HomeMy WebLinkAbout11-7497COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL
COURT OF COMMON PLEAS
C1311BERLAND COUNTY
JUDICIAL DISTRICT
09-2-02
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. r' 4A197 C j j (Te
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 mentioned below.
Ken Kreiger and Diane Kreiger I 09-2-02
ADDRESS OF APPEUANT CITY STATE Zr CODE
118 West Pomfret Street
- Carlisle PA 17013
DATE OF XX)GhEW N n1E CASE OF rPbOtff J (D J
9/22/11 Shawn Lilley VS, Ken Kreiger and Diane Kreiger
CIAIAA NQ SIGNATURE OF APPELLANT OR M ATTORNEY OR AGENT
CV
LT
M1- aoa-L'roooolo aol) 6AA
This block will be signed ONLY when this notation is required under Pa. R CPJ.P.
1008&
This Notice of Appeal, ?" received b the 'strict Justice, will operate as a
SUPERSEDERS to the j? for posses I is case
J C 1
or
PRAECIPE TO ENTER RULE TO FILE
If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
1001(6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon Shawn Lille4 Name of appellee(s) , oppellee(s), to file a complaint in this appeal
(Common Pleas No 11- 7497_?IVL I le )within twenty (20) days after ice of rule suffer tr f
y lnt of non pros.
s
or twS attomey or agent
RULE: To Shawn Lillev appe(s)
Name a appeltge(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of moiling
Date: Sep . pi!
o/
P'0?r
COURT FILE TO BE FILED WITH PROTHONOTARY
AOPC 312-90
PROOF OF SERVICE NOTICE F APPEAL A huLC 1 FILE COMPLAINT
(This proof c. ?'4UST FEE FILED t ?, ,_c e of appeai. Check appiicabie boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
AFFIDAVIT: I hereby r or a irm 'teat I
Ej a copy Of A Appeal Commo upon the District Justice designa1ee'?
fdaf of s t f! Li pe! ?l service by (cp.rti# ed} (registered) rr der'
receipt attached hereto; and upon the ap
.CI b, p _ El by (certified) (iegistere6,: ,nJers receipt attached hereto.
El and further that I served the FCC `J kilo a Ccr-,`f ? 'nPanying the above, Notice of Ap?r,al upon the appellee(s) to whom
--as addressed o- _ [7 by personal o& ' by certifiedI !.registered;:
r ider's receiot attaches
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301.430-0311.4
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Mag. Dist. No: MDJ-09-2-02
MDJ Name: Honorable Jessica Brewbaker
Address: 18 North Hanover Street, Suite 106
Carlisle, PA 17013
Telephone: 717-240-6564
Douglas George Miller, Esq.
Irwin & Mcknight PC
60 W Pomfret St
Carlisle, PA 17013
Disposition Details
Grant possession. UNDER CLAUSE 27 OF THE LEASE
Grant possession if money judgment is not satisfied by the time of eviction.
Diane Kreiger
Wage attachment is prohibited due to lack of personal service.
Wage attachment is prohibited under Title 42 Section 8127.
Ken Kreiger
Wage attachment is prohibited due to lack of personal service.
Wage attachment is prohibited under Title 42 Section 8127.
Disposition Summary
Docket No Plaintiff Defendant
MJ-09202-LT-0000104-2011 Shawn Lilley Ken Kreiger
Notice of Judgment/Transcript
Residential Lease
Shawn Lilley
V.
Ken Kreiger, Diane Kreiger
Docket No: MJ-09202-LT-0000104-2011
Case Filed: 9/8/2011
rln« Y
Yes
No REF f 8
No NVVIil U. icKiliiL-N
No 0! 0 ,` C
No
No
Disposition Disposition Date
Judgment for Plaintiff 09/22/2011
MJ -09202- LT-0000 104-2011 Shawn Lilley Diane Kreiger Judgment for Plaintiff
09/22/2011
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
COURT 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 ONLY TO APPEAL 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 JUDGMENTITRANSCRIPT 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.
MDJS 315A
Page 1 of 3 Printed: 09/23/2011 1:27:26PM
Shawn Lilley Docket No.: MJ-09202-LT-0000104-2011
V.
Ken Kreiger, Diane Kreiger
.111M p`pL pmle 4LL-o?syD a
at Magisterial District Judge Jessica Brewbaker
Date Magisterial District Judge Jessica Brewbaker
MDJS 315A
Page 2 of 3 Printed: 09/23/2011 1:27:26PM
Shawn Lilley
V.
Ken Kreiger, Diane Kreiger
Private(s)
Douglas George Miller, Esq.
Irwin & Mcknight PC
60 W Pomfret St
Carlisle, PA 17013
Plaintiff(s)
Shawn Lilley
305 E. Green St.
Shiremanstown, PA 17011
Defendant(s)
Diane Kreiger
118 W Pomfret St
Carlisle, PA 17013-3218
Ken Kreiger
118 W Pomfret St.
Carlisle, PA 17013
Complainant's Attorney(s)
Chad James Julius, Esq.
Law Ofcs of Leslie D Jacobson
8150 Derry St
Harrisburg, PA 17111
MDJS 315A
Docket No.: MJ-09202-LT-0000104-2011
Participant List
Page 3 of 3
Printed: 09/23/2011 1:27:26PM
''~~'~
~'~~° j ~r~~~~~r'~C~''(
r, r.
Johnson, Duffie, Stewart 8~ Wei~~~'.s I ~ ~ +~ l' "'~
By: Mark C. Duffie ~L u
I.D. No. 75906 ~1~~°~~`'~°~-~~,~ v 40'1 ~ Attorneys for Plaintiff
301 Market Street ``,~~~ ~ Y ~V~~~~~ ~+
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mcd@jdsw.com
SHAWN LILLY
1 Northview Road
New Cumberland, PA 17070,
Plaintiff
v.
KEN KREIGER and DIANE KREIGER
118 West Pomfret Street
Carlisle, PA 17013,
Defendants
NOTICE TO DEFEND
NO. 11-7497 CIVIL TERM
CIVIL ACTION -LAW
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set fo
in the following pages, you must take action within twenty (20) days after this Complaint a
Notice are served, by entering a written appearance personally or by attorney and filing
writing with the Court your defenses or objections to the claims set forth against you. You
warned that if you fail to do so the case may proceed without you and a judgment may
entered against you by the Court without further notice for any money claimed in the Compla
or for any other claim or relief requested by the Plaintiff. You may lose money or property
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THI
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEA
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
IN THE COURT OF COMMON PLEAS O
CUMBERLAND COUNTY, PENNSYLVAN
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de I.
demandas que se presentan mfis adelante en las siguientes p~ginas, debe tomar accion dent
de los prbximos veinte (20) dias despues de la notification de esta Demands y Aviso radicanc
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Cor
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suy
Se le advierte de que si usted falls de tomar accion como se describe anteriormente, el ca:
puede proceder sin usted y un fallo por cualquier sums de dinero reclamada en la demands
cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en cont
suya por la Corte sin mss aviso adicional. Usted puede perder dinero o propiedad u otn
derechos importantes pars usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE.
USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. EST,
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UI
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, E;
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIA
QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUI
CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
Johnson, Duffle, Stewart 8 Weidner
By: Mark C. Duffle
I.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mcd@jdsw.com
SHAWN LILLY
1 Northview Road
New Cumberland, PA 17070,
Plaintiff
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANI
NO. 11-7497 CIVIL TERM
CIVIL ACTION -LAW
v.
KEN KREIGER and DIANE KREIGER
118 West Pomfret Street
Carlisle, PA 17013,
Defendants
COMPLAINT
AND NOW, this I o~~ day of August, 2012, comes the above-named Plaintiff, S
LILLY, by and through his undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and fi
this Complaint against the Defendant listed above and in support thereof avers as follows:
1. Plaintiff, SHAWN LILLEY (hereinafter "Landlord"), is an adult individual curve
residing at 1 Northview Road, New Cumberland, Cumberland County, Pennsylvania 17070.
2. Plaintiff is the owner of real property known and numbered as 118 West
Street, Carlisle, Cumberland County, PA 17013 (hereinafter "Premises").
3. Defendants, Ken Kreiger and Diane Kreiger, husband and wife (he
"Tenants"), are adult individuals who reside in and rent, pursuant to a Lease Agreement
Landlord, the Premises.
4. On or about July 19, 2010, the Landlord and Tenants entered into a
Lease for the Premises for a term of one (1) year commencing on August 1, 2010 and end
on July 31, 2011. Thereafter, the Lease renews for additional terms unless terminated th
(30) days prior to the end of the Lease Term. A true and correct copy of the Lease for
Premises is attached hereto and incorporated herein as Exhibit "A". On August 1, 2011, hav
not been terminated pursuant to the terms of the Lease, the Lease renewed for a period of c
(1) year to expire on July 31, 2012.
5. The monthly rent for the Premise is Five Hundred ($500.00) Dollars which is
and payable in advance on or before the twenty-first (21st) day of each month.
6. If rent is not received by the Landlord on or before five (5) days after the rent
date, Tenant must pay a late fee of Twenty-Five ($25.00) Dollars in addition to the rent.
7. The Defendants have failed and refused to pay rent for each month beginn
October, 2011 through August, 2012, with a total balance owed for this period, including
fees and penalties, being Five Thousand Two Hundred Eighty-Three Dollars and Seventy-Si:
Cents ($5,283.76).
8. A claim is also being made for future rent payments or charges accrued, owing
and unpaid at the time this matter proceeds to arbitration and/or trial.
2
9. By virtue of the Tenants' failure to pay rent, Tenants are in breach of the
obligations under the Lease.
COUNT I - IN EJECTMENT
10. The allegations contained in Paragraphs 1 through 9 are incorporated herein
reference as if the same were set forth fully herein.
11. Landlord has served the Tenants, through Tenants' counsel, Douglas G. Mi
of Irwin and McKnight, a thirty (30) day written notice of intent to terminate the Lease
January 11, 2012.
12. This notice of termination was for the current Lease term of August 1, 201
through July 31, 2012. A true and correct copy of said Notice to Terminate is attached
and incorporated herein as Exhibit "B".
13. Said Notice was provided five and one-half (5-1/2) months prior to the expiration
of the current Lease Term.
14. The Tenants have indicated they will refuse and have not vacated the Prem
after the expiration of the current Lease Term (July 31, 2012).
15. By virtue of the Tenants' multiple breaches of their obligations under the
the Landlord is entitled to retake possession of the Premises.
3
WHEREFORE, Landlord, Shawn Lilley, demands judgment against the Tenants,
Kreiger and Diane Kreiger, for possession of the Premises at 118 West Pomfret Street, Carlisle
Cumberland County, Pennsylvania.
COUNT II -FOR MONEY DAMAGES
16 The allegations contained in Paragraphs 1 through 15 are incorporated herein
reference as if the same were set forth fully herein.
17. Pursuant to the Lease, the Tenants are indebted to Landlord for unpaid
totaling approximately Five Thousand Two Hundred Eighty-Three Dollars and
Cents ($5,283.76).
18. Additional rent may accrue subsequent to the filing of this Complaint until
time for arbitration and/or trial and Plaintiff hereby claims all rent due and owing until the time
that arbitration and/or trial.
4
WHEREFORE, Landlord, Shawn Lilley, demands judgment in his favor and against
Tenants, Ken Kreiger and Diane Kreiger, in the amount of Five Thousand Two Hundred Eig
Three Dollars and Seventy-Six Cents ($5,283.76) plus costs of suit.
Respectfully submitted,
JOHNSON, DUFFIE TE T & WEIDNER
By:
Mark C. Duffle
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
(717) 761-4540
Attorney for Plaintiff
505193
5
EXHIBIT A
r~ ~' °'-~
f ~, _~
__ ~_
RESIDENTIAL LEASE AGREEMENT
x. I.ANnLORD:
The Landlord(s) and/or agent(s) isfare and will be referred to in this Lease Agn:eiiient as "Laiidbi~"
Shawn Litley (I.andtaad}
2. TENANT:
The Tena~(s) is(are:
Kennefii A_ Kreiger DOB: 3l6/1945 SS#: X3~C-XX-8112
Diane K. Kreiger DOB: ll12lI947 SS#: 3~C XX-6045
and wilt be iefeit~ed to in Phis Lease as "Tei-aiit_"
3. RENTAL PRUPIEitTY:
The Landlord agrees to tent to the Tenant the pnnparty desp-ibest as a(n) meat located at 11$ IrL W. Pomfret St,
17013 with 2 bedioom(sj and I full bath(s), which will be referred to in this Lease as the "Leased Pr~einises."
