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HomeMy WebLinkAbout12-5555PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BETTY NELSON, '~' N Plaintiff ) ' -~ v. JOEL A. SHC~MAKER, Defendant V N --~ o Petfion for Waiver of Costs ~ ~ 1. I am the Deft n the above matter and because of my fnancial condi>lon, I am unable to pay tl~e 1ee$ and costs of prosecuting or defen<I'ng this action or proceeding. 2. I am unable ib obf~ain funds from anyone, inckxi'ng my fa~r+iY and associaies, do pay the c:osfis of I4gation. 1 represerrt that the nfom~atior- below relating to my abiity th pay the fives and costs s true and correct: (A) NA~IIE: Joel A Shoemaker ADDRESS: ~ Cold Sprirgs Rd., Carlisle, Pa 17015 (B) EMPLOYMENT: ff you are presently err~pbyed, state: EMPLOYER: (Not appicable) ADDRESS: SALARY OR WAGES PER MONTH: TYPE OF WORK ff you are presently unemployed, stale: DATE OF LAST EMPLOYIIAENT: workman's corm SALARY OR WAGES PER MONTH: $1,393 TYPE OF WORK: 1Alarehouse (C) OTHER MONTHLY INCOME WITHIN THE LAST TWELVE (12~MONTHS .. __ _ ~ BUS~IESS OR SELF-E~APLOYMENT~_, n._~~ mm___A 0~_.^~ INTEREST OR rxNDS: ~ $ ' __..~.n_..~. 0 _.__w_~ _. _ r P1 OR AIW+lUIT1ES: __ .®"~~_,_..,.~..~ $ } 0 __.._._ .....____ __,__ _. ~_~ _; SOCIAL SECURITY OR S.S.I ~ ~~ _ ~ ~ $ ._.Y_...___ ~ 0 ... $I 0 .~.._ ILOYII~NT COMPENSATIONm~~ $ 0 __.- ._v__.. __ . .. a WORKER'S COIwIPENSATION: _~__ ..._._.._ ~~.___$ !__ ~_. _~ _1393 X11/01/1_ 0~__ ___ .,._. w.. r,.___..~~_.__..~_ _. _._.. _.__ ... _ WELFARE. ~~ _ $ ______._ 0 _ _ ~.. _ . , OTHER ~P~e speci~r): __~.._.__. ~__ _.~_1.__ $ _.__ ~_____ ~ ~.._. _ ._ .__ _____. (D) OTHER MONTHLY CONTRIBUTIONS TO HOUSEHOLD SUPPORT: SPOUSES NAME (~ ivng ~ogelher): (Nat appicabie) ff your spouse is err~byed, stefie: EMPLOYER: SALARY OR Wl0.GES PER MONTH: TYPE OF WORK CONTRIBUTIONS FROM. CHILDREN: (None) CONTRIBUTIONS FROM PARENTS: (None) OTHER CONTRIBUTIONS: (None) (E) PROPERTY OWNED: CASH: (None) CHECKING ACCOUNT: (None) SAVINGS ACCOUNT: (None) CERT~ICATES OF DEPOSR, STOCKS, 80NDS: (None) REAL ESTATE /HOME: (None) MOTOR VEHICLE: (None) OTHER: (None) lF) D~i'S AND OBI_iGATIONS PER MONTH: a MORTEIRENT: ELECTRIC ~~ ._.__. ~ OILIC~ASMEAT: ...~~ $ $ _ $ ~ _ 600 - _ 165 .______ 0 WATERISEWER: -.~__~.~ ~- _ TELEPHONE: .~...___ _. _ _ .. 1 CABLE: ~~ _~"~~ ...__.._~ ~_.~_ __. $ 35 __$,.... ~ _._ 0 FOOD: va CM SUPf~(3RT _~_ $ $ __350 ~_ 0 CLOTHMIG: .,... _r_.~. __..... CI~LD CARE: ~. ~.__~ ~ .. $ _~ _...n 50 $ ~ ~ 0 TRANSPORTATION: _ __ $ 250 __ ~. MEDICAL S: _ _ $ ` ~15 . LOAN PAYMENTS:~~.__ $ _ ®_ _.~ __ 0 CREDIT CARD PAYMENTS: _.o____. $ € _ 0 ~_. ~1RAriNCE: _ _, .. _.._. _._. _ _ $..~. ~.._ _ 120 MISCELLANEOUS:.M._.__._e.~m~. $ ._.._E.. . ..__.0 (G) PERSONS DEPENDENT UPON YOU FOR SUPPORT: CHILDREN (STATE NAMES AND AGES): __ ,OTHERS Nem~e Heidi A Shenck Bradley S. Shen AGE AND RELA 6 Fiancee Fiancee's Son -x-.75 ~ -fir ora 1 u y, ~~ .~ ~~ . ~,~.. ~_,._e.,,~ 3. I understand that I have a cor~inuiig to in(nrm the court of any improvement in my f~x:ied cirrun~tanoes which would perms me th pay the cost incurred with this case._.~_._.._.._~_~ ~4. ~s-1 very that the facts staled in the foregoing PaUtion aye true amd correct to the best of myM knowledge, i~formabort and beigF. Pet~ioner understands that false stalert~ents therein are sutr~act th the penalties of 18 Pa. C.SA §4904 relating to unswom fatsAication 170 . ! Date: ©~~~ ~~~~~ ~. JOEL A SHOEMAI~R, Dot .__ ..__,_ .___. ~p..,...._ ~~1~J ~f~,6-~~~f~ ' COURT OF COMMON PLEAS 9lh Judtk~al Dhitrict, County Of Cumberland NOTICE OF APPEAL FROM CO~AON PLEAS No. NOTICE OF APPEAL - Sss ~ ~iVi~ Notice is given that the appelant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Judge on the date and in the case refYarenoed below. Rd l ,,,w ~•••~• •••~ •.o a.w~+ ~•~* r.rwn uxs r~aoon ~s requseo under ra. n appenaM was Claimant (see Pa. R.C.P.D.J. No. R.C.P.D.J. No. 10088. This Notloe of Appeal, when roceived ny the Magisterial District Judge, will before a Maglsteria/ District J operate as a SUPERSEDFJIS to the judgment for possession in this case. within ~- A COMPLAINT (20) days after tiling the NOTICE of APPEAL. a~ a«~wh District tT BE FILED twenty