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HomeMy WebLinkAbout11-8474'COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT I 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 Magisterial District Judge on the date and in the case referenced below. U. uisi. NU. NAME OFMDJ Capital Asset Property Management, LLC 09-3-01 Brenda M. Knepper ADDRESS OF APPELLANT CITY STATE ZIP CODE 2000 Powell Drive Chambersburg PA 17201 DATE OF JUDGMENT IN THE CASE OF (PlaintiM (Defendant)' October 13, 2011 Capital Asset Property Management, LLC VS Zackary Groft CV-0000226-2011 This block will be signed ONLY when this notation is required under Pa- R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. R. C-P. D. J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To Name of appellee(s) , appellee(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 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: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. Name of appellee(s) AOPC 312-05 Rut Q?? COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-01 MDJ Name: Honorable Brenda M. Knepper Address: 35 West Orange Street Shippensburg, PA 17257 Telephone: 717-532-7676 Capital Asset Property Management V. Zackary Groft Capital Asset Property Management Docket No: MJ-09301-CV-0000226-2011 2000 Powell Drive Case Filed: 9/20/2011 Chambersburg, PA 17201 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09301 -CV-0000226-201 1 Capital Asset Property Zackary Groft Judgment for Defendant 10/13/2011 Management ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. f ?yvc t l?? s Date Magisterial District Judge Brenda M. Knepper °:1 certify a is is a rue an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge Brenda M. Knepper MDJS 315 Page 1 of 2 Printed: 10/13/2011 3:47:11 PM Capital Asset Property Management V. Zackary Groft Participant List Plaintiff(s) Capital Asset Property Management 2000 Powell Drive Chambersburg, PA 17201 Defendant(s) Zackary Groft 16 Commerce St New Oxford, PA 17350 Docket No.: MJ-09301-CV-0000226-2011 MDJS 315 Page 2 of 2 Printed: 10/13/2011 3:47:11 PM I' IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ASSET PROPERTY MANAGEMENT, LLC' - r'- - Plaintiff NO: 2011-8474 77 CIVIL ACTION - LAW`, =. ZACKARY GROFT Defendant 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 FRANKLIN ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No.2011-8474, upon the Magisterial District Judge designated therein on (date of service) November 15, 2011, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Zackary Groft, on November 15, 2011 ?by personal service ® by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 15th DAY OF November, 2011 efore w om affidav" . w &s made "Ilci, 1 NL&, Title of official My commission expires on December 19, 2011 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Emily C. Myers, Notary Pubic Ctrambersbtrg Born, FrarW CO A* My C Oe,19, 2011 Member, Pennsylvania Association of Notaries Sign r , of ffiant Nancy eers, Esqu Salzmann Hughes, P.C. 79 St. Paul Drive Chambersburg, PA 17201 .. For deliver inform t i i it ' y a on v s our a WWV? U S?)S,Cofll t ut Postage $ f?'{ Certified Fee , l e 0 Return Receipt Fee Postmark O (Endorsement Required) - r Here t3 Restricted Delivery Fee 1=1 (Endorsement Required) rl Total Postage & Fees O Sent To -_ r C3 C3 Sfreet" No I - ' or PO Box No ' ? f ------------------- G lty, State ZfP+41 _ , __ m M nj r-I 0 rU Ir 0 rLi C3 Return Receipt Fee O (Endorsement Required) O Restricted Delivery Fee r3 (Endorsement Required) (1- M Total Postage & Fees r-I Sent To r = -•---:...?----•-------°°--- - 7 --- i M Street Apt No.; r, N or PO Box No. City, State, ZIP+4 ?Jl M M O O Q v a? r- yN y c"/, d 4- on N N 1 ? r -- r w ? r ? CJ CG ? z Q CL C7 co co G3 o C) tn v M r` -a O 03 v c.J ? 03 N r+ 0 V *,a Q Q.i 4 w ? 7 Y C ? Z J 1SS Qa Q a c? m CO Z V IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ASSET PROPERTY MANAGEMENT, LLC Plaintiff V. ZACKARY GROFT Defendant o NO: 2011-8474 ?? 33. n- cnr- ? CIVIL ACTION - LAVA*? . xo ?, C o -C co TO: Zackary Groft 16 Commerce Street New Oxford, PA 17350 DATE OF NOTICE: I vZC? 