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HomeMy WebLinkAbout10-7348CF THE FILED -ICE NOTARY 2010 DEC -2 PM 1: 34 CUMBERLAND COUNTY PENNSYLVANIA 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 ® a copy of the Notice of Appeal, Common Pleas No.10-7348 Civil, upon the Magisterial District Judge designated therein on (date of service) November 30, 2010, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) North View Manor Management. LLC, on November 30, 2010 ?by personal service ® by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 1st DAY OF December, 2010 Signature of cia1 before horn afflft* was made Title of official My commission expires on , 2010 COUNONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Mwga et E. Rult Notary Public Lemoyne Boro, Cumberland County commission expires N1a 30, 2011 SignaFnDuffle of affiant Elizab D. Snover Johns Stewart & Weidner 301 Market St., P.O. Box 109 Lemoyne, PA 17043 AOPC 312A - 05 F I U's, Post'.11 Service CERTIFIED MAIL ? RECEIPT mo (Domestic Coverage Provided! tr" O Postage $ / / `. Certified Fee Ch, 1' ° C ark ° Return Receipt Fee s i lure ° (Endorsement Required) ° Restricted Delivery Fee <r (Endorsement Required) ° \. i Totals'- o c ..a r-1 LMf? RABLE PAULA P CORREAL Sent ° M DJ-09-2-01 ° PRING ROAD SUITE 3 _ LE PA 17013 CERTIFIED MAIL, REC;EW1 rq (Domestic Only; No insurance Coverage Provided) in 111- lira -j1wA611ff-M&7f4 ru .!1 rU O Postage $ ° Certified Fee Cb I ?!h??rnatk? - O ° Return Receipt Fee (Endorsement Required) n ° Restricted Delivery Fee (Endorsement Required) d i . ° P- Qt m NORTH VIEW MANOR MGMT LLC 5 0 ` 2 APPLE ALLEY ? CARLISLE PA 17015 - FILED-OFFICE OF THE PROTHONOTARY 10 l LIE 13 Pry 2 4 0 CU°'i EkLAND COUNTY F:SYLVAIN IA GOTHIE VAN ALLEN LLC Joseph N. Gothie, Esq. PA I.D. No. 80390 111 East Market Street Suite 101 York, PA 17401 V: 717-848-8455 E: jng@gvafirm.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTH VIEW MANOR MANAGEMENT LLC Plaintiff V. JOHN HOLDER Defendant TO JOHN HOLDER No. 10-7348 CIVIL ACTION - LAW NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to file a written response to the enclosed First Complaint on or before twenty (20) days from the date of this Complaint or a Judgment may be entered against you. BY: /?/r Dated: G THIE AN AL EN LLC Joseph N. Gothie, Esq. PA I.D. No. 80390 111 East Market Street Suite 101 York, PA 17401 V: 717-848-8455 E: jng@gvafirm.com 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTH VIEW MANOR MANAGEMENT LLC Plaintiff V. JOHN HOLDER Defendant No. 10-7348 CIVIL ACTION - LAW 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Respectfully submitted, BY: N GO V ALLEN LLC Joseph N. Gothie, Esq. PA I.D. No. 80390 111 East Market Street Suite 101 York, PA 17401 V: 717-848-8455 E: jng@gvafirm.com Dated: t.;. /r3/,6- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTH VIEW MANOR MANAGEMENT LLC Plaintiff V. JOHN HOLDER Defendant No. 10-7348 CIVIL ACTION - LAW COMPLAINT AND NOW, TO WIT, this 9`h day of December, 2010, comes the Plaintiff by its attorney, Joseph N. Gothie, who files this Complaint, of which the following is a statement: 1. The Plaintiff, North View Manor Management LLC, is a property management company operating North View Manor in Carlisle, Cumberland County, PA. 2. North View Manor is real estate operated as mobile home park, in which owners of mobile homes rent lots on a monthly basis from Plaintiff so that the home owners/lot renters have a place to store the mobile home, most often for personal residential use. 3. North View Manor Management LLC is a registered fictitious name in the Commonwealth of Pennsylvania. 4. Plaintiffs business address is 2 Apple Alley, Carlisle, PA 17013. 4 5. The Defendant is an adult residing at 34 Crescent Drive, New Cumberland, PA 17070. 6. Defendant is the record owner of a mobile home ("Mobile Home") at an address of 101 Dawn Drive, Carlisle, Pennsylvania 17013, which lies within Cumberland County, Pennsylvania. 7. Defendant's ownership of Mobile Home is reflected by the Vehicle Record Abstract ("Abstract") for the Mobile Home obtained by Plaintiff showing Defendant as the record owner of the Mobile Home. A true and correct copy of the Abstract is attached as Exhibit A. 8. The Plaintiff owns the lot upon which the Mobile Home rests. 9. All facts involved occurred within Cumberland County, Pennsylvania. 10. The amount in dispute is below the threshold for compulsory arbitration. 11. Defendant does not reside within the Mobile Home. 12. It is believed, and therefore averred, that Defendant acquired the Mobile Home as part of an investment plan which involved rehabilitating and selling the home to attempt to make a profit. 