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HomeMy WebLinkAbout12-4716COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial DWtrict, County Of FROM DISTRICT JUSTICE .IUIMWNT CtN ? No. ? ' ? 7 NOTICE OF APPEAL. Notice is given that lire appellant tras Ned in the above Court of Common Pleas an appeal from the judgment mWe* by the Justice on the date and in ft case referenced below. wwe J U m a c a VIM. NO. M DJ - 0 - 2-e NAM OF DA as A00#0011 OF APPULLAW 'P. 161 ? l I e, JOA 17013 Mem a?tE 7 1 ? t 2 0 TW cnsE os grey ? A C W a c a ?eirs t ,? . . .. „ ft. VOCKU M,! _ oa 2. oz - C v- ovooogq- z.o, i This Mick will be signed ONLY when #ft notagon is required w0er Ps. #Wpohnt ? wag Cf fhrint (sae Pa. R.C P.D.J. At. 1 (t) in sctfon R.C.P.D.J. No. WOOS. ThisNodoe of AppeM, when received by the DbWd JuMm. wig operate as a belkim a fJi<SW Justices A COINPLAW A UST BE FILE within twenty SUPER:lEDEM to Me judgment for possession in M case. (20) days alter Mft Me NOTICE o(APPE*. spn.r.. d Aor?aielry s D?pulr PRAECIPE TO ENTER RULE TO FILE COMPLAINT AM RULE TO FILE (This section of brm to be used OAILY when appetiant was DEFENDANT (see Pa.kC.P.D.J. W. 10010 in NOT USED, detach ftim Dopy of nolics of appeal to be served upon appeiilse. PRAECIPE: To ProMorwtsry Enter nib upon ??? 449 C--W beliwe Dlstrfd Justice. IF appeMse(s). to as 4 complaint in t is appeal (common Pleas No. ?a - y 716 ??i J ) within Wm* (20) days after service of nee or safer entry of judgment non pros. G??????.? or?ppiMmtor aaybM Syrw UUnf?y RULE: To . appellee(s) N01* 01`41011~8) (1) You we noWWMd and* is hereby ordered ? you to So a ornpWM in tht appeal withbr twenty (20)? daps alter the of service of this nib upon personal ym by service or by cartMed (2) It you do not Ab a MTVWM within this time. a JUDGMENT OF NON PROS MAY BE ENTERED AGAINSt YOU. (3) The dab of service of this rule N service was by mall is the date of the malting. Date: ?. 20 ?-- - YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCPJPT FORM WITH TH* NOTICE AOPC 312-02 e WHITE - COURT FILE TO BE FILED WRM PROTI MIyTARY GREEN - COURT FILE YELLOW - APPOLLANt'S COPY PIM - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT Jt1S1iCE,l COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-2-02 MDJ Name: Honorable Jessica Brewbaker Address: 18 North Hanover Street, Suite 106 Carlisle, PA 17013 Telephone: 717-240-6564 Paul Walters V. Liberty Holding Company, John John Mumma 1 ^T, 7 P. O. Box 158 Docket No: MJ-0920 Carlisle, PA 17013 Case Filed: 6/8/2012 JUL 2 0 2012 Ga BY -------------------- Dispmftn Summary MJ-09242-CV-0000099-2012 Paul Walters Liberty Holding Company Default Judgment for Olaintiff MJ-09202-CV-0000099-2012 Paul Walters John Mumma Default Judgment for Plaintiff Jurwrnt Summary Individual LIAMU v Ell John Mumma $12,000.00 $0.00 $12, Liberty Holding Company $12,000.00 $0.00 $12, Paul Walters $0.00 $0.00 Judgment Detail rPost Jud9mo t) In the matter of Paul Walters vs. Liberty Holding Company; John Mumma on 7/19/2012 the judgment was awarded as AWOM201 C011120111111111111 J0111118 00161 Ugbft 1 13?iiYil?dL Depask Amulliad As Civil Judgment $12,000.00 $0.00 $12, Civil 12 07/19/2012 07/19/2012 Grand Total: $12,000. ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYSvAFTER THE ENTRY OF JUDGMENT BY FLUNG A TICE OF PEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DMSION. YOU MUST INCLUDE A C PY OF THIS 011CE OF JU RIPT FOFW W" YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROvADED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMM MPLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS yHE jU00 RENT M ENT FRED IN THE COURT OF COMMON PLEAS, ANYONE WrERESTW iN THE JUDGMENT 41AY FILE "A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FUL , SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date ?lJ Magisterial District Judge Jessica Brewbaker Date Notice of Judgmsnt/Transc Case District Judge ; MDJS 315 Page 1 of 2 1 Printed: 07/19/2012 1:17:35PM Paul Walters v. Liberty Holding Company, John Mumma peas) Paul Waiters 316 Fairview Street Carlisle, PA 17013 Defendott(s) Liberty Holding Company Go John Mumma PO Box 158 Carlisle, PA 17013 John Mumma P. O. Box 158 Carlisle, PA 17013 MDJS 315 ?I Docket No.: MJ-09202-CV-0010099-2012 Participant List Page 2 of 2 Printod: 07/19/2042 :17:35PM i w o 07 ctrl C) YH I - ?nlA 4 ???'?? S v: i bK-' nr0= MS-oQRoZ e V-e ?Mmo?L ?L?Rg ?vo? i 2- ?f7t T - o u.LE- -T0 -F-xLa tC)IJ hens comes ?a(+e S, here. jn a?jc/' f e.-?? r red as 1 PL A, -LN T= FF''? Rea evl-?l? ('? vas -?n re- j a ?'?r•? 'T , ? a?+n ' ?PP?lar? s ??p? l a? ?, ?q?rnenf , and i ? S? ?Qer? ?h?e c? A JefS -}? {? tk c?/LJQ ?oc?cXYfQ_?a,Z e c?vi I ?. Z tU MXT?o.. MA - Ao t Z , t?Lar r?? ?' { ilhe- dotes+,? d?sp??c .. whr?h 14401 -/.o IA. 'al e'- G'a1o a?ea? /y1?? Gr ?v?s in a o.?G a$fee,ov1 - ?Gr a enG ?cc?/` yh Q a?? ?Nlevl-r nu??l?e(? O ja ti {ecf a4- 't?1 inC9?Gt" rj+rez4-? 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LIBERTY HOLDING COMPANY and JOHN MUMMA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY~,VANIA ~ r~ DOCKET NO.: 12-4716 -CIVIL °~ ~~ -~' ~ ~. c~ .!' y. ~~ - ~ ?.,. G) _ ,-,.; PETITION TO OPEN AND/OR STRIKE DEFAULT JUDGMENT AND NOW comes Defendants John Mumma and Liberty Holding Company, by their attorney Dean E. Reynosa, Esquire, of the law firm of Saidis, Sullivan & Rogers, ~~ r~i~ ~-'. ~;~~-~. =.~ a i~ ~ ~.~ ~:: .-~_~ =~~ ~, _- and respectfully petition this Court to open the default judgment entered upon praecipe by Plaintiff Paul Michael Walters and in support thereof aver as follows: 1. Plaintiff Paul Michael Walters commenced this matter by filing a civil action with Magisterial District Judge Jessica Brewbaker on or about June 6, 2012. 2. Plaintiff was awarded a judgment by default against both Defendants by Magisterial District Judge Brewbaker on July 19, 2012. 3. On July 27, 2012, Defendants filed a timely appeal of the judgment and also filed a Praecipe to Enter a Rule to File Complaint. 4. On August 12, 2012, Plaintiff filed his Complaint in this matter which was not endorsed by a Notice to Defend as required by Pa.R.C.P. No. 1018.1. 5. Plaintiff filed an Amended Complaint on or about September 21, 2012, without leave of court and without Defendants' consent as required by Pa.R.C.P. No. 1033. 6. Plaintiff claims to have provided Notice of Intention to Seek Default Judgment on October 15, 2012. 7. Defendant John Mumma is a partner of Liberty Holding Company and has authority to act on behalf of Liberty Holding Company. 8. Defendant John Mumma was out of the country beginning September 30, 2012, and did not return to the country until on or about November 7, 2012. 9. On November 16, 2012, Plaintiff sought the entry of default judgment against Defendants. 10. The Prothonotary's Office provided notice that default judgment had been entered against Defendants on November 16, 2012. 11. Defendants possess a meritorious defense to Plaintiff's complaint in that they dispute that any amount is due to Plaintiff. See Defendants' Answer which is attached hereto as Exhibit A. 12. Additionally, Plaintiffs initial Complaint did not include a Notice to Defend and Plaintiff did not file his Amended Complaint in conformity with Pa.R.C.P. No. 1033. Wherefore, Defendant respectfully requests that this Court open and/or strike the default judgment entered on November 16, 2012, in the above captioned matter and permit Defendants to file their Answer with New Matter that is attached to this Petition to Open and/or Strike Default Judgment. Date:~'~ ~~~~ Respec Ily Submitted, SA ULLI ROGERS De E. eyn a, Esquire Attorney I.D. #8 440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants VERIFICATION I verify that the statements made in the foregoing document are true and correct. I further state that I have authority to sign this verification on behalf of Liberty Holding Company. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Dated:!~~iZ ~ , 2012 -~ hn Mumma PAUL WALTERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, DOCKET NO.: 12-4716 -CIVIL LIBERTY HOLDING COMPANY and JOHN MUMMA, Defendants ANSWER AND NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT AND NOW comes Defendants John Mumma and Liberty Holding Company, by their attorney Dean E. Reynosa, Esquire, of the law firm of Saidis, Sullivan & Rogers, and hereby state as follows: 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Admitted. It is admitted that there exists a written lease agreement. Plaintiff has failed to attach a copy of the written agreement to his Complaint in violation of Pa.R.C.P. No.1019 (i). 4. Denied as stated. It is admitted that Plaintiff had paid his rent through May 31, 2012. However, Plaintiff was in default of the terms of the lease as a result of his behavior leading to his arrest by the Carlisle Police Department and the damage caused to the rental property. AMENDED COMPLAINT CONTINUATION 5. Admitted with further explanation. It is admitted that Plaintiff with Defendant sometime prior to June 1, 2012, but the exact date is not recalled. 6. Denied as stated. The Defendant was required to replace the lock after the apartment door was broken down by the Carlisle Police Department as a result of Plaintiffs arrest. 7. Denied as stated. Defendants incorporate their response to paragraph 6 as though if fully set forth length herein. 8. Denied as stated. Defendants have maintained Plaintiffs property in storage. It is specifically denied that Plaintiff's property is valued at $20,000.00 and specific proof is demanded at trial. 9. Denied. The averments of this paragraph state legal conclusions to which no response is required. AMENDED COMPLAINT CONTINUATION 10. Admitted with further explanation. It is admitted that a default judgment was entered by the Magisterial District Judge in the amount of $12,000.00. However, Defendants filed a timely appeal of that judgment. 11. Admitted. 12. Denied. After reasonable investigation, Defendants are without sufficient information to form a belief as to the truth of these averments and the same are therefore denied. Additionally, these averments state legal conclusions to which no response is required. It is specifically denied that Plaintiff has suffered $50,000.00 in damages and specific proof of such is demanded at trial. It is further denied that Plaintiff is entitled to punitive damages. Wherefore, Defendants requests that Plaintiffs Amended Complaint be dismissed with prejudice and a judgment entered in Defendants' favor. NEW MATTER 13. Answering Defendants incorporate the foregoing answers as if they were fully set forth at length herein. 14. Plaintiff has failed to state a claim upon which relief can be granted. Wherefore, Defendants requests that Plaintiffs Amended Complaint be dismissed with prejudice and a judgment entered in Defendants' favor. Date: ~~ _ ~~ i ~ Respectfully Submitted, Dian E.~ey~iosa, Esquire Attorney I.D. #80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants VERIFICATION I verify that the statements made in the foregoing document are true and correct. I further state that I have authority to sign this verification on behalf of Liberty Holding Company. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. d~~ ~ ~ __-----~_.__,.__,, Dated: / , 2012 John Mumma PAUL WALTERS, Plaintiff v. LIBERTY HOLDING COMPANY and JOHN MUMMA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 12-4716 -CIVIL CERTIFICATE OF SERVICE AND NOW, November ~, 2012, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the Petition to Open Default Judgment upon the following by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail: Paul M. Walters 316 Fairview Street Carlisle, Pennsylvania 17013 Respectfully Submitted, SAIDIS, SULLIVAN & ROGERS Date: ~ I "c~(, -~~~ De E. o a, Esquire A orney I.D. #80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants _ _ __ _ __ PAUL WALTERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~• CIVIL ACTION -LAW LIBERTY HOLDING : COMPANY and JOHN 1~~lUMMA, Defendants NO. 12-4716 CIVIL TERM IN RE: PETITION TO OPEN AND/OR STRIKE DEFAULT JUDGMENT ORDER OF COURT AND NOW, this 3rd day of December, 201Q, upon consideration of Defendants' Petition To Open and/or Strike Default Judgment, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, c , r ., Christyle L. Peck, J. ~~~ 1` ~'a (' y _.~~ Paul M Walters ; ~-- ' . 316 Fairview Street , i- ~ ~ , .:-.; -___ , Carlisle, PA 17013 ~ r J Az7 f `-~ __ : Plaintiff, pro Se `~~ ~~ ,. - {~-' ` ' ~ :~ _.~ y- ~t c~ / Dean E. Reynosa, Esq. -C e.a ~~ 26 West High Street Carlisle, PA 17013 Attorney for Defendants :rc CDp;,~S Ih.a.,~%ar /a-~3~ia~ ~~ PAUL WALTERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW LIBERTY HOLDING COMPANY and JOHN MVA, . Defendants NO. 12-4716 CIVIL TERM IN RE: PETITION TO OPEN AND/OR STRIKE DEFAULT JUDGMENT BEFORE HESS P.J., MASLAND and PECK JJ ORDER OF COURT AND NOW, this 5h day of April, 2013, upon consideration of Defendants' Petition To Open and/or Strike Default Judgment, and after having heard argument from both parties during Argument Court on this date, the petition to strike the default judgment is granted. The judgment filed on November 16, 2012, is hereby stricken. PLAINTIFF SHALL have 20 days from the date of this order to file a complaint in compliance with the Pennsylvania Rules of Civil Procedure. PLAINTIFF'S new matter to Defendant petition to open and/or strike default judgment is therefore moot. BY THE COURT, rr Paul M. Walters Christy ee L. Peck,� J. '==� r/ 316 Fairview Street Carlisle, PA 17013 Plaintiff, pro Se /Dean E. Reynosa, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendants :rc LT irl �t/5 )6v` f IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY CARLISLE,PENNSYLVANIA PAUL WALTERS c V. DOCKET NO. 12471Aitt(`VI LIBERTY HOLDING COMPANY, : JOHN MUMMA � T> CA � ' � C3, C) APPLICATION FOR LEAVE TO AMEND COMPLAINT 3� -- Q. c,c71 To:The Honorable Judge Christylee L.Peck :700 AND NOW thisjj:�'Iday ofApril,2013 comes Paul Walters,Plaintiff respectfully requesting this Honorable Court Grant Leave and allow Plaintiff to Amend his previous Complaint(s) in the above- captioned matter so that the Foregoing attached Final Amended Complaint conform with the Pennsylvania Rules of Civil Procedure and in support thereof avers the following: 1. On or about April 5',2013 Your Honor Ordered the Plaintiff to file a complaint in conformity with the Pennsylvania Rules of Civil Procedure. 2. The Court had found after argument that the Plaintiff failed to seek consent and/or file and Application for Leave to Amend Complaint. 3. On or about April 15', 2013 The Plaintiff served a CONSENT TO AMEND COMPLAINT(marked as"Attachment 1")to the above-captioned Defendants.To date the Defendants failed to answer and/or consent,to allow amendment of the previously filed complaint(s).- 4. Attached is the proposed Final Amended Complaint and Notice to Defend. . WHEREFORE,Plaintiff,Paul Walters Prays this Honorable Court GRANT leave and allow Plaintiff to file the attached Final Amended Complaint. a 1 -2, _ 1 Paul Walters,Plaintiff 316 Fairview Street Carlisle,Pa 17013 IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY CARLISLE,PENNSYLVANIA PAUL WALTERS V DOCKET NO. 12-4716 CIVIL LIBERTY HOLDING COMPANY, JOHN MUMMA CONSENT TO AMEND COMPLAINT Plaintiff,Paul Walters respectfully request that the above-captioned Defendants Consent to an Amendment of any and all complaints previously filed in the above-captioned docket pursuant to Pa.R.C.P.No. 1033. Plaintiff: I,Paul Walters,Plaintiff agree and consent to the above de r' a mendment. Date: 4-15-2013 Signature: Defendants: 1, Defendants/Attorney for the Defendants agree and consent to the above described amendment. Date: Signature: Paul Walters 316 Fairview Street Carlisle,Pa, 17013 (717)386-3554 "ATTACHMENT 1" IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY CARLISLE,PENNSYLVANIA PAUL WALTERS V DOCKET NO. 12-4716 CIVIL LIBERTY HOLDING COMPANY, JOHN MUMMA CERTIFICATE OF SERVICE AND NOW this 15'day of April, 2013, I Paul Walters hereby certify that I did serve a true copy of the foregoing CONSENT TO AMEND COMPLAINT by U.S.Postal service or hand-delivery to the following addressed as follows: Dean Reynosa,Esquire/Attorney for Defendants 26 West High Street Carlisle, Pa, 17013 _ �S. Date: �� Signature: Paul Walters 316 Fairview Street Carlisle,Pa, 17013 (717) 386-3554 IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY CARLISLE,PENNSYLVANIA PAUL WALTERS V. DOCKET NO. 124716 CIVIL LIBERTY HOLDING COMPANY, JOHN MUMMA NOTICE 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 TWWENTY(20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED,BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU-YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGABLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PENNSYLVANIA 17013 (717) 249-3166 Paul Walters", Plaintiff 316 Fairview Street Carlisle,Pa 17013 717-386-3554 IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY CARLISLE,PENNSYLVANIA PAUL WALTERS V. DOCKET NO. 12-4716 CIVIL LIBERTY HOLDING COMPANY, JOHN MUMMA FINAL AMENDED COMPLAINT AND NOW,Comes Paul Walters,hereinafter referred to as"PLAINTIFF"and in support of the foregoing Final Amended Complaint avers the following. 