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Home My WebLink About12-4643 ri IN THE COURT OF COMMON PLEAS OF 24 pt? (, , ,?? CUMBERLAND COUNTY, PENNSYLVANIA vUMppf , KATHLEEN FELTER, Plaintiff PE!I,dSYLVA? dA*µ i '' NO. 19'CIU42 3V(1 V. DAVID KRULAC, Defendant CIVIL ACTION - LAW PETITION FOR RULE TO SHOW CAUSE AND NOW COMES Petitioner, Kathleen Felter, by and through her attorney, Offices of Craig A. Diehl, and respectfully represents as follows: 1. Plaintiff, Kathleen Felter (hereinafter "Petitioner") and Defendant, David entered into a Lease Agreement for a one (1) year term commencing October 1, 2011 September 30, 2012, for real property situate at 217 South 15'h Street, Camp Hill, Pennsy 2. Petitioner paid the entire year rental amount of Twelve Thousand ($12,000.00) in advance at the commencement of the lease term. 3. In June 2012, Defendant commenced a Landlord/Tenant Complaint Petitioner for failure to pay a trash bill amounting to One Hundred Forty-Four Dollars Seventy-Eight Cents ($144.78). 4. Petitioner did not attend the District Magistrate Hearing and a judgment entered in favor of Defendant for the trash bill of One Hundred Forty-Four Dollars and Eight Cents ($144.78) and costs of One Hundred Twenty-Nine Dollars and Sixty-One ($129.61) on June 28, 2012. 5. On or about July 5, 2012, Petitioner mailed to Defendant a draft (check #522) aftk 1110 NA I? ?14 a7 V) SQ 398 the trash bill in the amount of One Hundred Forty-Four Dollars and Seventy-Eight Cents ($144.78). 6. Unbeknownst to Petitioner, Defendant claims he never received the draft for outstanding trash bill. 7. Despite the rent being current and a draft being tendered for the trash bill prior the appeal period expiring, Defendant secured an Order of Possession. on July 17, 2012. 8. Said Order of Possession requires Petitioner to vacate the subject property by J 29, 2012. 9. Petitioner believed that all amounts due to Defendant were paid and current thus had no reason to file an appeal. 10. Petitioner is still willing to pay the judgment amount, but Defendant has Petitioner that he will not accept it and wants her out of the property. 11. Petitioner desires to remain in the property until the lease term expires. WHEREFORE, Petitioner respectfully requests this Honorable Court to issue a directed to David Krulac, Landlord, to show what cause, if any, he may have that: 1. the Petitioner should not be able to pay the judgment amount and remain at leased premises; 2. a stay of the Order of Possession should not occur until this Honorable hears the merits of this proceeding; and 3. the Court should not grant such other relief as it may direct. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL f Date: By: Craig A. ehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Petitioner VERIFICATION I, Kathleen Felter, Petitioner above-named, being duly sworn according to law, that the facts set forth in the foregoing Petition for Rule to Show Cause are true and correct to best of my knowledge, information, and belief. The undersigned understands that the made therein are made subject to the penalties of 1.8 Pa. C.S. §4904 relating to falsification to authorities. Date: F CERTIFICATE OF SERVICE AND NOW, the 24th day of July, 2012, the undersigned hereby certifies that a true correct copy of the foregoing Petition for Rule to Show Cause was served upon the party by way of United States first class mail and certified mail, postage prepaid, addressed follows: David Krulac P.O. Box 1064 Mechanicsburg, PA 17055-1064 A. Fike, Legal Secretary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN FELTER, Plaintiff r7 NO. 12-4643 Civil F r - r<== 7v,C CIVIL ACTION - LAW c r N on rrnn -m =rn o° 0 o-n C-) M ?-a V. DAVID KRULAC, Defendant AMENDMENT TO PETITION FOR RULE TO SHOWN CAUSE NOW COMES Petitioner, Kathleen Felter, by and through her attorney, Law 3 r a, Craig A. Diehl, and files this Amendment to comply with Cumberland County Local Rules follows: 1. No Court of Common Pleas Judge has ruled upon any other issue in this matter. 2. Counsel for Petitioner spoke with Defendant/Respondent who did not concur the requested relief. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: /III /i a By: ' Craig A 'ehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Plaintiff/Petitioner of CERTIFICATE QF f , VICE AND NOW, the 26th day of July, 2012, the undersigned hereby certifies that a true correct copy of the foregoing Amendment to Petition for Rule to Show Cause was served the opposing party by way of United States first class mail and certified mail, postage addressed as follows: David Krulac P.O. Box 1064 Mechanicsburg, PA 17055-1064 A. Fike, Legal Secretary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN FELTER, NO. T= rn _- Plaintiff rte- -am rte.. _J v.?