PRAECIPE TO ENTER RULE TO FILE COMPWNT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action befo-e Magistsenl~Distrid Judge. IF NOT USED, detach I-nm Dopy of notice of appeal to be served upon appellee. PRAEC~'E: To Prottwnotary Enter rule upon Betty P. Nelson AYrna d~eiMar(s) appeNee(s), to iNe a complaint in this appeal (Common Pleas No. 1a ~ ~ SS ) within twenty (20) days after service of rub or suffer entry of ~rdgment of rton pros. RULE: To Betty P. Nelson ,appellee(. a (1) You are rteEiRed a rub is hereby ertteoed upon you to file a complaint b Uus appeal witlMn twenty (20) days aibr the date of service of this rub upon you by personal service or by certified or registered mail (2) H You do rwt fib a oornpbint within this tiros, a JUDGMENT OF NON PR06 MAY BE ENTERED AGAINST YOU. (3) flake of servk~e of this rub if service was by ma8 is the date of the meting. Date: 2a 1~ YOU MUST INCLUDE A COPY OF THE aoPC sta-os d ~.' FORM tMTH THiS NOTICE OF aa:za -- ~~,~~ ~ ~. jL~ Notice of Appeal Page ti of 2 n.Kb ~~t~~t~ a3 COMMONWEALTH OF PENNSYLVANIA COUiVTY OF CUMBERLAND Mag. Dist. No: MDJ-09-2-01 MDJ Name: Honorable Paul M Fegley Address: 2260 Spring Road, Suite 3 Carlisle, PA 17013 Telephone: 717-218-5250 Joel Shoemaker 2 Tip Top Cir. Carlisle, PA 17015 Notice of Judgment/Transcript Residential Lease Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. _. Disposition Summary D k t N __ oc e o MJ-09201-LT-0000049-2012 Betty P Nelson Defendant Joel Shoemaker MJ-09201-LT-0000049-2012 Betty P Nelson Heidi Shenck MJ-09201-CV-0000093-2012 Heidi Shenck Betty P Nelson MJ-09201-CV-0000093-2012 Joel Shoemaker Betty P Nelson Judgment Summ>ilry P rti i t ~~ .,. ~n~. _ ~ e~ .~.. . J i t/S .. __ ......w. ~. l L _ a c pan o n ev era iability Individual Li ability Betty P Nelson $0.00 $0.00 Betty P Nelson $683.05 $0.00 Heidi Shenck $4,086.99 $0.00 Heidi Shenck $0.00 $0.00 Joel Shoemaker $4,086.99 $0.00 Joel Shoemaker $0.00 $0.00 _.. Judgment Detail ~*PostJudgmentj Betty P Nelson V. Joel Shoemaker, Heidi Shenck Docket No: MJ-09201-LT-000004b-2012 Case Filed: 7/19/2012 Yes No Disposition Judgment for Plaintiff Judgment for Plaintiff Judgment for Plaintiff Judgment for Plaintiff Disp~i on Date p8/10/2012 08/10/2012 ~' 08!10/2012 08/10/2012 $0. 0 $683. ~5 $4,086.9 $0.@0 $4,086.99 $O.QO In the matter of Betty P Nelson vs. Joel Shoemaker; Heidi Shenck on 8/10/2012 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $600.00 Judgment Component Joint/Several Liability Individual Liability Deposit Auolied gm,Qy~j Rent in Arrears $3,800.00 $0.00 $3,800.40 Filing Fees $152.33 $0.00 $152.33 Server Fees * $134.66 $0.00 $134 ~6 Grand Total: 54,086. 9 Portion ofjudgment for physical damages arising out of residential lease: $O.QO In the matter of Heidi Shenck; Joel Shoemaker vs. Betty P Nelson on 8/10/2012 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $600.00 Judaenent Component Joint/Several Liability individual Liability Deposit Applied Amount Civil Judgment $683.05 $0.00 $683.OItt5 Grand Total: $ti83.g5 MDJS 315A Page 1 of 3 Printed: 09/07/2012 1:26:38PM Betty P Nelson Docket No.: MJ-09201-LT-0000049-2012 v. Joel Shoemaker, Heidi Shenck IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR OSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTA /CLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DMSION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS fN RESIDE TIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDG Nfi, IF ANY. IN ORDER TO OBTAIN A SUPER3EDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARYlCLERK OF COURTS HE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. FIOWEVER, LOW-INC I: ANDlOR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO.1008 OR 1013 FOR DIFFERENT PROCEDURE8 RLCiARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, TH PARTY HAS 30 DAYS AFTER THE DATE ~ ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTAR /CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISK)N. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH TH NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERAU. DISTRICT JU $, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS U1ST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDG UNLES8 THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FU L, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date ~_ Magisterial District Judge Paul M Fegley Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed: 09/07/2012' 1:26:38PM Betty P Nelson v. Joel Shoemaker, Heidi Shenck Plaintiff(s) Betty P Nelson 14 Tip Top Circle Carlisle, PA 17015 Defendant(s) Heidi Shenck 2 Tip Top Circe Carlisle, PA 17015 Joel Shoemaker 2 Tip Top Cir. Carlisle, PA 17015 MDJS 315A Docket No.: MJ-09201-LT-0000049-2012 Participant List Page 3 of 3 Panted: 09/07/2012;1:2~6:38PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VS. FileNo. ~~~``~. ~' ~ ~~~ ~, :°~ rv -, ~:~. to en o S -~` ~~ ~ ' l- ~J _...i ~--- PRAECIPE FOR ENTRY OF APPEARANCE ~~ o ~ TO THE PROTHONOTARY/CLERK OF SAID COURT: : ~ . :, .,~~ c., Enter our appearance on behalf of ourselves: ~~ ~~~~ ~~"~®'~~~ ~~' ~~" `+~ (Plaintiff /Defendant /Addition I Defendant) Papers may be served at the address set forth below. Joel Shoemaker i Heidi Shenck Defendants i Pro Se Address: 39 Cold Springs Road Carlisle, PA 17015 Telephone Number: (717) 486-6748 / ~" t Date: ~ ~ '~~~ ~~ Signatures: ! r ~~ _ BETTY P. NELSON ,Plaintiff V. JOEL SHOEMAKER, HEIDI SHENCK Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 2012-5555 CIVIL LA ~' _ LANDLORDlTENANT '~L ~r C i ~r~~ L; . ~ ~ ~ ~~ D ~ ~ ~ `r -r; .:~ T ~ ~' ... '~ r NOTICE OF INTENT TO DEFEND `'~' ~-''~ _., ~~ r.~ '-4? 1, Joel Shoemaker / Heidi Shenck, hereby give Notice of Intent to defend the above titled case, and Demand strict proof of the alleged claim committed without fault from landlord's own doing. REQUEST FOR JUDICIAL NOTICE Joel Shoemaker and Heidi Shenck ,herein named "Defendants" who are unschooled in the law and ask that the court take Judicial Notice of the enunciation of principles as stated in "Haines v. Kerner, 404 U. S .519, "wherein the court has directed that those who are Unschooled in law making ,pleadings and/or complaints shall have the court Look to the substance of the pleadings rather than the form, and also hereby Makes the attached memorandum, including the related documents attached Herewith and documents and pictures being brought to the hearing, in the above- referenced case. Furthermore, Defendant's hereby requests the judge notify them of any sua sponte, rights or remedies they May overlook. .~ Defendants /~ 39 Cold Springs Road ~~~~ ~`~< ''? ~~/ Z' Carlisle, PA 1701.5 (717) 486-6748 JOEL SHOEMAKER, HELD! SHENCK Plaintiff V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA : No. 2012-5555 CIVIL LAW BETTY P. NELSON : LANDLORD/TENANT 'E~tL --+ Defendant _ ~ ° ~~;~:~ ~~ ~~:~ -~ o, ~, ~ a -~ ~-, ;~ -~ ~ ~. NOTICE TO PLEAD ~ ° x ~ ,- _',s C_ ,fi' CJ ~ a -_:~ Ta •-. ~ ~: You have been sued in Court. If you wish to defend against the claims set forth in the NEW MATTER, you must take action within twenty (20) days after this ANSWER and NEW MATTER are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court. without further notice for any money claimed in the ANSWER and NEW MATTER or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORE STREET (:ARLISLE, PENNSYLVANIA 17013 (717) 249-3166 Respectfully Signed, .! -~~ Joel A. Shoemaker Heidi A. Sherrck ~l ~~~ ~~'~--' 39 Cold Springs Rd. ~ ~.~ ~ ~ ~ ~ ~ °~' Carlisle, PA 17015 (717) 713-9117 (717) 486-6748 Joel Shoemaker / Heidi Shenck Plaintiff Betty P . Nelson Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2012-5555 Civil Term NOTICE TO DEFEND 20 12 YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST' THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY F,NTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOLI. YOU ARE WARNED THAT [F YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITIiOUT 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 PEOPERTY OR OTHER RIGHTS IMPORTANT'TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO 'NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 BETTY P. NELSON Plaintiff V JOEL SHOEMAKER / HEIDI SHENCK Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA N0. 