4. TERIYI OF LEASE AGREF.MEI~IT: _
The Lease iai vcvil' t begin on (month) ~ (day) t ,(year) "Zat O and will end on (mo~Ii) ~
(year)Z~(~ ~ti~tl
Stt"
5. USE & OCCUPANCY OR PROPERTY:
A. The only person(s), living in the Leased premises is/are; Kenneth A. Kreiger, Diane K Kreiger
B. Any ~e in the occupancy will require wiittea consent of the Landloid.
C. Any in oaaipancy may be subject to an adjustment in the amount of rent
D. The Tceant will use the Leased Premises only as a residence.
6. AMOUNT OF RENT:
A. The amour of the Rent is $SOOAO to be paid monthly.
PA,
7. DATE RENT IS DUE:
A. The rent is due in advance on or before the 21st day of each month. The rent due date is the date the Landlord must the
Tenants payment.
8. Recital payments are made payable to: Shawn Lilley
C. Rental paymerds may be delivered to the Landlord at Shawn Lilley, l Notthview Road, New Cumberland, PA 17070.
8. LATE FEE:
A. If the rent or any other charges are not received by the Landlord on or before 5 days after the iEilt due date, Tenant n
late fee of $25 is addiU'on to die rent
B. Rental payments paid late 3 times widen a 12 month period creates a default of the Lease Amt.
C. Payments received by Landlord when there are arreaiages, shall be credited first, to any outstanding balana:, and then
to the cim+erit amount due.
9. RETURNED PAYMENTS:
A. A reUimed payment flee of $35 will be added f+~ a[I t~.uiried payments. A persona! check will not be accepted as paym to
neptace a retinned payment.
B. If there one more than 2 instances of resumed payments, Tenant(s) agree that the Landlord may require al l Enrols paym b
be made only by Cash.
C. Ifyour financial institution neiiuris yourrentat payment and causes the recital payment W be fate, a late charge wilt apply.
Infials of at! Tenants K1'~1~ ~ /~ /~
Page
10. SECIIRTTY DEPOSIT:
A_ T>re Tenant(s) have paid to the Landlord a Security Deposit of $SOU.UO.
B. The Secairity Deposit is intended to pay the ~ of damages, cleaning, excessive wear and tear, and utavtumed keys the
Lease Agreenteat has ended and/ar fnr a~ unpaid ~'ges or attorney fees suffered by the Landlord 65' reason of T s
default of this Lease Agreement.
C. Tenant may be responsib[e for any unpaid charges or aftomey fees, suffered by the Landlord by reason of Tenants de of
this Lease in accordance to state and local laws and regulations.
D. Under no cinaunstance can the Security Deposit be used as paymerrt for rent and/or other charges due during the term f this
Lease Agreement
E. The Leased Pt+emises must be left m good, clean condition with ali trash, debris, and Tenants personal property nmiov The
Leased Premiers shalt be left with all appliances and equipment in working order.
F. Landlord's recovery of will not be limited to the amount ofthe Security Deposit
1L UTQ.iTIES & SERVICES:
A. Tenant is responsible fnc the following utilities and services: Elec7Ficdtty, Heating Oil, and Trash and Recycling
and is required to register the utilities and services in Tenants name. Tenant understands and agrees that essential servi are
to be maintained and operational at a~! tunes
B. Oil Feat
I. Tenant wrll pay for heating nit
II. The Tenant is pamitLed Lo deduct the cost ofthe heating oil contract after if has been paid in foil and he/she has
the Landlord with a paid receipt.
III. If tenant allows the beating oil storage unit bo become empty, Lunt will be responsible for the foil cost of any n
(without limit) needed or the repiaceln~t ofthe heating sy~i.
1Z. APPLIANCES:
A. L;aoodiord will supply and maintain: (~)
B. Tenaotmust have written approval belure installing an), a~lianoe. ~ ~, responsibility for the '
reP~ ~ uP~P of ~Y supplied by the Tenant Tenant agrees hPJshe is responsible for any damage that Ln the
Leased Premises resulting from the add'iti'on of any appliance that is supplied by the Tenant
initials of all Tenants ~-~ ~, j~, ~~ Pale
13. MAIIVTENANCE AND REPAIItS:
Landlord shall be responsrble for repairs in or about the Leased Premises unless caused by the negligence of the Tenant Ten
be respoasrble fnr any ~ cnsrsed by his/her negligence.
A. It is the responsibility of the Teararrt to promptly notify the Landlord of die need for any such of which Ilse Tenant
becomes aware.
B. If any required repair is caused by the negligence ofthe Tenant and/or Tenant's guests, tine Tenant will be fully responsi
the cast of tfie repairand/or repiaceonent that may be neesded_
C_ The Tenant runst keep the Leased Premises dean and sanitary at all times and remm+e all rubbish, garbage, and other w
a clean, tidy and sanitary manner.
I7. Tenant must abide by all kxnl recycling regulations.
E. The Tenant shall paoperiy use and operate all electrical, cootQng and plumbing f;IICtlues and keep them dean and. sanitary
F. The Tenant is not permitted to paid make any alt ions, improvements or additions io the Leased Premises without fir
obtaining the writferr pennissi~ ofthe Landlord. The Laadiorri's permission m a particular paintiusg, aheratioq irnprnvefn,
addrtian shall not be deemed as co»seat to futzue paring, sitecafions, imlttovemenfs, or additions. .
G. Upon approval of the Landlord, Tenant may (rave arty necessary repair performed by a reputable contractor and then m:
deduct fire cost from the next morsth's rent Tenant must provide a receipt to the Landlord.
14. CONDITION OP PROPERTY:
A. The Tenazrt admowleciges that the Teaamt has inspected die Leased Premises and at the commencement of this Lease
Agteemerrt, the interior a~ ead~aiar of the Leased Premises, as well as all equipment and arty appliarsces are hound th l;
acceptable condition and in good w+rx~rg order;
B. The Tenant agrees that neither the Landlord nor his agent have made promises regarding the condition ofthe Leased 13
C. The Tenant agrees to return the Leased Pransises to Landlord at end of the Lease Agreement in the same condition it
the beginning of the Lease Agreensent
15. PETS:
Ilse following pets are allowed: Housecat
16. PARIt~iG:
Parking is provided. One partdng space at rear of properly for tenasrt only.
17. SPECIAL TERMS AND CONDTI'IONS:
The Landlord and Teaarn agree in tare following extra services, clrarges and/a~r special temvs:
Lease will:automaiicalty renew for an add'itiorral terms at the request ofthe tenant.
Tenarrt wR'll be compensabed($I5.00 per hrJone hr min) for time provided on behalf of the landlord.