°? DAVID KRULAC, '? Defendant CIVIL ACTION - LAW -° ? RULE TO =SHOVE' CAUSE AND NOW, this day of July, 2012, upon consideration of the Petition for Rule to Show Cause filed in the above-captioned matter, a Rule is hereby issued, directed to David Krulac, to show what cause, if any, he may have that: 1. the Petitioner should not be able to pay the judgment amount and remain at the leased premises; 2. a stay of the Order of Possession should not occur until this Honorable Court hears the merits of this proceeding; and 3. the Court should not grant such other relief as it may direct. RULE RETURABLE WITHIN DAYS OF SERVICE. Service shall be made upon David Krulac, by certified mail, return receipt requested, and by regular first class mail. BY THE COURT: A - R e 4 ? 45&s Ma 4d ?A-'7h,?, Ae` PM e: David J. Lanza ID #55782 Law Offices of David J. Lanza 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 730-3775 Fax - (717) 730-3778 Attorney for Defendant KATHLEEN FELTER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. 12-4643 Civil DAVID KRULAC, Defendant ANSWER 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer, Plaintiff had failed to pay this bill since moving into the unit in September, despite warnings from Defendant and Penn Waste. A copy of one such warning is attached hereto as Exhibit A. 4. Admitted in Part. Denied in Part. Judgment was also entered for possession of the unit. Plaintiff did not appeal from that judgment. 5. Denied. Defendant received no check. By way of further denial, it would make no difference whether Plaintiff attempted to pay the judgment, as the judgment awarded "straight possession" and specifically did not allow for the tenant to retain possession even if she paid the judgment. A true and correct copy of the judgment is attached hereto (with the relevant possession portion highlighted) as Exhibit B. 6. Admitted. Defendant received no check. By way of further denial, even under Plaintiff's scenario, Plaintiff did not purport to reimburse Defendant for the filing fees that constitute part of the judgment. 7. Admitted in Part. Denied in Part. Plaintiff, even under Plaintiff's own version of the facts, tendered no draft for the full judgment. 8. Admitted. 9. Denied. The Order specifically contradicts that belief. The Order delivers possession regardless of whether Plaintiff pays the amount due. By way of further denial, Plaintiff does not claim to have paid the full amount. By way of further denial, Plaintiff did not pay any amount. 10. Admitted in Part. Denied in Part. Defendant is unwilling to allow Plaintiff to remain in the property. It is denied that Plaintiff has ever been willing to pay the judgment amount. Plaintiff has been warned by Camp Hill for other violations, including stockpiling garbage on the porch and weed/grass violations. Borough fines remain imminent. On or about July 19, 2012, Camp Hill Borough delivered its "final notice" to the landlord regarding weeds and grass cutting, a copy of which is attached hereto as Exhibit C with a summary from the Borough attached hereto as Exhibit D. 11. Denied. This averment is irrelevant to the issues of this case. Wherefore, Defendant requests that this Honorable Court dismiss Plaintiff's Petition. Je I I , Dated: ed, Respectfully Submitted, By: David Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff 08/03/2012 06:29 7177319081 DK SECOND NOTICE PO Box 1.064 Mechanicsburg, Pennsylvania 17055-1064 April 6, 2012 Kate Felter 217 S. 15th Street Camp Hill, Pennsylvania 170.1.1. Dear Ms. Felter: You have not paid your trash bill since you moved in and are not using the approved Camp Bill Borough trash containment. PAGE 06/08 Your trash bill is $48.26 per quarter and you owe for three quarters or $144.78. Please provide your payment to me, payable to me with FIVE DAYS of the date of this letter. If you continue to be in breach of your lease, then further legal action will be taken. David Krulac COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND 4 - - Residential Lease'.. Mag. Dist. No: MDJ-09-1-02 MDJ Name: Honorable Elizabeth S. Beckley Address: 1901 State Street Camp Hill, PA 17011 Telephone: 717-761-0583 David Krulac V. Kate Felter, Richard L Vaz?uez David Krulac Docket