2012-5555 CIVIL I.AW LANDLORD/TENANT APPEAL ANSWERS TO COMPLAINT And. now comes Joel Shoemaker and Heidi Shenck, pro se and makes the following answers: 1. Agree 2. Agree 3. Agree 4. Deny -signature page is the same the rest is not exactly the same 5. Deny 6. Deny -disputing and appeasing 7. Deny -Non-Payment is not in bad faith, obdurate, vexatious, arbitrary or anything of that sorts or kind of nature. (See Cross-Complaint) ., ~ _ ~' ~; Si natures of defendant . ~ ~/~~~,~~ 1~,~2%~'~~ g Date: 0 `~ ~ ~~~' / _ / D ~3 JOEL SHOEMAKER, HEIDI SHENCK Plaintiff V. BETTY P. NELSON Defendant IN THE COURT OF COMMON : PLEAS OF CUMBERLANC~C~IN~'Y : PENNSYLVANIA ~~ ~ ~.,~ ~ ~'~ c 7 'x' ~ ..,.Q r, j ___ ~ f-- : No. 2012-5555 CIVIL LA ~ ~ ~' : LANDLORD/TENANT A~jE'~ =; ~' -...1 ~ r'1 -,.~ ~~, CROSS-COMPLAINT /COUNTER CLAIM -KNOWN AS "NEW MATTER" And now comes, Joel Shoemaker and Heidi Shenck, pro se, and they make the following complaints: A. Betty I'. Nelson was informed of the following problems upon move-in and shortly thereafter, Betty claimed. that it was Joel Shoemaker's and Heidi Shenck's problem to either fix them or pay for someone to fix them, even though it was being rented from Betty P. Nelson and most, if not all of these problems are covered under the law. Either through the lease, the landlord -tenant agreement law, the law of habitability or other laws regarding landlords and tenants rights and responsibilities. Most of these issues were never fixed, some Betty P. Nelson's workers started to fix at the end of July 2012 into August of 2012, only after we threatened to take them to court. Which in turn Betty P. Nelson said she would fix the problems. She started to fix them, then stopped and filed against me in court, intentionally and maliciously breaking our verbal contract that was made with Betty P. Nelson, along with her son, John Nelson, that she would get rent money, once she fixed the problems and that I wasn't going to take her to court, if the problems were fixed. Remember, this was already two-thirds of the way through the lease length, i.e. - 8 months out of a 12-month lease. 1. Refrigerator leaks large amounts of water constantly on floor and also runs all the time, hence making the floor always wet and running up the electric bill. 2. Gas line for stove/oven needs fixed -did not work the entire time we lived there. 3. Kitchen sink faucet has bad leak at base running down into cabinets below.. 4. Kitchen sink drain has bad leak. S. Vent pipe for drains in kitchen cabinet leaks when it rains. 6. Severe mold. / black mold'growing under kitchen sink from leaks described in #'s 3, 4 and 5. 7, Floor under kitchen sink, coming out from under the cabinets into the kitchen floor is rotting and falling in from leaks described in #'s 3, 4 ands. 8. Something leaks with the shower and tub and is rotting the floor under the tub, in the bathroom, into the back bedroom and into the hallway by the back door, which actually broke and created a hole in which Joel fell into and injured himself. This problem is also causing a lot of black mold. 9. Sewer smell through bathtub drain and sinks smelling up entire mobile home. 10. Wall outlet in bedroom, by light switch is burnt out and needs replaced. 11. WaII outlet in living room at enci of hallway is burnt out and needs replaced. 12. Electric outlets in kitchen on either side of kitchen sinks needs replaced to he GFCI to be compliant with code. 13. Electric outlet in bathroom on the backside of the bathtub needs replaced to be GFCI to be compliant with code. 14. Light in back bedroom in front of the closet has a short in the switch and needs replaced. 15. Light socket in back bedroom on back wall has loose uncapped live wires with no cover and duct tape to cover the hole. 16. Washer hoses needed replaced and were broken and holes burst in them allowing water to flood all over dining room and kitchen. Had to fix myself to be able to wash our clothes. 17. Bathroom sink drains leak causing more rotting and black mold. 18. Floor is rotting under toilet and toilet drain is broke causing raw sewage to leak outside under the mobile home onto the ground. 19, Insulation under the trailer is all falling down, rotted, molding, mire, rodent and bug infested. 