEDY ve tfef- 1 ""'rpt -5 ?'T- ©0(303a-7 This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after fling the NOTICE of APPEAL. Sowft- dAaummi-y er 0*P* PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon 90WA 4- N d EDY appellee(s), to No a complaint in this appeal 11 Name of apps "(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. 'Oj? SOW- ofSA-M nt oranomay e> 89W RULE: To ++?f-k$? e1?EN NeDy , appellee(s) - - Nerve of appe#WS) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENT 'RED A( INST„YOU. ?`}? (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ?d G/ , 20 16 ere or YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER riling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto.. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of affiant Signature of official before whom affidavit was made Title Of official Qz C?t My coi?vissm 44es on 20 1 CS Q V w-? :z C _gl -3 - 4. fZ C-) COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: MDJ Name: Hon. 09-3-05 NARK MARTIN Address: 507 N YORK ST NECHANICSBURG, Telephone: 717 ) 766 - 4575 17055 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rKENNEDY, BARBARA A 284 DOGWOOD DRIVE HUMMELSTOWN, PA 17036 L J VS. DEFENDANT: NAME and ADDRESS FKARPAITIS, KIRK, ET AL. 218 N RAILROAD ST HUNMELSTOWN, PA 17036 JENNIFER KARPAITIS L J 218 N RAILROAD ST Docket No.: LT-0000327-10 HUMNELSTOWN, PA 17036 Date Filed: 8/25/10 $9: THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF -- X Judgment was entered for: (Name) 1CBN0SDY, BARBARA A Judgment was entered against KARPAITIS, KIRK in a Landlord/Tenant action in the amount of $ 2,886.73 on 9/07/10 (Date of Judgment) The amount of rent per month, as establis hed by the Magisterial District Judge, is $ 1.000.00. The total amount of the Security Deposit is $ 950.00 Total Amount Established b MDJ Less • Security Deposit Applied = Adjudicated Amount 2127 R 23 t i A en n rrears $ . -$ .00= $ 2,727.23 Physical Damages Leasehold Property $ .00-$ .00= $ .00 Damages/Unjust Detention $ _ oo - $ -no= $ -00 Less Amt Due Defendant from Cross Complaint - $ -00 Interest (if provided by lease) $ _no UT Judgment Amount $ 2 727 23 ? Attachment Prohibited/ - 0 Judgment Costs $ 159 50 42 Pa.C.S. § 8127 - Attorney Fees $ on ? This case dismissed without prejudice. _ Total Judgment $ 2,886.73 ? Possession granted. ? Possession granted if money judgment ? Possession not granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED 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. 09- 62 /®ate , Magisterial District Judge certify that this is a true an correct copy o the recor o e proceedings containing the lu gment. Date , Magisterial District Judge MyV commission expires first Monday of January, 2012 AoP C 315A-08 SEAL PA COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: MDJ Name: Hon. 09-3-05 MARK MARTIN Address: 507 N YORK ST MECHANICSBURG, Telephone: (717) 766-4575 17055 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rKKENNSDY, BARBARA A 284 DOGWOOD DRIVE HUMMELSTOWN, PA 17036 L J VS. DEFENDANT: NAME and ADDRESS FKARPAITIS, KIRK, ET AL. 218 N RAILROAD ST HUMMELSTOWN, PA 17036 JENNIFER KARPAITIS L J 218 N RAILROAD ST Docket No.: LT-0000327-10 HUM MLSTOWN, PA 17036 Date Filed: 8/25/10 = THIS IS TO NOTIFY YOU THAT: Judgment: _ FOR PLAINTIFF Q Judgment was entered for: (Name) KENNEDY. BARBARA A Judgment was entered against KARPAITIS, JENNIFER in a Landlord/Tenant action in the amount of $ 2,886.73 on 9/07/10 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 1, 000 00. The total amount of the Security Deposit is $ 950.00 Total Amount Established b MDJ Less. ecurity Deposit Applied =$ Adjudicatte Am23 Rent in Arrears 2,/27.23 - .00= Physical Damages Leasehold Property $ .00- 00= $ .00 Damages/Unjust Detention $ _ On - _n p ° $ -no Less Amt Due Defendant from Cross Complaint - $ -00 Interest (if provided by lease) $ nn L/T Judgment Amount $ 2 , 2 3 ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 $_ 0 Attorney Fees $ -nn ? This case dismissed without prejudice. Total Judgment $ 2,886.73 Q Possession granted. ? Possession granted if money judgment ? Possession not granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED 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. d Date Magisterial District Judge certify that this is a true an correct copy o the recor o I fie procee ings containinTjudgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012. SEAL AO PC 315A-08 PA r n M , r ru Provided) te n ?