No: MJ-09102-LT-000 098-2012 PO Box 1064 Case Filed: 6/20/2012 Mechanicsburg, PA 17055-1064 Disposition Details Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary Docket No Plaintiff Defendant Disposition D s osition Date MJ-09102-LT-0000098-2012 David Krulac Kate Felter Judgment for Plaintiff 06/28/2012 MJ-09102-LT-0000098-2012 David Krulac Richard L Vazquez Judgment for Plaintiff 06/28/2012 Judgment Summary Participant Joint/Several Liability Individual Liability A ount David Krulac $0.00 $0.00 $0.00 Kate Felter $274.39 $0.00 $ 274.39 Richard L Vazquez $274.39 $0.00 $ 274.39 Judgment Detail (*PostJudgment) In the matter of David Krulac vs. Kate Felter; Richard L Vazquez on 6/28/2012 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied A ount Unjust Detention $144.78 $0.00 $ 44.78 Filing Fees $129.61 $0.00 $ 129.61 Grand Total: $ 74.39 Portion of judgment for physical damages arising out o f residential lease: $0.00 IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT F R POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONO ARY/CLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONE JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK F COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEV R, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO. 1008 OR 1013 FOR DIFFERENT PROCEDURES R GARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, HE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONO ARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT UDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCE S MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGM NT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. MDJS 315A Page 1 of 3 Printed: 06/2812012 2:41 55PM r?. C a m' .Ho r uAU h CODE MFr.' NT NOTICE Code Violation(s) ,obse rved on 'the property located at e' ` -----`-- ? y 21' Property Mal e g`row Property }y ry., La's Garbage, Rubbis?' ,. se D Shade Tree Alte w :: r ? Sidewalk/Curb`` a? ce or O bstruction .N Snow Removali?1 ur.iny ? Sign Ordinance Violation Unpermilted Cm5U''pctiori ? Other: s (See Revery This notice is a courte$y w ."..3-0 avoid a formal citation, fines, and/or othe- penaltlP " 'r Jiereby sked to take the following corrective actions.' 'C.k Gil WecJS crd(c/ ?r?.a3?,, ??,~ c.1J h n x'121 1.? ?`? •?: F Please d rect que, Y! - Camp Hill Borou ?!Boy r Codes and KZoning 4 / BOG 2145 Walnut Street' Nov. 10 ? N i . Camp Hill, PA 1:7q { ?BFR«Np'?° 717.737.3456 inspection Date: - l /9 1? Tlnsl)pct'r l L? 1ti t arum L! j j A EmertyMaintena E 9 r e Ity - Il inter' f' nd exte property areas III be rr n am I , ?. ?? a hi and sanitary` Condition; k( in good re r; found atlr d-no harbor, vermin, Gra weeds a o t I i Pr. vCget-3.', r. a heig ht of six inches. (Co of-the f Garba e Ruti shall accumulate any'refu upon any eet alley,` ic,plac e or upon any prix propert Code of theB r. , ?. 4 . , C Shad Tr teration? reeC ommission, -shall ha exclusive custody and :core gees n and upon the stre and highways of the Boro g. ; eES°wiios branches extend'o and above such streets and highvta'yskLj;bo'de of th e Borough of Camp §54.) Sidewalk/Curb Maintenance`or {fib fiction Property owners in t Borough of Camp Hill, at the-ir owl` P v,fit in 30 days after noti from the Borough, must cogst ?Dct or Y curb in front of and/or aiong side they ; ; . Ob repair sidewalk and structions of streets a sidewalks is prohibited. (Code of the 6 Ugh of C amp Hill, §176.) Snow Removal - Camp Hill'-Bbf6ugq,-requires esidents to clear-th sidewalks of snow and ice within e7g f; IOur§:after now has ceased to f (Code of the Borough of Camp Hill ?1766) Sign Ordinance Violation - See Code of the Boro gh of Camp Hill, §2 43 to §200-54. Unpermitted Construction - The folloong activiti es are required to ha either a building or zoning permit Issfaed pCior t their start: Erecti construction, movement, alteration rat fig' eemolit on, removal, placem or extension of a structure building or sign; Cha ge of the type of u Creation of new use; demo itlon of ?,kti ingr!crea ion of a lot or alterati of lot lines. (Code of the Boroifgh o Cain HIII, §2 0-3.) Other - r Pe5IAr /? CcCX??n4??.4' Ya /1k X%., ?A ti G . a.. "a I a1, -'e) a r SaP IAAAAAr rarnnhiIIhnrni inh r, n fnr r nr nlratn fn t of Rnrni inh C'M Enforcement information for 217 S 15°i Street 7/19/12 Final Warning Issued for Weeds Grass and Rubbish 7/9/12 Second Warning issued 6/30/12 First Warning Issued Warning Issues were hung on the front door with exception to the Third warning