All appliances(washerldryer, stove, refrigerators, iree~er, air conditioners) are the property of the tenarst and will be rrnsoved
tenant
Basexrsent, back Pored ~~Y. Y~,1~ and storage shed are solely for the use of this teaarst
will
for
~~
or
in an
at
lnfiats of alt Tenants ~~ .D, ~~, ~~` Page
18. RULES AND REGULATIONS:
A. Late fees one strictly enforced and any unpaid fees will not be waived.
B. Absolutely rro smoking ~ Permitted in the Leased Premises.
C. The Tenant may not interfere with the peaceful enjoyment of the neighbors.
D. Garbagel'Trash roust be taken to the caub on the sdreduled day(s) of trash removal and not before.
E. The Tenant will be responsible for arty fine and/or viatation that is imposed an the Landlord due to the Tenant's negiigea
F. The Tenant shalt abide by all Federal, State, and Local laws.
G. The Tenarrt shall notify the police and Landlord of any 'Regal activity brat is wrtrressed m or arowrd fire Leased Prernises
H. The Tenant agrees not to use the Leased Premises for any rmlawfirl purpose indudmg but not limited to the sale, use or
possession of iIIegal drags on or aroundthe Leased Premises,
I. The Tenant agrees to test smoke detector(s) periodically as well as maintain operations[ batteries at all tunes.
1. The Tenant must report airy malfunction wide smoke detexxa(s) immediately m I.andloed. The Tenant agrees rmt bo rani
dismantle or take any action to interfere with the operation of any smoke detectors) installed ~ the Leased Pranises.
K. The Teirarit agrees to test carbon monoxide detector(s) periodically as well as maintaain operational batteries at all times.
Tenant must report inomediately to the Landlord arty nralfimdion with carbon monoxide detector(s).
L. Absolutely no harardous materials are permitted to be in or around the Leased Premises at any time.
M. Under no circoa>stance may a stove, oven or range be used as a sorace for heal
N. Charcoal and Gas Barbecue grills may not be used inside the Leased Premises.
O. All widows and doors must remain dosed dining inclement weather.
P. The Tenant shall notify Landlord of any Pest control problems.
Q. The Tenant must notify Landlord of nay diamges in employment.
IL The basemeatand/or attic may not be modified for the use as living quarters without written permission of the Landlord.
S. Trampolines are not permitted on the Leased Premises.
T. Waterbeds and liquid fianihae are not permittird without the written permission of the Landlord.
U. The Tenant may wort hang ~or place any signs on or about the Leased Premises.
V. The Tenant may not blodcrthe fire escape at any bare.
19. ADDENDUMS:
The following Addendums, attadied to this Lease Agraemeent, shall become part of this Lease Agreement:
(none}
20. INSURANCE:
Tena~ agrees to be solely responsible for a~+ damage to ~ k-ss of the Tenant's personal property. Accardmgly, the Ted is
strongly encouraged to obtain personal properly/rentez's insurance with an insurance company Properly licensed bo do in the
State. This policy must become effective on or before the beginning date of this Lease Agreement.
21. SECURITY NOT PROMLSED:
The Tenant has urspeded and acknowledges that all door and window locks, fire extinguishers, setmrity alarm systems, smoke
detectors and/or carbon monoxide detectors are in sound working oi~x: Tenant fwther rmdersmnds and acknowledges that al>
die Landlord makes every effort to make the Leased premises safe and secure, this in no way crests a promise of security.
22. RIGHT OF ENTRY:
A. Larrdbrd and/or his agerrts, with 24 horns written notice have the right during the term of this Lease Agneernerrt to enter d
reasonable hours to inspect the pr~nises, make repairs oi• improvements or show prospective buyersand/or Tenant(s) the
ProP~S'-
B. In the event of an emergency, Landlord reserves the right to enter Leased Premises without notice. It is required drat Lan
have a working set of keys and/or security codes to gain access to the Leased Prenii~ses.
I. Tenants wi71 not drange, or install additional locks, bolts or security systems without the written permission of the Lao
II. Unauth~iaod it>sfallation or dtangaig of airy locks will be replaced at the Taiarrt's ercperrse
III. Tenant shall 6e responsible for arty and all damages that may occur as a result of forcible entry during an ernergeacy
where there is an a~uttrori~ed placement of a lode.
23. ENDING OR RENEWING THE LEASE AGREEMENT:
A. At the end of the Lease terra, this Lease Agr+eemerrt shall automatically eontiiiue for an additional Lease term until such
Landlord and/or Tenact provide a written notice of 30 days prior m the end of the Lease Agneernent or Lease renewal ~
!artists of air Tenants ~'T'~ ~ D f~. ~~ Page
24. NOTICES:
A. Arty notice, required by the terms of this Lease Agreement shall be im writing.
B. Notices sent th Ure Landlord Wray be sent bo the following:
I. I Norflrview Road, New Cumberland, PA,17t)70
II. F.nrail: sphll~.rxan
C_ Notices may be given by either party to the other in any of the following ways, or any other mariner provided for by
i. Regular mail
2S. ABANDONMENT:
If Tenant vacates the Leased Premises before the end of the Lease term withoui written permission from the Landlord, the
Prernrses is then considered to be abandoned and Tenant is in default of this Lease Agreement Under these C~
may be.responsible for damages and losses allowed by federal, state and local regulations.
26. LANDLORD'S REMEDIES:
if Tenant violates eery part of this Lease Agreernmt including non-payment of rent, the Tenant is in default of this Lease
In the event of a dew the Landlord may initiate legal lnos~edings in accordance with Ioca1 and state regulations to evict o have
Tenant removed from the Leased Premises as well as seek judgment against Tenant for any monies owed to Landlord as a t of
Tenarrfs default
27. SUBORDINATION:
This Lease Agreement is subject and subordinate tD any lease, firrarrciarrg, (Deus, other arrangements, or right to possession
regards to the building or land that the Landk-rd is obligated to now err in the future includrng existing and f rtrue finant~ng,
loans or leases on the buikfing and sand.
28. CONDEMNATION:
If the whale or auy part of the Leased Premises is takes by any authority having power of ooademnatioq this Lease Agreern will
end. Tarrant shall peaceably vacate the Leased Prnrnises and r+emov+e aII personal property and the lease tams will rw Longer
The Tenarri; however is responsrble for all rent and unfit such time that Tenant vacates the Leased Pranises.
29. ASSIGNMENT OR SUBLEASE:
Tenant agrees not to transfer, assign or sub-lease 8re Leased Pt+ernises without the Landlord's writtear permission.
30. JOINT AND SEVERAL LIABILITY:
The Tenant. understands and agrees that if there is more than one Tenant that has signed the Lease Agreement: each Tenant
individuaQy and completely responsible for all obligations cinder the trans of the Lease Agnesnezrt
31. MISREPRESENTATION:
If any infortaation provided by Tenant in application for this Lease is found to be knowingly incorrect, untnrthfui and(or mist it
is a breach of this Lease.