13. It is believed, and therefore averred, that Defendant has owned the Mobile Home since approximately September 2009. 14. No rent has been paid by Defendant to Plaintiff. 15. Monthly rent during 2009 was $348.15 per month. 16. Defendant failed to pay rent during four months of 2009: September, October, November, and December. 17. Tenants at North View Manor are required to pay a late fee of $40.00 if the rent is not paid on time. 5 18. Rent was not paid on time by Defendant during any month in 2009. 19. During 2010, North View Manor increased the rent for lots in its community to $363.15 per month. 20. Defendant has not paid rent for any of the twelve months of 2010, incurring late fees for each month in the process. 21. Plaintiff was required to mow the area surrounding Defendant's home during all of 2010 in order to keep the weeds and grass down. 22. Plaintiff paid $510.00 in mowing service fees for the entire year of 2010 related to Defendant's unmowed lawn. 23. Tenants at North View Manor are required to pay for water service. Defendant did not pay water bills totaling $516.88 for 2009 and $215.73 for 2010. 24. Plaintiff continues to suffer ongoing monthly damages for lost rent and late fees as a result of Defendant's actions. 25. Plaintiff has incurred filing fees to date of $143.50 as a result of efforts to collect money damages from Defendant. QUANTUM MERUIT 26. Paragraphs 1 - 25, above, are hereby incorporated as though set forth more fully at length herein. 27. Defendant has been unjustly enriched as a result of accepting and retaining the benefit of having a location to store his mobile home in Plaintiff's community. 28. It is unconscionable for Defendant to indefinitely store his mobile home in Plaintiff's community without paying the fair and reasonable market rates that Defendant is able to get for its other lots in the community. 29. Defendant has been notified by Plaintiff of the cost of using the lot. 30. Defendant has refused to remove his mobile home from the community. 31. Defendant clearly understands the benefit he is receiving. 32. Defendant clearly has accepted the benefit of keeping the home in the community. 33. Plaintiff seeks $7,776.51 in money damages from Defendant calculated as follows: $516.88 - 2009 Water Bill ii. $215.73 - 2010 Water Bill iii. $510.00 - 2010 Mowing Bills iv. $1,392.60 - 2009 Unpaid Rent v. $160.00 - 2009 Unpaid Late Fees vi. $4,357.80 - 2010 Unpaid Rent vii. $480.00 - 2010 Unpaid Late Fees viii. $143.50 - Court Filing Fees WHEREFORE, Plaintiff requests a money judgment in its favor and against Defendant for $7,776.51 plus interest, costs, additional damages accruing during the course of this litigation. TRESPASS 34. Paragraphs 1 - 33, above, are hereby incorporated as though set forth more fully at length herein. 7 35. Plaintiff is the owner of the land beneath the mobile home. 36. Defendant owns the mobile home in question which interferes with the ability of Plaintiff to use its land, and more particularly, to rent it to a third :party. 37. Plaintiff must care for the area surrounding the land, where with a typical rented mobile home lot, the occupant or responsible owner would care for the lot, including mowing and paying utility bills. 38. Defendant has failed to remove his mobile home from Plaintiff's property despite repeated requests that he either pay rent or leave. 39. Plaintiff values the damages of Defendant's trespass at the market rate for a similar use of its land by others, as demonstrated by the occupancy of most lots in the community under rental terms and rates described above in this complaint. 40. Plaintiff seeks $7,776.51 in money damages from Defendant calculated as follows: i. $516.88 - 2009 Water Bill ii. $215.73 - 2010 Water Bill iii. $510.00 - 2010 Mowing Bills iv. $1,392.60 - 2009 Unpaid Rent v. $160.00 - 2009 Unpaid Late Fees vi. $4,357.80 - 2010 Unpaid Rent vii. $480.00 - 2010 Unpaid Late Fees viii. $143.50 - Court Filing Fees WHEREFORE, Plaintiff requests a money judgment in its favor and against Defendant for $7,776.51 plus interest, costs, additional damages accruing during the course of this litigation. 8 EVICTION 41. Paragraphs 1 - 40 are incorporated herein by reference as if fully restated and realleged herein. 42. Defendant knows that the community is a rental community. 43. Defendant is acquainted with the usual terms of rental of lots in the community. 44. Defendant failed to pay rent and utilities when due. 45. Plaintiff is entitled to exclusive possession of the mobile home lot as against Defendant. 46. Plaintiff owns the real estate beneath the home, as well as the land under the rest of the mobile home community. 