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HomeMy WebLinkAbout02-0495J.E.M. PROPERTIES, Plaimiff V. MATT HOCKENSMITH AND BRAN-Dm MENTZER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : . : NO. 2002-0495 CIVIL TERM : CIVIL ACTION - LAW : ORDER OF COURT AND NOW, this 17Tu day of JULY, 2002, Plaintiff's Motion to Dismiss is DENIED. Edward E. Guido, J. Stephen J. Hogg, Esquire For the Plaintiff Douglas G. Miller, Esquire For the Defendants :sld CC.%~.;'.~N~ ~ i~4LTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUOICIAL DISTRICT HOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS N& 02--49~ CIVIL TERM NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment renclemd by the District Justice an clare and in the case mefltioned belo~ Matt Hockensmith and Brandie Mentzer 52 Garden Park Way 12/27/01 J.E.M. Properties crrY SI'AT~ ZF CC)Of Carlisle PA 17013 Matt Hockensmith and Brandie Mentzer LT I Dougl~ G. Miller, Esquire This bJock will be ~,~rmd ONLY when this notation is required under Pc~ R.CJ)JJ). Nc-- ff appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate m a lO01(6)JnactionbeforeDistrictJustice, heMUST SUPERSEDEA$ to the judgment for possessian in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Sk3na~re of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (Th/s section of forth to be used ONLY when appellant was DEFENDANT (see Pa. R. CoP. 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 Pmthonotory Ente~mleupan J.E.M. Properties, P.O. Box 158 , Carlisle, PA .c%%oe~ee(s).tofileaccx~intin~s~ ~ o~a~pe#ee(s) 17013 (Common Pleas Ncx 02-495 CIVIL TERM ) within twenty (20) days~ servic~ of rule orlsiuffm efltj'y ofj _u~gmeflt of non pros. ,appellee(s). gl G. Miller, Esquire RULE: To J.E.M. Properties (I) You are notified that a rule is hereby efltemd upon you to file a complaint in tflis 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 °f service °f this rule if service was by mail is tha date °f maiilr/~ D~e: Jan. 28, 2002 AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ ......... --~i SS AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas' Nol ......... upon the District Justice designated therein on (date of service) : .. ..... [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, ('name) on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I-~rved the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on .......... [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Title el o~;cial ~, uornmls~lo ~ ex~l es o~ ................... ~ . .:. - .: ._~ - , %)OMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUNBERL~,A~D Mag. Dist. NO,: 09-3-02 DJ Name: Hon. HELEN B. SHULENBERGER Address: P.O. BOX 155 27 W. BIG SPRING AVENUE ~WVILLE, PA Te,epho,e~ (717) 776-3187 17241 ATTORNEY DEF PRIVATE : ATTY. DOUGLAS MILLER 60 W. POMFRET ST. CAELISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS ~J. E. M. PROPERTIES P. O. BOX 158 JOHN E. MUMMA I~]!]i{t:. ~. II/Y/Iq-Illl VS. r ~EFENDANT: NAME and ~D~ 28 2001 ~HOC~MITH, ~TT, ET 52 ~ P~K WAY Docket No.: CV-0000170-01 Date Filed: 11/29/01 THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: (Name) ~-~ Judgment was entered against: (Name) FOR PLATNTIFF in the amount of $ I: ~;4q_~4 on: Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to · Attachment/Act 5 of 1996 $_ Levy is stayed for days or r--] generally stayed. Objection to levy has been filed and hearing will be held: (Date of Judgment) (Date & Time) 1~.!~-?/01 Amount of Judgment $ 1,553.79 Judgment Costs $ 95.85 Interest on Judgment $ o O0 Attorney Fees $ . O0 Total $ 1,649.64 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total Date: Time: II Place: 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 THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. I~'~,~q"~J Date /'~-~ ¢,~.,.~¢-.,~__¢.~./..~ ,District Justice Jl certify that this is a true and correct copy of the record of the proceedings containing the judgment. I Date , District Justice Jl My commission expires first Monday of January, AOPC 315-99 2006 SEAL 'OOMMONWEALTH OF PENNSYLVANIA COUNTY OF: COM~EIE, J~]9 Mag. Dist. Ne.: 09 -3 -02 DJ Name: Hon. HELEN B. SHULENBERGER Add ..... P.O. BOX 155 27 W. BIG SPRING AVENUE I~WVILLE, PA Telephone: (717) 776- 3187 17241 ATTOP/~af DEF PRIVATE ATTY. DOUGLAS MILLER 60 W. POMFRET ST. CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rj. E. M. PROPERTIES P. O. BOX 158 JOHN E. MUMMA ~ARLISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS ~OC~NSMITH, MATT, ET AL. 52 GARDEN PARKWAY CARLISLE, PA 17013 Docket No.: CV- 0000170 - 01 I ~'~1~ ~ Date Filed: 11/29/01 _J THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: (Name) ~'] Judgment was entered against: (Name) in the amount of $ 1: ~;4q _ 64 on: [~ Defendants are jointly and severally liable. J--~ Damages will be assessed on: ~--] This case dismissed without prejudice. J--~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $_ Levy is stayed for days or ~ generally stayed. [~ Objection to levy has been filed and hearing will be held: (Date of Judgment) 1 ;~/~-'7/01 (Date & Time) Amount of Judgment $ 1,553. ?--~ Judgment Costs $ 95.85 Interest on Judgment $ .00 Attorney Fees $ o 00 Total $ 1,649.64 Post Judgment Credits $ 'Post Judgment Costs $ Certified Judgment Total Date: Time: 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 THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. t ~ -':~ 7'"~ ( Date ~ , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. I Date ' District JusticeIi I My commission expires first Monday of January, AOPC 315-99 2006 SEAL COMMONWEALTH OF PENNSYLVANIA G,OUNTY OF: CUMBI~RLAND Mag. OisL NO.: 09-3-02 DJ Name: Hon. HELEN B. SHULENBERGER 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 T.~ph~..: (717) 776 -3187 CIVIL COMPLAINT PLAINTIFF: VS. DEFENDANT: NAM~ a~ ADDRESS Date Filed: DATE PAID F,L,NaCOSTe $' / / SERVING COSTS $ / / TOTAL $~ // ~q/~).~'~ TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ ~ ~'"cJ~- ~ together with costs upon the following ctaim (Civil fines must include citation of the statute or ordinance violated): I, ..~-~/,,.J' ._¢"f ~ /-.{'.--'..¢.-"."'/.-'~ verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities. / ." (Signature of Plaintif or u ' g ~ Plaintiff's /'~ Address: '~'-"--' Attorney: Telephone: 7/,'~ ?,.~ %/'~/~) IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE A~OV TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU D£ JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. f you have a c aim against the plaintiff wh ch is within district ustice jurisdiction and which you intend to assert at the hearing, you must file it on a comp ant form at th s office at least five (5) days before the date set for the hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow. If you are disabled and require assistance, please contact the Magisterial District office at the address above. AOPC 308A-98 · COMMONWEALTH OF PENNSYLVANIA COUNTY OF: COM~RI~._N-D 09-3-02 HELEN B. SHULENBERGER Address: P.O.. BOX 155 27 W. BIG SPRING AVI~I~u~ NEWVILLE, PA T.,.pho~.: (717) 776-3187 17241 HELEN B. SHULENBERGER P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 COMMON PLEAS NOTIFICATION REQUEST FORM PLAINTIFF: NAME and ADDRESS rj. E. M. PROPERTIES P. O. BOX 158 JOHN E. MUMMA ~AKLIST.E, PA 17013 VS. DEFENDANT: NAME and ADDRESS F-HOCKENSMITH, MATT, ET AL. 52 GARDEN PARK WAY CAELISLE, PA 17013 L DocketNo.: CV-0000170-01 ~ Date Filed: 11/29/01 p, , . Disposit on Date: 12/27/01 lease De advised that an appeal has been f ed in the above captioned case. Kindly use this form to indicate the results in this case, and return to the issuing authority (listed above). RESULT OF APPEAL Common Pleas Judge. CIVIL-LANDLORD/TENANT APPEAL APPEAL STRICKEN - appeal has been disallowed. APPEAL DISCONTINUED - appeal has been discontinued by appellant. DISTRICT JUSTICE DECISION UPHELD - court has reached the same decision as the district justice judgment. DISTRICT JUSTICE DECISION DISMISSED - court has reached a decision that does not concur with the district justice decision. WRIT OF CERTIORARI WRIT STRICKEN - appeal has been disallowed. WRIT DISCONTINUED - writ has been discontinued by appellant. DISTRICT JUSTICE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of jurisdiction, or improper venue. WRIT DISMISSED - district justice decision was not found to be flawed, lacking jurisdiction, or having improper venue. STATEMENT OF OBJECTION (Please give a general summary of the results) OBJECTION DISCONTINUED - objection has been discontinued by the appellant. OBJECTION DENIED - objection has been denied by the Court of Common Pleas. OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas. AOPC729B-98 FOEN PRINTED: 2/01/02 9:49=20 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-02 HELEN B. SHULEI~ERGER ~d,~ss: P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA Telephone: (717) 776-3187 17241 HELEN B. SHULENBERGER P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 COMMON PLEAS NOTIFICATION REQUEST FORM PLAINTIFF: NAME and ADDRESS Fj. E. M. PROPERTIES P. O. BOX 158 JOHN E. MUMMA ~ARLISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS FHOCKENSMITH, MATT, ET AL. 52 GARDEN PARK WAY CARLISLE, PA 17013 Docket No.: ~w¢- 0000170- 01] Date Filed: 11/29/01 . , Disposition Date: 12/27/01 Please De aovised that an appea has been filed in the above captioned case. Kindly use this form to indicate the results in this case, and return to the issuing authority (listed above). RESULT OF APPEAL Common Pleas Judge. CIVIL-LANDLORD/TENANT APPEAL APPEAL STRICKEN - appeal has been disallowed. APPEAL DISCONTINUED - appeal has been discontinued by appellant. DISTRICT JUSTICE DECISION UPHELD - court has reached the same decision as the district justice judgment. DISTRICT JUSTICE DECISION DISMISSED - court has reached a decision that does not concur with the district justice decision. WRIT OF CERTIORARI WRIT STRICKEN - appeal has been disallowed. WRIT DISCONTINUED - writ has been discontinued by appellant. DISTRICT JUSTICE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of jurisdiction, or improper venue. WRIT DISMISSED - district justice decision was not found to be flawed, lacking jurisdiction, or having improper venue. STATEMENT OF OBJECTION (Please give a general summary of the results) OBJECTION DISCONTINUED - objection has been discontinued by the appellant. OBJECTION DENIED - objection has been denied by the Court of Common Pleas. OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas. AOPC729B-98 ~'O~ PRINTED.' 2/01/02 9:50.'01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Mag. DisL NO.; 09-3-02 DJ Name; Hen, HELEN B. SHULENBERGEK ~d,ess: P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA Telephone: (717) 776-3187 17241 HELEN B. SHULENBERGER P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 NOTICE OF JUDGMENT/TRANSCRIPT" CIVIL CASE PLAINTIFF: NAME arid ADDRESS i-j. E. Il. PROPERTIES P. O. BOX 158 JOHN E. MUMMA ~..ARLISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS I-HOCKENSMITH, MATT, ET AL. 52 C-AKDHN PARK WAY CARLIS~'.E, PA 17013 Docket No.: CV- 0000170 - 01 Date Filed: 11/29/01 THIS IS TO NOTIFY YOU THAT: Judgment: ~[ Judgment was entered for: (Name) r~ Judgment was entered against: (Name)' in the amount of $ FOR ~T.AINTIFF I: ~4q _ ~4 on: (Date of Judgment) [] Defendants are jointly and severally liable. ] Damages will be assessed on: [~ This case dismissed without prejudice. E~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ [] Levy is stayed for days or ~ generally stayed. [] Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total $ 1.553.79 $ 95.85 $ .0C $ .0~ $ 1,649.6~ $ $ Date: Place: Time: 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 THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, AOPC 315-99 2006 SEAL · > 'COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CT..TM~ERL2LND Mag Dist. NO.: 09-3-02 DJ Name: Hon, Add,e~s: P.O. BOX 155 27 W. BI'G SpI~TNG AVEI~GE NEWVILLE, PA T.~.phon.: (717) 776- 3187 17241 HELEN B. SHULENBEKGEK P.O. BOX 155 2~ W. BIG SPRING AVENUE NEWVILLE, PA 17241 NOTICE OF JUDGMENT/TRANSCRIP'I CIVIL CASE PLAINTIFF: NAME and ADDRESS Fj. E. M. PI{OPEl{TIES P. O. BOX 158 JOHN E. MOMMA ~ARLISLE, PA 17013 VS. DEFENDANT: NAME ami ADDRESS FHOCKEN~MITH, MATT, ET AL. 52 GARDEN PARK WAY CARLISLE, PA 17013 Docket No.: CV- 0000170- 01 Date F ed: 11/29/01 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT,&TNTIFF Judgment was entered for: (Name) ,'r_ Judgment was entered against: (Name)" in the amount of $ I: ~;4q _ ~4 on: (Date of Judgment) 12/~'7/01 E~] Defendahts are jointly and severally liable. ] Damages will be assessed on: E~ This case dismissed without prejudice. E~] Amount of dudgment Subject to Attachment/Act 5 of 1996 $ [] Levy is stayed for days or ~--~ generally stayed. [] Objection to levy has been filed end hearing will be held: (Date & Time) Amount of Judgment $ 1. 553.7q Judgment.Costs $ 95.85 Interest on Judgment $ o 0(] Attorney Fees $ ,0~ Total $ 1,6a.9.64 Post Judgment Credits Post Judgment Costs Certified Judgment Total Date: Place: Time: 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 THE COURT OF COMMON PLEAS~ CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date, , , D str ct Justice My commission expires first Monday of January, AOPC 315-99 2006 SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ............... ; ss AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No, 02-.495._ ~ Te.---~. , upon the District Justice designated therein on (date of service)_~Febru._.a_r_y__l ~ ._200_¢ [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (~ame) _J. E.M. _~TPl~_~r_t:~es, ...... on J_ a_n~a_ry 3].,, 2002 [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on _J..~_~% 3]. , .200~ [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 4_._~ DA'Y OF _ ~e~UAr_E, .. ~P¢_~ - ~ - ~'" Si¢~¢tu e of a~iant Restricted De~lvsn/Fee (Endorsement Required) Total Postage & Fees r r rmm~7.~R HON .K~.~ B I' Complete items 1, 2, and 3. NCo complete item 4 if Reetricted DM~ is desimd~ · Print your name and addre~ on the reverse an that we can return the card to you. · Attach this card to the back of the mailpiece, or On ~he fTont ff space permits. P 0 ~0~ 15.5 27 g BTO ~'niG ]lKi~rl.t.