3~. BINDING OF HEIRS AND ASSIGNS:
Ali provisions, terms'aad rxsndrtions of this.3:ease Agreane~ shall be binding th Tenant, Landl
Successors. ord, their Heirs, Assignees sad
33. SEVERABII.I7'1':
If any part of this Lease Agreement is not valid, enforceable, bindrng or legal, it will not carrcei or void the rest of this Lease
Agreement. The ranainder of the Lease Agr~nent will continue to be valid and enforceable by the Landlord, to the maxim
extent of the laws and regulations set forth by local, state and federal govemmerns.
34. GOVERNING LAW:
This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Penrrsyivarua
initials of all Tenants ~'7tL ~, /~i~ Page
~ ....: {
35. ADDITIONAL CLAUSES:
A_ WAIVER OF NOTICE: The Tenaztt waives the right to receive a Native of Default from the Landlord unless such nati is
rewired by state or local regulations.
I. You are waiving your right bo have a notice sent to you before the Landlord starts court action to recover possessi far
nampayment of rent or any other reasan_
B. Landlord's acceptance of rental paymen4s is not a waiver of any default by the Tenant.
36. PARAGRAPH HEADINGS:
Paragra~IC headings in fins Lease Agreement are for convenient reference only and do not represent the rights or obligations
Landlorri•br Terraret. '
37. ENTIRC AGREEMENT:
A_ Landlord and Tenant agree that this Lease Agreement and any atfar~d Adds, Rules and Regulations,and/or S
Terms and Conditions accwabely represent all terms and agreeruents between the Landlord and Tenant regard'cng tfie
Premises.
B_ Tenant aclrnowledges the receipt of any dsdosures required by the State ofPennsylvania as well as any disclosures by
fetal, state; and local jwisd'ctions.
NOTICT: This is aasmpoatant LEGAL document
• You may have an aftomey review the Lease Agreemerrt prior to signing it
• You are giving up certain important rights.
• ff the Landios~d fa~7s 1ao enforce nay provision of this Lease Agreem~ it wilt not constidrte a waiver of any default,
default or defanIt of the remaining provisions.
- Tmne is of the essence in this Lease Agreement.
By si°~~ taus Lease A>; the T~ant des that hels6e has read, understood and agrees w comply with all of the rem
moons, Rules and Regiiladans of this Lease Agreement including any addeadums and that he/she has received the following.
1. Copses of alI Addendams, Rules and R:egWatioas, Spex:ial Ternzs and Conditions, and Applications.
2. All necessazy Key(s)„Garage Door OpeneKs),~n~C~d(s) and/or Auto Stidcer(s} to the Leased Premises.
Tenants Signature: f'` ,,e~~` (/' ~~j'~~~ _ Date: / ~ )~ ~ /G
Tenants Signature: ~T--~-Gvy-LQ f % Date: 7 ~~1 ~ 0
LandlondJAgent Sim ~ G `
Date: ~ I 1 ~ l0
!ni#iats of a!i Tenan#s ~~~~ ~: /~ /~ Page
EXHIBIT B
JACOBSON, JULI~TS & Iv%cPARTI,AND
ATTORNEYS ~ COUNSELORS AT LAW
LESLIE DAVID JACOBSON
CARD J. JULIUS
SCOTT McPARTLAND
s 15o DERRY STREET, SU
HARRISBURG, PA 1711
Phone: (717 909-5558 Fax: (717) 9Q
A
788
January 11, 2012
VIA FIRST-CLASS MAIL AND FACSIMILE n, 717-249-6354
Mr. Douglas G, Miller e
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013-3222
Re: Residential lease agreement
Kenneth and Diane KYeiger
Dear Mr. Miller:
I recently spoke with Mary Sill, who as you know is attempting to sell the property your
clients are leasing in the hope of acquiring a buyer prior to the anticipated sheriff's sale. I was
informed today that during her most recent showing of the property your client walked into the
room and began using profanity directed at a potential buyer. We have done everything to find
buyer for the property that would allow the Kreigers to remain, unfortunately your client's
behavior has been a great detriment to our ability to do so.
Pursuant to paragraph 23(a) of the Lease Agreement between our clients dated July 19,
2010; this is,a formal notice that the lease between our clients is hereby terminated effective on
Juty 13, 2012. While paragraph 23 only requires that we provide your client with 30 days
written notice, we provide you this advance notice so that your client may have every
opportunity to seek other living arrangements. Of course, a sheriff s sale of the property prior t
that time may impact your client's ability to stay.
Thank you for your immediate attention in this matter. If after reviewing this
correspondence you should have any questions or comments please feel free to contact me at
your convenience.
www.ljacobsonlaw.com
C: Client
VERIFICATION
I, Mark C. Duffle, attorney for Shawn Lilley, hereby certify that the matters assert
herein constitute matters of record, legal arguments and matters within the direct knowledge
counsel. The statements contained herein are true and correct to the best of the knowledge
the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A. §4904.
Date: ~' ~ ~~ ~~-
6
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing Complaint
depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with
postage prepaid on the J0~ day of August, 2012, addressed to the following:
Ken Kreiger and Diane Kreiger
118 West Pomfret Street
Carlisle, PA 17013
JOHNSON, DUFFIE, ST RT & WEIDNER
By:
Mar C. Duffle
9
Kenneth Kreiger 6 Diane Kreiger Defendants
118 '~ W Pomfret 3t.
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH KREIGER & DIANE KREIGER,
1 18 %Z West Pomfret St
Carlisle, PA 17013
Defendants
N0. 11-7497 CIVIL TERM
MOTION TO DISMISS
vs.
E'}
C
~„°'
SHAWN LILLEY, -~3 ^~
r*t ~•
~
305 East Green St c~
Shiremanstown, PA 17011
~
Plaintiff, ~~
~ ~ tv
--+ ca
c:,~
Defendant hereby moves the Court to dismiss Plaintiffs Complaint with prejudice. The
bases for this Motion are set forth in the accompanying Memorandum.
Dated this 27th day of August, 2012
Konnoth Kraigor 6 Diano 1Croigor
118 ~ Host Pomfret St
Carlisle, PA 1
r-
--9
z ~~
~~
~~~
:tip
t-
r
Kenneth Kreiger S Diane Kreiger Defendants
118 '~ W Pomfret St.
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH KREIGER & DIANE KREIGER,
118 'h West Pomfret St
Carlisle, PA 17013 Defendants
vs.