1. On or about May 151,2012 Plaintiff was taken to Cumberland County Prison on an alleged domestic dispute. 2. Plaintiff on or about May 27`x,2012 was released from Cumberland County Prison after a preliminary hearing. 3. At the time Plaintiff was a resident at 8 South Hanover Street,Apartment 305,Carlisle,Pa 17013. COUNT I BREACH OF CONTRACT-LEASE AGREEMENT 4. In support of the above claim Plaintiff incorporates and re-avers 1-3 as though it were fully set forth at length herein. 5. Liberty Holding Company and John Mumma,Partner,of Liberty Holding Company,Hereinafter referred to as"DEFENDANT(S)"at the time of the incident leading rise to the above-captioned matter were in a written contract,namely a Rental Agreement(residential lease agreement) for a one-bedroom apartment as addressed above,with the Plaintiff. 6. The Rental Agreement is attached hereto and marked as"Exhibit A". 7. Plaintiff certifies that the attached residential lease is a true and correct copy of the Rental Agreement entered into by the Plaintiff and the Defendants. 8. Plaintiff avers the Defendant breached contract whereas,on an unknown date between May 151, 2012 and May 271,2012 the defendant did change locks on the subject apartment and denied Plaintiff entry to o-subjecct apartment in therefore breaching paragraph 2 of the Rental Agreement 9. On or about May 2r,2012 Defendants failed to supply plaintiff with new keys when the Plaintiff requested new keys and asserted that the Plaintiff wished to remain a tenant at apartment 305 again breaching paragraph 2 of the Rental Agreement. 10.Plaintiffs'rent was paid in full until June 1".2012. 11.Defendant further breached Rental Agreement paragraph 20 by Entering premises not authorized per the agreement,Whereas,Defendant entered subject apartment without observing the stipulations of paragraph 20(a),20(b),or 20(c)of the Rental Agreement. COUNT 2 TRESPASS 12.In support of the above claim Plaintiff incorporates and re-avers 1-11 as though it were fully set forth at length herein. 13.On an unknown date between May 15'",2012 and May 27'x, 2012 Defendants entered or caused/directed other individual(s)acting on behalf of Liberty Holding Company and therefore hereinafter refereed to as"DEFENDANT(S)"to enter the subject apartment. 14.Defendants entered the apartment including the Plaintiffs bedroom,Living room, bathroom, kitchen,and all closets and cabinets for the purpose of removing the Plaintiffs'property, cleaning the apartment,repairing and painting the apartment and trash removal. See true and correct copy of Security Deposit Invoice attached hereto and marked as"Exhibit B". 15.Plaintiff was not notified prior to entry nor did he consent to entry. COUNT 3 ILLEGAL EVICTION 16.In support of the above claim Plaintiff incorporates and re-avers 1-15 as though it were fully set forth at length herein. 17.After the Plaintiffs release from prison On or about May 27',2012,Plaintiff met in person with the Defendant John Mumma. 18.During the Conversation between the Plaintiff and the Defendant,The Plaintiff relayed to the Defendant that he had lost his keys and needs a replacement set. 19.The Defendant responded that the Plaintiff was no longer welcome as a tenant at the subject apartment, and denied Plaintiff further access to the subject apartment. 20.Plaintiff explained to the Defendant that he wished to remain a tenant at the subject apartment. 21.The Defendant relayed that the locks had been changed. 22.The Defendant relayed to Plaintiff that he would not give the Plaintiff a key. 23.Plaintiff was not given a written Notice to Quit regarding the lease agreement. 24.Defendants never sought a complaint for eviction from the apartment. 25. Plaintiff asserts the Defendants used self-help measures to evict the Plaintiff by failing to provide keys to the subject apartment. 26.Plaintiff asserts that the acts of the Defendant caused Plaintiff to become"homeless"forcing Plaintiff to sleep outside. 27. Plaintiff asserts that the acts of the Defendant caused Plaintiff to seek unspecified unconventional shelter.(25-26 will be testified and evidenced at Jury Trial by Dale Carman and Judith Hockenberry) 28.All of which is in violation of 68 P.S. §§250.101-250.602 LANDLORD AND TENANT ACT OF 1951"ARTICLE V relating to(recovery and possession) COUNT 4 UNLAWFUL DISTRESS OF PERSONAL PROPERTY 29.In support of the above claim Plaintiff incorporates and re-avers 1-28 as though it were fully set forth at length herein. 30.During the above-mentioned conversation between the Plaintiff and the Defendant the Plaintiff relayed to the Defendant that he needed his cloths and other personal property that was in the subject apartment. 31.The Defendant relayed to the Plaintiff that the Defendant was keeping the Plaintiffs'personal property. 32.The Defendant stated that he is keeping the Plaintiffs'personal property until the Plaintiff pays the Defendant$2,360.44.(see true and correct copy of correspondence attached hereto and marked as"Exhibit C") 33.The Plaintiff relayed that he needs his work cloths and his tools so he can at least work,the request was denied by the Defendant. 34.The denial of allowing the Plaintiff to get his cloths and shoes left the Plaintiff with one pair of jeans,sandals,and a shirt. 35.The Plaintiff wore the above mentioned articles of clothing for weeks until he could slowly buy more clothing and shoes. (33-35 will be testified to and evidenced at jury trial by Dale Corman and Judith Hockenberry) 36.On or about April 5 ,2013 Plaintiff received correspondence from the Defendants attorney regarding the Defendants returning the personal property of the Plaintiff. 37.The list was incomplete and missing a majority of the items(will be testified and evidenced at jury trial by Holly Corman,Plaintiff will prepare an itemized inventory of distressed personal property for discovery). 38.Plaintiff attempted to arrange pick-up of Plaintiffs'personal property the week of April 81,2013 to April 19th,2013. 39.Plaintiffs'calls were not returned. 40.On or about April 19'x,2013 Plaintiff went to the Liberty Holding Company Office on Claremont Road,Carlisle,Pa 17013 and respectfully requested the Defendant(s)return his property. 41.Mr.Mumma stated he did not know who the Plaintiff was and directed the Plaintiff to contact the defendants attorney and/or call back to talk to his secretary. 42.All attempts to contact Defendants'attorney and Defendants'secretary were unsuccessful and Plaintiffs calls were not returned. 43.At the time of this complaint the Plaintiff has not received his personal property valued at approximately$25,000.00. 44. All of which is in violation of 68 P.S. §§ 250.101-250.602 LANDLORD AND TENANT ACT OF 1951 Section 250.312.(relating to improper distress of personal property) WHEREFORE,Plaintiff respectfully request that this Honorable Court award$25,000.00 and Grant punitive damages in a manner that reflect the actions of the Defendant. Respectfully Submitted: Paul Walters,Plaintiff 316 Fairview Street Carlisle,Pa 17013 717-386-3554 1 RENTAL AGREEIVIENI THIS AGREEMENT, entered into this--j-Day of April , 2012 , between Liberty Holding Ca. hereinafter called OWNER/AGENT and Paul Walters & Holly Corms n hereinafter called TENANT. 1. LOCATION:. TENANT leases from OWNER/AGENT an apartment or house No. 305 _ Which is located at 8 S. Hanover St. In the City of Cdr isle , Township of Carlisle County of Cumber-land State of PA Zip 1.29U_,hereinafter called PREMISES. 2. LEASE TERM: The term is a_1. year term beginning on the I Day of ARM . 2012 and ending on the 31 Day of March . 2013 . Either party may terminate this agreement at the end of the term by giving the other party at least THIRTY X30} 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$56 .00 . The (1) year term shall be a total 12 x X565.00 or$ 6,789.00 Payments are to be made..IN ADVANCE WITHOUT DEMAND! Before the Closg of Business on the Last Business Day_of Each Month. (For example: January's rent is due December 315E provided that day is not a Saturday or Sunday.) Rent payments are to be made by cash, check or money order and made payable to: Liberty-Holding Co. P.O. Box 158 Carlisle, PA 1 7013 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: S 28.25 1.0% on the 5"' Late,Fee: 56.50 5. OCCUPANTS: The said PREMISES shall be occupied by no more than 3 Persons ' (adults and children). Should more persons than stated on this lease be occupying the residence, the monthly rental payment will increase by_$_75jQ per month for each person. Guests will not be permitted to stay for more than TWO (2) weeks. The OCCUPANTS authorized to reside on PREMISES are: Paul Walters Holly Corman Alycia Walters Initials.,.. (Page 1 of 9) 6. KEYS, LOCKS AND SERVICE CHARGES: TENANT has received -2 Apt., 2 Key Cards & I mail box * In the event that TENANT requests a new key to replace a lost key, TENANT request locks to be re-keyed due to lost keys, or all keys are not returned at the time of termination of agreement, re-keying of the locks and the cost of labor and service call will be charged to TENANT. During normal office hours, there will be a_ 0.00 service charge to unlock doors or reset circuit breakers. This service charge will increase to_$10.00 after office hours. 7. SECURITY DEPOSIT: TENANT has paid a security deposit in the amount of S 565.00 . This deposit is used for reimbursement of any past due rent, late charges, loss, damage, cleaning or any other expense as a result of TENANT'S default. TENANT shall reimburse OWNER/AGENT the costs that exceed the amount of security deposit held. TENANT will receive security deposit due him/her along with an itemized list of charges within THIRTY (30) days after keys have been returned to OWNER/AGENT. TENANT WILL NEVER CONSIDER THIS SECURITY DEPOSIT AS PAYMENT OF THE LAST MONTH'S RENT. Should TENANT move prior to termination of lease, be removed for default (see item #22), or move without giving thirty (30) days notice, he/she forfeits the security deposit. 8. UTILITIES & SERVICES: TENANT shall be responsible for the payment, costs and care of the following checked utilities and services: UTILITIES:Electric x Gas x Heat x Water/Sewer Trash x SERVICES: Lawn Care Snow Removal CLEANING OF: Sidewalks Hallways Stairways Porches OWNER/AGENT reserves the right to temporarily suspend the PREMISES; utilities or other services for maintenance and repair purposes or to protect property from risk or harm. OWNER/AGENT shall not be liable for damage or injury to TENANT, their family, and guests as a result of suspension of a utility or other service. TENANT shall not use any utilities furnished by OWNER/AGENT in,a wasteful manner. If OWNER/AGENT supplies electricity to PREMISES, use of heavy-duty appliances and equipment requires the written consent of OWNER/AGENT before installation. Appliance agreement required. 9. PETS: No pets shall be brought on the PREMISES without prior written consent of OWNER/AGENT. Should OWNER/AGENT give consent there will be a pet security deposit of_$ 4 . Pet agreement required. Should you bring a pet on the premises subsequent to the lease, there will be a $250.00 minimum charge plus all damage and fumigation expenses. Also, see Section 22 Default Provisions. 10. WASHING MACHINES: No washing machines are to be brought on the PREMISES without prior written consent of OWNER/AGENT. Should OWNER/AGENT give consent there will be an additional charge of N/A per month. Appliance agreement required. (Page 2 of 9) Initials .p__(4L 1. 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 BOROUGH TRASH BAGS and placed in at designated trash area. Trash is to be placed on curbside the evening prior(after 5 PM) for trash pick-up. TENANT is responsible for the cost of removing any, bulky items. TENANT is responsible for keeping recyclable items separate from other trash. Recycle bin must be returned to apartment the day of trash pick-up. 13. RETURNED CHECKS: TENANT will pay OWNER/AGENT a-150.00 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 OWNER/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 with hardwood flooring-shall cover 75% of flooring with area carpeting. TENANT shall comply with all rules and regulations. TENANT shall complete and sign a TENANT INSPECTION SHEET immediately upon move in as to the conditions of the unit. tfit is not returned, you will be liable,for any and all damages. 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. All Tenants most secure minimum 1::Yea non-revocable insuance jjoljcX listing Liber!X Holding as additional insured, (Page 3 of 9) Initials 18.' RELIEF FROM DAMAGES: OWNER/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: OWNER/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 - 5 PMMonday - Friday., EMERGENCIES should be reported immediately. The phone number for reporting any problems and emergencies is: (717) 243-9610 22. DEFAULT: The TENANT will have defaulted on this agreement if any of the following apply: a. TENANT fails to pay rent or other charges to the OWNER/AGENT. b. TENANT damages the PREMISES. C. TENANT becomes a nuisance to OWNER/AGENT, other tenants or other property owners' d. TENANT fails to comply with all conditions of this agreement, rules & regulations. e. TENANT fails to move themselves and their belongings from the PREMISES at the end of the term. f. TENANT gives false information on the rental application. g. TENANT abandons the PREMISES. (Page 4 of 9) Initial 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 TEN'ANT 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 charges 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 judgment 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 occurrence. TENANT shall also report any condition that may cause an accident, fire or major damage immediately. If 'REMISES 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 possessi6 n 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 is 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 this 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 9) Initials y—L.*(- 28. PROCEDURES FOLLOWING LEASING: (1) Should you fail to return the Tenant Inspection Sheet as presented at the lease signing, you will be responsible for any and all damages. You have five (5) days after move-in to return the sheet. (2) All utilities as presented by lease are to be contracted immediately. We will charge you for all utility usage from the date of the lease along with a 20% surcharge, a minimum of$5.00. (3) Any tenant with hardwood flooring must have 75% of all hardwood floors covered immediately follow move-in. 29. PROCEDURES FOR VACATING: (1) Tenant must provide 30 days written notice beginning on the 1 st 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 be thoroughly cleaned including having the carpets professionally cleaned. If you elect to have the carpets professionally cleaned, you must provide us with a copy of the bill. -(5) Upon vacating the Tenant must meet with the Landlord to inspect the premises,and . return the keys. 30. PROCEDURE FOR DAMAGED OR UNCLEANED►APARTMENT: Failure to have the apartment cleaned and undamaged upon move out will obligate you for all rental charges in the following month until the apartment is cleaned and/or repaired. This shall not exceed one (1) month. 31. ADDITIONAL TERMS, CONDITIONS, RIDERS &AMENDMENTS: The terms and conditions in the riders and amendments indicated below are part of this rental agreement: YES /NO Check-in & Check-out Procedures YES /NO Pet Agreement In Force YES /NO Appliance Agreement YES /NO Emergency Tnformation YES /NO Parking Available (# of spaces U 1 YES /NO 32. 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. 33. SMOKING: If you smoke or allow smoking on the premises, there will be an automatic X350, disinfecting/deodorizing charge. r . (Page 6 o,f 9) Initials JK 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 2 Day of Agri . 