~ t~,& 17241 eddTe~ different fn~n item 17 1'1 Yes if YES, ente¢ delivery address below: ~No ~ Certified Mail i-I Express Mail · Restricted Delive(y? (Ex~a F~ 3;~00 OOll 4~7 28O0 · Complete Items 1, 2, and 3. Also complete Ilem 4 if Restricted Detivery is desired. · Print your name and address on the reverse ~o that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. J K M PitOP~RTTES ATTB' JO~J K lfl]HMA P 0 BOX 158 CARLISLE PA 17013 LAW OFFICES OF STEPI--II~N j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 J.E.M. PROPERTIES, Plaintiff MATT HOCKENSMITH and BRANDIE MENTZER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 024)495 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO DISMISS Plaintiff J.E.M. Properties by John E. Mumma, files this Motion To Dismiss alleging the following: 1. The above parties were parties to a District Justice action in which Judgment was entered December 27, 2001. 2. A Notice of Appeal was filed January 28, 2002 in the Cumberland County Court of Common Pleas. 3. The Notice of Appeal was filed more than thirty days after the entry of Judgment in violation of Pa. R.C.P.D.J. No. 1002. Wherefore, Plaintiff respectfully requests that the appeal of the Defendants be dismissed and the original Judgment of the District Justice be reinstated. Respectfully Submitted, LAW OFFICES OF STEPI-I~N J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 CERTIFICATE OF SERVICF I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby certify that I did on this day serve one true and correct copy of the attached Plaintiff's Motion To Dismiss by United States Mail, postage pre-paid, addressed to the following: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Date: ~-//--~//02 Stephen~ Attorney for Plaintiff J.E.M. PROPERTIES, Plaintiff MATT HOCKENSMITH AND BRAN-DIE MENTZER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-0495 CIVIL TERM ORDER OF COURT AND NOW, this 19TM day of FEBRUARY, 2002, a Rule is issued upon Defendants to Show Cause why the Plaintiff's Motion to Dismiss should not be granted. Rule returnable twenty (20) days after service. v/~tephen J. Hogg, Esquire 19 South Hanover Street Carlisle, Pa. 17013 Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, Pa. 17013 Edward E. Guido, J. 02-17-02 :sld &E.M. PROPERTIES, Plaintiff, MATT HOCKENSMITH and BRANDIE MENTZER, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2002 - 0495 CML TERM : CIVIL ACTION - LAW NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: March 7, 2002 IRWIN, McKNIGHT & HUGHES Dou las( : Mil]er,'Esqulre Supreme'Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 1701 $ (717) 249-2353 J.E.M. PROPERTIES, Plaintiff, MATT HOCKENSMITH and BRANDIE MENTZER, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2002 - 0495 CIVIL TERM : CML ACTION - LAW DEFENDANTS' ANSWER TO PLAINTIFF'S MOTION TO DISMISS AND NOW, this 7TM day of March, 2002, come the Defendants, MATT HOCKENSMITH and BRANDIE MENTZER, by and through their attorneys, Irwin, Mci(night & Hughes, and in opposition to Plaintiff's Motion to Dismiss, file this Answer with New Matter, averring as follows: 1. The averments of fact contained in paragraph one (1) of Plaintiff's Motion to Dismiss are admitted. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The averments contained in paragraph three (3) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendants, Matt Hockensmith and Brandie Mentzer, respectfully request this Honorable Court to deny Plaintiff's Motion to Dismiss and to direct Plaintiff to file its Complaint in this matter. NEW MATTER 4. The averments of fact contained in the Answers to the Plaintiff's Motion to Dismiss are hereby incorporated by reference and are made part of this New Matter. 5. Pennsylvania Rule of Civil Procedure No. 106(a) states as follows: "When any period of time is referred to in any rule, such period in all cases.., shall be so computed as to exclude the fn'st and include the last day of such period." 6. Pennsylvania Rule of Civil Procedure No. 106Co) states as follows: "Whenever the last day of any such period shall fall on Saturday or Sunday, or on any day made a legal holiday by the laws of this Commonwealth or of the United States, such day shall be omitted from the computation." 7. Similarly, 1 Pa.C.S.A. §1908 states as follows: "When any period of time is referred to in any statute, such period in all cases.., shall be so computed as to exclude the first and include the last day of such period. Whenever the last day of any such period shall fall on Saturday or Sunday, or any day made a legal holiday by the laws of this Commonwealth or of the United States, such day shall be omitted from the computation." 2 8. The above referenced rules are standard Rules of Construction that govern the computation of time. 9. The thirtieth day following the entry of judgment in this matter was Saturday, January 26, 2002. 10. Applying the above referenced standard Rules of Construction for computation of time, the last day to file the appeal was then the following Monday, January 28, 2002. 11. The Notice of Appeal was therefore properly filed by Defendants in accordance with the Rules of Construction. 12. Furthermore, the Cumberland County Prothonotary customarily calculates the number of days following the entry of Judgment in a District Justice action before accepting a Notice of Appeal for filing. 13. In the instant action, the Cumberland County Prothonotary calculated the number of days and accepted the filing of the Notice of Appeal on Monday, January 28, 2002. 14. Plaintiff's Motion to Dismiss is without any factual or legal support or foundation. 15. Plaintiff's Motion to Dismiss is therefore dilatory, obdurate and vexatious, and brought in bad faith only to harass and intimidate Defendants. 16. Defendants therefore request that this Court enter an award for reasonable attorney fees against Plaintiffpursuant to 42 Pa.C.S.A. § 2503. WHEREFORE, Defendants, Matt Hockensmith and Brandie Mentzer, respectfully request this Honorable Court to deny Plaintiff's Motion to Dismiss and to direct Plaintiff to file its Complaint in this matter, and furthermore to award Defendants reasonable attorney fees in this matter. Dated: March 7, 2002 By: Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Douglas C~Miller, Esquire Supreme COurt ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 4 VERIFICATION The foregoing Answer with New Matter on behalf of the Defendants, Matt Hockensmith and Brandie Mentzer, is based upon information which has been gathered by counsel for the Defendants in the preparation of this document. The statements made in this document are true and correct to the best of the counsers knowledge, information and belief, and were made aider consultation with Defendants. The Defendants' verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Defendants according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. D~'~glas'~. Miller, Esquire Date: March 7, 2002 J.E.M. PROPERTIES, Plaintiff, MATT HOCKENSMITH and BRANDIE MENTZER, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2002 - 0495 CIVIL TERM : CIVIL ACTION - LAW ; CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a tree and correct copy of the foregoing document upon the persons indicated below by f~t class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Stephen J. Hogg, Esquire 19 South Hanover Street, Suite 101 Carlisle, PA 17103 Attorney for Plaintiff Date: March 7, 2002 IRWIN, McKNIGHT & HUGHES Douglas ~. Mllle~, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendants ST~Pm~ J. 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 J.E.M. PROPERTIES, Plaintiff MATT HOCKENSMITH and BRANDIE MENTZER, Defendants : IN THE COURT : OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION-LAW : : NO. 02-0495 : CIVIL TERM : JURY TRIAL DEMANDED 6. 7. 8. 11. 12. 13. PLAINTIFF'S ANSWER TO NEW MATTER This averment contains conclusion of law to which no response is required. Admitted. Admitted. Admitted. This averment is a conclusion of law to which no response is required. Admitted. This averment is a conclusion of law to which no response is required. This averment is a conclusion of law to which no response is required. Plaintiff is without knowledge of the allegations in this averment and strict proof thereof is demanded at trial. Plaintiff is without knowledge of the allegations in this averment and strict proof thereof is demanded at trial. LAW OFFICE8 OF S'r~[-n~.N J. I-IOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 14. 15. 16. It is specifically denied that Plaintiff's Motion to Dismiss is without any factual or legal support or foundation in that the Defendant's Answer was, in fact, filed more than thirty days after the enter of Judgment. Denied. It is specifically denied that Defendant's are entitled to any attorney fees against Plaintiff pursuant to 42 PaoC.S.A. {}2503. Respectfully Submitted, Attomey for Plaintiff LAW OFFICES OF 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby certify that I did on this day serve one true and correct copy of the attached Plaintiff's Answer To New Matter by United States Mail, postage :~re-paid, addressed to the following: Date: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorney for Plaintiff LAW OFFICES OF STEPI~.N j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 J.E.M. PROPERTIES, JOHN E. MUMMA, Plaintiff MATT HOCKENSMITH and BRANDIE MENTZER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 02-0495 CIVIL TERM JURY TRIAL DEMANDED 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 J.E.M. PROPERTIES, JOHN E. MUMMA, Plaintiff MATT HOCKENSMITH and BRANDIE MENTZER, Defendants COMPLAINT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 02-0495 CIVIL TERM JURY TRIAL DEMANDED Plaintiff is J.E.M. Properties, John E. Mumma principal, which entity has a mailing address of P.O. Box 158, Carlisle, Cumberland County, Pennsylvania. Defendants are Matt Hockensmith and Brandie Mentzer whose last known address is 52 Garden Parkway, Carlisle, Cumberland County, Pennsylvania. On or about April 27, 1998 Plaintiff and Defendants entered into a residential lease for an apartment at 24 West Glebe Avenue, Newville, Cumberland County, Pennsylvania. The lease period was for one year renewable at the end of the year for additional years one year at a time with the same terms. The lease agreement is attached hereto as Exhibit 1. Defendants continued to rent the premises at 24 West Glebe Avenue, Newville, Cumberland County, Pennsylvania until Plaintiff received written notice, attached hereto as Exhibit 2, LAW OFFICES OF STEP~N J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 that the Defendants were giving thirty (30) day written notice of their intent to terminate the lease as of April 8, 2001. Plaintiff confirmed that the Defendant's were completely moved out on April 10, 2001 at which time Plaintiff performed a thorough inspection of the premises. Defendants were in default of the lease by damaging the premises in excess of normal wear and tear as follows: a. The front door was damaged beyond repair and had to be replaced; b. The back door was in need of repair; c. The refrigerator door was in need of repair; d. The tower rack in the bathroom was damaged and had to be replaced; e. The carpet had rust stains on it and had to be cleaned professionally; f. The kitchen floor was damaged and had to be replaced; g. The master bedroom door was damaged and had to be replaced; and h. The bedroom carpet had rust stains and had to be replaced. The cost of repair or replacement of the aforesaid damages were as follows: a. Front door replacement: $375.00 LAW OFFICES OF STEPI-I~N j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 f. g. h. i. j. k. Two months lost rent waiting for new door to be delivered and installed: $880.00 Back door repair: $375.00 Refrigerator door repair: $ 37.74 Towel rack replacement: $ 45.00 Kitchen floor replacement: $275.00 Master bedroom door replacement: $150.00 Bedroom carpet replacement: $350.00 Carpet cleaning: $ 63.55 Apartment cleaning: $ 95.00 Development of photographs of damage to the premises: $ 10.00 Wherefore, Plaintiff respectfully requests Judgment in his favor and against Defendants, jointly and severely, in the amount of $2,656.29 plus interest at 10% per year and costs and attorney fees. Date: Respectfully Submitted, Supreme Court ID# 36812 LAW OFFICES OF STEPtiEN j. ItOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 VERIFICATION I verify that the statements made in this Complaint to the Court of Common Pleas of Cumberland County, Pennsylvania, are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. Section 4904, relating to unsworn falsifications to authorities. J~I~.M, Properties, John E. Mumma EXHIBIT 1 RENTAL AGREEMENT 2'7 THIS AGREEMENT, entered into this ~ Day of ~qO;','} [.c].q,~ , bet~/g~en John E. Mumma hereinafter called ~'~'"WNER/AGENT ~nd hereinafter called TENANT. ,1. LOCATION: TENANT leases fro~ OWNER/AGENT a or an apartment or house No. 2-/~i Which is located at2r/,~J,· E~-,d~e/g/e, In the City of M~'~t,,,'//~o , County of(utah_er Inr~ State of ~9~ hereinafter called PREMISES. 2. LEASE TERM: The term is a 1 Year term b~inning on the [/~Day of pq~¥ q~ and ending on the ,7' id~' Day of~. Either party may terminate this agreement at the end of the term by giving'the other party at least THIRTY (30) Days written notice delivered by certified mail. If no notice is given this agreement will continue without re-execution upon the same terms as in force immediately before the end of the term. This agreement will not automatically continue at the end of the term if TENANT is in default of this agreement. 3. RENT: The monthly basic rent is $ q.