47. Because of the failure of Defendant to pay rent, Plaintiff is entitled to recover of exclusive possession of the real estate as against Defendant pursuant to the Landlord Tenant Act of 1950 as well as the Mobile Home Park Rights Act. 48. Plaintiff seeks $7,776.51 in money damages from Defendant calculated as follows: i. $516.88 - 2009 Water Bill ii. $215.73 - 2010 Water Bill iii. $510.00 - 2010 Mowing Bills iv. $1,392.60 - 2009 Unpaid Rent v. $160.00 - 2009 Unpaid Late Fees vi. $4,357.80 - 2010 Unpaid Rent vii. $480.00 - 2010 Unpaid Late Fees viii. $143.50 - Court Filing Fees 9 WHEREFORE, Plaintiff requests a money judgment in its favor and against Defendant for $7,776.51 plus interest, costs, additional damages accruing during the course of this litigation, as well as exclusive possession of the real property and eviction of Defendant therefrom. Respectfully submitted, BY: ated: C-1 -4 w - '1161zo?? GO IE VA ALLEN L C Joseph N. Gothie, Esq. PA I.D. No. 80390 111 East Market Street Suite 101 York, PA 17401 V: 717-848-8455 E: jng@gvafirm.com 10 12/01/2010 15:42 X 717755247° GSP COLLECTIONS PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 8/05/10 13:23 PAGE 1 OWNER JOHN HOLDER 34 CRESCENT OR NEW CUMBERLHO PA 17070 TITLE NUMBER : 41132220 TAG NUMBER VIN 07916600334 MAKE ATLANTIC MODEL RENEWAL WID PREVIOUS TAG LIENS NO STOPS NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION NO LIENS EXIST FOR THIS TITLE '102171127000037 002 LESSEE NONE PAGE 05/10 TITLE DATE : 10/03/88 REGISTRATION EXPIRY DATE: BODY TYPE : 14H ODOMETER READING NEXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1989 STOLEN DATE ADDRESS CORRESPONDENCE T0: INFORMATION: 08:00 AM TO 6:00 PM) DEPARTMENT OF TRANSPORTATION IN STATE 1-600-932-4600 VEHICLE RECORD SERVICES OUT-OF-STATE 717-412-5300 PO sox 66691 TDD IN STATE 1-800-228-0676 HARRISBURG, PA 17106-8691 TDD OUT-OF-STATE 717--412-5380 WWW.DOT.STATE.PA.US VERIFICATION The foregoing document is based upon information which has been gathered by my counsel in preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the foregoing document to the extent that the document 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 P&C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments; I may be subject to criminal penalties. Date: ! !? L e Heller - -Yofk t itks/1 t-q U i S LOly"AMR, M40 ",FAItdr C.crC CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing, attached document, upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure § 440. Service by first class mail delivery addressed as follows: Elizabeth A Snover 301 Market Street PO Box 109 Lemoyne, PA 17043 Served the /3 day of cewL2010. /v G THIE AN ALLEN LLC .Joseph N. Gothie, Esq. PA I.D. No. 80390 111 East Market Street Suite 101 'York, PA 17401 V:717-848-8455 E: jng@gvafirm.com HE pR0 NONOE OF T TARP 23 JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizabeth D. Snover I . D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 eds@jdsw.com Attorney for Defendant, John Holder NORTH VIEW MANOR MANAGEMENT, IN THE COURT OF COMMON PLEAS OF LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 10-7348 Civil Term V. CIVIL ACTION - LAW JOHN HOLDER, Defendants NOTICE TO PLEAD TO: North View Manor Management, LLC c/o Joseph Gothie, Esquire 111 East Market Street, Suite 101 York, PA 17401 YOU ARE REQUIRED to plead to the within Answer with New Matter within 20 days of service hereof or a default judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizabeth D nover Date: January 14, 2011 Counsel f efendant Holder JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 eds@jdsw.com NORTH VIEW MANOR MANAGEMENT, LLC, Plaintiff V. JOHN HOLDER, Defendant Attorney for Defendant, John Holder IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7348 Civil Term CIVIL ACTION - LAW ANSWER WITH NEW MATTER AND NOW, comes Defendant, John Holder (hereinafter "Mr. Holder'), by and through his counsel, Johnson, Duffie, Stewart & Weidner, P.C., who files this Answer with New Matter by respectfully stating the following: 1. Denied. After reasonable investigation, Mr. Holder is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are, therefore, denied and strict proof is demanded at the time of trial. 2. Denied. After reasonable investigation, Mr. Holder is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are, therefore, denied and strict proof is demanded at the time of trial. 3. Denied. After reasonable investigation, Mr. Holder is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. 4. Denied. After reasonable investigation, Mr. Holder is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. 