20. Electric for entire mobile home needs fixed/replaced. Safety team. manager from Adams Electric stated is was a major fire hazard. The electric for the entire trailer is lying out on the ground, underneath the trailer. 21. Need 6 tie down's on mobile home, even as stated in the lease (under moving in # 3). There are only 3 attached of them 2 are alright 1 is very loose. The rest are either broken or missing. 22. Electric for hot water heater needs fixed. The electric wires are not capped. and they are not in a junction box as per code. They are just tapped up with electric tape, na caps, and no box. 23. Switch in closet in back bedroom had live wires just hanging in wall, which were both a fire hazard and a shock hazard. I fixed myself. 24. Severe black mold all-around inside of tub and shower, which I ended up fixing myself. 25. Hole in floor in access box, by bathtub in the bathroom was allowing mice to come inside the mobile home. I fixed myself. 26. Dryer vent needs replaced, it was allowing birds as well as bees and other bugs to come into the mobile home. 27. Most of the windows on the mobile home are screwed shut and need fixed or replaced so as not to cause a fire or safety hazard. 28. Smoke detector's need replaced because they do not work. 29. Back door does not meet frame correctly and allows bees and bugs to enter the mobile home. It also increases the cost for heating and cooling. 30. Large hole in back door, missing dead bolt. 31. Drawers at end of kitchen cabi~lets need fixed. If even pulled out the slightest little bit, they fall out,., creating a danger and hazard not only for adults but especially so for small/young children. 32. Electric outlet in shed needs fixed. It is very loose, the wires arc on the metal junction box and there is no cover to the outlet. 33. Front screen door needs handlf~ and latch replaced; it makes it difficult to get in or out of the mobile home. 34. Floor by back door is falling in. 35. Floor under bathroom sinks and back wall underneath sinks is rotting and molding. 36. Fuel line for furnace had major leak since at least November 15~, 2011 when we moved in, until after wintertime into the spring; of 2012. Costing us a lot of money to keep heating fuel in the tank and keep the mobile home warm enough to live in. 37. Leaking porch roof/hole was leaking back inside of the mobile home. During the winter is was also making the front porch steps very icy and a hazard. 38. Door to hot water tank on outside of mobile home was not sealed and had large gaps around it allowing bees inside the mobile home. 39. Electric Panel needs fixed/upgraded. It keeps humming and buzzing and popping breakers all the time with very little use. 40. Switch. in bathroom, behind the door needs checked to make sure there is no cut off live wire in the wall Iike the switch in the back bedroom closet. 41. Central air needs checked for aleak/recharged. It does not blow cold air. 42. Light switch in bathroom needs replaced because it shorts out, arcs and sparks and there is no wall plate cover either. 43. Bathroom vent to outside does not work, just hums and buzzes and also leaks when it rains, all 44. Back bedroom door latch was not working properly and was never fixed. It ended up jamming and trapped my pregnant fiancee in the back bedroom in the middle of the night, had to bust it open to get her out. 45. Front window by steps is broken. 46. Safety switch for lid on washer does not work and is a hazard. 47. Shed roof has severe leaks in multiple places. Part of the roof and a good majority of outside wall are rotted and molding and falling apart, causing a lot of our stuff to get wet and major damage to our belongings. 48. Most of the windows in the mobile home leaked, causing the walls to rot, paint to peel and a lot more black mold to grow. 49. [Jnder "moving in" # 4 in the lease it states "TIRES and axels may not be removed from (under) mobile homes. Tires were removed before we moved in. 50. Under "`mobile home sites" in the lease # 15 "NO TV ANTENNAS OR SATELLITE DISH." There arE~ a lot of mobile homes in the park that have either or both. 51. Under "mobile home sites" in t:he lease # 16 "NO BIG TRUCKS - CAB OR TRAILER" There was a big. rig truck there almost every night. 