(O . Payments are to be made IN ADVANCE WITHOUT DEMAND on the Last Business Day of Each Month. Rent payments are to made by cash, check or money order and made payable to: JEM Properties P.O. Box 158 Carlisle, PA 17013 4. LATE CHARGE: If payment is not received by the Last Day of the month, there is a late charge imposed of 5% on the 1st Late Fee: $ 10% on the 5th Late Fee: 5. OCCUPANTS: The said PREMISES shall be occupied by no more than Persons (adults and children). Should more persons than stated on this lease be occupying the residence, the monthly rental payment will increase by $ 50.00 per month for each person. Guests will not be permitted to s.tay for more than TWO (2) weeks. The OCCUPANTS authorizedtoresideonPREMISESare: ~aJ,'e men Jz e r. Cq 4. (Page 1 of 8) 6. KEYS, LOCKS AND SERVICE CHARGESi TENANT has received Keys. TENANT will be charged $25.00 each for all lost keys. In the event that all keys are not returned at the time of termination 'of agreement, Or should TENANT request locks to be re- keyed due to lost keys, re-keying of the locks and the cost of labor will be charged to TENANT. During normal office hours, there will be a $25.00 service charge to unlock doors or reset circuit breakers. This service charge will increase to $30.00 after office hours. 7. SECURITY DEPOSIT: TENANT fias paid a security deposit in the amount of~ This deposit is used for reimbursement of any past due rent, late charges, loss, damage, cleaning or any other expense as a result of TENANT's default. TENANT shall reimburse OWNER/AGENT the costs that exceed the amount of security deposit held. TENANT will receive security deposit due him/her along with an itemized list of charges within THIRTY (30) days after keys have been returned to OWNER/AGENT. TENANT WILL NEVER CONSIDER THIS SECURITY DEPOSIT AS PAYMENT OF THE LAST MONTH'S RENT. Should TENANT move prior to termination, of lease or move without giving thirty (30) days notice, he/she forfeits the security deposit. care of the following checked utilities and services: UTILITIES: Electric ~( Gas~ Heat~ SERVICES: Lawn Care ~ Snow Removal CLEANING OF: Sidewalks ¥ Hallways~ UTILITIES & SERVICES: TENANT shall be responsible for the payment, costs and ?( Water/Sewer Trash Stairways ~ Porches OWNER/AGENT reserves the right to temporarily suspend the PREMISES; utilities or other services for maintenance and repair purposes or to protect property from risk or harm. OWNER/AGENT shall not be liable for damage or injury to TENANT, their family, and guests as a result of suspension ora utility or other service. TENANT shall not use any utilities furnished by OWNER/AGENT in a wasteful manner. If OWNER/AGENT supplies electricity to PREMISES, use of heavy duty appliances and equipmen~ requires the written consent of OWNER/AGENT before installation. Appliance agreement required. 9. PETS: No pets shall be brought on the PREMISES without prior written consent of OWNE~Vy~AGENT. Should OWNER/AGENT give consent there will be a pet security deposit of $ ~t/¥ . Pet agreement requir, ed. 10. WASHING MACHINES: No washing machines are to be brought on-the PREMISES without prior written consent of OWNE.aR/~.~ GENT. Should OWNER/AGENT give consent t w° °' '~"%'"'~' · ' here fil be an addit~onal charge of/~ _ per month. Apphance agreement reqmred. (Page 2 of 8) 11. USE OF PREMISES: PREMISES will'be used as a private residence only and will not be used for any charitable or income producing purpose. TENANT shall comply with all Federal, State and Local laws, regulations and ordinances currently in force or enacted after the commencement of this agreement. 12. TRASH: Trash must be in SEALED PLASTIC TRASH BAGS and placed in COVERED containers at designated trash area. Trash cans are to be placed on curbside the evening prior (after 5pm) to trash pick-up. 'I~ENANT is responsible for the cost of removing any bulky items. TENANT is responsible for keeping recyclable items separate from other trash. 13. RETURNED CHECKS: TENANT will pay OWNER/AGENT a $25.00 fee for any check returned by any bank for any reason. 14. ASSIGNMENT & SUBLETTING:. TENANT will not assign this agreement or sublet the PREMISES to anyone. Any attempt by TENANT to assign this agreement of sublet the PREMISES shall be null and void and TENANT shall be in default of this agreement. 15. REPAIRS & ALTERATIONS: TENANT shall be responsible for damages caused by his/her negligence and that of his/her family or guests. TENANT is responsible for all glass, screen and storm door repairs. TENANT shall not change paint color, or otherwise redecorate or make alterations to the PREMISES without the prior written consent of OWNER/AGENT. All alterations, additions or improvements made to the PREMISES shall remain upon and be surrendered with the PREMISES. Should TENANT move prior to termination of lease he/she will be charged for the re-painting of the unit (should re-painting be required). 16. CARE & MAINTENANCE: TENANT shall pay for any fire, plumbing, appliance or any other damages to PREMISES caused due to negligence TENANT, their family and guests. TENANT will surrender possession of PREMISES to OWlqER/AGENT at end of term in as good order, cleanliness and repair as at the start of this agreement~ except for reasonable wear and tear. TENANT shall notify OWNER/AGENT of the need for any repair required. TENANT shall comply with all rules and regulations. TENANT has signed a PROPERTY INSPECTION SHEET immediately prior to signing of rental agreement as to the conditions of the unit. ~ 17. INSURANCE: OWNER/AGENT's insurance policy does not cover TENANT's property. If TENANT does anything to cause OWNER/AGENT's insurance' policy to increase, TENANT will pay all increased insurance costs. 18. RELIEF FROM DAMAGES: OV~NER/AGENT is not liable for loss, injury or damage to any person or property unless the loss, injury or damage is caused by the OWNER/AGENT's intentional act' or neglect. OWNER/AGENT will not be liable whatsoever for any injury or damage caused by water that may leak into the PREMISES. 19. EXTERMINATOR: TENANT agrees to permit exterminator to enter PREMISES monthly to render service. Should TENANT deny entry, TENANT will be charged for that portion of service and OWNER/AGENT will not be held responsible for any ant, roach, insect or rodent problems that occur due to entry denial. 20. RIGHT OF ENTRY: OVvqqER/AGENT and other authorized agents will have the right to enter PREMISES at reasonable times for inspection, maintenance and showing reasons or in case of an EMERGENCY. OWNER/AGENT will do one of the following before entering PREMISES: a. Give oral notice to TENANT a day in advance b. Post written, notice on the entrance door a day in advance c. No notice required in an EMERGENCY 21. EMERGENCIES & REPAIRS: All repairs should be reported between the normal office hours of 8am - 5pm Monday - Friday,. EMERGENCIES should be reported immediately. The phone number for reporting any problems and emergencies is: (717) 243-9610 22. DEFAULT: following apply: a. b. C. The TENANT will have defaulted on this agreement if any of the TENANT fails to pay rent or other charges to the OWNER/AGENT. TENANT damages the PREMISES. TENANT becomes a nuisance to OWNER/AGENT, other tenants or other property owners. TENANT fails to comply with all conditions 6fthis agreement, rules & regulations. TENANT fails to move themselves and their belongings from the PREMISES at the end of the term. TENANT gives false information on the rental application. TENANT abandons the PREMISES. (Page 4 of 8) 23. OWNER/AGENT REMEDIES: If TENANT defaults OWNER/AGENT may do any or all of the following without giving any NOTICE OF TERMINATION of NOTICE TO QUIT to TENANT before taking action. a. Terminate this agreement without prior notice. b. Sue TENANT in court to recover the entire balance of the rent and charges owed for the remaining lease term. c. Sue to recover possession of PREMISES without prior notice. d. Sue to recover unpaid rent, late [:harges and damages without prior notice. e. Sue to recover all consequential expenses, damages, losses and reasonable attorney fees resulting from TENANT's violation of any terms. 24. ATTORNEY'S FEES: If OWNER/AGENT shall enforce the provisions of this rental agreement in any court against the Tenant, OWNER/AGENT shall be entitled as part of any court judgement to be reimbursed for all costs and expenses of enforcement including reasonable attorney's fees. 25. DESTRUCTION OF PREMISES: TENANT will give OWNER/AGENT oral notice of any accident, fire or other major damage that happens at the premises within 24 Hours of the occun'ence. TENANT shall also report any condition that may cause an accident, fire or major damage immediately. If PREMISES is partially destroyed by fire or other casualty, TENANT shall have the right and option of the following: (1) To continue to occupy the habitable portion of the premises while repairs are being made. (2) To terminate the Lease absolutely and receive a refund of rent paid through the date of transfer of possession to OWNER/AGENT. 26. DELIVERY OF POSSESSION: If OWNER/AGENT cannot deliver possession of PREMISES to TENANT at the beginning of the term then the lease term will commence but the requirement to pay rent will cease until the PREMISES i's ready for occupancy. OWNER/AGENT shall not be liable to TENANT for damages due to inability to give possession to TENANT. 27. ILLEGAL/UNENFORCEABLE LEASE CONDITIONS: Should any court determine any condition within thins agreement to be illegal or unenforceable, only those conditions deemed illegal or unenforceable shall become null and void. All other conditions within this agreement shall remain in force and TENANT agrees to comply with them. (Page 5 of 8) 28. PROCEDURES FOR VACATING: (1) Tenant must provide 30 days written notice beginning on the 1st day of the month. (2) Tenant agrees to'provide unlimited access at the Landlord's request for prospective Tenants. (3) All Tenants belongings must be removed from the premises. (4) The premises must !~e thoroughly cleaned including having the carpets professionally cleaned. (5) Upon vacating the Tenant must'meet with the Landlord to inspect the premises and return the keys. 29. ADDITIONAL TERMS, CONDITIONS, RIDERS & AMENDMENTS: The terms ,,~l:xd-&o. nditions in the riders and amendments indicated below are,~a, rt of this rental agreement: 7YES )ND, Check-in & Check-out Procedures )~S / ~ Pet Agreement In Force (-¥~S~O~ Appliance Agreement ~/NO Emergency Information 'E~___f~NO Parking Available (# of spaces .) YES/NO 30. ENTIRE AGREEMENT: This is the total agreement between OWNER/AGENT and TENANT. No other agreements are valid unless in writing and approved by all parties. This agreement takes precedent over all other agreements previously executed. (Page 6 of 8) All rights and liabilities herein given to or imposed upon either parties hereto, shall extend to the heirs, executors, administrators', successors and assigns of such party. Upon signing this agreement I/We the TENANT(s) do hereby understand and accept all rules stated herein. This agreement is approved and entered into this ~ 'P' Day of ,6~.~'~'~55 /9' ~'~J~-- The undersigned TENANT(s)jointly and severally liable understands, agrees to and accepts all TENANT TENANT OWNER/AGENT conditions imposed. DATE DATE DATE THIRD PARTY GUARANTEE The undersigned individual(s)join in the execution of this lease agreement and are jointly and severally liable for the performance of all terms and conditions of this lease agreement. This guarantee shall not grant the undersigned any rights to occupy the PREMISES without written consent of OWNER/AGENT. INDIVIDUAL DATE ADDRESS INDIVIDUAL DATE ADDRESS (Page 7 of 8) IMPORTAN;r ~o;rICE THIS PAGE EXPLAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND DUTIES AS A TENANT. DO NOT SIGN THIS RESIDENTIAL LEASE UNLESS YOU HAVE READ AND CLEARLY UNDERSTAND THE INFORMATION ON THIS PAGE. As TENANT, you violate the terms & conditions of this Residential Lease if you: (1) Fail to make timely payment of ?ent or other charges to OWNER/AGENT. (2) Vacate the leased PREMISES without OWNER/AGENT"s consent prior to the end of the lease term. (3) Fail to vacate the leased PREMISES at the end of the lease term. (4) Fail to perform any of the obligations included in the lease, rules and regulations, the riders or amendments. (5) Violate any rules or regulations which are made a part of the residential lease. PARAGRAPH 23 - includes a waiver of"NOTICE TO QUIT". When "NOTICE TO QUIT" is waived, if you violate the residential lease, the LANDLORD has the immediate right to file a complaint in court seeking an order evicting you from the leased PREMISES. The LANDLORD does not have the right to bring an action in court seeking your eviction unless you have violated your obligations as a TENANT. Even though you are waiving "NOTICE TO QUIT", you will still have an opportunity in court to contest the validity of the LANDLORD's claim for eviction. If you violate the terms and conditions of the residential lease, the LANDLORD has the right to seek the following remedies against you in court: ( 1 ) A Judgement for overdue rent, late charges, repairs and monetary damages caused by your violation of the lease and conditions. (2) An order for Recovery of Possession through an eviction action. (3) A Judgement for unpaid rent for the balance of'the lease term or until another person takes possession of the leased PREMISES as a.new TENANT. IF THERE IS MORE THAN ONE TENANT SIGNING THIS RESIDENTIAL LEASE, THE TENANTS ARE JOINTLY AND SEVERALLY LIABLE FOR THE PERFORMANCE OF ALL TENANT OBLIGATIONS. THIS MEANS THAT THE LANDLORD HAS THE PdGlqT TO SUE ANY ONE TENANT oR ALL OF THE TENANTS FOR VIOLATIONS OF THE LEASE INCLUDING SUING ANY ONE TENANT FOR THE FULL AMOUNT OF THE RENT. ACKNOWLEDGMENT: I, THE UNDERSIGNED TENANTf$) HAVe. READ UNDERSTAND THE ^BOW. DISCLOSURE. Tenant Tenant -ffSA(/-.~ (tL'~ i/~/ /~;/ ~7~ (Page 8 of S) EXHIBIT 2 ./ :MAR T'"2001 March 6, 2001 RE: Termination of Lease Dear John Mumma; Please except this notification as my 30 Day written notice of termination of our lease. Our last day at our current address will be 04-08-01. Brandie Mentzer Matthew Hockensmith LAW OFFICES OF rEPI~N j. HOGG 9 S. HANOVER STREET SUITE 101 CARLISLE. PA 17013 J.E.M. PROPERTIES, JOHN E. MUMMA, Plaintiff MATT HOCKENSMITH and BRANDIE MENTZER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 02-0495 CIVIL TERM JURY TRIAL DEMANDED 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 writiRg 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 LAW OFFICES OF TEPI~N J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 J.E.M. PROPERTIES, JOHN E. MUMMA, Plaintiff MATT HOCKENSMITH and BRANDIE MENTZER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 02-0495 CIVIL TERM JURY TRIAL DEMANDED COMPLAINT Plaintiff is J.E.M. Properties, John E, Mumma principal, which entity has a mailing address of P.O. Box 158, Carlisle, Cumberland County, Pennsylvania. Defendants are Matt Hockensmith and Brandie Mentzer whose last known address is 52 Garden Parkway, Carlisle, Cumberland County, Pennsylvania. 