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 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. Pennsylvania Lawyer Referral Service 100 South Street Harrisburg, PA 17108-1086 (800) 692-7375 By: Attorney I.D. No. 77064 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Attorney for Plaintiff CERTIFICATE OF SERVICE q-ek I hereby certify that on the ol"9 day of December 2011, 1 served a true and correct copy of the foregoing document via United States mail, first class, postage prepaid, addressed as follows: Zackary Groft 16 Commerce Street New Oxford, PA 17350 Respectfully submitted, I SALZMANN HUGHES, P.C. IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ASSET PROPERTY MANAGEMENT, LLC PLAINTIFF VS. ZACKARY GROFT, DEFENDANT NO. 2011-8474 CIVIL ACTION LAW NOTICE TO DEFEND AND CLAIM RIGHTS 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 document is 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 document or for other claims or relief requested by the Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. AMERICANS WITH DISABILITIES ACT OF 1990 Pennsylvania Lawyer Referral Service - Pennsylvania Bar Association c ? °y r 100 South Street .T,3 -? P.O. Box 186 =rrn >0 M- Harrisburg, PA 17108 ?? ? -Oril Telephone No. (800)692-7375 N CD , r z -iq D C = -q-i M 4 Cta IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ASSET PROPERTY MANAGEMENT, LLC NO. 2011-8474 PLAINTIFF VS. CIVIL ACTION LAW ZACKARY GROFT, DEFENDANT DEFENDANT'S ANSWER AND NEW MATTER AND NOW, this I I day of January, 2012, comes defendant, Zackary Groft, by his counsel, Jeffery M. Cook, and files this Defendant's Answer and New Matter as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Defendant denies that he ever entered into a written contract with plaintiff and demands strict proof thereof at trial. 5. Denied that there was an agreement for the reasons stated in the answer to paragraph four above. Defendant demands strict proof of the validity of a lease agreement at trial. 6. Denied that there was an agreement for the reasons stated in the answer to paragraph four above. Defendant demands strict proof of the validity of a lease agreement at trial. 7. Defendant denies that there was an agreement or that he had any obligations thereunder and demands strict proof thereof at trial. Defendant did not withdraw from Shippensburg University, but rather was not permitted to return. 8. Defendant admits that he paid a three hundred ($300.00) dollar security deposit but otherwise denies that any payment was made pursuant to a purported "lease". 9. Defendant denies that there was a lease agreement or that he had any obligations pursuant thereto and demands strict proof thereof at trial. Defendant admits that he made no further payments after his initial security deposit. 10. Defendant denies that there was a lease agreement or that he had any obligation thereunder to plaintiff for the reasons stated hereinabove. 11. Defendant denies that there was any binding lease agreement or that he had any obligation pursuant thereto and demands strict proof thereof at trial. 12. Defendant admits that he never took possession of the leased property. Defendant denies that he had any obligation under any alleged lease agreement and demands strict proof thereof at trial. 13. No responsive pleading is required, inasmuch as the averments contained in this paragraph are not relevant to the current proceedings. 14. No responsive pleading is required, inasmuch as the averments contained in this paragraph are not relevant to the current proceedings. 15. No responsive pleading is required, inasmuch as the averments contained in this paragraph are not relevant to the current proceedings. 16. No responsive pleading is required, inasmuch as the averments contained in this paragraph are not relevant to the current proceedings. Nevertheless, defendant admits that judgment was entered in his favor by Magisterial District Judge Brenda M. Knepper on October 13, 2011. 17. Defendant denies that plaintiff suffered any damages as a result of an alleged failure to abide by the lease agreement, inasmuch as defendant denies that said alleged agreement was invalid. 18. Defendant denies that he owes plaintiff any money for all the reasons recited hereinabove. 19. Defendant denies that there are any sums due and owing to plaintiff but admits that he has not made any payments to plaintiff since his initial security deposit in the amount of three hundred ($300.00) dollars. WHEREFORE, Defendant requests this Honorable Court to enter a judgment in his favor and against plaintiff. NEW MATTER 20. Paragraphs 1 -19 of plaintiff's complaint and defendant's answers thereto are incorporated herein by reference. 21. The defendant's purported "electronic signature" on the lease agreement is invalid. 