#4L . C ? o- m C3 0 C3 ru .> e; rL - 0 0 r- A I !film r: U.S . Po sta l Ser vice 7 CE RTI FI ED MAIL REC EIPT ,: (Do mestic Mai l Oniv• . PROOF O SERVICE O NOTICE OF APPEAL AND fiL" TO FILE COMPLAWT (T, is proof of service MUST BE FILED W1 THIN TEN (10) DAYS AFTER filing of ft notice of appeal: Check applicable boxes.) COMMONWEALTH OF PENNSYLVAN} A COUNTY OF (u.-• 10 u l C".- ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas 0 -(pa1(e(? upon the District Justice designated therein on (date of service)OL- l 20 ? t)_ by personal service 000'by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) F on 2l) ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME L HIS f=t DAY OF 004 2010 SATriatun ,,ofot#tciaibefore wh affidavit was de ?ritlG a?,v/stpi2i= h1yPomrP tm.eXpir6son__ -- 20 Signature of a/19ant C M M =M ° -4 - -, r- r C3 -Z 3?- zo MC C:)- n z .,< 49 ? COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. I - 1110 OF l y ?? ? Q ?f ?? VIII Mm This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 100BB. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Sonstum of poMmmWy-DspRY I NAME OF D-4. STATE ZIP CODE {'l'ow N 'r h 170.3 4 1I' ,e was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.RC.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ?$ ?A 1k N d C. 7 appellee(s), to file a complaint in this appeal Na?ffm of appell"(s) (Common Pleas No. U " YJ ( ) within twenty (20) days after service of rule or suffer entry of judgmsnt'offrtion pros. SolahMe ti(appedent oraffoirW or ag", RULE: To ?3a k v QA 'KEN NC 1/y . appellee(s) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal withi tnr0). after c}eite?of service of this rule upon.you by personal service or by certified or registered mail. a >k :<a » ;:: =F ^" ` a'" (2) N you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ?;??Gf 20; l or . YOU-MUST-INCLUDE ACOPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE I`i4,? 4 it Ji+?1 04 a n i 1 1 Fill, 2: L!?,JBEE ;Li`%12 t oul-11' Barbara Kennedy : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Kirk Karpaitis,et al No 10-6264 civil 20 Defendant : Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 BARBARA KENNEDY PLAINTIFF VS KIRK KARPAITIS, ET AL DEFENDANT COMPLAINT COURT OF COMMON PLEAS CUMBERLAND COUNTY 10-6264 CIVIL Plaintiff, Barbara Kennedy is the owner of a house at 908 Sheffield Ave., Mechanicsburg. Defendants, Kirk Karpaitis and Jennifer Karpaitis signed the lease to rent this property at 908 Sheffield Avenue and agreed to the terms. Per the signed lease the Security Deposit cannot be used for rent and a full month's rent is due for any month there is partial occupancy. Also rent is due the first of the month, after 5 days there is a $25.00 late fee. After the 15`x' of the month the late fee is increased to $50.00. There is also a 60 day notice required when vacating the premises in the lease. Defendants did not pay the rent for July. Defendants gave plaintiff no notice before vacating the house July 10, 2010. They left some of the keys and a letter with a neighbor that day with instructions that they were to give the letter and keys to plaintiff. They left no forwarding address. Plaintiff mailed Defendants a Security Deposit Statement which showed what damages the Security Deposit was applied to and listing the balance for damages. The balance due for