'On or about April 27, 1998 Plaintiff and Defendants entered into a residential lease for an apartment at 24 West Glebe Avenue, Newville, Cumberland County, PennsYlvania. The lease period was for one year renewab!e at the end of the year for additional years one year at a time with the same terms. The lease agreement is attached hereto as Exhibit 1. Defendants continued to rent the premises.at 24 West Glebe Avenue, Newville, Cumberland County, Pennsylvania until Plaintiff received written notice, attached hereto as Exhibit 2, LAW OFFICE8 OF 19 S. HANOVER STREET SUITE 101 CARLISLE. PA 17013 that the Defendants were giving thirty (30) day written notice of their intent to terminate the lease as of April 8, 2001. Plaintiff confirmed that the Defendant's were completely moved out on April 10, 2001 at which time Plaintiff performed a thorough inspection of the premises. Defendants were in default of the lease by damaging the premises in excess of normal wear and tear as follows: a. The front door was damaged beyond repair and had to be replaced; b. The back door was in need of repair; c. The refrigerator door was in need of repair; d. The tower rack in the bathroom was damaged and had to be replaced; e. The carpet had rust stains on it and had to be cleaned professionally; f. The kitchen floor was damaged and had to be replaced; g. The master bedroom door was damaged and had to be replaced; and h. The bedroom carpet had rust stains and had to be replaced. The cost of repair or replacement of the aforesaid damages were as follows: a. Front door replacement: $375.00 LAW OFFICES OF ~._m~ j. I:IOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Two months lost rent waiting for new door to be delivered and installed: $880.00 c. Back door repair: $375.00 d. Refrigerator door repair: $ 37.74 e. Towel rack replacement: $ 45.00 f. Kitchen floor replacement: $275.00 g. Master bedroom door replacement: $150.00 h. Bedroom carpet replacement: $350.00 i. Carpet cleaning: $ 63.55 j. Apartment cleaning: $ 95.00 k. Development of photographs of damage to the premises: $ 10.00 Wherefore, Plaintiff respectfully requests Judgment in his favor and against Defendants, jointly and severely, 'in the amount of $2,656.29 plus interest at 10% per year and costs and attorney fees. Date: Respectfully Submitted, LAW OFFICE8 OF 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 I verify that the statements made in this Complaint to the Court of Common Pleas of Cumberland County, Pennsylvania, are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. Section 4904, relating to unsworn falsifications to authorities. Date: John E. Mumma EXHIBIT 1 '~'~"~'~-",- ...... ~:~?'~'.,~ ',': .... RENTAL AGREEMENT THIS AG~EMENT, entered into this ~ Day or pn'} , bet~n John E. Mumma hereinaaer called O~g~AGENT and ,1 LOCATION: TENANT leases fro~ O~AGENT a or an apa~ment or house No, 2~ Which is located at2f~d,. &d*~a:~~a;, In the City of ~eu,~,' [/~ . County ~.?°~'~t..~)m~te ]an'~ ' S~te of P g hereina~er called P~MISES, '~' 2~. ~"' LEAS~ TERM: The term is a ~ term.b~glnnlng on the / ~Day of D~ q$ and ending on the ~r ~Day of~. Either pa~y may ~:}.~ terminate this agreemen~ at the end of the term by givinffthe other pa~y at least THIRTy (30) '.pays written notice delivered by ce~ified mail. If no notice is given this agreement will ~;;~.;~eo~tinue,,~.~...%:...,.~.~ ~ without, re-execution upon tl~e sa,pc terms a~ in tome immediately before the end of 3?rm. This agreemeat will ao~ automatmally ~ont,nue at the end of the term if TENANT is .~*~'~h 1~ :~ ~'~h~ s agreement 3. RENT: The monthly basic rent is $ q,(O . Payments are to be made '[~ &DY4NCE WITHOUT DEMAND on the L,st Bll8i0ess DOy 0f EaCll Monfl~. Rent ;:? PaYments are to ~ade by cash~ check or ~oney order and made payable to: ~,~;;~:~:'~.':"*~.¢'~,,~:;';"-' .'. c~r!isle, PA 17013 .4. LATE C~ARGE: If payment is not received by the Last Da~ of the month, there is a ,':lgte"-gharge imposed of 5% 0O the lsi Late Fee: $ ~ ~.2:.:..9~?~.,?:~-. :.. I0. ~ ~n tile 5th Late Fee: $ 5. OCCUPANTS: The said P~MISES shall be occupied by no more than Persons (adults and children). Should more persons than stated on this lease be occupying the residence, the monthly rental payment will increase by $ 50,00 per month for each person. Guests will not by permitted to sIay for more than,TWO (22 weeks, The OCCUPANTS n~h°rizedt°res~deo~P~MISESare:, gmn~,e m~, ~z e r; (Pag~ I of S) .6. KEYS, LOCKS AND SERVICE CIIARGigs~ TENANT has received Keys. TENANT will be charged $25.00 each for all lost keys. In the event that all keys are not returned at the time of termir/ation 'of agreement,'Or should TENANT request locks to be re- keyed due to lost keys, re-keying of the locks and the cost of labor will be charged to ~iii. TI~ANT. During rlorla!al office hours, there will be a $25.00 service charge to unlock doors ~f~S~t CircUit breakers' This service charge will increase to $30.00 after office hours, ~,::~;~:~ :.. .... ~ . .... 7. ' SECURITY DEPOSIT: TENANT lies paid a security deposit in the amount of~ This deposit is used for reimbursement of any past due rent, late charges, loss, damage, F~ ~/J cleaning or any other expeose as a result of TENANT's dehult. TENANT shall reimburse '::O~AGENT the costs that exceed the amount of security deposit held. TENANT will receive security deposit due him/her along with an itemized list of charges within TItIRTY (30) days a~er keys have bee~ returned to O~AGENT, TENANT WILL NEVER .. CONSIDER THIS SECU~TY DEPOSIT AS PAYMENT OF TI-~ LAST MONTH'S RENT. ~ Should TENANT move prior ,~ [ermine?on: of lease or move without giving thirty (30) days · ~"~[ ~e' he/She [orfo~ts [he seCqrlty de oslt. 8. UTILITIES & SERVICES, TENANT.~hall be responsible for the payment, costs and care of the following checked utilities and services: ·¢UT L!TIES: Electric ~ Gas lteat ~ .~:~, , l , ,. , Water/gewer~ Trash ~,~"S~RyICES: Lawn Care Snow Removal ~¢~ING OF:::~$,dewalks Y Hallways Stairways Porches O~AGENT reserves the right to temporarily suspend the PREMISES; utilities or other services for:maintenance and repair purposes or to protect prope~y from risk or harm. O~AGENT shall not be liable for damage or injury to TENANT, their hmily, and guests as a result of suspension ora utility or other service. TENANT shall not use any utilities ~rnished by O~AGENT in a wastefid manner, IrOn,AGENT supplies electricity to p~MISES, use ofhe~yy duty appliances and equipmen} requires the written consent of ~ '~AGENT bef6re installation. Appliance agreement required. 9. PETS: No pets shall be brought on the PREMISES without prior written consent of O~/AGENT. Should O~E~AGENT give consent pet security deposit ;~'~ ors ~/~. pet agreement reqtured, there will be a 10. WASHING MACgINES: No washing machines are to be brought on.the PREMISES without prior written consent of O~~GENT, Should O~AGENT give consent there will be an additions] charge offer month.. Appliance agreement required. 11. USE OF PREMISES: PREMISES will'be 'use'd as a private residence only and will not be used for any charitable or income producing purpose. TENANT shall comply with all Federal, State and Local laws, regtilations and ordinances currently in force or enacted after the ~2c~ell,ce~e!!.$ Of th!~ agreement, 12.' T~SB: Trash must be in SEALED PLASTIC T~SH BAGS and placed in COVE~D containers at designated trasll area, Trash cans are to be placed on curbside the eye~ing pri°r (aRer 5pm) to trash pick-up, gENANT is responsible for the cost of removing i[ mS?/gN6NT is responsible for keeping reeyelable items separate from other 13. ~ , g~TU~D CgECKS: TENANT will pay O~AGENT a$25,00 fee for any }f?~e'~k retUrned by(~nY bank for any reason, !4. ASSIGNMENT & SUBLETTING; .' TENANT will not assign this agreement or sublet .~'~ the P~M!SES to anyone. Any attempt by TENANT to assign this agreement of sublet the :~ISES, shall be ...... null and void and TENANT shall be in dehult of this agreement, 15. REPAIRS & ALTE~TIONS: TENANT shall be'~'esp~sible for damages caused by his&er Ceg!igefice and that of his/her hmily or guests. TENANT is responsible for all glass,' :~. screen and storm door repairs. TENANT shall not change paint color, or otherwise redecorate 'or ~ake alterations to the PREMISES without the prior written consent of OW~AGENT. All alterations, additions or improvements made to the PREMISES shall remain upon and be su~endered with the P~M!SES. Should TENANT move prior to termination of lease he/she ;,.~.~W~ [.,1 be. c.h ar.g.e4 lot the re-painting of the unit (should re-painting be required), !6. CARE & MAINTENANCE; TENANT shall pay for any fire, plumbing, appliance or any other damages to P~MISES caused due to negligence TENANT, their hmily and guests. TENANT will su~ender.p?session of PREMISES to O~E~AGENT at end of term in as good order, cleanliness and repair as at the sta~ of this agreement~ except for reasonable wear and tear. TENANT shall notify O~E~AGENT of the need for any repair required. TENANT shall comply with all rules and regulations, TENANT has signed a PROPERTY ~$,:[~SpECTION S~ET immediately prior to signing of rental agreement as to the conditions of 17. ' INSU~NCE: O~R/AGENT's insurance policy does not covet'TENANT's propertY. !fTENANT does anything to cause O~AGENT's insuranee policy to increase, pay ~ll j~ereased insurance costs, .18. RELIEF FROM DAMAGES: OWNER/,4i3EiqT is not liable for loss, injury or damage to any person or property unless the loss, injury or damage is caused by the O ,~hq?~..'R/AGENT's intentio!aal act' or neglect. OWNER/AGENT will not be liable whatsoever .~ [9~.~y ~njatY or damage caused by water that may leak into the PREMISES. 19. EXTERMINATOR: TENANT agrees to permit exterminator to enter PREMIEES monthly to render service. Should TENANT deny entry, TENANT will be charged [or that . p0nion of service and O~E~AGENT wifi not be held responsible for any ant, roach, insect kbr ~e~ pr°~le~s thg; occur d~e to entry denial. · 20. RIGHT OF ENTRY: O~E~AGENT and other authorized agents will have ~he right to enter PREMISES at reasonable times ror inspection, maintenance and showing reasons : o~ iO case 0~a0 EMERGENCY. O~AGENT will do one of the following before ~h[¢r[ng, P~MISES; ~. Give oral notice, to TENANT a day in advance ' ~ ~g,~ ~.~..: .d , ,.-; ' . ' e" ot ce on t e entrance door a da in advance ~ ~?.q':..,.,: '~'~'~.:~ '~ · ' ..'c. No not,ce reqmred m an EMERGENCY 21. EMERGENCIES & REPAIRS: Al[repairs should be repoaed between the normal office i!ours of. 8am - Ip~ .Monday - Friday. EMERGENCIEfl should be reported ':: :i~e~igtely. The phone number ROT reporting any problems and emergencies is: :~?(717) 243-9610 }[:):5'~': ..'~ DEF U : The TENANT will have dehulted on this agreement iCany oCthe · ;'¢'. fOliO'wing apply: a. TENANT fails to pay rent or other charges to the OWNE~AGENT, b. TENANT damages the PREMISES, c. TENANT becomes a nuisance to O~E~AGENT, other tenants or other prope~y owners, d. TENANT ~.~.[s to comply with all conditions 6fthis agreement, rules & regulatiofis, '. e. TENANT fails to move themselves and their belongings from the PREMISES at the end of the term. TENANT gives false information on the rental application, TENSHT abandons the PREMISES, g. 23.. OWNE.R/AGENT REMEDIES: IfTENAI'~T defaults OWNER/AGENT may do any Or Vi! of the following without giving any NOTICE OF TERMINATION of NOTICE TO QUIT to TENANT before taking action. · a. Terminate this agreement without prior notice. "'' b. Sue TENANT itl court to recover the entire balance of the rent and charges owed , · for the remaining lease term. '.' ~c. Sue to recover possession of PREMISES without prior notice. d. Sue to recover unpaid rent, late [harges and damages without prior notice. ,... :.,: e. Sue ,to recover all consequential expenses, damages, losses and reasonable :~'~:.'~:'""~,.,,.,~.,. .... ~tto~ey fees resulting from TENANT's violation of any terms. 24. ATTORNEY'S FEES: IfOWNER/AGENT shall enforce the provisions ofthis rental agree.ment in any court against the Tenant, OWNER/AGENT shall be entitled as part of any cg¢~judgement to be reimbursed fol' all costs and expenses of enforcement including :!'i:~n'.a. ble at~o~'ey's fees. 25. DESTRUCTION OF PREMISES: TENANT will give OWNER/AGENT oral notice o.fgny accident, fire or other major damage that happens at the premises within 24 Hours of .,t.h. 9 occurrence. TENANT shall also report any condition that may cause an accident, fire or '.m. ajor damage immediately. If PRoEMISES is partially destroyed by fire or other casualty, .TENANT shall have file right and option of the following: . .. (l) To co,ntinue to occupy tile habitable portion ofthe premises while repairs are " being made. To ~terminate the Lease absolutely and receive a refund of rent paid through the d.a,te of transfer of possession to OWNER/AGENT, 26. DELIVERY OF POSSESSION: IfOWNER/AGEN'F cannot deliver possession of p.R.EMISES to TENANT at the beginning of the term then the lease term will commence but the requirement to pay rent will cease until the PREMISES i:s ready for occupancy. OWNERJAGENT shall'laot be liable to TENANT for damages due.:to inability to give ~ OsS.~Ssion to T NAT. 27. ILLEGAL/UNENFORCEABLE LEASE CONDITIONS: Should any court determine any condition within tbi's agreement to be illegal or unenforceable, only those conditions deemed illegal or unenforceable shall become null and void. All other conditions this., agree~en, t shall remain, in force and TENANT agrees to comply' With them. -28.. Pr~ocEDoRgs FoR '(!) (~) (3) (4) Ten. ant must provide 30 days written notice beginning on the I st tiny of the month. Tenant agrees to'provide unlimited ac'eess at the Landlord's request for prospective Tenants. Al! Tenants belongings must be removed fi'om the premises. The premises must lie thoroughly cleaned including having the carpets professionally cleaned. i~i"';" (5) Upo,n vacating the Tenant must'racet with the Landlord to inspect tile premises ~i~,i:(,~,,.,.-. ,.