SHAWN LILLEY,
305 East Green St
Shiremanstown, PA 17011 Plaintiff
NO. 11-7497 CIVIL TERM
MEMORANDUM IN SUPPORT
OF MOTION TO DISMISS
FACTS
Plaintiff failed to respond to Common Pleas No. 11-7497 Civil
Term within the 20 days of filing of Notice Of Appeal of District
Justice 09-2-02 judgment on September 30, 2011.
ARGUMENT
1. Plaintiff's complaint was not filed within the prescribed time stated in
Notice Of Appeal. j
2. Plaintiff's complaint does not address the judgment rendered under Docket
No. MJ-09202-LT-0000104-2011.
3. Plaintiff's claim should be dismissed because his legal claims are
without merit.
CONCLUSION
For the reasons stated above, Defendant's Motion to Dismiss should be granted.
Dated this 27th day of August, 2012
Kenneth Kreiger 6 Diane Kreiger
118 '+~i Nest Pomfret 3t
Carlisle, PA 17013
~ -~ r~ ~. r
~attM ol~ ~ NOTICE OP AIMEAL
toue* o~ cot+~llloa taws
(~L8® 0~'iT
.tuacw
09-2-02 ~'~~ T
.~.,~~. ~~-r~~ C~h~~~~m
oP
Nalio. ~ prom +~ ~ ahpoMaro ~ i~.d :, ~. aboMe ca.r ~ correrron ~ on upped ~ >ti i iendn.a by ~ olaria ~. on ~.
dole and in the ooie arerMioned bobec
._....,.r.~.~..,...
~'~° r aad Dim iiCs'eiSer
09-2-02
lls YMIt P~aafret Street Carlisle PA 17'013
9/22/11 ~a Lil]~y >~n and Diaa~e
CY ~-
1T N.~~ ~„-L'T'OOOO~.~ol~
This 61odc wi be siPred f~lY when d:s rrololion is ntquinrd under lb. iieeau.
i00dR // wale CLAN111NT (sse PJl. ..~lP. Ma
Ths l~imh~e of Appeal, nrwired the .Antiw, wil operate a: a 1001(61 iR 8Clf0It btilfare b ,lt,~ioe tte A~l,RST
Surms~DE~S ~ fire ' for ' oa~a
'
f;kE A Cf~LAMNT t+nittt~-- twantJr (20J
a/ler
~ his MOTiiCF of APF1rAL
a
PRAECIf TO iN'1'ER R1JE~ rO1~LE ANb R!!tE TO EItE ,
(1-Ms sCC~lO-! d brm b 6~e teed QIIE.Y tMte-1 ~leiwint ass O1fi~ILti{llfT fees Pb. RCP.J.P. Ma t00f(7) !n ectic-r f9elbnB Driest ,N
F MOT iri9~, adaran bant ogpy d rrabfae d c~ppes- b be ~errwd agorl aicpsAiee)•
'RAECM~ To ProNrorro~ory
Enter rub upon _- Sii6~ 7.317 eT ~ appe~eo(s~ b He o oomploir~t in Nis cad
_ lltrn. a sFps~yal
(con.rwn i~ ~ ~ I- -r~y7 ~pd,l ~ 1 within try czol days oFler of ruM sv~
RIA~E: To 8i~ Li11.e. • q+pelee(sE
~ d sl f
{ i) l~bu are rroliped Nrof o eule is hewbtr enlwed upon pu b fi o aar~rlait in Nri~ upped witHn twenlp (ZO) dogs adMer tln dole of
sorvioe of ttis rule upon .You b9~ P~~ swviar a' by arir7ied or ~d raoifl
(Z? 1F r~ do trot iNe o campioir wilHn tlis titre, o IIJDC,AwEN'if OF hION Pf10S WLL !E ~ AiCItN~ST Yi0l).
{3) The dale of sarwice of thi rule if eervioe woc bit rrrailr the da4 of maim
oae~~d . a'~~
w d Mahn ~
~~ 31z„~ COURT PILE TO iE FILED WITH PROTHONOTARY
' COMN~NNIEAI-TH OF Pl:NN512VAN1A NOtfCe of JudgmenUTranscript
COUNTY OF CUMt3ERLAND R~~~' L~~@
Name: Wonorabb Jessica &swbeker
f 8 No~fih iiattover Sgse1. Stye 108
Gatiiste. PA 17413
~ Telephone: 7 t 7-2~0~8584
Oagt~ George lYNI~, Esq.
mein 8 MCknight PC
60 W Pomfret St
Gale, PA 17013
~.
~~
Brant P lit Q.~BSijE 27 02' ~ LBA>i6
~ ~ ~- ~ nat eadsAed ~ ~ tlnte of evit~ion.
olsn. K~
Wags attachmont is prohibited due to Isck of persona service.
wage attadxrwnt as pmhibilod under Titiee 42 section x127.
ICer~ Kr~elger
wage attadnetertt is proltibile~d due ~ ladt of peraortal service.
Wage altadtnter>t is p tinder Title 42 Sectiart 8'127.
DispOSN~oIt 8urntnary
Eliitl~
AAJ~Oa2p2-LT-00001 W-2011 Shswn Levy ~ K~
AAJ~Op20Q{T-0000104-TOf 1 S-wwr+ I.iNry pub
Shawn LiNey
v.
Ken Kreiger, Diane Kreiger
Aoticst Na MJ-0i9202-LT-0007 W-2R~1 i
Caee Fief 818@01 f
~1~~
Yes
No SEF 2 8 i~ { t
~:
No i!tVlfild ~ h1CKiVIGH
~ ~~_~w ~a:r;r.
No
No
.ludpnNM Iot PWMitI Oql
MAN ACTION NlMOI.VE18 A REIi110E1TIAL, LEAtlE, ANY PARTY MAS TIE RK1H1' 1'O APPEAL FR011 A Jt~Nt POR
Yr7THN TEN GAYS AFYlBI TIE QATE6 OF ENTRY OP JI~JIT' dY FILM16 A NOTICE OF APPI"eAL NR11I THE PROTIiONOrARY OiF
COURT aF TIE COURT OF COMNMON P{.#•eA3. CNM. QIVMIOIL THIS APPEAL llrw.l. EIQ UOE Mi APICAL OIE THE r01EY IF
ANY. !N ORDER TO OBTAIN A SUP'HI~EAS, THE APPELLANT MUTT OEF'OEIT IMiH TIE PRORIiQNd7'ARY/CLlltl(OF
L~ESIIElt OF TIAiEE MONTNls REIT OR THE R@11' ACTUALLY E ARIlEAI1i ON TlIE DM1TE THE APPEAI. E FM.tA. NOINEY~ ,
THE
ANDlOR aECTION s T~Nrs arlouLD REFER To Pa.R.c.P.M.D.J. NO. ~eotl oR lots FoR orT PROC3
oEPOSrr. THIi
iF A PWlTY NIEI~ ONLY TO APPEAL THE MONEY P01Ci10N OF A JIIDQ~NT IIIMOLUNIO A RE,SgENt1AL ~
Tl~E HA8
.