2012 The undersigned TENANT(s)jointly and severally liable understands, agrees to and accepts all conditions imposed. I acknowledge reading this lease and question any part of this lease prior to signing. TENANT DATE- IF TENANT . DATE L(- {` ' O 2/AGENT 00 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 9) Initial IMPORTANT NOTICE 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 your . (1) Fail to make timely payment of rent 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 Judgment 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 Judgment 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 you do not return the Tenant Inspection Sheet, you will be responsible for any and all damages. If electric is not transferred to your name, you will be charge for electric usage plus a 20% surcharge. Paragraph 30: Failure to have apartment cleaned and undamaged upon move out will obligate you for all rental charges in the following month until the apartment is cleaned and repaired. This shall not exceed one (I) month. (Page 8 of 9) Initials �k... Paragraph 33: If you smoke or allow smoking on the premises there will be an automatic 5350.00 disinfecting/deodorizing charge. IF THERE IS MORE THAN ONE TENANT SIGNING THIS RESIDENTIAL LEASE, THE TENANTS ARE JOINTLY AND SEVERAL Y LIABLE FOR THE PERFORMANCE OF ALL TENANT OBLIGATIONS. THIS MEANS THAT THE LANDLORD HAS THE RIGHT TO SUE ANY DAE 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 TENANT(S) HAVE READ AND UNDERSTAND THE ABOVE DISCLOSURE. r Tenant Tenant /'2 (Page 9 of 9) Initials(. Rev. 1014111 Liberty Holding Company ." P.O. Box 158 Carlisle, PA 17013 (717) 243-9610 SECURITY DEPOSIT May 31,2012 Paul Walters & Holly Corman previous address: 8 S. Hanover St Apt 305 Carlisle, PA 17013 Your security deposit is held to reconcile any balances due after vacating. An itemization follows below: Security Deposit Paid $ 565.00 Security deposit: Forfeited do to lease being terminated (-565.00) domestic dispute (taken to jail) Minus: 1.) Unpaid Rent (10 months) 5,650.00 2.) Unpaid Late Charges 565.00 3.) Repairs and painting 480.00 4.) Apartment Cleaning 120:00 5.) Carpet Cleaning 0.00 6.) Unpaid Water& Sew 0.00 7.) Unpaid Electric 0.00 8.) Key Charge(key card not returned) ''65..00 9.) Miscellaneous: Trash disposal 140:00' $7,020.00 Amount due upon receipt: $7;020.00 Sao �t Liberty Holding Company P.Q. Box 158 Carlisle, PA 17013 (717) 243-9610 June 1,2012 r Paul Walters 8 South Hanover St.Apt 305 Carlisle, PA 17013 To Whom it May Concern; Paul Walters is owing Liberty Holding Co.32,360.44 in damages and$$6,215.00 in rent and late fees for the remaining 10 months of the 1 year lease signed on April 1,2012,which was terminated do to violating the rules and regulations which are made a part of the residential lease. Paul's personal property that was left in the apartment at the time of his arrest will remain with us until Paul has paid the total damages of$2,360.44. We will only hold this personal property for 60 days at which time the total balance of the damages must be paid or the personal property will be sold to pay toward the damages still owing.and/or disposed if it can not be sold. Sincerely, . John E. Mumma :_ Partner IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY CARLISLE,PENNSYLVANIA PAUL WALTERS V. DOCKET NO. 12-4716 CIVIL LIBERTY HOLDING COMPANY, JOHN MUMMA r VERIFICATION I,Paul Walters verify that the facts set forth in the foregoing"Final Amended Complaint"are true and correct. I also understand that false statements C.S.4904 relating to unsworn falsifications to authorities. Date: —13 Respectfully Submitted: Paul Walters,Plaintiff 316 Fairview Street Carlisle,Pa 17013 717-386-3554 IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY CARLISLE,PENNSYLVANIA PAUL WALTERS V DOCKET NO. 12-4716 CIVIL LIBERTY HOLDING COMPANY, JOHN MUMMA CERTIFICATE OF SERVICE AND NOW this 15'day ofApril, 2013, I Paul Walters hereby certify that I did serve a true copy of the foregoing NOTICE TO DEFEND AND FINAL AMENDED COMPLAINT,by U.S.Postal service or hand-delivery to the following addressed as follows: 'Dean Reynosa,Esquire/Attorney for Defendants 26 West High Street Carlisle,Pa, 17013 Liberty Holding Company P.O.Box 158 Carlisle,Pa 17013 John Mumma P.O. Box 158 Carlisle,Pa 17013 Date: , !-- Signature: �/ i Paul Walters 316 Fairview Street Carlisle,Pa, 17013 (717)386-3554 a IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY CARLISLE, PENNSYLVANIA PAUL WALTERS V. DOCKET 12-4716 CIVIL LIBERTY HOLDING COMPANY, JOHN MUMMA CERTIFICATE OF SERVICE 1, Paul Walters certify that I delivered a copy of the attached RULE TO SHOW CAUSE and PETITION/APPLICATION FOR LEAVE TO AMEND COMPLAINT on this day of July, 2013 by first class mail or hand delivery addressed as follows: Dean Reynosa/Attorney for Defendants 26 West High Street Carlisle, Pa 17013 John Mumma PO box 158 Carlisle, Pa 17013 Liberty Holding Company PO box 158 Carlisle, Pa 17013 Pl inti Date C � t -a= w -- cnr' --G _ CD j s IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY. CARLISLE, PENNSYLVANIA PAUL WALTERS V DOCKET 12-4716 CIVIL LIBERTY HOLDING COMPANY, JOHN MUMMA RULE TO SHOW CAUSE Re:Application for Leave to Amend Complaint ORDER AND NOW,this/.2,/k day of , 2013, upon consideration of the foregoing Petition/Application;for Leave to Amend mpl nt, it is hereby ordered that: (1) A rule is issued upon the respondent to show cause why the petitioner is not entitled to the the relief requested. (2) The respondent shall file an answer to the petition within twenty days of service upon the respondent; (3) The petition shall be decided under PA.R.C.P.No 206.7 (4) Dep comp eted within ays (5) rgu in courtroo _ e '�..hPrlantl ('nunty rn�rthluasP• ��d- (6) Notice of the;entry of this order shall be provided to all parties by the petitioner. BY ORDER!OF THE COURT: J. 1 rat //.�� r CD C-) g+; � � • ' E-' 1 - �N, IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY CARLISLE,PENNSYLVANIA PAUL WALTERS` V, DOCKET 12-4716 CIVIL LIBERTY HOLDING COMPANY, JOHN MUMMA CERTIFICATE OF SERVICE ,. AND NOW this If'day of July 201.3,I•Paul Walters,hereby certify that I did serve a true and correct copy of the order Rule To Show Cause re:Application for Leave to Amend Complaint dated July 12`''2013,upon the following by United States Postal Service or hand-delivery addressed as follows: Dean Reynosa,Attorney for the Defendants 26 West High Street Carlisle, Pa 17013 John Mumma P.O. Box 158 Carlisle, Pa 17013 ` Liberty Holding Company P.O. Box 158 Carlisle,Pa 17013 ,ail'61,47 ?- P aintiff Date rTl t cta r- (.� tjM 4 . C:) -G --4 C3 C) x 5> PAUL WALTERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 12-4716 — CIVIL LIBERTY HOLDING C= C= COMPANY and maj C- 2::;0 JOHN MUMMA, Defendants CD W- DEFENDANTS' ANSWER TO APPLICATION FOR LEAVE TO AMEND COMPLAINT AND NOW comes Defendants by and through their legal counsel and hereby represent as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is denied that Defendants' consent is required. The Court's Order directed that Plaintiff file an Amended Complaint within 20 days of the date of the order. 4. No response required. Respectfully Submitted, Date: QAa`n . ey osa, Esquire Attorney I.D. #80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants VERIFICATION I verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. This Verification is made by Defendants' counsel based upon information provided by Defendants to Defendants' counsel regarding the factual averments contained herein. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Dea E. Reyno , Esquire PAUL WALTERS, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 12-4716 — CIVIL LIBERTY HOLDING COMPANY and JOHN MUMMA, Defendants CERTIFICATE OF SERVICE AND NOW, July , 2013, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the Defendants' Answer to Application for Leave to Amend Complaint upon the following by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail: Paul M. Walters 316 Fairview Street Carlisle, Pennsylvania 17013 Respectfully Submitted, SAIDI S LLIVAN & ROGERS Dea,ff E. R eynosa, Esquire Attorney I.D. #80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY CARLISLE,PENNSYLVANIA PAUL WALTERS V. DOCKET: 12-4716 CIVIL LIBERTY HOLDING COMPANY JOHN MUMMA r> Ct> Z.; --e • REQUEST FOR DECISION BASED ON PETITION AND ANSWER 4! PURSUANT TO PA.R.C.P.206.7 (b) r �n6 .4.62 c)-1. Zd -5 C+ TO: THE HONORABLE JUDGE CHRISTYLEE L. PECK M IMO Re: Application for Leave to Amend Complaint AND NOW, Plaintiff, Paul Walters, respectfully request that Your Honor make a decision regarding the Plaintiffs'APPLICATION FOR LEAVE TO AMEND COMPLAINT, as permitted pursuant to PA.R.C.P. 206.7(b). WHEREAS, the Defendants filed an answer raising no disputed issues of material fact. DATE: /f0_'`_ a Paul Walters,Plaintiff 316 Fairview street Carlisle,Pa 17013 PH: (717)386-3554 • IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY CARLISLE,PENNSYLVANIA PAUL WALTERS V. DOCKET: 12-4716 CIVIL LIBERTY HOLDING COMPANY JOHN MUMMA CERTIFICATE OF SERVICE AND NOW this 7th day of October 2013. I, Paul Walters,certify that I did serve a true and correct copy of the REQUEST FOR DECISION BASED ON PETITION AND ANSWER re:Application for Leave to Amend Complaint, Upon the following by United States Postal Service or hand-delivery addressed as follows: Dean Reynosa,Attorney for Defendants 26 West High Street Carlisle, Pa 17013 Liberty Holding Company PO Box 158 Carlisle, Pa 17013 John Mumma PO Box 158 Carlisle, Pa 17013 PLAINTIFF DATE PAUL WALTERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW LIBERTY HOLDING COMPANY and JOHN MUMMA, Defendants NO. 12-4716 CIVIL .TERM IN RE: PLAINTIFF'S REQUEST FOR DECISION BASED ON PETITION AND ANSWER PURSUANT TO PA. R.C.P. 206.Z D ORDER OF COURT AND NOW, this 14'h day of November, 2013, upon consideration of Plaintiff's Petition entitled "Plaintiff s Request for Decision Based on Petition and Answer Pursuant to Pa. R.C.P. 206.7(b)," regarding his "Application for Leave To Amend Complaint," and upon further consideration of Defendant's answer thereto, and this Court giving Plaintiff the benefit of the doubt that he did not previously understand this Court's Order dated April 5, 2013, directing Plaintiff to file a complaint within 20 days of that order, Plaintiff's request to file a complaint is hereby granted and ordered. Plaintiff shall file a complaint in compliance with the Pennsylvania Rules of Civil Procedure within 20 days of this Order. If Plaintiff fails to do so, Defendant may move to dismiss this lawsuit. BY THE COURT, Christylee L. Peck, J. ✓ Paul M. Walters _ 316 Fairview Street M Carlisle, PA 17013 Plaintiff, pro Se b -- -< - ean E. Reynosa, Esq. 26 West High Street CE, Carlisle, PA 17013 Attorney for Defendants :rc Cc s ES / 'L�.i LCL ////41/1.3 - IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY CARLISLE,PENNSYLVANIA PAUL WALTERS V. DOCKET NO. 12-4716 CIVIL LIBERTY HOLDING COMPANY, JOHN MUMMA NOTICE 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 TWWENTY(20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED,BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGABLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PENNSYLVANIA 17013 (717) 249-3166 r1 �% Paul Walters, Plaintiff 316 Fairview Street Carlisle, Pa 17013 717-386-3554 IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY �p M Fri- 6 CARLISLE,PENNSYLVANIA ?> �- CD PAUL WALTERS < -� - DOCKET NO. 12-4716 CIVIL c V. - LIBERTY HOLDING COMPANY, :. JOHN MUMMA �^ FINAL AMENDED COMPLAINT AND NOW, Comes Paul Walters, hereinafter referred to as"PLAINTIFF"and in support of the foregoing Final Amended Complaint avers the following: 1. On or about May 15m, 2012 Plaintiff was taken to Cumberland County Prison on an alleged domestic dispute. 2. Plaintiff on or about May 2r, 2012 was released from Cumberland County Prison after a preliminary hearing. 3. At the time Plaintiff was a resident at 8 South Hanover Street,Apartment 305, Carlisle,Pa 17013. COUNT 1 BREACH OF CONTRACT-LEASE AGREEMENT 4. In support of the above claim Plaintiff incorporates and re-avers 1-3 as though it were fully set forth at length herein. 5. Liberty Holding Company and John Mumma, Partner of Liberty Holding Company, Hereinafter referred to as"DEFENDANT(S)"at the time of the incident leading rise to the above-captioned matter were in a written contract, namely a Rental Agreement(residential lease agreement) for a one-bedroom apartment as addressed above,with the Plaintiff. 6. The Rental Agreement is attached hereto and marked as`Exhibit A". 7. Plaintiff certifies that the attached residential lease is a true and correct copy of the Rental Agreement entered into by the Plaintiff and the Defendants. 8. Plaintiff avers the Defendant breached contract whereas, on an unknown date between May 151', 2012 and May 27m,2012 the defendant did change locks on the subject apartment and denied Plaintiff entry to subject apartment in therefore breaching paragraph 2 of the Rental Agreement 9. On or about May 271,2012 Defendants failed to supply plaintiff with new keys when the Plaintiff requested new keys and asserted that the Plaintiff wished to remain a tenant at apartment 305 again breaching paragraph 2 of the Rental Agreement. 10. Plaintiffs'rent was paid in full until June P', 2012. 11. Defendant further breached Rental Agreement paragraph 20 by Entering premises not authorized per the agreement, Whereas, Defendant entered subject apartment without observing the stipulations of paragraph 20(a),20(b), or 20(c)of the Rental Agreement. COUNT 2 TRESPASS 12. In support of the above claim Plaintiff incorporates and re-avers 1-11 as though it were fully set forth at length herein. 13. On an unknown date between May 15'x, 2012 and May 27`x, 2012 Defendants entered or caused/directed other individual(s)acting on behalf of Liberty Holding Company and therefore hereinafter refereed to as"DEFENDANT(S)"to enter the subject apartment. 14. Defendants entered the apartment including the Plaintiffs bedroom, Living room, bathroom, kitchen, and all closets and cabinets for the purpose of removing the Plaintiffs'property, cleaning the apartment,repairing and painting the apartment and trash removal. See true and correct copy of Security Deposit Invoice attached hereto and marked as "Exhibit B". 15. Plaintiff was not notified prior to entry nor did he consent to entry. COUNT 3 ILLEGAL EVICTION 16. In support of the above claim Plaintiff incorporates and re-avers 1-15 as though it were fully set forth at length herein. 17. After the Plaintiffs release from prison On or about May 27`x, 2012, Plaintiff met in person with . the Defendant John Mumma. 18.During the Conversation between the Plaintiff and the Defendant,The Plaintiff relayed to the Defendant that he had lost his keys and needs a replacement set. 19.The Defendant responded that the Plaintiff was no longer welcome as a tenant at the subject apartment,and denied Plaintiff further access to the subject apartment. 20.Plaintiff explained to the Defendant that he wished to remain a tenant at the subject apartment. 21.The Defendant relayed that the locks had been changed. 22. The Defendant relayed to Plaintiff that he would not give the Plaintiff a key. 23. Plaintiff was not given a written Notice to Quit regarding the lease agreement. 24. Defendants never sought a complaint for eviction from the apartment. 25. Plaintiff asserts the Defendants used self-help measures to evict the Plaintiff by failing to provide keys to the subject apartment. 26. Plaintiff asserts that the acts of the Defendant caused Plaintiff to become"homeless" forcing Plaintiff to sleep outside. 27. Plaintiff asserts that the acts of the Defendant caused Plaintiff to seek unspecified unconventional shelter.(25-26 will be testified and evidenced at Jury Trial by Dale Corman and Judith Hockenbeny) 28. All of which is in violation of 68 P.S. §§ 250.101-250.602 LANDLORD AND TENANTACT OF 1951"ARTICLE V relating to (recovery and possession) COUNT 4 UNLAWFUL DISTRESS OF PERSONAL PROPERTY 29. In support of the above claim Plaintiff incorporates and re-avers 1-28 as though it were fully set forth at length herein. 30. During the above-mentioned conversation between the Plaintiff and the Defendant the Plaintiff relayed to the Defendant that he needed his cloths and other personal property that was in the subject apartment. 31. The Defendant relayed to the Plaintiff that the Defendant was keeping the Plaintiffs'personal property. 32. The Defendant stated that he is keeping the Plaintiffs'personal property until the Plaintiff pays the Defendant$2,360.44. (see true and correct copy of correspondence attached hereto and marked as"Exhibit C") 33.The Plaintiff relayed that he needs his work cloths and his tools so he can at least work, the request was denied by the Defendant. 34. The denial of allowing the Plaintiff to get his cloths and shoes left the Plaintiff with one pair of jeans, sandals, and a shirt. 