~ ,' , and ret, tl~ the keys, 29. ADDITIONAL TERMS, CONDITIONS, RIDERS & AMENDMENTS: The terms ~onditions in the riders anti amendments indicated below are~a, rt of this rental agreement: ff S)N3. Check-in & Check-out Procedures~$,/~' Pet Agreement In Force ~~ 'Appliance Agreement '. ~g / NO Emergency Information ;~,~NO ParkiBg Available (# of spaces ) ~S/NO 30. ENTIR~ AGREEMENT: This is the total agreement between O~ER/AGENT and TENANT. No other agreements are valid unless in writing and approved by all parties. This ~O~t ta~es precedent over all other agreements previonsly executed, (Page 6 of 8) 'Afl rights and liabilities herein given to or imposed upon either parties hereto, shall extend to the heirs, execu, tors, admirlistrators', successors and assigns of such party. Upon signing this .~agre,elrrter!t !/We ~he TENANT(s) do hereby understand and accept all rules stated herein. '"" ' This agreement is approved and entered into this cfi ~' Day of . · _,u. rl~ersSgned TEN&NT(s) jointly and severally liable understands, agrees to and accepts all ~:con~Lt~o~]s lmpos~e~. .TE. NANT .... DATE ~// ~;~,( )B NE~6QEHT '~-v~ ~ ff~' ..... ;': ......... ,'-'~.., DATE ~.:? ,.' '"'( ' ; THIRD PARTY GUARANTEE The undersigned individual(s)join in the execution of this lease agreement anti are jointly anti severally liable for the performance o~all terms anti conditions of this lease agreement· This guaragtee shall not grant the undersigned any rights to occupy the PREMISES without written ~ ~9~se~t of O~4GENT, ~'-[NDI¥!DUAL DATE 6DDRESS . . (page ? ,,-~,, ,-., IMPORTA OTICE THIS pAGE EXPLAINS IMPORTANT INFORMATION ABOUT YOUR. RIGHTS AND DUT!ES AS A TENANT. DO NOT SIGN TltlS RESIDENTIAL LEASE UNLESS YOU ~i V~ ~, AD 6ND cLE^P, LY UNDERSTAND THE INFORMATION ONe: THIS· PAGE A.s TENANT, you violate tl!e terms & conditions of this Residential Lease if you: (1) Fail to make timely payment of lent or other charges to OWNER/AGENT. (2) Vacate the leased PREMISES without OWNER/AGENT"s Consent prior to the end of the lease term. (3) Fail to vacate the leased PREMISES at the end of the lease term. (4) Fail to perform any ofthe obligations included in the lease, rules and regulations, · the riders or amendments. ;: (5) Violate allY rules or regulations which are made a part of the residential lease. ; pA~AGIZApH 23 - includes a waiver of"NOTICE TO QUIT". When "NOTICE TO QI. JIIT" is waived, if you violate tile residential lease, the LANDLORD has the immediate right ito file a complaint in court seeking an order evicting you from the leased PREMISES. The - LANDLORD does not have the right to bring an action in court seeking your eviction unless ' you have violated your obligations as a TENANT, Even though you are waiving "NOTICE TO QUI~T", you will still have an opportunity in court to contest the validity of the !i.~&N. DLORD's claim for eviction. 'Il'you violate the terms and conditions of the residential lease, tile LANDLORD has the right to seek the following remedies against you in court: ( 1 )A Judgement for overdue rent, late charges, repairs anti monetary damages caused by your violation of the lease and conditions. (2) An order for Recovery of Possession through a.n eviction action. (3) A Judgen~enk..for unpaid rent for tile balance of'the lease term or until another : person takes possession of the leased PREMISES as a..new TENANT. IF THERE IS MORE THAN ONE TENANT SIGNING THIS RESIDENTIAL LEASE, THE TENANTS ARE JOINTLY AND SEVE~..ALLY LIABLE FOR THE PERFORMANCE OF ALL TENANT OBLIGATIONS. THIS MEANS THAT THE LANDLORD HAS THE RIGHT TO SUE ANY .ONE TENANT oR AL, L OF THE TENANTS FOIl. VIOLATIONS OF THE iii. b,E. 6SE INCLUDING SUING ANY ONE TENANT FOR THE FULL AMOUNT OF THE " EXHIBIT 2 Please except this notification as my 30 Day written notice of termination o four lease. ~, .~;¢.. ~, .,~ .Our las.~; .~aY 4! og,~ c~en~ addrc~ will ~' 04-08-01, . '~.', : ; ,...,.': . / Br~d~e Mentzcr Matthew ~0ekens~th t~W OFFICES OF ~9 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby certify that I did on this day serve, one true and correct copy of the attached Complaint by United States Mail, postage pre-paid, addressed lo the following: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Date: ~oPrh~;fJ~r~ai~Squire J.E.M. PROPERTIES, Plaintiff, V. MATT HOCKENSMITH and BRANDIE MENTZER, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 0495 CIVIL TERM : CIVIL ACTION - LAW NOTICE TO PLEAD You are hereby notified to file a written response to the Preliminary Objections, in particular that objection under Rule 1028(a)(5), within twenty (20) days from service hereof or a judgment may be entered against you. Date: October 23, 2002 IRWIN, McKNIGHT & HUGHES Douglas ~ Miller,~Es[luire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 J.E.M. PROPERTIES, Plaintiff, MATT HOCKENSMITH and BRANDIE MENTZER, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002 - 0495 CIVIL TERM : CIVIL ACTION - LAW PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT AND NOW this t~lnlday of October, 2002, come the Defendants, MATT HOCKENSMITH and BRANDIE MENTZER, by and through their attorneys, Irwin, McKnight & Hughes, and make the following Preliminary Objections to Plaintiff's Complaint, and in support thereof avers the following: Preliminary Objection Raising Lack of Capacity to Sue Pursuant to Pa. R. Civ. P. 1028(a)(5). I. Plaintiff, J.E.M. Properties, filed a Motion to Dismiss on or about February 14, 2002, seeking to dismiss the appeal from a District Justice action filed by Defendants in this matter. 2. Plaintiff's Motion to Dismiss was denied by Order of Court dated July 17, 2002. 3. On or about September 10, 2002, a Complaint was filed naming as Plaintiffs, J.E.M. Properties and John E. Mumma, and for the first time changing the caption in this matter to reflect both names. 4. Paragraph One (1) of Plaintiff's Complaint avers that "Plaintiff is J.E.M. Properties, John E. Mumma principal, which entity has a mailing address of P. O. Box 158, Carlisle, Cumberland County, Pennsylvania." 5. Said paragraph does not identify the specific nature of the entity "J.E.M. Properties." 6. Upon information and belief, "J.E.M. Properties" is a fictitious name that is not registered by John E. Mumma in accordance with the Fictitious Names Act. 7. Upon information and belief, "JEM Properties" is actually a registered name in Montgomery County, Pennsylvania by Morton S. Berger and is not the entity referenced as "J.E.M. Properties" in the instant action. 8. The Fictitious Names Act, 54 Pa.C.S.A. § 331(a) provides in pertinent part that "No entity which has failed to register a fictitious name as required by this chapter shall be permitted to maintain any action in any tribunal of this Commonwealth until such entity shall have complied with the provisions of this chapter." 9. Because of the prior registration of "JEM Properties" in Montgomery County, Defendants seek an order dismissing the action on the ground that the Plaintiff lacks legal capacity to maintain its action. WHEREFORE, Defendants Matt Hockensmith and Brandie Mentzer respectfully request this Honorable Court to dismiss Plaintiff's Complaint. II. Preliminary Objection in the Nature of a Demurrer Pursuant to Pa. R. Civ. P. 1028 10. In its prayer for relief, Plaintiff seeks interest at the rate of ten percent (10%) per year. 11. The lease attached to Plaintiff's Complaint makes no reference to Plaintiff being entitled to 10% annual interest upon any sums for damages to the leased premises. 12. Plaintiff does not cite, nor are Defendants aware of, any other document or provision of law entitling it to interest of 10% per year upon any award for damages. 13. Plaintiff's prayer for relief seeking "interest at 10% per year" is prejudicial and not supported by law or fact. WHEREFORE, Defendants Matt Hockensmith and Brandie Mentzer respectfully request this Honorable Court to dismiss Plaintiff's Complaint, or in the alternative to Order Plaintiff to amend its prayer for relief to conform to law. Dated: October 23, 2002 By: Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Dougla~0~.~Mil][er, Esquire ' '~ Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants _CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Stephen J. Hogg, Esquire 19 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Date: October 23, 2002 IRWIN, McKNIGHT & HUGHES West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendants LAW OFFICES OF STEPI~.N j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 J.E.M. PROPERTIES, JOHN E. MUMMA, Plaintiff MATT HOCKENSMITH and BRANDIE MENTZER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN IA CIVIL ACTION.LAW NO. 02-0495 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTION.~ I. LACK OF CAPACITY TO SUE Plaintiff files this response to Defendant's Preliminary Objections by Plaintiffs Attorney, Stephen J. Hogg, Esquire: 1. Admitted. 2. Denied. It is specifically denied that the Complaint changed the caption in this matter since the Notice of Judgment was awarded as follows: "J.E.M. Properties, P.O. Box 158, John E. Mumma, Carlisle, Pennsylvania 17013." 3. Admitted. 4. Paragraph 5 is a conclusion of law that does not require a specific response. By way of further answer, it is denied that the Complaint must identify the specific nature of the entity J.E.M. Properties. LAW OFFICES OF STEPI~N j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 5. Paragraph 6 is a conclusion of law that does not require a specific response. By way of further answer, it is admitted that J.E.M. Properties is not registered by John E. Mumma under the Fictitious Names Act. 6. Plaintiff has no knowledge of the statements in Paragraph 7 and proof thereof is demanded at trial. 7. Admitted in part. It is admitted that the Fictitious Names Act has the alleged requirement. By way of further answer, the Fictitious Names Act also states that the penalties listed shall not be applicable if there has been substantial compliance with the requirements of the Act. 8. Denied. It is specifically denied that the Defendants are entitled to an Order dismissing the action because the Plaintiff lacks legal capacity. By way of further answer, the Plaintiff asserts that the lease attached to the Complaint as Exhibit 1 identifies the Lessor as John E. Mumma. Plaintiff John E. Mumma filed the Complaint using the name J.E.M. Properties, John E. Mumma because that was the Plaintiff's designation on the Judgment Order from the District Justice. Wherefore, Plaintiff respectfully requests Defendants' Preliminary Objections be denied and Defendants directed to file a timely Answer to Plaintiff's Complaint. LAW OFFICES OF STEP/~N J. I-IOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 II. DEMURRER 9. Admitted. 10. Plaintiff asserts that the Judicial Code at 42 Pa. C.S.§8101 gives the Plaintiff the authority to demand interest at the legal rate on the Judgment. 11. Denied. Wherefore, Plaintiff respectfully requests that the Defendants' Demurrer be dismissed and the Defendants directed to file a timely Answer to Plaintiff's Complaint. Respectfully Submitted, Stephen J. Ho~ ~=~E~quire Attorney for Pla{'ntiff/ - LAW OFFICES OF STEPHEN J. I-IOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby certify that I did on this day serve, one true and correct copy of the attached Plaintiff's Answer to Defendant's Preliminary Objections by United States Mail, postage pre-paid, addressed to the following: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Date: uire PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be tTpewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pl-~e ] i-~t the within matter for the next: Arc3ammt Court. CAPTION OF CASE (entire caption must be stated in D,11 ) J.E.M. Properties, John E. Mumma ( p1 ai ntiff) Matt Hockensmith and Brandie Mentzer ( Defer~ant ) No. 0495 Civil 2002 State matter to be argued (i.e., plaintiff's motion for new trial, defendant's d~3rrer to c(~nplaint, etc. ): Defendant's Preliminary Objections to Complaint 2. Identify counsel who ~ 11 argue case: (a) for plaintiff: Address: Stephen J. Hogg, iEsquire 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 (b) for defendant: ~ress: Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 3. I ~H 11 notify ~11 parties in writing within t~) days that thi.