5. Denied. Mr. Holder has since moved into an apartment in Cumberland County Pennsylvania. 6. Admitted upon information and belief. Holder was approached by Michael and Eileen Lowry sometime in or about 2004 to enter into a partnership which would purchase, rehabilitate, and sell properties. Related to this proposed partnership, Holder gave several Powers of Attorney (although he was told only one was in the proper form and thought only one was in effect) so, he was told the Lowrys could manage the business without his involvement in the day-to-day affairs of the enterprise. The Lowrys professed to Holder that they were experienced in real estate investment and management. Holder was not represented by legal counsel related to this partnership and, unfortunately, trusted the Lowrys and gave several Powers of Attorney without asking many questions. It is believed and averred that the title to the trailer at issue was put into Mr. Holder's name so that the trailer could be used as collateral for a business loan which was also placed in Mr. Holder's name. Mr. Holder has had no involvement with the trailer, the former tenants of the same, or the Defendants. Rather, the Lowrys are primarily responsible for payment of any lease payments, damages, and removal of the trailer as demanded by the Plaintiff. Mr. Holder shall file a Writ to Join the Lowrys as Defendants to this matter. 7. Admitted upon information and belief. 2 8. Denied. After reasonable investigation, Mr. Holder is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are, therefore, denied and strict proof is demanded at the time of trial. 9. Denied. After reasonable investigation, Mr. Holder is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are, therefore, denied and strict proof is demanded at the time of trial. 10. Admitted. 11. Admitted. 12. Admitted. See response to paragraph 6 above. As a result of Mr. Holder's partnership with the Lowrys, he has lost his life savings and his credit is ruined. 13. Denied. 14. Admitted. Defendant did not sign a lease, does not know the terms of any lease arrangement which the Lowrys entered into with Plaintiff regarding this trailer, and had no dealings with the former tenants in this trailer. 15. Denied. After reasonable investigation, Mr. Holder is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are, therefore, denied and strict proof is demanded at the time of trial. 16. Admitted in part; denied in part While it is admitted that John Holder did not pay the rent alleged to be due and owing, it is strictly denied that Mr. Holder had any obligation to do so. Rather, it is believed and averred that the Lowrys entered into a Lease Agreement with the Plaintiffs and are primarily and solely responsible for payment of said rent and all other damages alleged. The Lowrys put Mr. Holder's name on the trailer title in a means to avoid this liability. However, Mr. Holder bears no liability for the same. By way of further response, it is 3 also believed that taxes are due on said trailer and the same is to be sold at Sheriff's Sale in 2011. 17. Denied. After reasonable investigation, Mr. Holder is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are, therefore, denied and strict proof is demanded at the time of trial.. 18. Admitted in part; denied in part. See response to paragraph 16 above. It is strictly denied that Mr. Holder has any obligation to pay rent to Plaintiff. 19. Denied. After reasonable investigation, Mr. Holder is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are, therefore, denied and strict proof is demanded at the time of trial. 20. Admitted in part; denied in part. See response to paragraph 16 above. It is strictly denied that Mr. Holder has any obligation to pay rent to Plaintiff nor did Mr. Holder agree to any rental increase. 21. Denied. After reasonable investigation, Mr. Holder is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are, therefore, denied and strict proof is demanded at the time of trial. Furthermore, it is strictly denied that Mr. Holder agreed to keep the lot in any condition, including mowed. 22. Denied. After reasonable investigation, Mr. Holder is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are, therefore, denied and strict proof is demanded at the time of trial. 4 23. Denied. After reasonable investigation, Mr. Holder is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are, therefore, denied and strict proof is demanded at the time of trial. 24. Denied. After reasonable investigation, Mr. Holder is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are, therefore, denied and strict proof is demanded at the time of trial. By way further response, Mr. Holder never entered into a lease agreement with Plaintiff, rather it is believed and averred that the Lowrys did so. As such, it is only the Lowry's actions which may have caused Plaintiff the alleged harm. The Lowrys are solely and primarily liable for any damages allegedly suffered. 