damages was an additional $1169.69. The letter also requested two months rent of $2000, for the July rent and not giving the 60 day notice required in the lease. The Security Deposit Statement was mailed July 28, 2010 by first class mail to the Mechanicsburg address and was forwarded to defendants at their new address. Plaintiff filed with District Justice Mark Martin after getting no response from Defendants. District Justice Mark Martin ruled in favor of Plaintiff for $2886.73. Defendants admitted at District Justice hearing to not paying July rent or giving any notice of leaving the premises. They also admitted to the damages that the District Justice awarded Plaintiff after going over the Security Deposit Statement line by line. Plaintiff is also now seeking additional counsel fees that will be incurred for enforcement of the lease which is included in the signed lease. Also there were additional damages discovered after the Security Deposit Statement was mailed. .i a • .. -ice is Barbara A. Kennedy Plaintiff Jeffrey Robert Pratt Supreme Court LD. No. 208934 The Law Offices of Pratt & Wallace 24 North 32"d Street, Camp Hill, PA 17011 Telephone: (717) 761-2312 Fax: (717) 761-2313 ORIGINAL Attorney for Defendants E-mail jeffiey@pratzwallace.com BARBARA KENNEDY, Plaintiff vs. KIItK KARPAITIS and JENNIFER, KARPAITIS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, ACTION DOCKET NO. 2010 - 6264 CIVIL TERM PREACIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the Defendants. Papers may be served at the address set forth below: Jeffrey Robert Pratt, Esquire The Law Offices of Pratt & Wallace, LLC. 24 North 32nd Street Camp Hill, Pennsylvania 17011- 2900 (717) 761-2312 Respectfully submitted, Date: ~~ 30 (j THE LAW OFFICES OF PRATZ & WALLACE ._-- By: Je re Robert Pratt, Esquire Supreme Court I.D. No. 208934 24 North 32"a Street Camp Hill, Pennsylvania 17011- 2900 (717) 761-2312 r BARBARA KENNEDY PLAINTIFF VS KIRK KARPAITIS, ET AL DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 10-6264 CIVIL C7 c N d O ~ -~ ~ rn p a ~ -+ ~~! rn ~ r o `~ . =~ i ~ -~<7' w °~ ~- ~~ .~c~ z7 -~ Q 0 n ~ ~° ~ z., ~ _,C ;- o v~ ~ ~ ~ CERTIFICATE OF SERVICE I, Barbara A. Kennedy hereby certify that on October 12, 2010, I did serve via first class mail a copy of the Complaint filed in Cumberland County to: Kirk and Jennifer Karpaitis 218 N Railroad St, Hummelstown, PA 17036. Attached is the Certificate of Mailing. uarrEnsmr~s PasTaiS~lV1CE• C~rtiificabe Of MailFn This Certificate o(Mailing provitles evidence Beat mail has been presented snail This form may be used fordomestic and i rnational mail. 1 u!g~ gL ~? e From: ~u rbar ~~ne . S ~~ ~ ,~„~ ~~~ w ~ C1~4+~ ~ a~ ' Y ~ a c u~ ~~ ~~ ~~ , ~~f' ~m~N~ ~~~ , Mn.~~ ~y~ ~~,,~~j~!! J~ ~ ~O ' N ~ I-2 ~ ~p ~ To: ~2,~~-, e~ ~~ .e ~,~ a - ~ .~i.~ Q O _ C ~ ~ i o 3~;, ~~s~~~~ ~ .~~~ c ~~ a ~ ~ o Q ., o PS Form 3817, April 2007 PSN 7530-02-000-9065 BARBARA KENNEDY PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 10-6264 CIVIL VS KIRK KARPAITIS, ET AL DEFENDANT AMENDED COMPLAINT Plaintiff, Barbara Kennedy, resides at 284 Dogwood Drive, Hpmmelstown, PA 17036. 2. Defendants Kirk Karpaitis and Jennifer Karpaitis currently reside at 218 N Railroad Street, Hummelstown, PA 17036. 3. Defendants leased a single family residence at 908 Sheffield Avenue, Mechanicsburg, Pennsylvania 17436 from Plaintiff. The Plaintiff and Defendant originally entered into a Lease Agreement dated September 2007 which was renewed yearly. The current lease was signed September 2009 for a term of one year with a monthly rent of $1000.00. A copy of the Lease Agreement is attached as Exhibit "A" and incorporated by reference thereto. 4. Defendants vacated the residence at 908 Sheffield Avenue, Mechanicsburg, PA. July 10, 2010. Defendants gave Plaintiff no notice before vacating the house. They left some of the keys and a letter with a neighbor. They left no forwarding address. 