~ case has been listed for arc~t. 4. ~t Court ~ate: February 12, 2003 Attorney J.E.M. PROPERTIES, JOHN E. MUMMA, Plaintiffs VS. MATT HOCKENSMITH and BRANDIE MENTZER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-0495 CIVIL IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS BEFORE BAYLEY AND HESS, J.J. AND NOW, this ORDER day of April, 2003, it appearing that J.E.M. Properties is a fictitious name that has not been registered by John E. Mumma, the preliminary objection of the defendants is SUSTAINED and J.E.M. Properties is stricken in this action. ~tephen J. Hogg, Esquire For the Plaintiffs s/lffouglas G. Miller, Esquire For the Defendants :rlm BY THE COURT, ' J.E.M. PROPERTIES, JOHN E. MUMMA, Plaintiffs VSo' MATT HOCKENSMITH and BRANDIE MENTZER, ' Defendants · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-0495 CIVIL IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS BEFORE BAYLEY AND HESS, J.J. ORDER AND NOW, this Z q ~ day of April, 2003, our order of April 23, 2003, is VACATED and the following order entered. It appearing that J.E.M. Properties is a fictitious name that has not been registered by John E. Mumma, the preliminary objection of the defendants is SUSTAINED and the plaintiff is granted leave to file an amended complaint omitting J.E.M. Properties as a plaintiff. BY THE C. OURT, ~S'[ephen J. Hogg, Esquire For the Plaintiffs ~I~ouglas G. Miller, Esquire For the Defendants :rlm 31~A. ltess, J. · LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 JOHN E. MUMMA, Plaintiff MATT HOCKENSMITH and BRANDIE MENTZER, Defendants : IN THE COURT : OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION-LAW : : NO. 02-0495 : CIVIL TERM : JURY TRIAL DEMANDED 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 Telephone: (717) 249-3166 LAW OFFICES OF STEPHEN J. HOC_-~ 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 JOHN E. MUMMA, Plaintiff, V. MATT HOCKENSMITH and BRANDIE MENTZER, Defendants COMPLAINT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-0495 · CIVIL TERM · JURY TRIAL DEMANDED Plaintiff is John E. Mumma principal, which entity has a mailing address of P.O. Box 158, Carlisle, Cumberland County, Pennsylvania. Defendants are Matt Hockensmith and Brandie Mentzer whose last known address is 52 Garden Parkway, Carlisle, Cumberland County, Pennsylvania. On or about April 27, 1998 Plaintiff and Defendants entered into a residential lease for an apartment at 24 West Glebe Avenue, Newville, Cumberland County, Pennsylvania. The lease period was for one year renewable at the end of the year for additional years one year at a time with the same terms. The lease agreement is attached hereto as Exhibit 1. Defendants continued to rent the premises at 24 West Glebe Avenue, Newville, Cumberland County, Pennsylvania until Plaintiff received written notice, attached hereto as Exhibit 2, that the Defendants were giving thirty (30) day written notice of their intent to terminate the lease as of April 8, 2001. LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE. PA 17013 Plaintiff confirmed that the Defendant's were completely moved out on April 10, 2001 at which time Plaintiff performed a thorough inspection of the premises. Defendants were in default of the lease by damaging the premises in excess of normal wear and tear as follows: a. The front door was damaged beyond repair and had to be replaced; b. The back door was in need of repair; c. The refrigerator door was in need of repair; d. The tower rack in the bathroom was damaged and had to be replaced; e. The carpet had rust stains on it and had to be cleaned professionally; f. The kitchen floor was damaged and had to be replaced; g. The master bedroom door was damaged and had to be replaced; and h. The bedroom carpet had rust stains and had to be replaced. The cost of repair or replacement of the aforesaid damages were as follows: a. Front door replacement: $375.00 b. Two months lost rent waiting for new door to be delivered and installed: $880.00 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 f. g. h. i. j. k. Back door repair: $375.00 Refrigerator door repair: $ 37.74 Towel rack replacement: $ 45.00 Kitchen floor replacement: $275.00 Master bedroom door replacement: $150.00 Bedroom carpet-replacement: $350.00 Carpet cleaning: $ 63.55 Apartment cleaning: $ 95.00 Development of photographs of damage tothe premises: $ 10.00 Wherefore, Plaintiff respectfully requests Judgment in his favor and against Defendants, jointly and severely, in the amount of $2,656.29 plus interest at 10% per year and costs and attorney fees. Date: Respectfully Submitted, Attorney for Plaintiff Supreme Court ID# 36812 VERIFICATION I verify that the statements made in this Complaint to the Court of Common Pleas of Cumberland County, Pennsylvania, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904, relating to unsworn falsifications to authorities. Date: "-J"ohn E. Mumma LAW OFFICES OF STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 EXHIBIT e~Dinate this agreemen} at t!m end of the ten~ by givin~ ~e other pa~y. at least ~H!RTY ('.30)_ :~y~'writt? ~ofice deliYe?d by certified ma,I/if no nouce is g,ven ?m agreement will :.:~'.?:~o~tmu~ Wtth'out re-execqtlon upofl tim snme terms n~ in force immedmtely before the end o '.'?h,~ ~,~,:,. .~... .' · . .,, .... '. .... ,~u,, continue '.', '.IN ~DyANCg WITHOUT D~MAND on ~l~ ~~}n~~~~nlh. Rent &re to'made DY easli, check or money order and mad~ payame to: . . ~i,V{,late"charve [moose4 p~5% 011 {lie la{ -- -, _- , 'P:" ~ .... ocCUpANTS: Th~ said PREMISES slmll B~ oooupled by no ~oreth~n_ ~ - .. P~rsons (adults ~nd ohiidrml), ShoUld mom person~ limn sl~l~d on this 'resid~n~, th~ monthly r~nt~l pnynmnl will inor~ns~ by~ per month for e~eh person, -~' G~ests will not ~ p~rmitt~d to s}ay for mom lh~n TWO (2) w~e}~s, Th~ OCCUPANTS ., .,..'.;*' .~ , .. ~ ' t ...... 'i' ........ .. r'.i.' .. :'.. '.~'~:':~ .... " k. '. :'~-,")"~'i 4" ~ " '" '"' ~,::U:; , . . ..... ~' ~'' '~ '"": ' ~ ' ' · '.' ~..~: ~YS, ~OC~S A~P S~Y.I .~ ' "'lctq~cd at the ~i~e of termiaation 'of.~ro~m~nt/'or should T~HANT request locks to be ",keyed due to !os.~ keys~ re-keyjn~ ortho locks m? tho cost o~ labbr will be char~ed to doors ~urm normal o~fico Imurs, II~ro w~ll b~ ~~ servic~ clmr~e to unlock b Tl, s s rvic h,r% will lncre.so to~ aflor orac hours. .~. 4[.~:,;.~ ......, ..~,.,..:..~y,..[-~. . ' . ~ : . ~:r~ ~,,~ ...... · ....... : ' SIT: TENANT J~as Paid a secm'i~y deposit tn r~ ' -, ~.,. ': ' tlie amount o ~....; ~epostl !S u~e~ for reimbursement of any past due rent, late charges, :. clea~lpg or ~ny ot!le~ expeDse as a result orTENANT's default, TENANT shall reimburse :;;';:O~~GENT the costs that exceed the amount or security deposit held. TENANT will · :"r~cejve security deposit due him/her along with an itemized list of charges within THIRTY (30) days a~er keys have bee~ retunled to O~ER/AGENT. TENANT WILL NEVER '" CONSIDER TH!S SECU~TY DEPOSIT AS PAYMENT OF THE LAST MONTH'S RENT. TEN6NT prior rmin tion. or °r mow without giving thirty (30) clays !~':~'¥/:*'' uTILITIES & SBRVICgS: TENAN~_~hall be responsible rot the payment, costs and ~?~"..-orthe following checked utilities anti services:.. ,~ ~., ~~i~y~''~':'': "~S: "'" 'E ectrje " · Gas . HeatA Water/~ewer ., ;[UTINTI "'. '.l., - ' .... - ,!i~)~-~'. "~-~ C~r~ Snow ~mov~l .... · . · . '. '~~~AGENT r~s~rv~s the ~iBhl ,o temporarily suspend lira PRSMIS[S?t'I:ties ct other - -[~ s~j'~-~Or~mai~l~anc~ and r~pah' purposes or f0-~0t~o~ pr0peny ri'om r~sK or nm'm, :... o~~AGENT shalJ not b~ li~bl~ for drayage or injury ~o TENANT, ll~eir r~mily, ~nd ~ues~s ' as a result of suspension cfa uljljly or olher service, TENANT slmll not use ~ny ulilides ' furnished b~ O~~AGENT in ~ w~sleful rammer, If O~~AGENT supplies elemriciW ' ~0 p~MISES, us~ of I~y~ dray appliances and ~quipmen~ requires lhe wriuen eonsem of ~.Q~~G~.b~[br~ j~sl~!j~lion, ~pplianc~'~re~menl required, · . "O, ' ~'~TSi~ '~o pets slml! be bmughl mi lira PREMISES wilhout prior wrilten consent ... O~~AGENT. Should O~E~AGENT give consent ther~ will be a pet securily deposit ..:' .. .., ::.' 10. WASHING ~ACI'iINgS~ No washing machines are to be broUgh(on.the PREMISES'':~ witho~.~t prior Written consent o[ O~E~/~GENT, Should O~E~AOENT give consent "' ' !'b~'a " ' '~ ' ~ ~,~ ? le~i~l!,~?,?J eh~'.g*, of ~ I,~r mo"th;. Applmnee agreement required. ' "~..: A~ "' ~k~:~, ~, '. ,:t.'J...,: .:.,' ....... , .... ' · '" . . , ,. · .....: ~:~.'~.,.~,~ r~ ~ tip ~. '~'~i ~ ~,tl*.. '~1 A.' ', , h "' ~' . ' ' ', ' .... ' .... t '" ' ' ' - ' ',, ~- ~ ~' ~'~" '"' ........... .... ~ ..... , t .1 ........ , .... 't'??i.i~ '"'; 4 ',':;" ~' "' ' " . . ' wd ~ . ',, -,at'..;~. ~ ~.", "*~'th":."e~.','~* ir:-','i' · I'~' 'v ' . . ' ':r'~ %1 v..~., "~ ' . " '~ ~:~,,.' ' ~~~i~ :~,},o"eq~l ~, .~. · . . '. '.. ~.~;'..'.l,~l'~t*{u,*l,'1 ' ' . :~I{,~,. 'i~:., .,-L,.,t.e.,. - · ' ..:.'.. ',',, ,?' ,;tl,l . ' ' :,' '::.".t, ' ......... · ~uta~SES will be used as a puvate residence only ~d will not ~,.' '- ~---- ' . . :' { ese. TENANT shall comply with nil . be used for nny charitable or Income producing ~ ~rp ederal, State ~gd Loc~! !,Wi~ regtiloti°ns and ;?'dinnnces ctm-ently in force or enacted after the ~ .... ~-., ...... . ' .' ' · . , ,~.,"l.,;:b". , ' ~/~;~¢~'.~'''<:'.~'''~'''''''''' :,'" ":" .. .' --'*, n~'nt;~XnmlC T~SI-I BAGS ann placed in :tWA.;:',,;: ~o a ~n:" Trash must ue Ii1 blSl~l.~J t~, .... , , ' curl)side the :!+};-:: ~{~. :' ' : . . .' , .... ~ ..... ; ' Trash cans are to ne pmceu °n , COV~D containers at aeslgnatect tru~,~ -,~-, ,. ":ey~njng pribr (~er spin) to }rash pick;~t? 3'EN6NT is responsib? for the'cost or removing ~;'"":"~"(": ." ' i:'T~N8 T Is rosponsmm fo5 ke'eping recyclable items separate from other ~l}:;", ~T~~P C~gClgS~ TENANT Will pay O~~AGENT a~ fee for any ~:~'".eturned ~y(hpy b~ng [or ~OY reason, :":. : . ~ ~ ~¥.wlt~.. ~,. r.~ '...' ' . ' ....... - ~,p, "'"TENANT will not assign this agreement Or sublet :. ]~,. ASSI .NM . , ss n this a reement or sublet the ""' o e attem t by TENANT to a ~g g .::{tthe p~lS~S ~any ~ · ~,~ __.,~rn~NT shall be in deault or this agreement. '~ " SEa s~}},oe ~ll ~q vpm ... ~,~, ,,-.. , ,ti gI .... .,..,... " . .,~ ,,5:5' .. ~; . , ,,.. ;i ';' ' ~¢.~::~ .. ,:. ,. ...................... · !.?3l?': ' "," ' · . ,~ o~.am~ & ALTE~TioNs* TE-~-X~T shall ge responsible rot (}nmages caused by 1' ~.'~ . ~'~'*'7- ' ' ' '.%'V ...., -- ~---~, ...... ,~ ENANT is res onmble for all glass,' ' -.;'.~ bis/lter ~eg!igence and t!mt oI als/ncr lunu,~ .,, ~.,~.s, TP ::,. screen and stets door repairs. TENANT shall not change paint color, or otherwise redecorate ;.'~: °r'$ake alterations t~ the PREMISES witlmut Ihe prior written consent of OW~AGENT, All alterations, additions or improvemenls made to the PREMISES shall remain upon and be ?s~endered with the P~M!SES, Should TENANT move prior to termination or lease he/she :g ii l b, cha~geq [0r }here-painting or the unit (should re.painting be requh'ed), ., . · . . , ',:"~,-:" r any fire, plumbing, applmnce '."'!6. CARE & MAINTENANCE~ TENANT shal~ pay fq ' an other damages to p~MISES caused dtle to negl~genc~ tENANT, thmr family and guests. · ' ;L~(,.'.,~ :_~i -,,~.-aer ~oSsession orpREMISES to O~E~AGENT at end of ten). in as J~lW~lNl w,,, a.,~,~-, .15 .... , . . _v,~.~ ............ v e~eent for reasonable wear '. good order, cleanlines~ and r?alr as at the sma o~u.u .~,~,..~.., ..... ,-- -, , ' and tear. ~ENANT shall not~fy O~ER/AGENT orll2e need for any tepmr reqtured. '., ',.TENANT shall complY,with a? rules and ,-egulatmns. tENANT has signed a PROPEF~TY ~:D.Y?'5~',, C:,' .... "' :' · = " '. ~" '~:' 17..";'iINSU~NCE: O~R/AGENT's insurance policy does not cover TENANT's 5 propc~y. Ir T~NANT does anylhing to cerise O~R/AGENT's instlrance' policy to increase, wi}.} ,y nil incre,se4 instance costs, : .... , , '' }' , '.'. -;.,'' ' ' .'. ' .... ~it~}i~i~,~''''::''': ¢ ~&%: ;": '..q :....... - .. ,....:,;,. ,..::. . :, . ~;.;~5,1',.,......% ., .'.' '?-.... :~~{}~gj}';ce.,~:5<'.5=: ,';'.'~ ",'~.~'"" "'.'.' '" . . = : ' ', - {. ~~i,m,':},v',,,i: ,;~,, ~,." .' ,.',.,:.,..';'..,' .:. --.' ..- ~~.~ ~' ..., ~,. W~ t......,. ..I . · ,' "i "J~ ~~/:~"-*.. '."' .... ~ ..... ~,,~r ~ t ~abie for I~ss, injury or ', '., -',:~- :~:t,.':, or damage is enused dama ttoanyp~so~°sP; p ~Y., . - ~, . /A~NNwfllnotbelmble '. ...... g · · ' e,leet, eWeR - ., '"a~~AGBNT's l~[cBtl°~a! act or ng., ....:~ , ,:_,. ,_.. ,s.~,oREMISES, :',"' ~;.~.,u.t .';-'.' F' .. '22 h_~2~ c--~cd by Water lllgt ,maY ica~ m~u .,~ - ~ ;~?:.: . .,... 19. FXT~Rg~NATO¢: Tn~AmT agree~' t0~ermit exletminalor.to enter .:"mo~!hly [o re'hde~ Se;vice. Should TENANT deny entry, TENANT will be'charged for that , . ' . ~ .' ~,~ I~T will not bo held responsible for any ant, roach, insect " ' "":~h.~[.09~ur duo !o emry d~ a! "" :::'.~p.' · ¢IGgT OF ENTRY: O~ER/AGE~T and other author,zed agents w,II hay .~. ¢tght to ~nter pREMISES at reasonable times ~or inspection, mmnlenance and showing reasons ~;: ~[ in'case of an E~RGENCY. o~~AGENT will do ~pe ~fth. e fo)lowing before :'tri oiw oral Iloflco ~o TENAN~ a day ,n advance · · ,~g:.~.r,,~.,~)t~.2~);,~.',.;),. b, :.".. post' wrl;len~ n°ti~e on tl~e entrance door a day in' advance ' '~ ~' ~?"'2~'~R~;NCi~8 & ¢~pAIRS, AlI repairs should_~e rep°fred, b~w~?-.th~ n°rma~ "~':,: .'.' :: oHlce ,!ours o[.~~~.., .......... ~b~ems and emergencies is: ' ' ~'~'.'~: g:~-ugO']~T: The TENANT will Imve dehultcd on this agreement If any oft!~e ,¥., o o~$ a ~ly ....... . GENT. '" ~,~)I;[~': .... ~xrax~m c~:l~ ,~ nnv ','el~t or other charges to the OWNE~A - "~:-:4'c':' a. ' !~l~ ~"~ '~ y"~ ' ' ___ ' 577,;:'.,.: ' ' A da~a es file PREMISE,";, . . . ' ' ..':. c. T~N~NI occom~s a nm~u,, property owners. ,, TENANT hils to comply with all comlitions 6fthis agree~'nent, rules & regu!.~,tiofis. ' TEN.ANT fails to move II~emselves anti their belongi'ngs fi'om [l~e PRE SES t!~c end of thc term. ,.- TENANT gives false information On the rental application, '..~.;,'.~.(~!? ~:..: . . .... 2.3..':' ~WN.E~. AGENT REMEDIES: IfTEN'ANT tiefaults WNER/AGENT may do any 0r. ail of the following wi.thout giving any NOTICE OF 'tERMiNATION of NOTICE TO QUIT t,9 T~.NANT before t,a. ki.ng action. ~.;~:;:.::,.-~: ,~. Terminate ~his ~green~ent wiflwut prior notice, :!:.,. ~,, .,~.. n of the rent and cha'rges owed ,~,,,~...:..,.. h Sue TENAN, T irt cotll'[ t0 recover tl~e entire balance 7'.; ,,: ',': "' for t,he re.re, qining lease.term, r,- --n .... rout -rlor notice, · :~::~?i.'(i~i:::: ' '. '~...',,.,...~,~'~ter nossesston ofPREMISe~ wm .l' .., . ,, "_',~._~ !'.?,?..{:.:!i:~'!'9. '.:L '. ou., ~.,., :,- . .. · r · · - ,-,- '--' ...... o,,d damaoes wm~out prior not!cc. !ii~!.:';:}:"..~'::.' d. Sue ~o recover ulapal{l rent, mt,~ ~;,,,,t~,,,, ,,,,, o . _ . .... ;!i.i..'e.. sub recover ~ll c?nsequent~l expe0~es,,da,.n, ages, ~osses aaa reasoname i;i'i;i:?";.,!~!.?, ..... :.. ~it~)~ey re. es i'estllBrlg Ire,, TBlqANT s v,olat,on of any terms. .:' ':24. ' ATTO.R. NF¥~S FlglgS: I I'OWNER/^GENT shall enforce the provisions el'this rental · ~sg,ree~,.ent ia any court'against'the Tenant, OWNER/AGENT shall be entitled as part of any i-.onrt iudaement to be reimbursed for all costs antl expenses oi' enf'orcement incltldir~g ':::-., c~.~...?i ,-',' .... .,,. . . , ' . . · .. ~reasofl~p~e .a.'!:l~Ol~.eY s fees. ..'?,¢:'! f ... 2s.' p,. sTII. IJCTIO OF I[,l lnMlsr, s: TEN^NT win give OWNER/AGENT Oral notice 'i'¢t[' ,a,.ny .accident, .fire or other major damage lliat happens at the premises within 2..4.. l.:lg..t]rs__ of '::[,h,e occu, rrence. TENANT shall also report any condition that may cause an accident, fire or ;'.major damage in~.m, ediately. If' PREMISES is partially destroyed by fire or other casualty, ,.~,,T, ENANT .sha..ll ha.ye tlle rigitt anti option of the roi!owing: :.?~::?.,".'(1) T° c0.rlfirl,ue to occupy the habitable portion ofthe premises while repairs are ¢ i'.' beir g re.adc. ' " ~:._;:- ~) T9 termlrtate tile Lease absolutely and recelve a retired of rent ':~;';'}~:iii.¢~; :" :: '. . --- : t~'o~:-i~'nsffr ofoossessi°n to OWNnR/AGEfqT, paid through the ,. ~..,:...~,..;. :::.. :. · ',.d.g ....... ~ . , ~ .".,~ .~,':~g.:"i ..... ! ..... ' ....... 