52. [Jnder "mobile home sites" in the lease # 17 "ALL toys outside must be picked up at dark and put: back by your shed at night.. There are plenty of residents in the park that violate this as well. 53. Under # 12 what are pre-approved containers or sheds? 54. Under # 14 rates = $8 to $15 per mowing..what determines the rate? 55. tinder # 21 contradicts # 23 in the lease under "mobile home sites, in regards to flowers, shrubs, lawn, etc. and according to # 23 there are a lot of residents that violate this in regards to just flowers. 56. Under "general rules" in the le~ise # 28 There are a lot of residents that are behind and owe Betty P. Nelson money. 57. Uncles "general rules" in the lease # 29 "LOUD parties, LOUD radios/TVs, etc...there are plenty of neighbors that we had complained about on numerous occasions and Betty did nothing, but yet when we were watching a movie at around 10 pm one night barely turned up Betty threatened us the next day because the one neighbor who constantly blared his car stereo came outside and heard our movie. Even though we barely ever made noise at night and this night the TV wasn't even turned up loud. 58. Under # 30 there were plenty of neighborhood kids constantly coming in our yard. 59. Under "general rules" # 35 "BABYSITTING for any (non-park) children is strictly prohibited" Thi:~ is discriminatory. 60. # 33 is discriminatory as well, what if I had a friend come over for some drinks or a movie and they fell asleep or if I was babysitting and whoever I was babysitting slept there?? 61. # 4C1 the park management removed the outside dirt filter, therefore making this void. 62. #43 Under "Vehicles" "No washing, repairing, etc" There are plenty of residents that did this...washing -some of our neighbors even had outside spickets anal hoses to do so, repairing, plenty of residents did and do this as well. 63. # 46 Under "Pets" in the lease in our copy stated NO PETS, in the copy which you sent to us is states "NO pets unless you own your own home and a dog only big enough to set on your lap or small car. This is a $25.00 for each month on your rent. NO OTHER!" This is discriminatory in the differences, plus in this one that you sent us.....whose lap does the dog need to fit on? This is quiet a difference. 64. Under # 52 B. "storm windows and screens must be in good condition and in place. "There were never any screens in any or our windows and most of the windows were in poor condition when we moved in. 65. Under # 52 C. "carpets must be steam cleaned" Our carpets were very dirty and attrousus when we moved in. 66. Under # 52 D. "Bathroom (toilets, tubs, floors, walls and sinks} must be thoroughly cleaned." 67. Under # 55 "curfew" residents did not follow this either. Even one of Betty's underage workers violated this, multiple times. 68. There was a period of 2 weeks when we could not live in the mobile home either during this past Summer of 2012 through fault of the landlords' son and employees leaving holes open in the mobile home while they were "fixing" some things, which allowed bees and wasps to come into the mobile home. Then, they took a few days to even call the exterminator, seeing as though. the bees were in the walls, ceiling, all through our stuff, etc. Joel is highly allergic to bees, wasps, etc and can die from one sting. On top of that, after the exterminator sprayed and dusted for bees, wasps, etc. wc~ were not able to be in the residence far at least 4 days or more after the exterminator was there, and he was there at least 2 times, because it is not healthy to be around those chemicals, plus Heidi was pregnant at the time and still is, so her Doctors stated that she should not be there for at least 4 days as well after each spraying /dusting. We also had Heidi's young son in the home with us that should not be around these chemicals either. During this time we hacl to pay with our own money to take up residence elsewhere, seeing Betty P. Nelson and her son John Nelson, both refused to give us another place to stay in the mean time and refused to pay to put us up elsewhere. This included costs incurred for a place to stay for the 2 weeks, costs incurred for the 2 hour extra round trip from the mobile home, to our place to stay (including gas and wear and tear on the vehicle, etc. 69. We were also harassed by Betty P. Nelson's workers on multiple occasions and have some on videotape. 