35. The Plaintiff wore the above mentioned articles of clothing for weeks until he could slowly buy more clothing and shoes. (33-35 will be testified to and evidenced at jury trial by Dale Corman and Judith Hockenberry) 36. On or about April 5m, 2013 Plaintiff received correspondence from the Defendants attorney regarding the Defendants returning the personal property of the Plaintiff. 37. The list was incomplete and missing a majority of the items(will be testified and evidenced at jury trial by Holly Corman, Plaintiff will prepare an itemized inventory of distressed personal property for discovery). 38. Plaintiff attempted to arrange pick-up of Plaintiffs'personal property the week of April 81, 2013 to April 19m,2013. 39.Plaintiffs' calls were not returned. 40. On or about April 1961,2013 Plaintiff went to the Liberty Holding Company Office on Claremont Road, Carlisle, Pa 17013 and respectfully requested the Defendant(s) return his properck. 41. Mr. Mumma stated he did not know who the Plaintiff was and directed the Plaintiff to contact :he defendants attorney and/or call back to talk to his secretary. 42.All attempts to contact Defendants' attorney and Defendants' secretary were unsuccessful and Plaintiffs calls were not returned. 43.At the time of this complaint the Plaintiff has not received his personal property valued at approximately$25,000.00. 44. All of which is in violation of 68 P.S. §§ 250.101-250.602 LANDLORD AND TENANT ACT OF 1951 Section 250.312. (relating to improper distress of personal property) WHEREFORE, Plaintiff respectfully request that this Honorable Court award$25,000.00 and Grant punitive damages in a manner that reflect the actions of the Defendant. Respectfully Submitted: Paul Walters, "Plaintiff 316 Fairview Street Carlisle.Pa 17013 717-386-3554 RENTAL AGREEMENT THIS AGREEMENT, entered into this 2 Day of April . 2012 , between Liberty Holding Co. hereinafter called OWNER/AGENT and Paul Walters & Holly Orman hereinafter called TENANT. 1. .LOCATION: TENANT leases from OWNER/AGENT an apartment or house No. 305 Which is located at 8 S. Hanover St. In the City of-Carlisle , Township of Carlisle County of Cumberland State of PA Zip 17013 hereinafter called PREMISES. 2. LEASE TERM: The term is a 1 year tenn beginning on the 1 Day of April . 2012 and ending on the _31 Day of March . 201.3 . 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 terns 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 565.00 . The (1) year term shall be a total 12 x 5$ 65.00 or$ 6.780.00 Payments are to be made IN ADVANCE WITHOUT DEMAND Before the Close of Business on the Last Business Day of Each Month. (For example: January's rent is due December 31s1 provided that day is not a Saturday or Sunday.) Rent payments are to be made by cash, check or money order and made payable to: Liberty Holding Co. P.O. Box 158 Carlisle, .PA 17013 4. LATE CHARGE: If payment is not received by the Las_ t Day of the month, there is a late charge imposed of 5% on the 1st Late Fee: 28.25 10% on the 5th Late Fee: 56.50 5. OCCUPANTS: The said PREMISES shall be occupied by no more than 3 Persons (adults and children). Should more persons than stated on this lease be occupying the residence, the monthly rental payment will increase by 75.00 per month for each person. Guests will not be permitted to stay for more than TWO (2) weeks. The OCCUPANTS authorized to reside on PREMISES are: Paul Walters Holly Corman Alycia Walters Initials' (Pa,g e I q f 9) i II 6. KEYS, LOCKS AND SERVICE CHARGES. TENANT has received 2 Apt., 2 Key Cards & 1 mail box In the event that TENANT requests a new key to replace a lost key, TENANT request locks to be re-keyed due to lost keys, or all keys are not returned at the time of termination of agreement, re-keying of the locks and the cost of labor and service call will be charged to TENANT. During normal office hours, there will be a $50.00 service charge to unlock doors or reset circuit breakers. This service charge will increase to $70.00 after office hours. 7. SECURITY DEPOSIT: TENANT has paid a security deposit in the amount of 6$ S S.00 . 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, be removed for default (see item #22), or move without giving thirty (30) days notice, he/she forfeits the security deposit. 8. UTILITIES & SERVICES: TENANT shall be responsible for the payment, costs and care of the following checked utilities and services: UTILITIES:Electric x Gas x Heat x Water/Sewer Trash x SERVICES: Lawn Care Snow Removal CLEANING OF: Sidewalks Hallways 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 of a 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 equipment 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 OWNER/AGENT. Should OWNER/AGENT give consent there will be a pet security deposit of$ N/A . Pet agreement required. Should you bring a pet on the premises subsequent to the lease, there will be a $250.00 minimum charge plus all damage and fumigation expenses. Also, see Section 22 Default Provisions. 10, WASHING MACHINES- No washing machines are to be brought on the PREMISES without prior written consent of OWNER/AGENT. Should OWNER/AGENT give consent there will be an additional charge of N/A per month. Appliance agreement required. (Page 2 of 9) Initials ' It . 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 inust be in SEALED PLASTIC BOROUGH TRASH BAGS and placed in at designated trash area. Trash is to be placed on curbside the evening prior (after 5 PM) for trash pick-up. TENANT is responsible for the cost of removing any bulky items. TENANT is responsible for keeping recyclable items separate from other trash. Recycle bin must be returned to apartment the day of trash pick-up. 13. RETURNED CHECKS: TENANT will pay OWNER/AGENT a 50.00 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 OWNER/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 with hardwood flooring shall cover 75% of flooring with area carpeting. TENANT shall comply with all rules and regulations. TENANT shall complete and sign a TENANT INSPECTION SHEET immediately upon move in as to the conditions of the unit. !fit is not returned, you will be liable for any and all damages. 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. All Tenants must secure minimum 1-,year non-revocable insurance policy� isting Liberty Holding as additional insured. (Page 3 of'9) Initials 18. RELIEF FROM DAMAGES: OWNER/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: OWNER/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 8 AM - 5 PM Monday - Friday. EMERGENCIES should be reported immediately. The phone number for reporting any problems and emergencies is: (717) 243-9610 22. DEFAULT: The TENANT will have defaulted on this agreement if any of the following apply. a. TENANT fails to pay rent or other charges to the OWNER/AGENT. b. TENANT damages the PREMISES. C. TENANT becomes a nuisance to OWNER/AGENT, other tenants or other property owners. d. TENANT fails to comply with all conditions of this agreement, rules & regulations. e. TENANT fails to move themselves and their belongings from the PREMISES at the end of the term. f.. TENANT gives false information on the rental application. g. TENANT abandons the PREMISES. (Page 4 of'9) Initial-O ' , 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 charges 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 judgment 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 occurrence. 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: (l) 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 is 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 this 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 9) lnitials r 28. PROCEDURES FOLLOWING LEASING: (1) Should you fail to return the Tenant Inspection Sheet as presented at the lease signing, you will be responsible for any and all damages. You have five (5) days after move-in to return the sheet. (2) All utilities as presented by lease are to be contracted immediately. We will charge you for all utility usage from the date of the lease along with a 20% surcharge, a minimum of$5.00. (3) Any tenant with hardwood flooring must have 75% of all hardwood floors covered immediately follow move-in. 29. PROCEDURES FOR VACATING: (1) Tenant must provide 30 days written notice beginning on the 1 st 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 be thoroughly cleaned including having the carpets professionally cleaned. If you elect to have the carpets professionally cleaned, you must provide us with a copy of the bill. (5) Upon vacating the Tenant must meet with the Landlord to inspect the premises and return the keys. 30. PROCEDURE FOR DAMAGED OR UNCLEANED APARTMENT. Failure to have the apartment cleaned and undamaged upon move out will obligate you for all rental charges in the following month until the apartment is cleaned and/or repaired. This shall not exceed one (1) month. 31. ADDITIONAL TERMS, CONDITIONS, RIDERS & AMENDMENTS: The terms and conditions in the .riders and amendments indicated below are part of this rental agreement: YES /NO Check-in & Check-out Procedures YES /NO Pet Agreement In Force YES / NO Appliance Agreement YES /NO Emergency Information YES / NO Parking Available (# of spaces _—a—j YES / NO 32. 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. 33. SMOKING: If you smoke or allow smoking on the premises, there will be an automatic $350.00 disinfecting/deodorizing charge. (Page 6 of 9) Initials 0_�k_ All rights and liabilities herein given to or unposed 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 2 Day of April , 2012 . The undersigned TENANT(s)jointly and severally liable understands, agrees to and accepts all conditions imposed. I acknowledge reading this lease and question any part of this lease prior to signing. TENANT DATE_ TENANT DATE O AGENT AA DATE T a 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 9) Initial IMPORTANT NOTICE 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: (l) Fail to make timely payment of rent 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 Judgment 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 Judgment 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 you do not return the Tenant Inspection Sheet, you will be responsible for any and all damages. If electric is not transferred to your name, you will be charge for electric usage plus a 20% surcharge. Paragraph 30: Failure to have apartment cleaned and undamaged upon move out will obligate you for all rental charges in the following month until the apartment is cleaned and repaired. This shall not exceed one (1) month. (Page 8 of 9) Initials {. Paragraph 33: If you smoke or allow smoking on the premises there will be an automatic 50.0 disinfecting/deodorizing charge. 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 RIGHT TO SUE ANY ONE TENANT OR AL,L.OF THE TENANTS FOR VIOLATIONS OF THE LEASE INCLUDING SUING ANY ONE TENANT FOR THE FULL AMOUNT OF THE RENT. ACKNOWLEDGMENT: I, THE UNDERSIGNED TENANT(S) HAVE READ AND UNDERSTAND THE ABOVE DISCLOSURE. r Tenant" Tenant > (Page 9 of 9) Initials 2C Rev. 1014111 Liberty Holding Company P.O. Box 158 Carlisle, PA 17013 (717) 243-9610 SECURITY DEPOSIT May 31,2012 Paul Walters & Holly Corman previous address: 8 S. Hanover St. Apt 305 Carlisle, PA 17013 Your security deposit is held to reconcile any balances due after vacating. An itemization follows below: $ 565.00 Security Deposit Paid Security deposit: Forfeited do to lease being terminated (-565.00) domestic dispute (taken to jail) Minus: l.) Unpaid Rent (10 months) 5,650.00 2.) Unpaid Late Charges 565.00 3.) Repairs and painting 480:00 4.) Apartment Cleaning 120:00 5.) Carpet Cleaning 0.00 6.) Unpaid Water & Sew 0.00 7.) Unpaid Electric 0.00 8.) Key Charge(key card not returned) 65.00 9.) Miscellaneous: Trash disposal 1-40.00 $7,020.00 Amount due upon receipt: $7;020.00 dos Sao a _ _o of it Liberty Holding Company P.O. Box 158 Carlisle, PA 17013 (717) 243-9610 June 1, 2012 Paul Walters 8 South Hanover St.Apt 305 Carlisle, PA 17013 To Whom it May Concern; Paul Walters is owing Liberty Holding Co. $2,360.44 in damages and$$6,215.00 in rent and late fees for the remaining 10 months of the 1 year lease signed on April 1,2012, which was terminated do to violating the rules and regulations which are made a part of the residential lease. Paul's personal property that was left in the apartment at the time of his arrest will remain with us until Paul has paid the total damages of$2,360.44. We will only hold this personal property for 60 days at which time the total balance of the damages must be paid or the personal property will be sold to pay toward the damages still owing and/or disposed if it can not be sold. Sincerely, John E. Mumma Partner 11 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY CARLISLE,PENNSYLVANIA PAUL WALTERS V. DOCKET NO. 12-4716 CIVIL LIBERTY HOLDING COMPANY, JOHN MUMMA VERIFICATION I,Paul Walters verify that the facts set forth in the foregoing"Final Amended Complaint"are true and correct. I also understand that false statements C.S. 4904 relating to unsworn falsifications to authorities. Date: Respectfully Submitted: Paul Walters,Plaintiff 316 Fairview Street Carlisle,Pa 17013 717-386-3554 IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY CARLISLE,PENNSYLVANIA PAUL WALTERS V. DOCKET NO. 12-4716 CIVIL LIBERTY HOLDING COMPANY, JOHN MUMMA CERTIFICATE OF SERVICE AND NOW this 15'day of April, 2013,I Paul Walters hereby certify that I did serve a true_conv of the foregoing NOTICE TO DEFEND AND FINAL AMENDED COMPLAINT,by U.S."Pdstal service or hand-delivery to the following addressed as follows: Dean Reynosa,Esquire/Attorney for Defendants 26 West High Street Carlisle,Pa, 17013 Liberty Holding Company P.O.Box 158 Carlisle,Pa 17013 John Mumma P.O.Box 158 Carlisle,Pa 17013 Date: Signature: Paul Walters 316 Fairview Street Carlisle,Pa, 17013 (717) 386-3554 • • PAUL WALTERS, PENtis)1 t COURT OF COMMON PLEAS OF Plaintiff : CUM RLAND COUNTY, PENNSYLVANIA • v. • DOCKET NO.: 12-4716 — CIVIL • LIBERTY HOLDING • COMPANY and • JOHN MUMMA, • Defendants • DEFENDANTS' PRELIMINARY OBJECTIONS PURSUANT TO PA.R.C.P. NO. 1028 (A) (3) AND NOW, this a day of December, 2013, comes the Defendants by and through their counsel Dean E. Reynosa, Esq., and hereby states as follows in support of these Preliminary Objections: 1. Plaintiff's allegations in paragraphs 8, 9, 11, 13, 14, 18, 19, 20, 21, 22, 26, 27, 30, 31, 32, 33, 40 of his Final Amended Complaint are not stated with sufficient specificity to enable Defendants to prepare a proper defense. 2. Plaintiff uses the terms Defendant and Defendants interchangeably throughout his Final Amended Complaint. 3. Plaintiff does not specifically identify Defendant John Mumma, Defendant Liberty Holding Company or an agent of Defendant Liberty Holding Company. WHEREFORE, Defendants respectfully request that this Honorable Court enter an order sustaining their Preliminary Objections and strike off the Final Amended Complaint, or in the alternative, require Plaintiff to file a more specific pleading. Respectfully Submitted, Date: -.23 f I it< DeaTE. F °r6Sa, Es uire Attey I.D. #80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants PAUL WALTERS, • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA v. • DOCKET NO.: 12-4716 — CIVIL LIBERTY HOLDING COMPANY and • JOHN MUMMA, • Defendants • CERTIFICATE OF SERVICE AND NOW, December , 2013, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of Defendants' Preliminary Objections Pursuant to Pa.R.C.P. No. 1028 (A) (3) upon the following by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail: Paul M. Walters 316 Fairview Street Carlisle, Pennsylvania 17013 Respectfully Submitted, SAIDIS, SULLIVAN & ROGERS Date: X1`02 3 / De E. Reyno quire orney .D. #80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants L E -C=F'1C IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNT' THE PRTHONTA ;1' CARLISLE,PENNSYLVANIA K113 DEC 26 PM I2t 2 CUMBERLANO COUNTY PENNSYLVANIA PAUL WALTERS V. DOCKET NO:12-4716 LIBERTY HOLDING COMPANY, JOHN MUMMA PLAINTIFFS ANSWER TO DEFENDANTS'PRELIMINARY OBJECTIONS Plaintiff, Paul Walters,answers the Defendants' Preliminary objections as follows: L Denied as stated. Plaintiffs allegations in paragraph 8, 9, 11, 13, 14, 18, 19, 20, 21, 22, 26, 27, 30, 31, 32,40 of his Final Amended Complaint are stated concisely and in summary form pursuant to PA.R.C.P.NO. 1019 (a) relating to contents of pleading and general and specific statements.The averments made in Plaintiffs' Final Amended Complaint are short and clearly written using as few words as possible to give the necessary information. Furthermore,greater specificity will not aid the Defendants in answering the complaint. 