26. IP.EM¥~R¥ OF POSSESSION: II'OWNER/AGENTeannot deliver possession of iPIREMISES t.o TENANT at the beginnil~g of lhe term then the lease term will commence but the re'quirement to pay rent will cease until the pREMISES i's ready for occupancy, . OWl~, .r¢. ^GENT.shall, r~Ji be liable to TENANT for damages due.,to inability to give "' ~'~ ~'*,~" ~t~:. ~!"'" - ":'Is'." ,'" r,.,.,;.,:,,/ ' :'" ' '"' ':2'7. I[,LEGAI.fflJI'qENFORCEABI-,F~ IA~ASE cONI)ITIONS: ,.qhould any court determine any condition within thi's agreement to be illegal or unerlforfeable, only those co.rlditions deemed illegal or unenforceable shall become null and void. All other conditions , ~' '4' ...... t.,....,: t,,., ..:~,,,...... ' ;/!}...b.v,.?.:::,,7,';.:;/"~'..:..:;:;,~;~ !..,.. ,: ' . '. ,¢.'.' ,',.: :: .i.';: '" <",i'r;:;:: ;..: = , ' ' ' , · :~..~,rj':"¢,,;',,'c'.' %..i;,~' ~' ':, ' 'i ;.'.;. ' ~11!~;,~:,,?,. :. ,.., ,.,.-. ,?.,. ,,,.:,,,:..,.:;. ,.,. . , lt~l~lfl".~'l~?Z,,'.~*;.~;."W;.,'_:i':f'~::J'.'i'.!,:"!..:";',':;: ,;; .' ,:.. .... . k-~lll, g~-¢.:l.',~t.~:~,, 4'..-,?~:-,,,....~P,.tih;¢;'.'; '%'.,.2.;.,' ..2, '.. ·, "'i' ' "' ~~',¢-:r.-:~..-',~,' ~.~.~; ~¢1~.,~ ';,' -,.- . I "· "' ,~ .... ',. ' · ~~,.,::?,.,.?....:,:,,:.:.......,,., ! ,,.~,,.,.,.... ~"notice be the I'st day or' the ii~onth; '~:-'.:,".~... (1)" Te~a..n,t. mu, st provm~ ~ ,,,,~ ' ~.'],.)~'~:)?, (2) Te~a~ agrees to'provide unlimited access at the Landlord's request for ?;('.';,".': .,'-:: prospective Tenants. "q;~."?;.: "; ": (3~ ~1 Tenants belongings must be removed fi'om the premises, "/;]f;~:~f:'.:':.'. (4) - The premises mtn' 12 t, hol'ougl, lY cleaned including having the carpets , ~ ;'~"' t~ng tile Tenant must mee ~}~;., (5) ..- U?OB y~c~ . }.with the Landlord to inspect the premtses · ~ '..~,~,~.,.?~,~ .,..~,.~.~,...~ .... :.,., ..... ...... ..~ ,:, . ,~, ~. ~,:' "..~." ~ . ";:'..' ~i~'r"; ~ . , ' ' ~'~ ?-'~'"~' . ...... ,.. :"'~~a, ES N' .' heck-i & Check-ot~t Procedures ;~a./~ ~ _ ~w~N~/'~Y'~ .qPpl?~ea ,,~ A~reement ' " ~S/NO amemency ,nl~rn, ation '.,:,.....:....~~.HO :~ .Pgrglng 6vailable (Il of spaces _ ..) YES / NO ; . " ' g MgNT* -This is the total agr~?ment between O~ER/A~ENT apd :..~ 30. gNTIRg 4G gg . ,., --,--~: ....... ,,,~- and am3roved by all pames. Th~s L" TENANT. No o[her agreements are ?m~ un,~ ,,,. -,,.T~t. sl.. ~'x'ecuted. " "" ' ' :~ent over all o,ler agreements previo ~ y .,.:..? ;, All rights and liabilities herein given to or imposed upon 'e,taerla parties hereto, shall exlencl .-;the.heirs,: ~.:!,:. - e[l,texecq~°rs'~/~ ~h0 adminish'ator~,doStlccess°rshefeby anti assigns or such party. Upon signing this m~x~UTts~ tinderstand and accept all rules stated herein, ?Thi~ agreement is ~pp.roved and entered int° tills ~ Day or .... · . ' ~;~n~ersigqe4.. . .. TeNaNT(s). ,, jointly and several?., ,,, }iable,..~ understands,, agrees to, and accepts, all ;"'." dersi ~d individua~(s)jo~n m tl~e ex~uUon orth~s. ~ase [S[:~nt n · J ,.The un . gq : '-- .~ .... ~ ~,'ms and conditions ol'tms ~ease agreement, ., . I . I pe.,or ~.2 ....... :., ....... ,-~.,~ to occunv the PREMISES without wrmen guaraBtee shall ~!o~ graDt tae tmaers~gu~u m.y ,,~,-.0r.. ',:,'if DATE DATE THis DUTIES AS A TENANT. DO NOT SIGN TI-liS R~SlDENTIAL I]EAS~;UNLESS YOU MA FION~DN THI,S PAGE. .... . ¢ ,Y ~pERSTANDTHE INFOR . ,, .. ~.':' (!) F~il to m~kc timcly p~ymmlt of [.ont' m- oth~r cJmrRos Ia eWeR/AGENT, " (2)' Vnc~c ~ Je.scd pREMISES with0~t O~EI~AGENT"s Consent prior to the ,,~.~. (3)Fail to y~c~to tl~e Icnscd PREMISES'at lh~ end of the le~so term, ..." (4) F~i ~o pcr[Ol'lB ~lly of tho obiJB~tJons jnclllded In Iho Io~se, niles mid regulnlions, "':: the riders or ~me~dments. (5) · .Yi°iat. r~le~ or re~tllations.wh el~ are maqe a part or me res,dent,~,l lease. ?',AR6G~i-J'23 - ipcJudes a waiver oF"N?I'ICE ~O GRIT", When "NOTICE TO .,:~,; . . ' . . LANDLORD has the immediate right git ...;... a complaint in court seekin~ an order evictin~ you fi-om the leased PREMISES. T!~e - ~6NpLORD does'not have tl~e right 1o I~ring an action in court seeking your eviction unless ;' you have violated your obligations as a 'FE~A~T, Ev~ lhot,~h.~u are waiving "NOTICE ~n ~"I n v ' ' J ye a oppo'ltll~ll In cotlrJ lo contest.me validity el'the ~' ii-yeu violnte'jh~.?~, m~d ~ond~H~ns of lbo r~sidm~li~l le~se, lho LANDLORD Ires Ihe ri~hJ .... - Seck' ro'[i'0 in remedies against you in c~rt:- .. (1) A Judgement [bi' overdtle rel~l, lale charges, repairs and monetary damages caused . ~. by your violation of thc lease m~d conditions. ~' (2) An order for Recovery of possession throtJgh ap eviction action. . ... (3) A JqdgcmenL.[°r unpaid rent for the balance of'tim lease term or until another ,4%:,;.,': :~ '" persml takes possession ofllm leased PREMISES as a..new TENANT, 'IF THE~ IS MORE THAN ONE TENANT SIGNING TI.IlS RES~DnN'r~AL LEASE, THE TENANTS ARE'JOINTLY AND S~lZ~I,~,Y i.,~A~i,~ FOR 'l'l-~& PERFORMANCE OF ~ TENANT OBLIGATIONS. TI-IlS MEANS THAT THE LANDLORD HAS THE RIGHT TO SUE ANY.~ TENANT oR A~~[~!~,~A~'S FO~Z VIOLATIONS OF 'rl-lE ~ ~6S~"INC~UDING SUINq ANY ONE'TENANT FOR Ti-IIZ FULl. AMOUNT OF THE 6c~Ow~EDG~E~1': I, THE ~DERSI~NED 'FENANT[~)1-16V~ READ ~ ERSTANp T~ EXHIBIT 2 · Please except this notificigjOll as,lily 30 DAy wrilten notice· of termination of our lease. '04-08-01, ,~t,O,tt.r ,CtllT¢. ni .adth'~s~ will i LAW OFFICES OF STEPHEN j. ttOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby certify that I did on this day serve one true and correct copy of the attached Complaint by United States Mail, postage pre-paid, addressed to the following: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Date: LAW OFFICES OF STEPI-IEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 J.E.M. PROPERTIES, JOHN E. MUMMA, Plaintiff MATT HOCKENSMITH and BRANDIE MENTZER, Defendants : IN THE COURT : OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION-LAW : : NO. 02-0495 : CIVIL TERM : JURY TRIAL DEMANDED TO: Matt Hockensmith and Brandie Mentzer 52 Garden Parkway Carlisle, PA 17013 DATE: June 10, 2003 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 / (717) 246-3166 ~.. Stc~Phen J. "o~, ~quire Attorney for Plaintiff LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby certify that I did on this day serve one true and correct copy of the attached Important Notice by United States Mail, postage pre-paid, addressed to the following: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Date: JOHN E. MUMMA, Plaintiff, MATT HOCKENSMITH and BRANDIE MENTZER, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002 - 0495 CIVIL TERM : CIVIL ACTION - LAW : _. NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Date: June 20, 2003 IRWIN, McKNIGHT & HUGHES Douglas ~. Miller', Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants JOHN E. MUMMA, Plaintiff, MATT HOCKENSMITH and BRANDIE MENTZER, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002 - 0495 CIVIL TERM : CIVIL ACTION - LAW _. : ANSWER WITH NEW MATTER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT AND NOW this 20th day of June, 2003, come the Defendants, MATT HOCKENSMITH and BRANDIE MENTZER, by and through their attorneys, Irwin, McKnight & Hughes, and respectfully file this Answer with New Matter and Counterclaim to the Plaintiff's Complaint dated May 14, 2003, and in support thereof aver as follows: 1. The averments of fact contained in paragraph one (1) of the Plaintiff's Complaint dated May 14, 2003 are admitted. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The averments of fact contained in paragraph three (3) are admitted. 4. The lease referenced in paragraph four (4) speak for itself and therefore no response is required. To the extent any response is required, any conflict between the lease and paragraph four (4) is specifically denied and strict proof thereof is demanded at trial. 5. The averments of fact contained in paragraph five (5) are admitted. 6. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph six (6), therefore they are specifically denied and strict proof thereof is demanded at trial. 7. The averments of fact contained in paragraph seven (7) and all of its subparagraphs are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 8. The averments of fact contained in paragraph eight (8) and all of its subparagraphs are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment in their favor and against Plaintiff in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. NEW MATTER 9. The averments of fact contained in the Answers to the Complaint are hereby incorporated by reference and are made part of this New Matter to the Complaint of the Plaintiff. 10. Upon leasing the property from Plaintiff, Defendants paid a security deposit in the amount of $450.00. 11. Plaintiff has retained possession of the security deposit of $450.00, and Defendants have never requested that said security deposit be refunded. 12. Some of the alleged damages by Plaintiff, in particular the alleged flooring and carpet damage, existed at the leased premises prior to the time of Defendants' lease and were not caused by Defendants or their guests. 13. Some of the allegations for which Plaintiff seeks compensation were not in fact damages at all, in particular the towel rack and refrigerator. 14. Upon information and belief, some of the alleged repairs have not even been performed, nor monies expended by Plaintiff. 15. Paragraph Sixteen (16) of the parties' lease provides in part that the leased premises shall be surrendered "in as good order, cleanliness and repair as at the start of this agreement, except for reasonable wear and tear." 16. Some of the alleged damages are reasonable wear and tear created during the three (3) years that Defendants leased the premises and are therefore not recoverable. 17. There is not any provision in the parties' lease that provides for interest at the rate of 10% per year as requested by Plaintiff. 18. Plaintiff's Complaint fails to state claims or causes of action upon which relief can be granted in excess of the security deposit already paid by Defendants. 19. Plaintiff's claims may be barred and/or limited by the failure to mitigate or to properly mitigate damages. WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment in their favor and against Plaintiff in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. COUNTERCLAIM 20. The averments of fact contained in the Answers and New Matter to the Complaint are hereby incorporated by reference and are made part of this Counterclaim. 21. This action was initially commenced by the filing of a Civil Complaint by Plaintiff in the office of District Justice Helen B. Shulenberger. 22. Following a heating, a Notice of Judgment was issued dated December 27, 2001, which awarded Plaintiff the sum of $1,649.64, but failed to reference the security deposit of $450.00 paid by Defendants and admitted by Plaintiff to he in his possession. 23. On January 28, 2002, Defendants timely and properly filed a Notice of Appeal with the Court of Common Pleas of Cumberland County which was duly served upon Plaintiff and the District Justice. 24. Pa.R.C.P.D.J. 1007 provides that proceedings on appeal from a District Justice decision shall be conducted de novo. 25. Furthermore, Pa.R.C.P.D.J. 1008 provides that receipt by the District Justice of the Notice of Appeal operates as a supersedeas. 26. Despite these clear rules of civil procedure and the ongoing litigation, the credit reports of Defendants contain or have contained adverse notations indicating that Plaintiff has a valid judgment against Defendants in the approximate amotmt of $2,500.00. 27. Upon information and belief, either Plaintiff or his agents, representatives, or employees intentionally caused the placement of the adverse notation against Defendants' credit. 28. Defendants have been denied loans and/or credit on the basis of the adverse notation directly placed or caused to be placed by Plaintiff against Defendants' credit. 29. The actions by Plaintiff or his agents, representatives, or employees violate the requirements of the Fair Credit Reporting Act, 15 U.S.C.A. § 1681, et seq., (the "FCRA"). 30. 15 U.S.C.A. § 1681s-2(a) provides that fumishers of information have a duty to provide accurate information, and are prohibited from providing information that the person knows or consciously avoids knowing is inaccurate. 31. 15 U.S.C.A. § 1681s-2(b) provides that fumishers of information have a duty to conduct an investigation following notice of a dispute as to the accuracy of reported information, and to report the results of that investigation to the consumer reporting agency. 5 32. By correspondence dated January 29, 2002, legal counsel for Defendants notified Plaintiff of the dispute of the adverse information placed on their credit reports. A true and correct copy of said letter is attached hereto and incorporated herein as Exhibit "A." 33. Defendants have also attempted to dispute the adverse information directly with one or more of the consumer reporting agencies. 34. 15 U.S.C.A. § 1681n provides that persons who willfully fail to comply with the provisions of the FCRA may be liable for actual damages or damages of not less than $100.00 nor more than $1,000.00, in addition to punitive damages, costs, and reasonable attorney fees. 35. 15 U.S.C.A. § 16810 provides that persons who negligently fail to comply with the provisions of the FCRA may be liable for actual damages, costs, and reasonable attorney fees. 36. The actions by Plaintiff or his agents, representatives, or employees also violate the requirements of the Fair Credit Extension Uniformity Act, 73 P.S. § 2270.1, et seq., (the "FCEUA"). 37. 73 P.S. § 2270.3 defines a creditor to include a person to whom a debt or an alleged debt is owed. 38. 73 P.S. § 2270.4 (b)(5) provides that a creditor may not use "any false, deceptive or misleading representation or means" regarding the collection of an alleged debt, which conduct includes but is not limited to the "false representation of the character, amount or legal status of any debt." 39. 73 P.S. § 2270.5 provides that violations of the FCEUA are violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et. seq., which statute allows for the recovery of treble damages, costs, and reasonable attorney fees. WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment in their favor and against Plaintiff in this matter to include actual damages, statutory damages, punitive damages, costs, and/or reasonable attorney fees in an amount less than the arbitration limit of $25,000.00, together with such other and further relief as this Court deems just. Dated: Jtme 20, 2003 Respectfully Submitted, IRWIN, MeKNIGHT & HUGHES By: ~'~5~.