25. Denied. After reasonable investigation, Mr. Holder is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are, therefore, denied and strict proof is demanded at the time of trial. By way of further response, Plaintiff is not legally entitled to recovery of filing fees in this matter. QUANTUM MERUIT 26. Mr. Holder incorporates his answers to paragraphs 1 through 25 above as if fully set forth herein at length. 27. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. 28. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. By way of further answer, see answer to paragraph 16 above. 5 29. Denied. As stated, Mr. Holder entered into no lease agreement with the Plaintiff. Plaintiff only contacted Mr. Holder when the tenants residing in the subject trailer moved out citing a disagreement with the Lowrys. Plaintiff did not contact Mr. Holder for over a year after the tenants vacated since Plaintiff's representatives were told by Mr. Michael Lowry that John Holder was a "fake name" used to hold title for the trailer. All dealings regarding this trailer occurred between the Lowrys and the Plaintiff. The Lowrys are solely and primarily liable for any damages allegedly suffered by the Plaintiff. Furthermore, Plaintiff lacks clean hands with which to seek equitable relief from this Court due to their dealings with the Lowrys. 30. Denied. Mr. Holder's name was placed on title to the trailer so that his credit and name could be used to secure loans for which the trailer was used as collateral. Theses loans are in default and the bank, Member's 1' as begun execution proceedings on those loans. Furthermore, taxes are due on the trailer and it is believed that the same is scheduled to be sold at Sheriffs Sale in 2011. Given these circumstances, Mr. Holder is in no position to contest priority of lien for the trailer nor to move the same. 31. Denied. There is no benefit being received by Mr. Holder. 32. Denied. See responses to paragraphs 30-31 above. 33. Denied. WHEREFORE, Mr. Holder respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and that judgment be entered in his favor. TRESPASS 34. Mr. Holder incorporates his answers to paragraphs 1 through 33 above as if fully set forth herein at length. 6 35. Denied. After reasonable investigation, Mr. Holder is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are, therefore, denied and strict proof is demanded at the time of trial. 36. Denied. After reasonable investigation, Mr. Holder is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are, therefore, denied and strict proof is demanded at the time of trial. 37. Denied. After reasonable investigation, Mr. Holder is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are, therefore, denied and strict proof is demanded at the time of trial. 38. Denied. See response to paragraphs 30-31 above. 39. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. 40. Denied. WHEREFORE, Mr. Holder respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and that judgment be entered in his favor. EVICTION 41. Mr. Holder incorporates his answers to paragraphs 1 through 40 above as if fully set forth herein at length. 42. Denied. 43. Denied. 7 44. Admitted in part; denied in part See response to paragraph 16 above. It is strictly denied that Mr. Holder has any obligation to pay rent, utilities, or other charges to Plaintiff. 45. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. 46. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied and strict proof thereof is demanded at time of trial. 47. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied and strict proof thereof is demanded at time of trial. 48. Denied. WHEREFORE, Mr. Holder respectfully requests that this Honorable Court dismiss Plaintiffs Complaint and that judgment be entered in his favor. NEW MATTER 49. Mr. Holder incorporates his answers to paragraphs 1 through 48 above as if fully set forth herein at length. 50. Plaintiff's Complaint fails to state a claim against Mr. Holder upon which relief may be requested. 51. Plaintiff's claim may be barred by the applicable statute of limitations. 52. Plaintiff's claim may be barred by the doctrine of laches. 8 53. Plaintiffs claim may be barred by the doctrines of waiver and/or estoppel. 54. Plaintiff failed to mitigate its damages with any liability or responsibility on the part of Mr. Holder being expressly denied. 55. Plaintiffs claim as to Mr. Holder are more appropriate as to the Lowrys who will be joined to this action as Third Party Defendants. 