2. Admitted in part. Defendant's averment that the terms Defendant and Defendants are used "interchangeably" represent a concurrence by the Defendants that, by definition, the terms are capable of being used in place of each other. Furthermore, paragraph 5 of Plaintiffs' Final Amended Complaint states"Liberty Holding Company AND John Mumma, partner of Liberty Holding Company, Hereinafter referred to as DEFENDANT(S)" is sufficient to defer any ambiguousness that the terms Defendant and/or Defendants shall be used in the complaint to reference Liberty Holding Company AND John Mumma simultaneously throughout the complaint. Furthermore,greater specificity will not aid the Defendants in answering the complaint. 3. Denied. Plaintiff specifically identifies John Mumma and Liberty Holding Company as the Defendants in his Final Amended Complaint.Specifically,John Mumma is identified as a partner of Liberty Holding Company in paragraph 5 of the Plaintiffs Final Amended Complaint. He is further identified by exhibit"c"of the Final amended complaint, in which the Defendant endorses his signature as a partner of Liberty Holding Company on correspondence containing a Liberty Holding Company letter head. Liberty Holding Company is specifically identified in paragraph 40 of the Final Amended Complaint. Liberty Holding Company is further specifically identified by exhibit"a","b", and "c" of, the Final Amended Complaint. Furthermore,greater specificity will not aid the Defendants in answering the complaint. WHEREFORE, Plaintiff respectfully requests this court to OVERRULE defendant's preliminary objections,or in the alternative require Plaintiff to file a more specific pleading. Date: /k/104,040.13 Respectfully Submitted: Paul Walters, Plaintiff 316 Fairview Street Carlisle, Pa 17013 IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY CARLISLE, PENNSYLVANIA • PAUL WALTERS V. DOCKET NO: 12-4716 LIBERTY HOLDING COMPANY, JOHN MUMMA CERTIFICATE OF SERVICE AND NOW, December 26, 2013, I Paul Walters certify that I did serve a true and correct copy of PLAINTIFFS ANSWER TO DEFENDANTS' PRELIMINARY OBJECTIONS upon the following by US postal service or Hand-Delivery addressed as follows: Dean Reynosa, Esq 26 W. High Street Carlisle, PA 17013 Liberty Holding Company PO Box 158 Carlisle, PA 17013 • John Mumma PO Box 158 Carlisle, PA 17013 • Date: /4 -/3 Respectfully Submitted: 191t/12- — Paul Walters, Plaintiff 316 Fairview Street Carlisle, Pa 17013 • G-oinan/ f' /t) y lg A 4/7/ Ser kp in Li eNTA r. D.66:14)41- 14,1,44.4k. 64,2illid4 AA; U, hr,t4-41,_‘//4‘3, plG ./7 70 err dam' 44<o,474) _.. r I" • o,/✓eal i�efvG!11 .LjoilicAP4 P%›Gu */G/r'S 141x,Ael. fe.' A.‘ p go: goof, /. 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Ps7�/ a olcktr //a- d / 45Pz l /ko1n1er( ,60/ 1� dox /so Gtrl•flc , /24 /742r 3 jvtin /i�vri►m� r�J4 PA 00,3 /5/ / /Ai ,4x 4, 1 E PROTHONOTARY rHOPYi7�TARY R HAY 15 An 11: 28 CUMBERLANO COUNTY PENNSYLVANIA 'N k PAUL WALTERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW LIBERTY HOLDING COMPANY and JOHN MU MA, Defendants : NO. 12-4716 CIVIL TERM IN RE: MOTION FOR ENTRY OF DEFAULT JUDGMENT PURSUANT TO Pa. R.C.P. NO: 4019 (c)(3) ORDER OF COURT AND NOW, this 27th day of May, 2014, upon consideration of Plaintiffs motion for default judgment for an alleged failure to respond to a request for the production of documents issued against the Defendants, and upon further consideration that Plaintiff has not filed a motion to compel discovery, Plaintiff's motion for a default judgment as a sanction against Defendants is denied, without prejudice for Plaintiff to file a motion to compel discovery. ../Paul M. Walters 316 Fairview Street Carlisle, PA 17013 Plaintiff, pro Se /Dean E. Reynosa, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendants :rc BY THE COURT, Christ lee L. Peck, J. 27. N) 371. .Z Tic' Lw, 7 c 1 C.-0/4/1704-1 4'.S 0/71 � - A-Ai Gvu4/1 ; f6--A/4 v/i/4 r A 70i- kJAL.T6 g S L r6&r7 TY //o%dilyj e'arnral l c , c" fSe-aves 7 4 22ee/S/0-4 Iregarr/; lc/,a//A2/r 0.4✓ecAw5 44v4,1 f:/ . c 1 l/E ii,ia-uI/e Tue. c C` fly/ce /111k Gore) ifd /t 4,ed/ci, alet�/G!/ G� �NG 7�tiG� f�(///A'l//fG�/!� elje4 Senv. / v C+�1� AnSwe'S erk0/ ti/44111111e/d• LWh3 aeo a Acia q `,,./es (of, h-eai,o,446/`fir/.r7/ Wiefehre /hJL/MIs foster � rep4s/!P ,aeG/J tow- fl 4e/tla7/// why 414. W4 ' 1/0/ 5/arono41 Rd Cos , /70%3 1) 0)f,,� f9 22)fi IP ril, fir,901,2 rlaz, /v '/L1°2I77/o// • it I �".1 1'11'l`,DEC23 NI lc:i. PAUL WALTERS, P£NNS)1if.1COURT OF COMMON PLEAS OF Plaintiff : CUM COUNTY, PENNSYLVANIA v. • DOCKET NO.: 12-4716 —CIVIL LIBERTY HOLDING • COMPANY and • JOHN MUMMA, • Defendants DEFENDANTS' PRELIMINARY OBJECTIONS PURSUANT TO PA.R.C.P. NO. 1028 (A) (3) AND NOW, this day of December, 2013, comes the Defendants by and through their counsel Dean E. Reynosa, Esq., and hereby states as follows in support of these Preliminary Objections: 1. Plaintiff's allegations in paragraphs 8, 9, 11, 13, 14, 18, 19, 20, 21, 22, 26, 27, 30, 31, 32, 33, 40 of his Final Amended Complaint are not stated with sufficient specificity to enable Defendants to prepare a proper defense. 2. Plaintiff uses the terms Defendant and Defendants interchangeably throughout his Final Amended Complaint. 3. Plaintiff does not specifically identify Defendant John Mumma, Defendant Liberty Holding Company or an agent of Defendant Liberty Holding Company. WHEREFORE, Defendants respectfully request that this Honorable Court enter an order sustaining their Preliminary Objections and strike off the Final Amended Complaint, or in the alternative, require Plaintiff to file a more specific pleading. Respectfully Submitted, Date: Deaot lkeyr6a, Es uire Attafney I.D. #80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY' THE PROT HON i∎i=,i' CARLISLE,PENNSYLVANIA 7.013 DEC 26 PM 12: It.2 CUMBERLAND COUNTY • PENNSYLVANIA PAUL WALTERS V. DOCKET NO:12-4716 LIBERTY HOLDING COMPANY, JOHN MUMMA PLAINTIFFS ANSWER TO DEFENDANTS'PRELIMINARY OBJECTIONS Plaintiff, Paul Walters,answers the Defendants' Preliminary objections as follows: L Denied as stated. Plaintiffs allegations in paragraph 8,9, 11, 13, 14,18, 19,20,21,22, 26,27,30,31,32,40 of his Final Amended Complaint are stated concisely and in summary form pursuant to PA.R.C.P.NO.1019(a)relating to contents of pleading and general and specific statements.The averments made in Plaintiffs' Final Amended Complaint are short and clearly written using as few words as possible to give the necessary information.Furthermore,greater specificity will not aid the Defendants in answering the complaint. 2. Admitted in part.Defendant's averment that the terms Defendant and Defendants are used "interchangeably"represent a concurrence by the Defendants that, by definition, the terms are capable of being used in place of each other. Furthermore, paragraph 5 of Plaintiffs'Final Amended Complaint states"Liberty Holding Company AND John Mumma,partner of Liberty Holding Company, Hereinafter referred to as DEFENDANT(S)"is sufficient to defer any ambiguousness that the terms Defendant and/or Defendants shall be used in the complaint to reference Liberty Holding Company AND John Mumma simultaneously throughout the complaint. Furthermore,greater specificity will not aid the Defendants in answering the complaint. 3. Denied. Plaintiff specifically identifies John Mumma and Liberty Holding Company as the Defendants in his Final Amended Complaint.Specifically,John Mumma is identified as a partner of Liberty Holding Company in paragraph 5 of the Plaintiffs Final Amended Complaint. He is further identified by exhibit"c"of the Final amended complaint,in which the Defendant endorses his signature as a partner of Liberty Holding Company on correspondence containing a Liberty Holding Company letter head. Liberty Holding Company is specifically identified in paragraph 40 of the Final Amended Complaint. Liberty Holding Company is further specifically identified by exhibit"a","b",and "c"of, the Final Amended Complaint. Furthermore,greater specificity will not aid the Defendants in answering the complaint. WHEREFORE,Plaintiff respectfully requests this court to OVERRULE defendant's preliminary objections,or in the alternative require Plaintiff to file a more specific pleading. Date: //IIab oi,3 Respectfully Submitted: Paul Walters, Plaintiff 316 Fairview Street Carlisle,Pa 17013 • IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY CARLISLE,PENNSYLVANIA PAUL WALTERS V. DOCKET NO. 12-4716 CIVIL LIBERTY HOLDING COMPANY, JOHN MUMMA FINAL AMENDED COMPLAINT AND NOW,Comes Paul Walters,hereinafter referred to as"PLAINTIFF"and in support of the foregoing Final Amended Complaint avers the following: 1. On or about May 15th,2012 Plaintiff was taken to Cumberland County Prison on an alleged domestic dispute. 2. Plaintiff on or about May 27th,2012 was released from Cumberland County Prison after a preliminary hearing. 3. At the time Plaintiff was a resident at 8 South Hanover Street,Apartment 305,Carlisle,Pa 17013. COUNT 1 BREACH OF CONTRACT-LEASE AGREEMENT 4. In support of the above claim Plaintiff incorporates and re-avers 1-3 as though it were fully set forth at length herein. 5. Liberty Holding Company and John Mumma,Partner of Liberty Holding Company,Hereinafter referred to as"DEFENDANT(S)"at the time of the incident leading rise to the above-captioned matter were in a written contract,namely a Rental Agreement(residential lease agreement)for a one-bedroom apartment as addressed above,with the Plaintiff. 6. The Rental Agreement is attached hereto and marked as"Exhibit A". 7. Plaintiff certifies that the attached residential lease is a true and correct copy of the Rental Agreement entered into by the Plaintiff and the Defendants. 8. Plaintiff avers the Defendant breached contract whereas,on an unknown date between May 15th, 2012 and May 27'",2012 the defendant did change locks on the subject apartment and denied Plaintiff entry to subject apartment in therefore breaching paragraph 2 of the Rental Agreement 9. On or about May 27th,2012 Defendants failed to supply plaintiff with new keys when the Plaintiff requested new keys and asserted that the Plaintiff wished to remain a tenant at apartment 305 again breaching paragraph 2 of the Rental Agreement. • 10.Plaintiffs'rent was paid in full until June 1',2012. 11.Defendant further breached Rental Agreement paragraph 20 by Entering premises not authorized per the agreement,Whereas,Defendant entered subject apartment without observing the stipulations of paragraph 20(a),20(b),or 20(c)of the Rental Agreement. COUNT 2 TRESPASS 12.In support of the above claim Plaintiff incorporates and re-avers 1-11 as though it were fully set forth at length herein. 13.On an unknown date between May 15th,2012 and May 27th,2012 Defendants entered or caused/directed other individual(s)acting on behalf of Liberty Holding Company and therefore hereinafter refereed to as"DEFENDANT(S)"to enter the subject apartment. 14.Defendants entered the apartment including the Plaintiffs bedroom,Living room,bathroom, kitchen,and all closets and cabinets for the purpose of removing the Plaintiffs'property, cleaning the apartment,repairing and painting the apartment and trash removal. See true and correct copy of Security Deposit Invoice attached hereto and marked as"Exhibit B". 15.Plaintiff was not notified prior to entry nor did he consent to entry. COUNT 3 ILLEGAL EVICTION 16.In support of the above claim Plaintiff incorporates and re-avers 1-15 as though it were fully set forth at length herein. 17.After the Plaintiffs release from prison On or about May 27th,2012,Plaintiff met in person with the Defendant John Mumma. 18.During the Conversation between the Plaintiff and the Defendant,The Plaintiff relayed to the Defendant that he had lost his keys and needs a replacement set. 19.The Defendant responded that the Plaintiff was no longer welcome as a tenant at the subject apartment,and denied Plaintiff further access to the subject apartment. 20.Plaintiff explained to the Defendant that he wished to remain a tenant at the subject apartment. 21.The Defendant relayed that the locks had been changed. 22.The Defendant relayed to Plaintiff that he would not give the Plaintiff a key. 23.Plaintiff was not given a written Notice to Quit regarding the lease agreement. 24.Defendants never sought a complaint for eviction from the apartment. 25. Plaintiff asserts the Defendants used self-help measures to evict the Plaintiff by failing to provide keys to the subject apartment. A 26.Plaintiff asserts that the acts of the Defendant caused Plaintiff to become"homeless"forcing Plaintiff to sleep outside. . 27. Plaintiff asserts that the acts of the Defendant caused Plaintiff to seek unspecified unconventional shelter.(25-26 will be testified and evidenced at Jury Trial by Dale Corman and Judith Hockenberry) 28.All of which is in violation of 68 P.S. §§250.101-250.602 LANDLORD AND TENANT ACT ' OF 1951"ARTICLE V relating to(recovery and possession) COUNT 4 UNLAWFUL DISTRESS OF PERSONAL PROPERTY 29.In support of the above claim Plaintiff incorporates and re-avers 1-28 as though it were fully set forth at length herein. 30.During the above-mentioned conversation between the Plaintiff and the Defendant the Plaintiff relayed to the Defendant that he needed his cloths and other personal property that was in the subject apartment. 31.The Defendant relayed to the Plaintiff that the Defendant was keeping the Plaintiffs'personal property. 32.The Defendant stated that he is keeping the Plaintiffs'personal property until the Plaintiff pays the Defendant$2,360.44.(see true and correct copy of correspondence attached hereto and marked as"Exhibit C") 33.The Plaintiff relayed that he needs his work cloths and his tools so he can at least work,the request was denied by the Defendant. 34.The denial of allowing the Plaintiff to get his cloths and shoes left the Plaintiff with one pair of jeans,sandals,and a shirt. • 35.The Plaintiff wore the above mentioned articles of clothing for weeks until he could slowly buy more clothing and shoes.(33-35 will be testified to and evidenced at jury trial by Dale Corman and Judith Hockenberry) 36.On or about April 5*,2013 Plaintiff received correspondence from the Defendants attorney regarding the Defendants returning the personal property of the Plaintiff. 37.The list was incomplete and missing a majority of the items(will be testified and evidenced at jury trial by Holly Corman,Plaintiff will prepare an itemized inventory of distressed personal property for discovery). 38.Plaintiff attempted to arrange pick-up of Plaintiffs'personal property the week of April 8'",2013 to April 19th,2013. 39.Plaintiffs'calls were not returned. 40.On or about April 19th,2013 Plaintiff went to the Liberty Holding Company Office on Claremont Road,Carlisle,Pa 17013 and respectfully requested the Defendant(s)return his property. 41.Mr.Mumma stated he did not know who the Plaintiff was and directed the Plaintiff to contact the defendants attorney and/or call back to talk to his secretary. 42.All attempts to contact Defendants'attorney and Defendants'secretary were unsuccessful and Plaintiffs calls were not returned. 43.At the time of this complaint the Plaintiff has not received his personal property valued at approximately$25,000.00. 44. All of which is in violation of 68 P.S. §§250.101-250.602 LANDLORD AND TENANT ACT OF 1951 Section 250.312.(relating to improper distress of personal property) WHEREFORE,Plaintiff respectfully request that this Honorable Court award$25,000.00 and Grant punitive damages in a manner that reflect the actions of the Defendant. Respectfully Submitted: 4i 4/ zS /3 Paul Walters,Plaintiff • 316 Fairview Street Carlisle,Pa 17013 717-386-3554 ti's'/G/17/sow �s ,c.,o#,44/ / e wmg'e 4 wAv aM>2/ 9 2 \p4 /V/u ./err; /o// - gym ind PAUL WALTERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW LIBERTY HOLDING COMPANY and JOHN MUMMA, Defendants : NO. 12-4716 CIVIL TERM IN RE: PLAINTIFF'S REQUEST FOR DECISION REGARDING PRELIMINARY OBJECTIONS PURSUANT TO Pa. R.C.P. 1028(c)(2)/Pa. R.C.P. 1034 ORDER OF COURT AND NOW, this 10th day of June, 2014, upon consideration of Plaintiff's Request for Decision Regarding Preliminary Objections Pursuant to Pa. R.C.P. 1028(c)(2)/Pa. R.C.P. 1034, and Plaintiff asking in that request that this matter be listed for Argument Court, Plaintiff's request shall be considered as a praecipe to list the matter for Argument Court. This matter shall be heard in Argument Court on August 15, 2014, provided, however, that Plaintiff must pay any necessary fees to the Prothonotary's Office for listing the matter by July 25, 2014. BY THE COURT, Xaul M. Walters 316 Fairview Street Carlisle, PA 17013 Plaintiff, pro Se Sean E. Reynosa, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendants Chris lee L. Peck, J. Cumberland County Prothonotary's Office :rcCop s 'es Oat L c -t( c5 c PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the nextC f.f.frt, Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Paul Walters VS. Liberty Holding Company, John Mumma No. 4716 12 lre 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Paul Walters,Pro Se (Name and Address) 316 Fairview Street, Carlisle, Pa 17013 (b) for defendants: Dean- Reynosa, Esq. (Name and Address) 26 West High Street, Carlisle, Pa 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: August 15,2014 Date: July3, 2014 Signa Tint your name Paul Walters, Pro Se Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. 