22. Since the alleged agreement was not signed by defendant, he has no obligation under the terms of this document. 23. If found to be valid property signed by defendant, the lease agreement in this case was a contract of adhesion and thus void based on public policy. 24. By law, plaintiff has a duty to mitigate any potential damages by seeking new tenants for its premises. 25. Plaintiff has had ample time to locate other tenants and has failed to do so. 26. Inasmuch as plaintiff has failed to take action to mitigate any alleged damages, there is no liability owed by defendant to plaintiff. WHEREFORE, defendant requests This Honorable Court will enter a judgment in his favor and against plaintiff. Respectfully submitted, By: m cwk e ry o0 Attorney or Defendant 234 Baltimore Street Getty sburg, PA 17325 (71/) 334-8516 CERTIFICATE OF SERVICE AND NOW, this I I day of January, 2012, I, Jeffery M. Cook, hereby certify that a copy of the foregoing Answer and New Matter was served by first class mail: Nancy H. Meyers, Esquire Attorney I.D. No. 77064 79 St. Paul Drive Chambersburg, PA 17201 hm 'U'6'.4 J feky . Cook Atto ey for Defendant 234 Baltimore Street Gettysburg, PA 17325 717-334-8516 VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: }- I l IZ n, vt ? r Zac ary Groft IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ASSET PROPERTY MANAGEMENT, LLC Plaintiff V. ZACKARY GROFT Defendant c .? NO: 2011-8474 rn? z t-- -? N? va r*s acI 3 s CIVIL ACTION - LAW cr+ -4 M E5 PLAINTIFF'S REPLY TO NEW MATTER AND COUNTERCLAIM AND NOW, comes the Plaintiff, Capital Asset Property Management, LLC, by and through their counsel, Nancy H. Meyers, Esquire of SALZMANN HUGHES, P.C., and files this Reply To New Matter: REPLY TO NEW MATTER 20. Plaintiff hereby incorporates Paragraphs 1-19 of the Complaint. 21. Denied. 22. Denied. On the contrary, defendant's electronic signature is valid and binding. By way of further answer, defendant has previously acknowledged that he is a party to a contract as evidenced by the e-mail attached to Plaintiff's Complaint as Exhibit B. 23. Denied. 24. Denied. Plaintiff had no legal or contractual duty to mitigate damages caused by Defendant's breach. Despite that, however, Plaintiff did include the Defendant's apartment on a list of vacant units which is made available to students who need last-minute housing. 25. Denied. Plaintiff had no legal or contractual duty to mitigate damages caused by Defendant's breach. By way of further answer, Defendant breached the lease a mere 6 six weeks before the school year was to begin - a time when the pool of potential tenants is extremely small since most students have already committed to other housing for the school year by then. 26. Denied. Plaintiff had no legal or contractual duty to mitigate damages caused by Defendant's breach. Despite that, Plaintiff did take steps to secure a new tenant. However, Defendant cannot be relieved of his contractual obligations simply because the timing of his breach made it highly unlikely that a new tenant would be found. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant in the amount of Four Thousand Four Hundred Twenty-Eight Dollars ($4,428.00) together with costs in connection with this action. HES, P.C. By; "Meyers, Esquire I.D. No. 77064 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Dated: February 2012 Attorney for Plaintiff VERIFICATION I have read the statements made in this Complaint and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. a 11D Date: / By: Z Capital Asset Property Management, LLC John T. Hoover, III CERTIFICATE OF SERVICE I hereby certify that on the day of February, 2012, 1 served a true and correct copy of the foregoing document via United States mail, first class, postage prepaid, on the Defendant's attorney of record, addressed as follows: Jeffery M. Cook, Esq. 234 Baltimore Street Gettysburg, PA 17325 Respectfully submitted, E SALZMANN HUGHES, P.C. y fiHE PROT110 0 T A R 2012FEB-8 AMI1:47 IN THE COURT OF CORL =CQ$NW NINTH JUDICIAL DISTRICT CUMBERL"S M, PENNSYLVANIA ?r-Sy?y CAPITAL ASSET PROPERTY MANAGEMENT, LLC NO. -22 -$ PLAINTIFF VS. ZACKARY GROFT, DEFENDANT ACCEPTANCE OF SERVICE The undersigned, Nancy H. Meyers, Esquire, counsel for the above-named hereby accepts service of Defendant's Answer and New Matter filed on January 12, 2012, on behalf of the above-named plaintiffs and receipt of a true copy of the same is hereby acknowledged. Date: r" / < tom'