that w sent to the Property Owner. VERIFICATION I, J):4v',O 90 rify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: _? -20(1 2- By:Gj CERTIFICATE OF SERVICE AND NOW, the undersigned does hereby certify that he did serve a copy of the foregoing document upon the parties listed below by hand delivery as follows: Craig Diehl, Esq. 3464 Trindle Road Camp Hill, PA 17011 David Krulac Craig A. Diehl, Esquire I.D. No. 52801 LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff, Kathleen Felter <1r-O-?r=Flue RG HONOTAR ?IMAUG21 I "UYL TY 'PEMSVANA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN FELTER, Plaintiff/Petitioner V. DAVID KRULAC, Defendant/Respondent NO. 12-4643 Civil CIVIL ACTION - LAW PETITIONER'S RESPONSE TO ANSWER FILED BY RESPONDENT, DAVID KRULAC 1. Admitted. 2. Admitted. 3. Denied. Petitioner never received a warning from Penn Waste. The account was only transferred into her name on April 27, 2012. Petitioner has provided her counsel with a draft to convey to David Krulac for the outstanding trash bill plus court costs from the Magistrate's office. 4. Admitted in part, denied in remainder. Subsequent to the Magistrate court date, Petitioner mailed a draft to David Krulac for the full amount of the trash bill so Petitioner believed 'there was no reason to appeal. The draft was mailed prior to the expiration of the appeal period. 5. Denied. Petitioner believed that by paying the trash bill amount, the case was dismissed and no appeal was necessary. 6. Denied. Petitioner tried to pay Respondent for the Penn Waste invoice on July 7, 2012, but he refused it. 7. Denied. Petitioner has provided her counsel with a draft to give to Respondent for the full amount. 8. Admitted. 9. Denied. Petitioner believed that by paying the trash bill amount, the Order of Possession was void or moot. Petitioner has prepaid the rent for the entire year amounting to Twelve Thousand Dollars ($12,000.00). The lease term expires on September 30, 2012, and Petitioner desires to stay there until then. Being dispossessed of the rental premises over One Hundred Forty-Four Dollars and Seventy-Eight Cents ($144.78) combined with the lease term ending in approximately forty-five (45) days is inequitable. 10. Denied. Petitioner has never received a violation for stockpiling things on her porch. Petitioner is likewise disputing the weed/grass violation because she has kept up with the mowing and the "weeds" were believed to be a "bush." 11. Denied. Petitioner's desire to remain until September 30, 2012, is relevant since the rental amount was prepaid for an entire year. WHEREFORE, Petitioner respectfully requests that this Honorable Court allow her three (3) days to pay the full judgment amount which is already in possession of her counsel and allow her to remain in the leased premises until September 30, 2012. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: By: Craig A. iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Plaintiff/Petitioner CERTIFICATE OF SERVICE AND NOW, the / 7 day of August, 2012, the undersigned hereby certifies that a true and correct copy of the foregoing Petitioner's Response to Answer File by Respondent, David Krulac was served upon the opposing party by way of United States first class mail and certified mail, postage prepaid, addressed as follows: David J. Lanza, Esquire Law Offices of David J. Lanza 2132 Market Street Camp Hill, PA 17011 bra A. Fike, Legal Secretary KATHLEEN FELTER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID KRULAC, DEFENDANT 12-4643 CIVIL TERM ORDER OF COURT AND NOW, this `~~ day of September, 2012, upon consideration of Plaintiff's Petition for a Rule to Show Cause dated July 24, 2012, Defendant's Answer thereto, Plaintiff's Response to the Answer and after a conference call with counsel for the parties, and further it appearing that the parties are unable to resolve this matter by agreement, we enter the following order: 1. Defendant is granted possession of the premises at 217 South 15th Street, Camp Hill, Pennsylvania effective September 11, 2012. 2. Within ten (10) days of the date of this order Plaintiff shall pay Defendant the sum of $278.39 representing the amount due for the trash bill and costs related to Defendant's landlord tenant complaint. 3. No other relief is granted to either party. / Craig A. Diehl, Esquire For Plaintiff ~ David J. Lanza, Esquire For Defendant ~,GS ~,~1~Q ~l~/,~ By the Court, Albert H. Masland, J. c ~ ~.° ~~ rat ~ ~ ~ -v ~ -~ ~~ r r ~ :~ z :saa ~m ~ ~ z4 a ~. :~