37f: 7 o' c4sk /zi3671t8' • PAUL WALTERS, • IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYWANA• v. • DOCKET NO.: 12-4716 — CIVILF, c ri =x) r- 17, LIBERTY HOLDING : v)�' co ° COMPANY andCD JOHN MUMMA, : zr; Defendants • p --t JOINT MOTION TO CONTINUE ARGUMENT COURT AND NOW, this 31st day of July, 2014, comes the Defendants by and through their counsel Dean E. Reynosa, Esq., and hereby states as follows in support of: 1. Plaintiff Paul Walters in the above matter is pro se. 2. Defendants Liberty Holding Company and John Mumma are represented by undersigned counsel. 3. Plaintiff filed a Praecipe for Listing Case for Argument Court on July 3, 2014. 4. Argument in the above case is currently scheduled for August 15, 2014. 5. The parties desire additional time to discuss this matter in order to further negotiate and determine if a non-trial disposition is possible. 6. Plaintiff joins in this motion by way of the attached Statement of Concurrence. WHEREFORE, the parties jointly request that argument in this case be continued for thirty (30) days. Respectfully Submitted, Date: De ` t RReyl .•a, Esquire Attorney I.D. #8' 40 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants Tecta America 843-225-4987 p.2 • i . PAUL WALTERS, IN THE COL RT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA v. • DOCKET NO.: 12-4716-CIVIL LIBERTY HOLDING •• COMPANY and • JOHN MUMMA, • Defendants STATEMENT OF CONCURRENCE I, Paul Walters, Plaintiff, sabmit this statemert to inform the Court that I concur with the Joint Motion to Continue Argument Court. Date: 7-3/- /9 PX.4-71(e- _-__:Pau14aintiff • • • PAUL WALTERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO.: 12-4716 — CIVIL LIBERTY HOLDING : COMPANY and : JOHN MUMMA, : Defendants : CERTIFICATE OF SERVICE AND NOW, July 31 , 2014, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the Joint Motion to Continue Argument Court upon the following by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail: Paul M. Walters 316 Fairview Street Carlisle, Pennsylvania 17013 Respectfully Submitted, SAIDIS, S LIVAN & ROGERS Date: -7 >l N Dn E. Reynos:, Esquire Aftorney I.D. #80.40 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants PAUL WALTERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO.: 12-4716— CIVIL LIBERTY HOLDING COMPANY and JOHN MUMMA, Defendants ORDER OF COURT AND NOW, this yam, day of/ 014, upon consideration of the Joint Motion to Continue Argument Court, said Motion is Granted. The Argument Court currently scheduled for August 15, 2014, is continued to thea day of 2014. Distribution: ✓ Dean E. Reynosa, Esquire 26 W. High Street Carlisle, PA 17013 ✓ Paul M. Walters 316 Fairview Street Carlisle, PA 17013 T/1y.=re) By the Court, 2 J. aq 4 PAUL WALTERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW LIBERTY HOLDING COMPANY and JOHN MUMMA, Defendants : NO. 12-4716 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS PURSUANT TO Pa. R.C.P. 1028 (A) (3) ORDER OF COURT AND NOW, this 26th day of September, 2014, upon consideration of Defendant's Preliminary Objections Pursuant to Pa. R.C.P. 1028 (A) (3) and following oral argument held on September 26, 2014, it is hereby ordered that Defendant's Final Amended Complaint is hereby stricken. The Plaintiff is granted leave within 20 days of today's date, to file an amended complaint specifying which Defendant the Plaintiff is referring to in his allegations at Count 3, paragraphs 17-24. BY THE COURT, Paul M. Walters 316 Fairview Street Carlisle, PA 17013 Plaintiff, pro Se E. Reynosa, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendants :rc Co 4 1.12-. (i/P9A9 Christyiee L. Peck, J. GO. --0 N.) 1/4.0 -r, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY CARLISLE, PENNSYLVANIA PAUL WALTERS V. DOCKET NO 12-4-716. LIBERTY HOLDING COMPANY, -OZ r- Zi JOHN MUMMA -= FINAL AMENDED COMPLAINT o :zp . AND NOW, Comes Paul Walters, hereinafter referred to as "PLTffiF' fid, in support of the foregoing Final Amended Complaint avers the follovtng t 1. On or about May 15`,2012 Plaintiff was taken to Cumberland County Prison on an alleged domestic dispute. 2. Plaintiff on or about May 27', 2012 was released from Cumberland County Prison after a preliminary hearing. 3. At the time Plaintiff was a resident at * South Hanover Street,Apartment 305, Carlisle, Pa 17013. COUNT 1 BREACH OF CONTRACT-LEASE AGREEMENT 4. In support of the above claim Plaintiff incorporates and re-avers 1-3 as though it were fully set forth at length herein. 5. Liberty Holding Company and John Mumma, Partner of Liberty holding Company, Hereinafter referred to as "DEFENDANT(S)" at the time of the incident leading rise to the above-captioned matter were in a written contract, namely a Rental Agreement (residential lease agreement) for a one-bedroom apartment as addressed above, with the Plaintiff. 6. The rental Agreement is attached hereto and marked as "Exhibit A". 7. Plaintiff certifies that the attached residential lease is a true and correct copy of the Rental Agreement entered into by the Plaintiff and the Defendants. 8. Plaintiff avers the Defendant breached contract whereas, on an unknown date between May 15v',2012 and May 2r, 2102 the defendant did change locks on the subject apartment and denied Plaintiff entry to subject apartment in therefore breaching paragraph 2 of the Rental Agreement. 9. On or about May 27`x, 2012 defendants failed to supply plaintiff with new keys when the plaintiff requested new keys and asserted that the plaintiff wished to remain a tenant at apartment 305 again breaching paragraph 2 of the Rental Agreement. I O.Plaintiffs' rent was paid in full until June 1", 2012. 11.Defendant further breached Rental Agreement paragraph 20 by entering premises not authorized per the agreement, Whereas, Defendant entered subject apartment without observing the stipulations of Paragraph 20 (a), 20(b), or 20(c) of the COUNT 2 TRESPASS 12.In support of the above claim Plaintiff incorporates and re-avers 1-11 as though it were fully set forth at length herein. 13.On an unknown date between May 15°i, 2012 Defendants entered or caused/directed other individual(s) acting on behalf of Liberty Holding Company and therefore hereinafter referred to as "Defendant(s) to enter the subject apartment. 14.Defendants entered the apartment including the Plaintiffs' bedroom, living room, bathroom,kitchen, and all closets and cabinets for the purpose of removing the Plaintiffs' property, cleaning the apartment, repairing and painting the apartment and trash removal. See true and correct copy of Security Deposit Invoice attached hereto and marked as "Exhibit B". 15.Plaintiffwas not notified prior to entry nor did he consent to entry. COUNT 3 ILLEGAL EVICTION 16.In support of the above claim Plaintiff incorporates and re-avers 1-15 as though it were fully set forth at length herein. 17.After the Plaintiffs' release from prison on or about May 27`,2012 Plaintiff met in person with Defendant,John Mumma whom at all times herein acted in individual capacity and as a partner of Liberty Holding Company, and is furthermore, referenced to herein as "John Mumma". 18.On or about May 27', 2012 the Plaintiff and John Mumma had a conversation and the Plaintiff relayed to John Mumma that the Plaintiff had lost his keys and the Plaintiff needed a replacement set of keys. 19.John Mumma informed the Plaintiff that the Plaintiff was no longer welcome as a tenant at the subject apartment, and John Mumma denied Plaintiff further access to the subject apartment. 20.Plaintiff explained to John Mumma that he wished to remain a tenant at the subject apartment. 21.John Mumma relayed that the locks had been changed to the subject apartment. 22.John Mumma relayed to Plaintiff that he would not give the Plaintiff key. 23.Plaintiffwas not given a written Notice to Quit regarding the subject apartment. 24.Liberty Holding Company nor John Mumma sought a complaint for eviction from the subject apartment. 25.Plaintiff asserts the Defendants used self-help measures to evict the Plaintiff by failing to provide keys to the subject apartment. 26.Plaintiff asserts that the acts of the Defendant caused Plaintiff to become "homeless" forcing Plaintiff to sleep outside. 27.Plaintiff asserts that the acts of the defendant caused plaintiff to seek unspecified unconventional shelter. (25-26 will be testified and evidenced at jury trial by Dale Corman and Judith Hockenberry) 28.All of which is in violation of 68 P.S. § 250.101-250.602 "LANDLORD AND COUNT 4 UNLAWFUL DISTRESS OF PERSONAL PROPERTY 29.In support of the above claim Plaintiff incorporates and re-avers 1-28 as though it were fully set forth at length herein. 30.During the above-mentioned conversation between the Plaintiff and John Mumma the Plaintiff relayed to john Mumma that the Plaintiff needed his cloths and other personal property that was in the subject apartment. 31.John Mumma relayed to the Plaintiff that the Defendant was keeping the Plaintiffs' personal property. 32.John Mumma stated that he is keeping the Plaintiffs' personal property until the Plaintiff pays the Defendant $2,360.44. (see true and correct copy of correspondence attached hereto and marked as "Exhibit C"). 33.The Plaintiff relayed that he needs his work cloths and his tools so he can at least work, the request was denied by John Mumma. 34.The denial of allowing the Plaintiff to get his cloths and shoes left the Plaintiff with one pair of jeans, sandals and a shirt. 35.The Plaintiff wore the above mentioned articles of clothing for weeks until he could slowly buy more clothing and shoes. (33-35 will be testified to and evidenced at jury trail by Dale Corman and Judith Hockenberry). 36.On or About April 15`x', 2013 Plaintiff received correspondence from the Defendants' attorney regarding the Defendants returning the personal property of the Plaintiff. 37.The list was incomplete and missing a majority of the items. ( will be testified and evidenced at jury trial by Holly Corman, Plaintiff will prepare an itemized inventory of distressed personal property for discovery). 3 8.Plaintiff attempted to arrange pick-up of plaintiffs' personal property the week of April 8h, 2013 to April 19'h, 2013. 39.Plaintiffs' calls were not returned. 40.On or about April 19', 2013 plaintiff went to the Liberty Holding Company Office on Claremont Road, Carlisle, Pa 17013 and respectfully requested the Defendant(s) return his property 41.John Mumma stated he did not know who the Plaintiff was and directed the Plaintiff to contact the Defendants attorney and/or call back to talk to his secretary. 42.All attempts to contact Defendants attorney and Defendants' secretary were unsuccessful and Plaintiffs' calls were not returned. 43.At the time of this complaint the plaintiff has not received his personal property valued at approximately $25,000.00. 44.All of which is in violation of 68 P.S. § 250.101- 250.602 "LANDLORD AND TENANT ACT OF 1951" Section 250.312 (relating to improper distress of personal property). WHEREFORE, Plaintiff respectfully request that this Honorable Court award $25,000.00 and Grant punitive damages in a manner that reflect the actions of Defendant. Respectfully Submitted: dw�� Paul Walters, Plaintiff 316 Fairview Street Carlisle, Pa 17013 843-471-3488 DATE: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY CARLISLE, PENNSYLVANIA PAUL WALTERS V. DOCKET NO 12-4716 LIBERTY HOLDING COMPANY, JOHN MUMMA CERTIFICATE OF SERVICE AND NOW, this 15`' day of October, 2014 I, Paul Walters hereby certify that I did serve or cause to be served a true copy of the foregoing NOTICE TO DEFEND AND FINAL AMENDED COMPLAINT, by U.S. Postal Service or hand delivery to the following addressed as follows: Dean Reynosa, Esq.,Attorney for Defendants 26 West High Street Carlisle, PA 17013 Respectfully Submitted: Paul Walters, Plaintiff 316 Fairview Street Carlisle, Pa 17013 843-471-3488 DATE: /D /S- /y IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY CARLISLE, PENNSYLVANIA PAUL WALTERS V. DOCKET NO 12-4716 LIBERTY HOLDING COMPANY, JOHN MUMMA VERIFICATION I, Paul Walters verify that the facts set forth herein the foregoing "Final Amended Complaint" are true and correct. I also understand that false statements contained herein are subject to C.S. 4904 relating to unsworn falsifications to authorities. Respectfully Submitted: lw�ll(IW62 Paul Walters, Plaintiff 316 Fairview Street Carlisle, Pa 17013 843471-3488 DATE: Id-IS-431 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY CARLISLE, PENNSYLVANIA PAUL WALTERS V. DOCKET NO 12-4716 LIBERTY HOLDING COMPANY, JOHN MUMMA To: Liberty Holding Company, John Mumma Date of Notice: 11/17/2014 IMPORTANT NOTICE --- - " 7 t, YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO EN I ER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 vAi:5; 11-17-44 Pau lters, laintiff 16 Fairview Street Carlisle, PA 17013 (843) 471-3488 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY CARLISLE, PENNSYLVANIA PAUL WALTERS V. DOCKET NO 12-4716 LIBERTY HOLDING COMPANY, JOHN MUMMA FINAL AMENDED COMPLAINT AND NOW, Comes Paul Walters, hereinafter referred to as "PLAINTIFF' and in support of the foregoing Final Amended Complaint avers the following: 1. On or about May 15'11,2012 Plaintiff was taken to Cumberland County Prison on an alleged domestic dispute. 2. Plaintiff on or about May 27th, 2012 was released from Cumberland County Prison after a preliminary hearing. 3. At the time Plaintiff was a resident at * South Hanover Street, Apartment 305, Carlisle, Pa 17013. COUNT 1 BREACH OF CONTRACT -LEASE AGREEMENT 4. In support of the above claim Plaintiff incorporates and re -avers 1-3 as though it were fully set forth at length herein. 5. Liberty Holding Company and John Mumma, Partner of Liberty holding Company, Hereinafter referred to as "DEFENDANT(S)" at the time of the incident leading rise to the above -captioned matter were in a written contract, namely a Rental Agreement (residential lease agreement) for a one -bedroom apartment as addressed above, with the Plaintiff. 6. The rental Agreement is attached hereto and marked as "Exhibit A". 7. Plaintiff certifies that the attached residential lease is a true and correct copy of the Rental Agreement entered into by the Plaintiff and the Defendants. 8. Plaintiff avers the Defendant breached contract whereas, on an unknown date between May 15th,2012 and May 27th, 2102 the defendant did change locks on the subject apartment and denied Plaintiff entry to subject apartment in therefore breaching paragraph 2 of the Rental Agreement. 9. On or about May 27th, 2012 defendants failed to supply plaintiff with new keys when the plaintiff requested new keys and asserted that the plaintiff wished to remain a tenant at apartment 305 again breaching paragraph 2 of the Rental Agreement. 10.Plaintiffs' rent was paid in full until June 1", 2012. 11.Defendant further breached Rental Agreement paragraph 20 by entering premises not authorized per the agreement, Whereas, Defendant entered subject apartment without observing the stipulations of Paragraph 20 (a), 20(b), or 20(c) of the Rental Agreement. COUNT 2 TRESPASS 12.In support of the above claim Plaintiff incorporates and re -avers 1-11 as though it were fully set forth at length herein. 13.On an unknown date between May 15th, 2012 Defendants entered or caused/directed other individual(s) acting on behalf of Liberty Holding Company and therefore hereinafter referred to as "Defendant(s) to enter the subject apartment. 14.Defendants entered the apartment including the Plaintiffs' bedroom, living room, bathroom,kitchen, and all closets and cabinets for the purpose of removing the Plaintiffs' property, cleaning the apartment, repairing and painting the apartment and trash removal. See true and correct copy of Security Deposit Invoice attached hereto and marked as "Exhibit B". 15.Plaintiff was not notified prior to entry nor did he consent to entry. COUNT 3 ILLEGAL EVICTION 16.In support of the above claim Plaintiff incorporates and re -avers 1-15 as though it were fully set forth at length herein. 