70. Betty P. Nelson also had minors of 12 or less years of age working on our trailer of which we have video evidence as well. 71. Defendant Betty P. Nelson and her son John Nelson are slumlords. 72. Betty P. Nelson's employees and son John Nelson, on many occasions damaged personal property of Joel Shoemaker and Heidi Shenck, without repair, replacement or payment for damages. 73. As per # 54 in the lease, in regards to drug use. Betty P. Nelson, willfully and maliciously hid the fact, that a lot of her residents use or sell drugs, that she does nothing about and that her mobile home park is a high crime area especially for break-ins, theft and vandalism. This is according to PSP troopers from Carlisle as well as Parole and Probation officers from Cumberland and Franklin counties and also from other residents as well. 74. Upon moving in Betty P. Nelson. and her son John Nelson within the first 2 weeks harassed us about a blue colored porch light bulb that we had put in. They stated that it had to be white and that. no other resident had a colored bulb. Which was a complete, utter and outright lie, as there was and still was upon moving out, plenty of other residents at the time with blue, red, yellow and green porch light bulbs. Also there is nothing stating in the lease that you cannot have a colored porch light bulb. Even though they stated it was "code" as they said. 75. When Joel Shoemaker would mow the law, within a day or two one of the maintenance men would come down and mow it again and mess it up, mowing it down to the dirt, which I also havE~ pictures of. 76. The maintenance men mowed over solar light fixtures, cut plastic weather sheeting, broke no trespassing signs, etc that were on the property on multiple occasions. 77. Betty P. Nelson even harassed us to the point that she would come down and sit in the driveway and honk during the middle of the day when we were sleeping, or she would just sit in the driveway or drive across t:he grass and sit in the grass out in our front lawn to harass us for no apparent reason. Other times Betty P. Nelson came dawn and sat in the driveway blasting her horn on her car to ask us if we had seen the one neighbor nn multiple occasions. Betty P. Nelson had our phone numbers anal only 1 time during the 8 months did she ever call before she came down. That is harassment and a violation of the law to not be harassed by the landlord and to have proper notice of her visits, seeing they were not an emergency. 78. Betty P. Nelson also violated Heidi's HIPPA rights and disclosed to maintenance workers and other residents as to why Heidi event to the hospital by ambulance the one night. 79. Betty P. Nelson violated both Joel and Heidi's rights as well as other residents rights as well, by having a whole list of every resident in the park with full names, addresses, phone numbers, etc, posted up outside her residence which is also the park office for anyone and everyone to see. 80. Betty P. Nelson violated both Joel and Heidi's rights as well, by telling and discussing with other residents that we were bad tenants and that we didn't pay rent and owed her a lot of money, which to say the least was misleading and slanderous in nature. 81. The fuel leak as stated in # 36 cost us at the least $400.00 ($3.80 / gallon x 105.27 gallons) 82. Hanging solar lantern with Sheppard's hook, which the head maintenance man ran over with his truck on 2 different occasions and broke it cost $65.00. 83. 2 solar lights that the maintenance man mowed over with the riding mower cost $50.00 ($'1.5.00 x 2). 84. Caulking for bathtub that was 5 yr.+ mold and mildew resistant cost $59..70 to replace the black mold and mildew covered old and peeling caulking. 85. The caulking kit for the bathtub job stated in # 84 to get rid of the black mold cost $10.00. 