5. Defendants failed to pay the monthly rent due for July of $1000.00. 6. Plaintiff avers that the attached Lease Agreement Exhibit "A" provides that Defendant agrees to pay a late charge of $50.00 for rent paid after the 15`h of the month. 7. The terms of the lease state 60 days notice is required by either party to terminate the lease, the security deposit cannot be used for payment of rent and there are no partial payments for rent due. 8. Defendants failed to give Plaintiff the required 60 day Notice for the months of July and August as stated in attached Lease Exhibit A. 9. Defendant owes Plaintiff an additional $1000.00 monthly rent for August for failure to give the 60 day notice. 10. Plaintiff mailed Security Deposit Statement to Defendants attached hereto as Exhibit "B". The Security Deposit account balance with interest was $953.31. The total for damages was $2123.00. The balance due for damages after subtracting the security deposit was an additional $1169.69. The Security Deposit Statement was mailed July 28, 2010 by first class mail to the Mechanicsburg address and was forwarded to defendants at their new address. 11. Plaintiff filed aLandlord-Tenant Complaint with District Justice Mark Martin on August 25, 2010 after getting no response from Defendants. Judgment was entered in favor of Plaintiff for $2886.73. Defendants admitted at District Justice hearing to not paying July rent or giving any notice before vacating the house at 908 Sheffield Avenue, Mechanicsburg. Defendants admitted to the damages that the District Justice awarded to Plaintiff after going over the Security Deposit Statement line by line. WHEREFORE, Plaintiff demands judgment against the Defendant for the sum of $2886.73 together with all costs of the suit and additional counsel fees. Barbara A. Kennedy Plaintiff ~~,~ ~~~ July 28, 2010 SECURITY DEPOSIT STATEMENT JENNIFER & KIRK KARPAITIS FOR 908 SHEFFIELD AVE., MECHANICSBURG Broken Light on Carport 30.00 Broken Storm Door replacement 100.00 Chain Lock placed on Front Door without permission 50.00 Paint removal on carpeting 20.00 Carpets vacuumed 20.00 Carpet cleaning 222.00 Oven Cleaning 40.00 Refrigerator Cleaning 40.00 Refrigerator Door Shelves replacement 60.00 Refrigerator Door cracked /Seal broken on door (new refrigerator at the time of rental) 50.00 Primer /repaint 2 tone bedroom - no permission to paint given 250.00 Locksmith to change locks- 3 keys not returned 81.00 Kitchen tiles chipped 5.00 Replace grout in several kitchen tiles 20.00 Hole in kitchen wall repaired 10.00 Hole in Living Room wall repaired 10.00 Gouge in Hallway wall 10.00 Permanent Track put up instead of shower rod 40.00 Living Room Ceiling Fan Remote Control missing 40.00 Replace broken switch for Ceiling Fan 40.00 Marker on Paneling on Sun porch 20.00 Curtain rods bent Kitchen door and bedroom window 20.00 Hardwood Floor in Master Bedroom scratched 50.00 Hole drilled through hardwood floor Master Bedroom 50.00 Ring around burner broken on stove 40.00 Smoke damage to kitchen ceiling 100.00 Lazy Susan kitchen broken 25.00 Oil spilled on Carport 25.00 Kitchen Counter chipped above dishwasher 40.00 Kitchen Cabinet doors cleaned food on them 20.00 Electrician to check/correct electrical work done By Tenant without permission 380.00 Water damage to bow window sill in Living Room 50.00 Trash removal 30.00 Weeding not done for months per lease 50.00 Repair sink fixture main bathroom Replace missing drain cap 25.00 Clean Mold on sun porch windows 20.00 Cigarette Burn Marks Sunroom Carpet 40.00 TOTAL 2123.00 Security deposit account balance with interest is $953.31. Minus the security deposit the balance due for damages is $1169.69 Per lease Security Deposit cannot be used as rent, there are no partial payments for rent, and sixty days notice is required to end lease. July rent was not paid. No notice was given landlord before vacating rental. Two