~ ~//A~ Douglas I~. Miller, Esquire- Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants VER/FICATION The foregoing document on behalf of the Defendants, Matt Hockensmith and Brandie Mentzer, is based upon information which has been gathered by counsel for the Defendants in the preparation of this document. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief. The Defendants' verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Defendants according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Oo~gglas (~ Miil~'r,VEs~uire Date: June 20, 2003 EXItIBIT "A" ROGER E. IRWIN JAMES l~ HUGHES REBECCA R. HUGHES MARK D. SCHWARTZ DOUGLAS G. MILLER LAW OFFICES IRWIN McKNIGHT & HUGHES WEST POMFRET PROFESSIONAL BCtlLDING 60 WEST FOMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 1717) 249-2353 FAX (717) 245-6554 E-MAI&. IMNLA W@SU~ERNE~ COM January 29, 2002 Vid CERTIFIED MAIl~RETURN RECEIPT J.E.M. PROPERTIES ATTN: JOHN E. MUMMA P.O. BOX 158 CARLISLE, PA 17013 Dear Mr. Mumma: J.E.M. PROPERTIES v. HOCKENSMITH / MENTZEI2 DOCKET NO.: 02 - 0495, Civil Term It is my understanding that despite a telephone call to you from District Justice Shulenberger, we were unable to resolve the issue of applying the $450.00 security deposit paid by my clients that you are holding in this matter. Accordingly, pursuant to our recent telephone conversation, enclosed herewith please find an original Notice of Appeal from District Justice Judgment filed on January 28, 2002 in the Cumberland County Cour~ of Common Pleas. The new docket number is as referenced above. It is also my understanding that in the past you have placed adverse claims upon my clients' credit reports. As this matter is still being contested in litigation and as even the District Justice awarded far less in damages than what you have claimed, this letter shall serve as formal demand upon you to remove any and all such adverse claims placed upon my clients' credit reports. Otherwise, I will recommend that my clients seek all available remedies provided for under the Fair Credit Repotting Act (15 U.S.C.A. § 1681, et seq.). In the event you have any questions with regard to the above, please contact me, or have your legal counsel do the same. Very truly yours, DGM:tds Enclosure CC2 IRWIN, McKNIGHT & HUGHES Brandie Mentzer and Matt Hockensmith District Justice Helen B. Shulenberger (w/enclosure via certified mail) CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a tree and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Stephen J. Hogg, Esquire 19 South Hanover Street, Suite 101 Carlisle, PA 17013 (Attorney for Plaintiff) Date: June 20, 2003 IRWIN, McKNIGHT & HUGHES Douglas G. ~/~iller,'l~squire - Supreme Court 1D # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendants LAW OFFICES OF 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 J.E.M. PROPERTIES, Plaintiff MATT HOCKENSMITH and BRANDIE MENTZER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 02-0495 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER AND COUNTERCLIAM Plaintiff files this Answer to New Matter and Counterclaim as follows: 9. The allegations raised in Plaintiff's Complaint are incorporated by reference and made part of this Answer to New Matter and Counterclaim as if fully set forth herein. 10. Admitted. 11. Admitted. 12. Denied. By way of further answer, Defendants had the opportunity upon moving into the leased premises to detail any existing damages on a form. (See attached Exhibit A). 13. Denied. 14. It is admitted that at the time of the District Justice hearing, some of the dollar amounts listed for the damages were based on estimates from appropriate repair persons and not repairs actually performed. 15. Admitted. LAW OFFICES OF STEPItEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 16. Denied and proof thereof is demanded at trial. 17. It is admitted that the parties agreed that the applicable interest rate is 6%. 18. Denied and proof thereof is demanded at trial. 19. Denied and proof thereof is demanded at trial. Wherefore, Plaintiff respectfully requests this Honorable Court to enter Judgment in his favor and against Defendants singly or jointly, together with reasonable costs, interest and attorney fees and such other relief as this Court deems just. COUNTERCLAIM The allegations contained in Plaintiff's. Complaint and Answers to Matter are incorporated herein by reference and made part of these Answers to the Counterclaim as if fully set forth herein. 21. Admitted. By way of further answer, the actual sitting District Justice was Robert Failor. 22. It is admitted that the Notice of Judgrnent did not reference the Security Deposit of $450.00. By way of further answer, Plaintiff asserts that the Complaint clearly states that the security deposit was already deducted from the damages demanded. 23. Admitted. 24. Admitted. 25. Admitted. STEPI-IF~ J. I-IOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 26. Plaintiff is without knowledge of the allegations contained herein and proof thereof is demanded at trial. 27. It is specifically denied that Plaintiff intentionally caused the placement of the adverse notation against Defendants' credit. 28. Plaintiff has no knowledge of the allegations raised herein and proof thereof is demanded at trial. 29. Denied. By way of further answer, Plaintiff moves to strike the allegations raised herein for lack of specificity in pleading. 30. Admitted. 31. Admitted. 32. It is admitted that Plaintiff received a letter from legal counsel for the Defendants dated January 29, 2002. It is denied that a copy of the letter was attached to the Notice to Plead. 33. Plaintiff has no knowledge of the allegations raised herein and proof thereof is demanded at trial. 34. Admitted. 35. Admitted. 36. Denied. Plaintiff has no knowledge of the allegations raised herein and proof thereof is demanded at trial. By way of further answer, Plaintiff moves to strike this allegation for lack of specificity in pleading. 37. Admitted. 38. Admitted. STEPIli~N J. ItOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 39. Admitted. Wherefore, Plaintiff again asserts his demand for Judgment in his favor and against Defendant's jointly and individually in the amount of $2,656.29 plus interest at 6% per year and costs and attorney fees. Respectfully Submitted, Attorney for Plaifltiff Date: EXHIBIT A TENANT INSPECTION SHEET Tenant Name Apartment # Move-In Inspection Date FOYER Door, Lock Lights Closet Floor Railing I~IVING ROOM Floor, Carpet Walls, Ceiling Windows, Screens Curtain Rod, Blinds Thermostat TV Adaptor, Jack KITCHEN Floor Walls, Ceiling Door, Lock Windows, Screens Curtain Rod, Blinds Counter tops, Cabinets Sink, Faucet Oven, Burners, Fan Refrigerator, Ice Trays Light Fixtures DINING ROOM Floor, Carpet Walls, Ceiling Windows, Screens Curtain Rod, Blinds Light Fixtures BATHROOM Floor, Carpet Walls, Ceiling Door, Lock Windows, Screens Curtain Rod, Blinds Tub, Shower Shower Door, Rod Sink, Faucet, Stopper Toilet, Seat Mirrors, Vanity, Cabinet Towel Bar, Paperholder Light Fixtures MASTER BEDROOM Floor, Carpet Walls, Ceiling Door, Lock Windows, Screens Closet, Shelves Curtain Rods, Blinds 'IV Adaptor, Jack Light Fixtt,res Floor, Carpet Walls, Ceiling Door, Lock Windows, Screeas Closet, Shelves Curtain Rods, Blinds 'IV Adaptor, Jack Light Fixtures Additional Remarks Tenants Signature Date LANDLORD INSPECTION SHEET Tenant Name Apartment # Door, Lock Lights Closet Floor Railing , LIVING ROOM Floor, Carpet Walls, Ceiling Windows, Screens Curtain Rod, Blinds Thermostat TV Adaptor, Jack Floor .. Walls, Ceiling Door, Lock Windows, Screens Curtain Rod, Blinds Counter tops, Cabinets Sink, Faucet Oven, Burners, Fan Refrigerator, Ice Trays Light Fixtures DINING ROOM Floor, Carpet Walls, Ceiling Windows, Screens Curtain Rod, Blinds Light Fixtures Move-Out Inspection Date Floor, Carpet Walls, Ceiling Door, Lock Windows, Screens Curtain Rod, Blinds Tub, Shower Shower Door, Rod Sink, Faucet, Stopper Toilet, Seat Mirrors, Vanity, Cabinet Towel Bar, Paperholder Light Fixtures MASTEF, BEDROOM Floor, Carpet Walls, Ceiling Door, Lock Windows, Screens Closet, Shelves Curtain Rods, Blinds 'IV Adaptor, Jack Light Fixtures Floor, Carpet Walls, Ceiling Door, Lock Windows, Screens Closet, Shelves Curtain Rods, Blinds TV Adaptor, Jack Light Fixtures DEDUCTIONS Cleaning Repairs Labor Replacement Other Total Tenants Signature Date Forwarding Address: LAW OFFICES OF SI'EPT~A.N j. ttOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 VERIFICATION I verify that the statements made in this Complaint to the Court of Common Pleas of Cumberland County, Pennsylvania, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904, relating to unsworn falsifications to authorities. Date: ~ohn E. Mumma Sl~t~-~-N J. tZOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby certify that I did on this day serve one true and correct copy of the attached Plaintiff's Answer To New Matter and Counterclaim by United States Mail, postage pre-paid, addressed to the following: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Date: Attorney for Plaintiff PI~ClPE FOR LISTING CASE FOR TRIAL (Must be typewritten and su~uitted in duplicate) TO THE PROTHONOTARY OF CUMBERLARD COUNTY CAPTION OF CASE (entire caption must be stated in full) Please list the following case: ( Check one ) ( ) ~r JURY trial at the next term of civil court. (/~ for trial without a jury. (Plaintiff) John E. Mumma (check one) (//) Civil Action - Law ( ) ( ) Appeal from Arbitration (other) VS. Matt Hockensmith and Brandie Mentzer ( Defendant ) vs. The trial list will be called on and May 24, 2004 Trials conmence on July I 2, 2004 Pretrials will be held on June 23~ 2004 (Briefs are due 5 days before pretrials, ) (The party listing this case for trial shall provide fortP~ith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) No..02 Indicate the attorney who will try case Stephen j. Hogq, Esquire Civil 0495 20 0~ for the party who files this praecipe: Indicate trial counsel for otherparties if known: Douglas G. Miller Es uire This case is ready for trial. Date: Signed: ~/~ Print Name: Stephen/ Hogg, Esquire Attorney for.- Plaintiff John E. Mumma Plaintiff Matt Hockensmith and Brandie Mentzer Defendants RULE 1312-1. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA NO. 0495 C~ 2002. The Petition for Appointment of Arbitrators shall be subst~mtially in the following form: pETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Stephen J - Hogg, Esquire ., counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 2,656.29 .... · ° is " The counterclaim of the defendant m the action _ .. The following attorneys are interested in the case(s) as counsel or are otherwi~se disqualified to sit as arbitrators: Stephen J. Hogg, Esquire Dou__q~as G. Miller, Esauire Irwin & McKnight WHEREFORE, your petitioner prays you~ Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ReSp~~tted, ANDNOW . in consideration q th% ,. actions) as prod f · Court, © -'<7 JOHN E. MUMMA · IN THE COURT OF .COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · 02-0495 CIVIL TERM MATT HOCKENSMITH and BRENDA MENTZER IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, July 29, 2004, the appointment of George Vaughn, Esquire, as chairman of the arbitration panel in the above-captioned matter is vacated, and Debra Wallet, Esquire, shall be appointed in his stead; John Ninosky, Esquire, and James Nelson, Esquire, shall remain as arbitrators. ~,,~ebra Wallet Esquire 24 North 32nd Street Camp Hill, PA 17011 George A. Vaughn III, Esquire 3904 Trindle Road Camp Hill, PA 17011 L,zl~hn Ninosky, Esquire By the Court, [,,JeCnes Nelson, Esquire Court Administrator John E. Mumma Plaintiff V. Matt Hockensmith and Brandie Mentzer Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0495 CIV~ 2002. RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Stephen J. Hogg, Esquire , counsel for the plaintiff/de, fendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $.. 2,6 5 6.2 9 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Stephen J. Hogg, Esquire Douqlas G. Miller. Esauir~ · Irwin & McKnight WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respe.~t~abjnitted, ORDER OF COURT / / AND NOW. foregoing petition, ~ actions) as prog~d for. · 2-0 o ~', in consideration ~ the/ Es ,ar~a ointedarb' fi/ ' · , q. pp itrators in me aoove captioned action (or By the Court, 9 0: It ~V 17 i~4Nr ~OOZ. JOHN E. MUMMA MATT HOCKENSMITH and BRENDA MENTZER · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · 02-0495 CIVIL TERM IN RE: ARBITRATION PANEL ORDER OF COURT AND NOW, August 2, 2004, the Court having been informed that John Ninosky, Esquire, is unavailable for the above-captioned arbitration hearing, Michael Travis, Esquire, is appointed in his stead. By the Coud, George"E Ho , P.J. ~ebra Wallet, Esquire 24 North 32® Street Camp Hill, PA 17011 Court Administrator JOHN E. MUMMA MATT HOCKENSMITH and BRENDA MENTZER · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · 02-0495 CIVIL TERM I~N R~EE:. ARBITRATION PANEL_ ORDER OF COURT AND NOW, August 2, 2004, the Court having been informed that John Ninosky, Esquire, is unavailable for the above-captioned arbitration hearing, Michael Travis, Esquire, is appointed in his stead. By the Court, George E H~offer, P'J' Debra Wallet, Esquire 24 North 32nd Street Camp Hill, PA 17011 Court Administrator In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No.. 0~ - 0M~K' C.,Y Defendant£ Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the Um.'ted States and the Constitution of this Commonwealth and that we will discharge the d~ties of our office with fidelity. Signature Name (Chairman) Name Name Law Firm Law Firm Law Fm Address Address Address Ci~, Zip Ci~, Zip ~, Zi~' Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) 41 ,ols'. Or · Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: Date of Award: Notice of Entry of Award Now, the ,2,.~ day of ')~ , 20 0{( , at ,2: ,t ~t , t°. .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: Deputy