30 OAYS AFTBt TIE GATE OP iN1'Ir1f OF .R10~iMENT Ni 11MIIICH TO Ftl.E A NOTICE OF APPEAL MRf1i TILE PR01lIONOfARY OF
CO{N!'Td OF THE COURT OF COON PL61M CML DIVIlIIOl1.
TIN,' PARTY FILNIA AN APPM111. MIIAT MfA.UDE A COP1f OF TNIS NOTICE OF .I000IENTRWi11NOWPT FO11111MTM THE OF
APPEAL. Ef6tEPT Ai OTII®gNNE PIS tll THE RULES Oi CML PIlOf~itlfE FaOR MA81iTIlIMAL ON'11MCT JUOOES. THE
.NIW'iIENT FIOLDEI! E1.EfCTS TO ENTER TIE .IIJDOMB~IT IN TI! COURT OF COMIAON PLEAt. ALL FUR7IM!R PROC~ MU><'f CMIE
FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROC88f MAY !IE MIIWliD BY THE MAi01tlTrEtl11L p~1MC t XppE
,
lA~ THE .IUDAMEIT M< q~l TIME COURT OF COMMOII PLEAt, AMY~OIE Nfi>llREST~ IN THE .NNf MAY
A
Rfe41~T FOR INITItY OF a17IfFACTION 1MTiI TIE MARIrS'IEEAI. DISTRICT JtAt~E IF THE JUDGMENT 0®TOR PAYS M FULL
.
OR OTHERiMSE OOIIPLMS lAMf H TIIE ,NlDOIENT.
AAOJS 315A Paps 1 er 3 P-inlsd OW23tI011
Rannath Rztiea.q~r t Diaao Kr~igsr D~fvnda~sts
118' N Poafrwt $t.
Carlial~r PA 17013
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH KREIGER 8c DIANE KREIGER,
118 '/s West Pomfret St
Carlisle, PA 17413 Defendants
vs.
SHAWN LILLEY,
305 East Gruen St
Shiremanstown, PA 17011 Plaintiff
N0. 11-7497 CIVIL TERM
ANSWER
~~ s
ro
'"d V
~~ ~
n ~
--+ c~
-< cn
The Defiendants Kenneth Kreiger & Diane Kreiger in answering the aNeg~tions of
the Complaint on file herein, affirms, denies and alleges as follows:
Answering the allegations of Paragraph 1-6 of the Complaint herein, Def+~ndants
affirms those fads.
Answering the allegations of Paragraph 7-9 of the Cor~la~t herein. De~rxiarrts
were advised by the Plaintiff that he was no longer collecting rent on 118!West
P~nfret St ~ the advise of his attorney on December 5, 2011. (Defendants
Exhibit "A")
Answering Count 1 - INJEJECTMENT, Defendants never received or were never
served a thirty (30) day written notice of intent to terminate the Lease on July 31,
2012 by Pla~tiff, P~intiffs counsel or tenant's past council. The first that
Defendants knew of intent to terminate the Lease was on July 9, 2012.
(Defendarris Exhibit "B" & "C').
_,~
Q
~-~
Answering Count 2 -FOR MONEY DAMAGES, Defendarrts were advised by the
Plaintiff that he was no longer collecting rent on 118 West Pomfret St on the
advise of his attorney on December 5, 2011. (Defendants Exhibit "A'~
The Defendants now brings forth the following Affirmative Defense:
DEFENSE -False Claim
Defendants answering the Complaint herein, alleges that all allegations and
counts brought forth therein are false and/or unsubstantable and relief shiouki be
granted.
WHEREFORE, Defendant prays that the Plaintiff take nothing and the
Defendants have judgment against the Plaintiff and recover the costs of suit
herein, and such other relief the court may deem proper.
Dut«i this 27th dmy of A,squ.t, 2012
1G~tMt2- 1Cr~iy+~r i Diss~ 1Csrig~r
118 '~t Est Pastr~t 8t
Curlisl~, 8A 17013
~~ ~ ~~~
EXHIBIT A
Page 11, of 3
Ken
From: "Shawn Lllley" <spNiley(~hotmail.com>
To: "Ken Kreiger" <kkreiger~embargmail.com>
Cc: "Mary Sill" <msill~lawyen3realtypa.com>; "chad Julius" <cjuliusQljaoobsonlaw.com>;
<dmiNer~irwinmcknaght.com>
Sent: Monday, December 05, 2(1t t 8: t0 AM
Subject: RE: Rental Agreement
Ken and Diane,
Per my last conversation with my attorney I am no longer collecting rent ~ the Pomfret property. Any
rent issues or questions should be directed to my attorney or ~ tt-e rmortigage company.
Thanks.
Shawn Lilley
717-379-4560
From: .corn
To: spiWey~iiotrr~a~.aom
CC: mslN~lawyersre~ltypa.oom; jjonesCaapamdi3trustee.mm; cjulius~illjaoobsonlaw.com;
dmiller~irw~mcknight.com
Subject: Re: Rental ~t Violation
Date: Tue, 22 Nov 20I 122:33:09 -0500
Have you made arrangements to have heating oil delivcred, as per Carlisle code, yob ffiuat
keep heat in aey occepiied property, part of the heat in my apartment ~ provided bye the
front nnit(aa is electric)
--Original Message -
From: Shawn Lillev
To: Ken Kreic}er ; dmiiler~irwinmcknight.com
Cc: Chad Julius ;Shawn Lillev
Sent: Tuesday, November 22, 2011 9:23 PM
Subject: RE: Rental Agreement Yrofation
Ken and Diane,
At the time of our ~rt hearing the District Judge absoMed the moray you owed me for 2 s
overdue rent plus penalties (or that I owed you for work done) anti that you vac~e the premises. You
filed a counter daim in c~nty oa~rt and you have rat vacated t#ie property, which is your right. At the
time it was not wortlwrhile for me to pursue the ~ furthev and I was hoping the Ixoperty w~W be
sold by now.
However, as of thts t~r~e, no expenses have been approved and you have deducted ur~appr~oved
expenses and carryover of $783.76 ($419.00 for Oc6ob~ rent and $364.76 for November yenta.
Tlter+efore you are in violation of overdue rent for October and November.