17.After the Plaintiffs' release from prison on or about May 27`h,2012 Plaintiff met in person with Defendant,John Mumma whom at all times herein acted in individual capacity and as a partner of Liberty Holding Company, and is furthermore, referenced to herein as "John Mumma". 18.On or about May 27th, 2012 the Plaintiff and John Mumma had a conversation and the Plaintiff relayed to John Mumma that the Plaintiff had lost his keys and the Plaintiff needed a replacement set of keys. 19.John Mumma informed the Plaintiff that the Plaintiff was no longer welcome as a tenant at the subject apartment, and John Mumma denied Plaintiff further access to the subject apartment. 20.Plaintiff explained to John Mumma that he wished to remain a tenant at the subject apartment. 21.John Mumma relayed that the locks had been changed to the subject apartment. 22.John Mumma relayed to Plaintiff that he would not give the Plaintiff a key. 23.Plaintiff was not given a written Notice to Quit regarding the subject apartment. 24.Liberty Holding Company nor John Mumma sought a complaint for eviction from the subject apartment. 25.Plaintiff asserts the Defendants used self-help measures to evict the Plaintiff by failing to provide keys to the subject apartment. 26.Plaintiff asserts that the acts of the Defendant caused Plaintiff to become "homeless" forcing Plaintiff to sleep outside. 27.Plaintiff asserts that the acts of the defendant caused plaintiff to seek unspecified unconventional shelter. (25-26 will be testified and evidenced at jury trial by Dale Corman and Judith Hockenberry) 28.A1l of which is in violation of 68 P.S. § 250.101-250.602 "LANDLORD AND TENANT ACT OF 1951" ATICLE V (relating to recovery and possession). COUNT 4 UNLAWFUL DISTRESS OF PERSONAL PROPERTY 29.In support of the above claim Plaintiff incorporates and re -avers 1-28 as though it were fully set forth at length herein. 30.During the above-mentioned conversation between the Plaintiff and John Mumma the Plaintiff relayed to john Mumma that the Plaintiff needed his cloths and other personal property that was in the subject apartment. 31.John Mumma relayed to the Plaintiff that the Defendant was keeping the Plaintiffs' personal property. 32.John Mumma stated that he is keeping the Plaintiffs' personal property until the Plaintiff pays the Defendant $2,360.44. (see true and correct copy of correspondence attached hereto and marked as "Exhibit C"). 33.The Plaintiff relayed that he needs his work cloths and his tools so he can at least work, the request was denied by John Mumma. 34.The denial of allowing the Plaintiff to get his cloths and shoes left the Plaintiff with one pair of jeans, sandals and a shirt. 35.The Plaintiff wore the above mentioned articles of clothing for weeks until he could slowly buy more clothing and shoes. (33-35 will be testified to and evidenced at jury trail by Dale Corman and Judith Hockenberry). 36.0n or About April 15th, 2013 Plaintiff received correspondence from the Defendants' attorney regarding the Defendants returning the personal property of the Plaintiff. 37.The list was incomplete and missing a majority of the items. ( will be testified and evidenced at jury trial by Holly Corman, Plaintiff will prepare an itemized inventory of distressed personal property for discovery). 38.Plaintiff attempted to arrange pick-up of plaintiffs' personal property the week of April 8th, 2013 to April 19th, 2013. 39.Plaintiffs' calls were not returned. 40.0n or about April 19th, 2013 plaintiff went to the Liberty Holding Company Office on Claremont Road, Carlisle, Pa 17013 and respectfully requested the Defendant(s) return his property 41.John Mumma stated he did not know who the Plaintiff was and directed the Plaintiff to contact the Defendants attorney and/or call back to talk to his secretary. 42.All attempts to contact Defendants attorney and Defendants' secretary were unsuccessful and Plaintiffs' calls were not returned. 43.At the time of this complaint the plaintiff has not received his personal property valued at approximately $25,000.00. 44.Al1 of which is in violation of 68 P.S. § 250.101- 250.602 "LANDLORD AND TENANT ACT OF 1951" Section 250.312 (relating to improper distress of personal property). WHEREFORE, Plaintiff respectfully request that this Honorable Court award $25,000.00 and Grant punitive damages in a manner that reflect the actions of Defendant. Respectfully Submitted: Paul Walters, Plaintiff 316 Fairview Street Carlisle, Pa 17013 843-471-3488 DATE: f0 -/5-,20/67 RENTAL AG REEMENT THIS AGREEMENT, entered into this lay of April . 2011_, between Liberty Ho[dipg Co. hereinafter called OWNER/AGENT and Paul .Walters & Holly Comm hereinafter called TENANT. 1. LOCATION: TENANT leases from OWNER/AGENT an apartment or house No. 305 Which is located at 8 S. 'Hanover St. In the City of Carlisle , Township of Carlisle County of Cumberland State of PA ,Zip 17013 hereinafter called PREMISES. 2. LEASE TERM: The term is a 1 year term beginning on the 1 Day of April . 2012 and ending on the _al Day of March . 2013. Either partymay 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 $ .565.00 . The (1) year term shall be a total 12 x $ 565.00 or $ 6.780.0Q Payments are to be made IN ADVANCE WITHOUT DEMAND f elore tale Close of Business on the Last Business Day of Each Month. (For example: January's rent is due December 314E provided that day is not a Saturday or Sunday.) Rent payments are to be made by cash, check or money order and made payable to: Liberty Holding Co. 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: $_28,25 10% on the 5th Late Fee: $ 56.50 5. OCCUPANTS: The said PREMISES shall,be occupied. by no more than 3 Persons (adults and children). Should more persons than stated on this lease be occupying the residence, the monthly rental payment will increase by $15.00 per month for each person. Guests will not be permitted to stay for more than TWO (2) weeks. The OCCUPANTS authorized to reside on PREMISES are: Paul Walters Holly Corman Alycia Walters Initials:; 9:fl.° (Page 1 of 9) 18. RELIEF FROM DAMAGES: OWNER/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: OWNER/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 8 AM - 5 PM Monday - Friday. EMERGENCIES should be reported immediately. The phone number for reporting any problems and emergencies is: (717) 243-9610 22. DEFAULT: The TENANT will have defaulted on this agreement if any of the following apply: a. TENANT fails to pay rent or other charges to the OWNER/AGENT. b. TENANT damages the PREMISES. c. TENANT becomes a nuisance to OWNER/AGENT, other tenants or other property owners. d. TENANT fails to comply with all conditions of this agreement, rules & regulations. e. TENANT fails to move themselves and their belongings from the PREMISES at the end of the term. f. TENANT gives false information on the rental application. g. TENANT abandons the PREMISES. (Page 4 of 9) Initial 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 charges 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 judgment 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 occurrence. 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 is ready for occupancy. OWNER/ AGENT shall not be liable to TENANT for damages due to inability to give possession to TENANT. 27. ILLEGALIUNENFORCEABLE LEASE CONDITIONS: Should any court determine any condition within this 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 9) Initials 28. PROCEDURES FOLLOWING LEASING: Should you fail to return the Tenant Inspection Sheet as presented at the lease signing, you will be responsible for any and all damages. You have five (5) days after move -in to return the sheet. All utilities as presented by lease are to be contracted immediately. We will charge you for all utility usage from the date of the lease along with a 20% surcharge, a minimum of $5.00. Any tenant with hardwood flooring must have 75% of all hardwood floors covered immediately follow move -in. 29. 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 be thoroughly cleaned including having the carpets professionally cleaned. If you elect to have the carpets professionally cleaned, you must provide us with a copy of the bill. (5) Upon vacating the Tenant must meet with the Landlord to inspect the premises and return the keys. 30. PROCEDURE FOR DAMAGED OR UNCLEANED APARTMENT: Failure to have the apartment cleaned and undamaged upon move out will obligate you for all rental charges in the following month until the apartment is cleaned and/or repaired. This shall not exceed one (1) month. 31. ADDITIONAL TERMS, CONDITIONS, RIDERS & AMENDMENTS: The terms and conditions in the riders and amendments indicated below are part of this rental agreement: YES / NO Check-in & Check-out Procedures YES / NO Pet Agreement In Force YES / NO Appliance Agreement YES / NO Emergency Information YES / NO Parking Available (# of spaces 0 ) YES / NO 32. 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. 33. SMOKING: If you smoke or allow smoking on the premises, there will be an automatic $350.00 disinfecting/deodorizing charge. (Page 6 of 9) Initia 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 _ . Day of April ,120.2 . The undersigned TENANT(s) jointly and severally liable understands, agrees to and accepts all conditions imposed. I acknowledge reading this lease and question any part of this lease prior to signing. TENANT �I /✓?/�j/ DATE_ 2 -�2.- TENANT SAO DATE C.� - 'Jl`L O AGE £1u DATE T (a I 1 a- TIUIRD 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 9) Initial IMPORTANT NOTICE 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 rent 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 Judgment 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 Judgment 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 you do not return the Tenant Inspection Sheet, you will be responsible for any and all damages. If electric is not transferred to your name, you will be charge for electric usage plus a 20% surcharge. Paragraph 30: Failure to have apartment cleaned and undamaged upon move out will obligate you for all rental charges in the following month until the apartment is cleaned and repaired. This shall not exceed one (1) month. (Page 8 of 9) Initials_,�vc. Liberty Holding Company P.O. Box 158 Carlile, PA 17013 (717) 243-9610 SECURITY DEPOSIT May 31,2012 Paul Walters & Holly Corman previous address: 8 S. Hanover St Apt 305 Carlisle, PA 17013 Your security deposit is held to reconcile any balances due after vacating. An itemization follows below: $ 565.00 Security Deposit Paid Security deposit: Forfeited do to lease being terminated (-565.00) domestic dispute .(taken to jail) Minus: 1.) Unpaid Rent (10 months) 5,650.00 2.) Unpaid Late Charges 565.00 3) Repairs and painting 480:00 4.) Apartment Cleaning :•120:00 5.) Carpet Cleaning 0.00 6.) Unpaid Water & Sew 0.00 7.) Unpaid Electric 0.00 8.) Key Charge(key card not returned) ::65.00 9.) Miscellaneous: Trash disposal .. _1:40.00 $7,020.00 Amount due upon receipt: $7,020.00 720."41r*„. I,ao P, Is vitivuur 4 1 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY CARLISLE, PENNSYLVANIA PAUL WALTERS V. LIBERTY HOLDING COMPANY, JOHN MUMMA DOCKET NO 12-4716 Verification I, Paul Walters verify that the facts set forth in the foregoing " Final Amended Complaint" are true and correct. I also understand that any false statements contained herein are subject to the penalties of C.S. 4904 relating to unsworn falsifications to authorities. Date: /0- r.S-- /V Respectfully Submitted, Paul Walters, Plaintiff 316 Fairview Street Carlisle, PA 17013 (843) 471-3488 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY CARLISLE, PENNSYLVANIA PAUL WALTERS V. DOCKET NO 12-4716 LIBERTY HOLDING COMPANY, JOHN MUMMA Certificate of Service AND NOW, November 17, 2014, I Paul Walters, hereby certify that I did serve a true and correct copy of the Important Notice (10 day default notice) and Final Amended Complaint upon the following by U.S. Postal service or Hand -Delivery addressed as follows: Dean Reynosa, Esquire Attorney for Defendant(s) 26 West High Street Carlisle, PA 17013 Date: //— / 7-/y Respectfully Submitted, Paul Walters, Plaintiff 316 Fairview Street Carlisle, PA 17013 (843) 471-3488 PAUL WALTERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO.: 12-4716 — CIVIL LIBERTY HOLDING COMPANY and JOHN MUMMA, Defendants NOTICE TO PLEAD To: Paul M. Walters 316 Fairview Street Carlisle, PA 17013 You are hereby notified to file a response to the enclosed Answer to Plaintiffs Final Amended Complaint with New Matter and Counter Claim within twenty (20) days from service hereof, or a default judgment may be entered against you. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Dated: 36-1.(& Dea E. 'e osa, Esquire Attorney I.D. o. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants PAUL WALTERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO.: 12-4716 — CIVIL LIBERTY HOLDING COMPANY and JOHN MUMMA, Defendants ANSWER TO PLAINTIFF'S FINAL AMENDED COMPLAINT WITH NEW MATTER AND COUNTER CLAIM AND NOW come Defendants John Mumma and Liberty Holding Company, by their attorney Dean E. Reynosa, Esquire, of the law firm of Saidis, Sullivan & Rogers, and hereby state as follows: 1. Admit upon information and belief. 2. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter. 3. Admitted in part and denied in part. It is admitted that Plaintiff was a resident at 8 South Hanover Street prior to his alleged arrest. The balance of this averment is denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter BREACH OF CONTRACT 4. Defendants incorporate their responses to the foregoing paragraphs as though if fully set forth at length herein. 5. Denied. The lease is written document that speaks for itself. To the extent that a response is required, the averments of this paragraph state legal conclusions to which no response is required. 6. Admitted. 7. Denied. The averments of this paragraph state legal conclusions to which no response is required. Additionally, the alleged lease is a written document that speaks for itself. 8. Denied. The averments of this paragraph state legal conclusions to which no response is required. The locks were changed as a result of the Carlisle Police Department having to breach the door in order to respond to the alleged domestic dispute referred to in paragraph 1 of Plaintiffs' Complaint which created an emergency situation. 9. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter. Defendant John Mumma does not recall Plaintiff requesting the keys. 10. Admitted with further explanation. It is admitted that the rent for the apartment was paid for April and May of 2012. It is noted that Plaintiff was responsible for significant damage to the apartment. 11. Denied. The averments of this paragraph state legal conclusions to which no response is required. To the extent that a response is required, an emergency situation existed as a result of the Carlisle Police Department responding to the residence and breaching the door to arrest Plaintiff. Additionally, Plaintiff's co -tenant authorized Defendants' entry into the apartment after the emergency situation that was created by Plaintiff's arrest. WHEREFORE, Defendants requests that Plaintiff's Final Amended Complaint be dismissed with prejudice and a judgment entered in Defendants' favor COUNT 2 TRESSPASS 12. Defendants incorporate their responses to the foregoing paragraphs as though if fully set forth at length herein. 13. Admitted with further information. An emergency situation existed as a result of the Carlisle Police Department responding to the residence and breaching the door to arrest Plaintiff. The apartment was not able to be secured after the door had been breached and broken. Additionally, Plaintiffs co -tenant authorized Defendants' entry into the apartment after the emergency situation that was created by Plaintiff's arrest. 14. Denied as stated. The residence and belongings had to be secured since the door was damaged and could not be secured as a result of the Carlisle Police Department's having to breach to the door in order to respond to the alleged domestic dispute referred to in paragraph 1 of Plaintiffs Complaint. Additionally, Exhibit B is a written document that speaks for itself. 15. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter. To the extent that a response is required, an emergency situation existed as a result of the Carlisle Police Department responding to the residence and breaching the door to arrest Plaintiff. Additionally, Plaintiff's co -tenant authorized Defendants' entry into the apartment after the emergency situation that was created by Plaintiff's arrest. WHEREFORE, Defendants requests that Plaintiff's Final Amended Complaint be dismissed with prejudice and a judgment entered in Defendants' favor. COUNT 3 ILLEGAL EVICTION 16. Defendants incorporate their responses to the foregoing paragraphs as though if fully set forth at length herein. 