months rent due is $2000.00. If I receive one month's rent for July within 2 weeks, I will not pursue this further. If you do not I will be forced to take further legal action for the full amount due me. Barbara A. Kennedy BARBARA KENNEDY PLAINTIFF IN THE COURT OFCOMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 10-6264 CIVIL VS KIRK KAR.PAITIS, ET AL DEFENDANT CERTIFICATE OF SERVICE _) (. I, Barbara A. Kennedy hereby certify that on, November 8, 2010, I did serve via first class mail a copy of the Certificate of Service of the Complaint and the Amended Complaint filed in Cumberland County to: Attorney Jeffrey Pratz 24 North 32°d St Camp Hill, PA 17011 Attached is the Certificate of Mailing. Barbara A Ke edy _ y U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Receiv From: igGvKn 2 4 O (t M We- sfv td IMP One Piece o(o inary mail addressed rx, i- 2h as O N6 0 O ? p ?r 0 t1 Z D C C' D< N OoJVf9 C00--Q700 cz, v m 1`5 Form 3517, January 2001 BARBARA KENNEDY PLAINTIFF VS KIRK KARPAITIS, ET AL DEFENDANT TO: KIRK KARPAITIS- Defendant DATE OF NOTICE: December 1, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNNSYLVANIA C? 10-6264 C na ° r Cl r- -V s -<> W r n cam IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford St Carlisle,PA 17013 1-800-990-9108 or(717)249-3166 AVISO IMPORTANT A: Kirk Karpaitis - Defendant FECHA DEL AVISO: December 1, 2010 LISTED ESTA EN REBELDIA PORQUE HA FALLADO D°_ REGISTRAR COMPARECENCIA. ESCRITA POR SI NIISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNDA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICIAA. ESTA OFICIAN PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford St Carlisle, PA 17013 1-800-990-9108 or(717)249-3166 THE Jeffrey Robert Pratz T ,I R ,, ORIGINAL Supreme Court I.D. No. 208934 2610 DEC 15 p? t2; The Law Offices of Pratz & Wallace 24 North 32nd Street, Camp Hill, PACI ONER L A ND C C r IN T Attorney for Defendants ? f Telephone: (717) 761-2312 PENNSYLVANIA Fax: (717) 761-2313 E-mail jay@1utzv.com BARBARA KENNEDY, Plaintiff VS. KIRK KARPAITIS and JENNIFER, KARPAITIS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION DOCKET NO. 2010 - 6264 CIVIL TERM NOTICE TO PLEAD To: BARBRA KENNEDY 284 Dogwood Drive Hummelstown, PA 17036 Plaintiff You are hereby notified to file a written response to the enclosed pleading within twenty (20) days from service hereof or a judgment may be entered against you. J y tz 24 North 32nd Street Camp Hill, PA 17011 (717) 761-2312 Attorney for Defendant Supreme Court ID No. 208934 ffre R. Pra P, 04 Jeffi-e,Robert »atz ORIGINAL Supreme Court I.D. No. 208934 The Law Offices of Pratz & Wallace 24 North 324 Street, Camp Hill, PA 17011 Attorney for Defendants Telephone: (717) 761-2312 Fax: (717) 761-2313 E-mail jefrey@patzvvallace.com BARBARA KENNEDY, Plaintiff vs. KIRK KARPAITIS and JENNIFER, KARPATTIS Defendant IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION DOCKET NO. 2010 - 6264 CIVIL TERM DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT NOW COMES Defendants, Kirk Karpaitis and Jennifer Karpaitis, by its undersigned attorney, Jeffrey Robert Pratz, Esquire, and files the following Preliminary Objections to Plaintiff's Amended Complaint. FIRST PRELIMINARY OBJECTION Pa.R.C.P.1028(a)(2) Failure to Conform to Law or Rule of Court 1. Plaintiff's Amended Complaint fails to state concisely the material facts on which a cause of action is based as required by Pa.R.C.P. 1019(a). 2. Plaintiffs Amended Complaint fails to state whether the agreement which is the basis of this Amended Complaint is oral or written as required by Pa.R.C.P. 1019(h). 3. Plaintiffs Amended Complaint fails to state whether or not it is within the limits for Compulsory Arbitration in Cumberland County as required by Pa.R.C.P. 1021(c). 