Shawn Ulley
717-379-4560
EXHIBIT B
Page lI of 1
Ken Ke+~i~r
From: Shahan Ley [y•~l
Sent: Monday, July 09, 2012 12:51 PM
To: Ken Kroiger, Ken Kreiger
Cc: Mary Sill; Shawn LiNey
8ubjeCt: Vacate Promises -11$ W. Pomfret St Carlis~ PA
Kerr and Diane,
Reminder - per the IetGer you reoeiaed firm my y ~ ~~Y. Y~ lease is ban>ir~a6ed and ~ need be
out of the properly as of Feie~y, 7tNy 13, 2012.
You can ~ the keys on the kib~hen aainber.
Thank you.
Shawn Ley
717-379-4560
8/25/2012
EXffiBIT C
T .F-,.- _.._.... ~ _._.--___ _._..
From: Douglalm !idler (Dl~lerr~rwinmcknightcom]
Sent: Tuesday, August 21, 2042 5:02 PM
To: Ken Kroiger
Submit: RE: 118 MYest Pomfret
Ken,
Your email sounds tike a fair proposal. Let me know what kind of response you receive. It sounds like here was
new documentation filed in the courthouse, but I was not sent anything. If they filed a Complaint, you technic Ily do
not need to file any response until you receive something entitled "Important Notice" that gives you 10 days f om the
date it is mailed. Technically a copy of that notice should be sent to both of us since I am the attorney that file the
original appeal. If you are able to work out a settlement agreement, you want to make sure that it addresses t em
holding upon pursuing the litigation for the present, and satisfying the action once you move.
I think the problem was an incomplete address for what I was sending you before. So in reality it soun s like
you did not receive any notice of an intent to terminate the lease, either from the landlord directly or from wh this
attorney sent me. That should be another reason for them to work out a deal with you.
Doug
Douglas G. Miller, Esquire
Irwin & McKnight, P.C. Law Offices
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
(717) 249-6354 (Fax)
www.irwinmcknight.com <blocked::httg://www.irwinmcknight.com/>
COURT OF COMMON PLEAS OF
CUMBWELAND COUNTY, PENNSYLVANIA
Kenneth Kreiger & Diane Kreiger
1181/s West Pomfi+et Stmet
Carlisle, PA 17013
Vs
SHAWN LILLEY
305 East Green Street
Shiremanstown, PA 17011
NO. 11-7497 CML TERM
NOTICE OF INTEND 'ir0 DE~E~I,~
I, Kenneth Kremer, hereby give Notice of Intent to defend the above titled case, and
Demand strict proof of the alleged claim.
REQUEST FOR JUDICIAL NOTICE
Defendants who are unschooled in the law and ask that the court take
Judicial Notice of the enunciation of principles as stated in "Haines v. Kerner,
404 U.S .519," wherein the court has directed that those who are
Unschooled in law making pleadings and/or complaints shall have the court
Look to the substance of the pleadings rather than the fonts, and elan hereby
Makes the attached memorandum, including the related documents attached
Herewith, in the above-referenced case.Furthermore, Defendant's hereby
requests the judge notify them of any sue sponte, rights or remedies they
May overlook.
Kenneth Kreiger
Shawn Lilley NO. 11-7497 CIVIL TERM
V
Kenneth Kreiger ,Diane Kreiger
PArticipsnt List
Fbeintiff
1?efendants
Shawn Lilley
305 E Green St
Shiremanstown, PA 17011
Kenneth Kreiger
118 '/z W Pomfret St
Carlisle, PA 17013
Diane Kreiger
118 %z W Fomfret St
Carlisle, PA 17013
Plsintiffs Attorney
Johnson, Duffle, Stewart & Weidner
Mark C Dut~le
ID No 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mcd@jdsw.com
SHAWN LILLEY,
PLAINTIFF
V.
KENNETH KREIGER AND
DIANE KREIGER,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-7497 CIVIL
ORDER OF COURT
AND NOW, this 5th day of September, 2012, upon consideration of Defendants,
Kenneth Kreiger and Diane Kreiger's Motion to Dismiss Plaintiff's Complaint;
IT IS HEREBY ORDERED AND DIRECTED that the Motion to Dismiss is
DENIED.
By the Court,
*-? M. L. Ebert, Jr., J.
/Mark C. Duffie, Esquire
Attorney for Plaintiff
Kenneth Kreiger
? Diane Kreiger
Defendants
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KENNETH KREIGER & DIANE KREIGER,
l t 8 '/~ West Pomfret St
Carlisle. PA 17013
Defendants
vs.
SHAWN LILLEY.,
305 East Green St
Shiremanstown, PA 17011
Plaintiff,
N0. 11-74G7 Cif,'' ~a 'BERM
MOT 7: CrN
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Defendant's hereby moves the Court to dismiss Plaintiff's original complaint with
prejudice and enter judgment in favor of Defendant's counterclaim. The bases for this
Motion are set forth in the accompanying Memorandum.
Dated this 24th day of October, 2012
Kenneth Kreiger & Diana Kreiger
118 ~ West Pomfret St
Car~.isle, P/A ~:fi013
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Kenneth Kreiger
118 '~ W Pomfret St.
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNE'T'H KREIGER & DIANE KREIGER,
1 18 'h West Pomfret St
Carlisle_ T'A 1.7013 Defendants
Vti,
SHAWN LILLEY.,
305 East Green St
Shiremanstown, PA 17011 Plaintiff
ARGUMENT
NO. 11-7497 CIVIL TERM
ML~MORANDUM IN SUPPORT
OF MOTION
Plaintiff has not produced proof to support his action in this matter and is using the action
as a harassing tactic towards the defendant's. The plaintiff has not denied the facts of the
defendant's counterclaim.
We, the defendant's asks the court: to enter judgment in our favor against the Plaintiff,
Shawn Lilley on both counts of Plaintiff's complaint and in Defendant's favor in our
counterclaim against Shawn Lilley.
Dated this 24th day of Qetober 2012,
Kenneth Kreiger 6 Diane Kreiger
118 ~ Wwst Pomfret $t
Carlisle, PA 170],x3 j ar .'
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SHAWN LILLEY, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA
V.
KENNETH KREIGER AND
DIANE KREIGER,
DEFENDANTS NO. 11-7497 CIVIL
ORDER OF COURT
AND NOW, this 14th day of November, 2012, upon consideration of Defendants'
Pro Se Motion to Dismiss, the Court finding no legal basis upon which to grant relief;
IT IS HEREBY ORDERED AND DIRECTED that the Defendants' Motion to
Dismiss is DENIED.
By the Court,
M. L. Ebert, Jr., J.
/Mark C. Duffie, Esquire 4 : ,
Attorney for Plaintiff ~,
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