17. Admitted with further explanation. It is admitted that Plaintiff met with Defendant John Mumma sometime prior to June 1, 2012, but the exact date is not recalled. 18. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter. Defendant John Mumma does not recall the substance of any discussions with Plaintiff. 19. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter. Defendant John Mumma does not recall the substance of any discussions with Plaintiff. 20. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter. Defendant John Mumma does not recall the substance of any discussions with Plaintiff. 21. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter. Defendant John Mumma does not recall the substance of any discussions with Plaintiff. 22. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter. Defendant John Mumma does not recall the substance of any discussions with Plaintiff. 23. Denied. The averment of this paragraph states a legal conclusion to which no response is required. 24. The record speaks for itself. 25. Denied. The averments of this paragraph state legal conclusions to which no response is required. 26. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter. 27. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter. 28. Denied. The averments of this paragraph state legal conclusions to which no response is required. WHEREFORE, Defendants requests that Plaintiff's Final Amended Complaint be dismissed with prejudice and a judgment entered in Defendants' favor. COUNT 4 UNLAWFUL DISTRESS OF PERSONAL PROPERTY 29. Defendants incorporate their responses to the foregoing paragraphs as though if fully set forth at length herein. 30. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter. Defendant John Mumma does not recall the substance of any discussions with Plaintiff. 31. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter. Defendant John Mumma does not recall the substance of any discussions with Plaintiff. 32. Denied. The letter is a written document that speaks for itself. 33. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter. Defendant John Mumma does not recall the substance of any discussions with Plaintiff. 34. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter. 35. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter. 36. Admitted in part and denied in part. Defendants are not aware of the specific date it was received by Plaintiff, they do acknowledge that a letter dated April 5, 2013, addressed to Plaintiff by regular mail and hand delivery included a comprehensive list of Plaintiff's belongings then held in storage by Defendants. 37. Denied. The list provided to Plaintiff included all items that remained in the residence when Defendant vacated the premises. Additionally, Plaintiff's co -tenant authorized Defendants' entry into the apartment after the emergency situation that was caused by Plaintiff's arrest. The day after the police incident, Plaintiffs co -tenant removed her belongings and indicated that she would not be returning to the apartment. 38. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter. It is noted that Plaintiff was able to schedule a time to retrieve many of his belongings stored by Defendants. Plaintiff indicated that he would be back to retrieve the rest of his belongings by the end of May 2013. Plaintiff has not returned to retrieve the balance of his belongings which still remain in storage. 39. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter. See also response to paragraph 38. 40. Denied in part and admitted in part. Defendants are not sure of the date that Plaintiff came to retrieve some of his property. See also response to paragraph 38. 41. Denied. Defendant John Mumma does not recall meeting with Plaintiff. See also response to paragraph 38. 42. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the statements of this averment and the same are therefore denied and strict proof thereof is demanded at trial in this matter. See also response to paragraph 38. 43. Denied. Plaintiff has been given the opportunity to retrieve his belongings. Plaintiff retrieved a portion of his belongings and indicated that he would be back at the end of May 2013 to retrieve the rest of the items. Plaintiff has failed to retrieve the balance of his belongings stored by Defendants. It is believed that therefore averred that the remaining items in storage have no value since Plaintiff has not availed himself of the opportunity to retrieve the items that remain. 44. Denied. The averments of this paragraph state legal conclusions to which no response is required. WHEREFORE, Defendants requests that Plaintiff's Final Amended Complaint be dismissed with prejudice and a judgment entered in Defendants' favor. NEW MATTER 45. Defendants incorporate all of their foregoing responses as though if fully set forth at length herein. 46. Plaintiff has failed to state a claim upon which relief may be granted. 47. It is believed and therefore averred that Plaintiff abandoned the premises. 48. Plaintiff's co -tenant, Holly Corman, granted Defendants access to the apartment the day after Plaintiff's arrest. 49. Plaintiff's co -tenant retrieved her belongings and indicated that she would not be returning to the apartment. 50. The Lease Agreement provides that Defendants shall have the right to enter the premises in the case of emergency or at other reasonable times for inspection and maintenance. 51. An emergency situation existed as a result of the Carlisle Police Department responding to the residence and breaching the door to arrest Plaintiff. 52. It is believed and therefore averred that Plaintiff failed to permit officers from the Carlisle Police Department access to the residence without force. 53. It is believed and therefore averred that Plaintiff caused damage to the apartment door when he failed to permit entry by the Carlisle Police Department officers without force. 54. It is believed and therefore averred that Plaintiff caused damages to the apartment during his brief stay. 55. Defendants have incurred expenses by continuing to store Plaintiff's belongings. COUNTER CLAIM LIBERTY HOLDING COMPANY AND JOHN MUMMA v. PLAINTIFF BREACH OF CONTRACT 56. Defendants incorporate all of their forgoing responses as though if fully set forth at length herein. 57. Plaintiff and Defendant Liberty Holding Company entered into a contract concerning Plaintiffs lease of the apartment for $565.00 per month. See Lease Agreement attached to Plaintiff's Complaint at Exhibit "A." 58. The Lease provides that Plaintiff shall be responsible for any damages caused by himself or his guests. 59. It is believed and therefore averred that on or about May 15, 2012, the Carlisle Police Department responded to a call at the apartment and officers were required to breach the door since Plaintiff did not permit access to the apartment in response to an alleged domestic dispute as identified in paragraph 1 of Plaintiffs Complaint. 60. Plaintiff was arrested by the Carlisle Police Department on May 15, 2012 and transported to the Cumberland County Prison. 61. Defendants incurred $2,360.44 in damages caused by Plaintiff during his brief stay at the apartment. 62. Plaintiff is responsible for damage caused to the entry door as a result of the Carlisle Police Department gaining access to the apartment to arrest Plaintiff. 63. Plaintiff is responsible for damages to the apartment during his brief tenancy causing repairs to be required to interior doors and walls. 64. Defendant Liberty Holding Company incurred expenses in repairing the damages caused by Plaintiff to the apartment. 65. The lease between Plaintiff and Defendant Liberty Holding Company provides that Plaintiff shall reimburse Defendant reasonable attorney's fees in the event that Defendant is required to enforce its provisions. 66. Defendant Liberty Holding Company is entitled to an award of its reasonable attorneys' fees. 67. Defendant Liberty Holding Company has incurred expenses in continuing to store Plaintiff's belongings at its expense. Wherefore, Defendant Liberty Holding Company respectfully requests judgment in its favor and against Plaintiff in an amount not in excess of $50,000.00 plus interest, costs of suit and reasonable attorneys' fees. Date: �� 3(— �U Respectfully Submitted, Dea E. Reynosa, Es Attorney I.D. #80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants uire VERIFICATION I verify that the statements made in the foregoing document are true and correct. I further state that I have authority to sign this verification on behalf of Liberty Holding Company. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Dated: November 26 , 2014 John Mumma, individually and on behalf of Defendant, Liberty Holding Company PAUL WALTERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO.: 12-4716 — CIVIL LIBERTY HOLDING COMPANY and JOHN MUMMA, Defendants CERTIFICATE OF SERVICE AND NOW, ),)�.r , 2014, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the Answer to Plaintiff's Complaint upon the following by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Date: .\\ By First -Class Mail: Paul M. Walters 316 Fairview Street Carlisle, Pennsylvania 17013 Respectfully Submitted, SAIDIS, SULLIVAN & ROGERS :,y s Esquire Attorney I.D. #80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY CARLISLE, PENNSYLVANIA PAUL WALTERS V. DOCKET NO 12-4716 LIBERTY HOLDING COMPANY, JOHN MUMMA j -- ' u; PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER ANDS n COUNTERCLAIM = CD? y; �-- c} AND NOW comes Plaintiff, Paul Walters and hereby states as follows: 45.Admitted 46.Denied. Plaintiff has asserted a Breach of contract claim amongst other claims in his Final Amended Complaint to wit relief may be granted. 47.Denied. Plaintiff made his intentions to stay at the subject apartment very clear to Mr. Mumma, who coincidentally fails to recall any substance of the conversation in his "Answer to Plaintiffs Final Amended Complaint with New Matter and Counterclaim". Furthermore, Plaintiff requested the keys to the new locks and was denied his request. And was told by Mr. Mumma that plaintiff was "no longer welcome at the apartment". Furthermore see exhibit B of Plaintiffs, Final Amended Complaint " Security Deposit forfeited due to Lease being terminated" 48.Denied. After investigation and meeting with Holly Corman it was discovered that Holly Corman did not grant access to the subject apartment, Holly Corman was asleep in the bedroom at the subject apartment when Mr. Mumma appeared in the bedroom at the subject apartment. All of which to be testified at trial by Holly Corman. 49.Denied as stated. Holly Corman removed her belongings, due to Mr. Mumma directing Holly Corman to do so. It was discovered that at this meeting between Holly Corman and Mr. Mumma that: Mr. Mumma was very aggressive and demanded that Holly Corman vacate the apartment under the pretense that the apartment was not safe. Holly Corman expressed she had no where to go and that the rent was paid until June. Mr. Mumma was relentless with his wish to have Holly Corman vacate the subject apartment and caused Holly Corman to sleep in her vehicle with her 3 y/o daughter. (At the time of this reply Plaintiff is researching if a compulsory joinder pursuant to Pa.R.C.P. 2227 requires Holly Corman to join as Plaintiff). Furthermore, see exhibit B of Plaintiffs' Final Amended Complaint "Security Deposit forfeited due to Lease being terminated" 50. The lease agreement speaks for itself. However, stated clause is an unenforceable provision of the lease agreement. 51. Denied. No emergency situation existed at the time of entry. 52. Denied. Plaintiff asserted his right to privacy in his home, no warrant for arrest was issued prior to carlisle Police breaching door at subject apartment. Plaintiff has no responsibility to answer his door unless a warrant is executed under Pa law. 53.Denied. Plaintiff avers that Carlisle Police are responsible for damages to door due to warrant -less entry. 54.Denied. Plaintiff did not cause any damage to subject apartment. Furthermore, Plaintiff was not afforded first right to correct any alleged damage. 55.Denied. Defendants have migrated responsibility to store Plaintiffs' property when they decided to illegally remove them from subject apartment. REPLY TO COUNTERTERCLAIM 56.Admitted. 57.Admitted. 58.Admitted with fiirther explanation. Plaintiff was not afforded first right to correct any alleged damages. 59.Denied. Plaintiff avers that an illegal warrant -less entry was made by the Carlisle Police Department, and therefore are solely responsible for damage to the door. Furthermore, Plaintiff asserts that defendants have failed to join Carlisle Police Department as a party to Defendants' counterclaim. In addition restitution for alleged damages has been ordered in criminal proceedings, therefore making counterclaim moot. 60.Admitted. 61.Denied. Plaintiff demands specific proof at trial. 62.Denied. Plaintiff avers that an illegal warrant -less entry was made by the Carlisle Police Department, and therefore are solely responsible for damage to the door. Furthermore, Plaintiff asserts that defendants have failed to join Carlisle Police Department as a party to Defendants' counterclaim. In addition restitution for alleged damages has been ordered in criminal proceedings, therefore making counterclaim moot. 63.Denied. Plaintiff avers that an illegal warrant -less entry was made by the Carlisle Police Department, and therefore are solely responsible for damage to the door. Furthermore, Plaintiff asserts that defendants have failed to join Carlisle Police Department as a party to Defendants' counterclaim. In addition restitution for alleged damages has been ordered in criminal proceedings, therefore making counterclaim moot. 64.Denied. Plaintiff avers that an illegal warrant -less entry was made by the Carlisle Police Department, and therefore are solely responsible for damage to the door. Furthermore, Plaintiff asserts that defendants have failed to join Carlisle Police Department as a party to Defendants' counterclaim. In addition restitution for alleged damages has been ordered in criminal proceedings, therefore making counterclaim moot. 65.The lease agreement speaks for itself. However, stated clause is an unenforceable provision of the lease agreement. 66.Denied. Plaintiff asserts that Defendant is defending a breach of contract lawsuit amongst other claims Defendants' counterclaim is an attempt to mitigate an anticipated judgment against the Defendant not because they are "required to enforce its provisions". As outlined in the lease agreement. 67. Denied. Defendants assumed all responsibility of Plaintiffs property when Defendants chose to illegally remove Plaintiffs' property from the subject apartment and therefore are not entitled to compensation for storage. Wherefore, Plaintiff, Paul Walters respectfully request Defendants' Counterclaim be dismissed with prejudice for failure to join Carlisle Police Department and judgment be entered in favor of the Plaintiff. Date: ///a/// 20' V Respectfully Submitted, Paul Walters, Plaintiff 316 Fairview Street Carlisle, PA 17013 (843) 471-3488 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY CARLISLE, PENNSYLVANIA PAUL WALTERS V. LIBERTY HOLDING COMPANY, JOHN MUMMA DOCKET NO 12-4716 Verification I, Paul Walters verify that the facts set forth in the foregoing PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER AND COUNTERCLAIM are true and correct. I also understand that any false statements contained herein are subject to the penalties of C.S. 4904 relating to unsworn falsifications to authorities. Date: 4,-/A i'/ Respectfully Submitted, Paul Walters, Plaintiff 316 Fairview Street Carlisle, PA 17013. (843) 471-3488 r ; IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY CARLISLE, PENNSYLVANIA PAUL WALTERS V. DOCKET NO 12-4716 LIBERTY HOLDING COMPANY, JOHN MUMMA Certificate of Service AND NOW, November 11, 2014, I Paul Walters, hereby certify that I did serve a true and correct copy of the PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER AND COUNTERCLAIM upon the following by U.S. Postal service or Hand -Delivery addressed as follows: Dean Reynosa, Esquire Attorney for Defendant(s) 26. West High Street Carlisle, PA 17013 Date: No✓•iivy Respectfully Submitted, Paul Walters, Plaintiff 316 Fairview Street Carlisle, PA 17013 (843) 471-3488