56. Plaintiff seeks equitable relief which should be denied because the Plaintiff has unclean hands. 57. There is no legal basis for Plaintiff's demanded recovery of costs. 58. Plaintiffs' claims may be barred by the Statute of Frauds. WHEREFORE, Mr. Holder respectfully requests that this Honorable Court dismiss Plaintiffs Complaint and that judgment be entered in his favor. Respectfully submitted, JOHNSON, DU F E, STEWART WEIDNER By: Elizabeth . Snover Attorney . No. 200997 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: January 14, 2011 Attorneys for Defendant Holder 9 VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) Elizabeth D. Snover, Esquire, states that he is the attorney for the party filing the foregoing Answer with New Matter and that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Elizabet . S er, Esquire Attorney h for P tiff Date: January 14, 2011 391271 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer with New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on January 14, 2011: North View Manor Management, LLC c/o Joseph Gothie, Esquire 111 East Market Street, Suite 101 York, PA 17401 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizabeth Snover FILED-OFFICE rF T K E PRnT1-1ON0, TA R 2011 FEB -7 Pty 3: F? CUMBERLAIND COUP T)" `PENNSYLVAH1 . GOTHIE VAN ALLEN LLC Joseph N. Gothie, Esq. PA I.D. No. 80390 111 East Market Street Suite 101 York, PA 17401 V:717-848-8455 E: jng@gvafirm.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTH VIEW MANOR MANAGEMENT LLC Plaintiff V. JOHN HOLDER Defendant No. 10-7348 CIVIL ACTION - LAW ANSWER TO NEW MATTER AND NOW, TO WIT, this 4t' day of February, 2011, comes the Plaintiff by its attorney, Joseph N. Gothie, who files this Answer to New Matter, of which the following is a statement: 49. Denied. I 50. Denied as a conclusion of law. 51. Denied as a conclusion of law. 52. Denied as a conclusion of law. 53. Denied as a conclusion of law. 54. Denied as a conclusion of law. 55. Denied as a conclusion of law. 56. Denied as a conclusion of law. 57. Denied as a conclusion of law. 58. Denied as a conclusion of law. Respectfully submitted, BY: Dated: . `'t / / G HIE AN AL EN LLC Joseph N. Gothie, Esq. PA I.D. No. 80390 111 East Market Street Suite 101 York, PA 17401 V: 717-848-8455 E: jng@gvafirm.com CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing, attached document, upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure § 440. Service by first class mail delivery addressed as follows: Ms. Elizabeth D. Snover, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Served the `/ day of "..14,- --,2011. TAL EN LLC Joseph N. Gothie, Esq. PA I.D. No. 80390 111 East Market Street Suite 101 York, PA 17401 V: 717-848-8455 E: jng@gvafirm.com SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy t'. I hr ? TL! f 12011 FF 17 AM I I : 015- Richard W Stewart ICUMBERLAQ Solicitor Northview Manor Management LLC Case Number vs. Eileen M Lowry 2010-7348 SHERIFF'S RETURN OF SERVICE 01/21/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Eileen M. Lowry individually and in her capacity as Executrix of the Estate of Michael Lowry, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Writ to Join Additional Defendant according to law. 01/28/2011 12:42 PM - York County Return: And now January 28, 2011 at 1242 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ to Join Additional Defendant, upon the within named defendant, to wit: Eileen M. Lowry individually and in her capacity as Executrix of the Estate of Michael Lowry by making known unto herself personally, at 214 Willis Road, Etters, Pennsylvania 17319 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 SO ANSWERS, 6Z X - - ?"- February 16, 2011 RON R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration NORTHVIEW MANOR MANAGEMENT, LL.C Case Number vs. EILEEN LOWRY, INDIVIDUALLY AND IN CAPACITY AS EXECUTRIX OF THE ESTATE 2010-7348 OF MICH SHERIFF'S RETURN OF SERVICE 01/28/2011 12:42 PM - DEPUTY STEVEN DIEHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED WRIT TO JOIN ADDITIONAL DEFENDANT (WTJAD) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: EILEEN LOWRY, INDIVIDUALLY AND IN CAPACITY AS EXECUTRIX OF THE ESTATE OF MICH AT 214 WILLIS ROAD, ETTERS, PA 17319. STEVEN DIEHL, DEPUTY SHERIFF COST: $43.40 February 14, 2011 SO ANSWERS, RICHARD K RLEBER, SHERIFF NOTARY Affirmed and subscribed to before me this 14th day of FEBRUARY 2011 i'L WtvSw?e Sheriff Taieosott Irn A A?YGLL?C9fF%????/??f1f NOTARIAL SEAL LISA L. THCRPE' NCTAR" nJ7z 'L'C CITY OF YORK YORK CC.,N`Y uv n nk A AA I CC In M F Y 0 1 R F S A I: C? 1'' 2'0'''3