4. Rule 1024(a) of the Pennsylvania Rules of Civil Procedure requires that "[e]very ,tihl?IflU pleading containing an averment of fact not appearing of record in the action or containing a denial of fact shall state that the averment or denial is true upon the signer's personal knowledge or information and belief and shall be verified." 5. Plaintiff has failed to attach any verification as required by Pa.R.C.P. 1024(a). 6. In Exhibit "B" to Plaintiff's Amended Complaint, Plaintiff attaches a list of alleged damage done to Plaintiff's Property. 7. Plaintiff references "weeding not done for months per lease". 8. In Plaintiff's Exhibit "A", a Lawn Care Agreement is referenced and said to be attached. 9. This alleged Lawn Care Agreement is not attached to Plaintiff's Amended Complaint. 10. In what appears to be Paragraph 11 of Plaintiff's Amended Complaint, Plaintiff alleges that Defendants admitted facts at a "District Justice hearing." 11. What was allegedly said at a District Justice hearing is of no consequence upon an appeal de novo from that judgment. 12. Those allegations should be stricken from Plaintiff s Amended Complaint. 13. Rule 1022 of the Pennsylvania Rules of Civil Procedure requires "Each paragraph shall contain as far as practicable only one material allegation" 14. Plaintiffs Amended Complaint has multiple paragraphs that contain more than one material allegation. 15. Plaintiff should be required to Amend their complaint to comply with Pa.R.C.P. 1022. WHEREFORE, Defendants, Kirk Karpaitis and Jennifer Karpaitis, respectfully request that this Honorable Court dismiss Plaintiff s Amended Complaint with prejudice. s• SECOND PRELIMINARY OBJECTION Pa.R.C.P. 1028(a)(3)-(4) Insufficient Specificity in a Pleading 16. All the allegations of Paragraphs 1-12 above are incorporated herein by reference. 17. Plaintiffs Amended Complaint fails to set forth any statute or rule of law which entitles Plaintiffs to recovery of attorney's fees from Defendants. 18. Plaintiff's Amended Complaint demands additional counsel fees. 19. Because Plaintiff fails to point to any part of her lease or statute that provides for counsel fees, the demand for counsel fees must be stricken. 20. Plaintiff's Amended Complaint is insufficiently specific, in that it alleges a default of the terms of the Lease Agreement, but fails to set forth the date on which the default allegedly occurred. WHEREFORE, Defendant, Kirk Karpaitis and Jennifer Karpaitis, respectfully request that this Honorable Court dismiss Plaintiff's Amended Complaint: with prejudice. Respectfully submitted, Date: ?? I `! Z lV THE LAW OFFICES OF PRATZ & WALLACE By: a ,, / WI-77 Jeff o ert Pratz, Esquire Supreme Court I.D. No. 208934 24 North 32nd Street Camp Hill, Pennsylvania 17011- 2900 (717) 761-2312 Jeffrey Robert Pratz Supreme Court I.D. No. 208934 FILED-OFFICE The Law Offices ofPratz& Wallace OF THE. PROTHONOTARY 24 North 32' Street, Camp Hill, PA 17011 L Q 10 DEC f 5 PM 12: 4 Attorney for Defendants Telephone: (717) 761-2312 Fax: (717) 761-2313 CUMBERLAND COUNT"( E-mail jeffrey@pratzwallace.com PENNSYLVANIA BARBARA KENNEDY, Plaintiff VS. KIRK KARPATTIS and JENNIFER, KARPATTIS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, ACTION DOCKET NO. 2010 - 6264 CIVIL TERM CERTIFICATE OF SERVICE The undersigned verifies that on the 15`' day of December 2010, he did serve upon Barbra Kennedy, the Plaintiff in the above-captioned action, a true and correct copy of the Defendant's Preliminary Objections to Plaintiff's Amended Complaint, by forwarding same to her at 284 Dogwood Drive, Hummelstown, PA 17036, Regular First Class Mail. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: t Jeffrey ratz, Esqu' e Supreme Court I.D. No. 208934 24 North 32nd Street Camp Hill, Pennsylvania 17011- 2900 (717) 761-2312 cDavid a Buell prothonotary Office of the Prothonotary Cum6er[and County, Pennsylvania 7frkS. Sohonage, ESQ Solicitor 11 - (v y CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square a Suite100 a CarCis%, TA a (Phone 717 240-6195 0 To( 717 240-6573