86. The 6 MIL puncture proof plastic sheeting used to insulate the front porch from rain, wind, snow, etc. that John Nelson cut apart and he admitted that he did so in the MDJ court room, cost $65.00 87. The bee problem stated in # 68 cost us over $400.00 in lodging and over $120.00 in gas (not including wear and tear on the vehicle) for the 2+ weeks that we were not able to stay at the trailer. That is also $200.00 that we should not have to pay for rent seeing it was the fault of the landlord, her son and their workers for the bees. 88. The deadbolt for the back door to close up the hole in the door cost $25.00, 89. ThE~ washer hoses to replace the busted ones cost $25.00. 90. ThE~ dryer vent /screen cost $7.57 / $7.48 to keep birds, bees and bugs from coming in. 91. Weather stripping cost $30.00 to seal back door. 92. The cost to move because of all the problems and health and safety hazards that Betty P. Nelson adamantly refused to fix and therefore made the residence unlivable anymore, cost us at least $6,000.00. 93.Originally Betty P. Nelson filed in MDJ court that rent unpaid was $2,600.00. ($4,800.00 - $2,"1.00.00 that was paid = $2,600.00) 94. After we told Betty P. Nelson, ttrat we would take her to court if the problems weren't fixed, the next night her one maintenance man Paul came and dumped tobacco chew spit all over our front door. 95. The gas line for the stove/oven had been "ferry rigged" with a gas line from a propane grill by the maintenance men. 96. Betty P. Nelson violated the "implied warranty of habitability" by nat fixing the furnace fuel line in wintertime. 97. Betty P. Nelson violated the "implied warranty of habitability" by nat fixing the leaking sewer system. 98. Betty P. Nelson violated the "implied warranty of habitability" by not fixing and providing a safe, working electrical system. 99. Betty P. Nelson violated the "implied warranty of habitability" by not providing working smoke detectors. 100. Betty P. Nelson violated the "implied warranty of habitability" by not having a lock in the hole in the back door. 101. Betty P. Nelson violated the "implied warranty of habitability" by not fixing, in a prompt matter a home not filled with bugs, referring to the bees and mice. 102. Betty P, Nelson violated the "implied warranty of habitability" by not providing a safe, sanitary condition of the home structure and outside area. 103. Betty P. Nelson violated the "implied warranty of habitability" by violating our right as a tenant to a decent home. 104. Betty P. Nelson violated "our right as a tenant to a decent home" also by not- fixing the leaking windows. 105, Betty P. Nelson violated "our right as a tenant to a decent home" also by nat fixing the leaking roof. 106. Betty P. Nelson violated "our right as a tenant to a decent home" also by not: cleaning up the fuel spill as per EPA regulations. 107. Betty P. Nelson violated "our• right as a tenant to a decent home" also by not cleaning up the raw sewage as per EPA regulations. 108. In 1979 the PA Supreme Court decided that landlords who rent property for people to live in must make sure such property is "safe, sanitary and fit for human habitation." They called this the Warranty of Habitability. [:Pugh v. Holmes, 486 Pa. 272, 405 A.2d 897 (1979)] A landlord's obligations under the Warranty of Habitability cannot be taken away from you even if you sign a lease that says you are renting the property "as is" or that you are responsible for all repairs. Betty P, Nelson violated this by stating that we had to fix the problems or pay to have someone fix them. 109. Betty P. Nelson and her employees violated the law and our rights by violating the CovenantJRight of Quiet Enjoyment on numerous occasions, too many times to count of which we have some on videotape, by constantly just coming down and harassing us, sitting in our driveway, etc, with no phone c;rll or notice to us and they were not emergencies. 110. Betty P. Nelson violated the l~rw and our rights by violating the Covenant/Right of Quiet Enjoyment on numerous occasions, too many times to count by allowing multiple neighbors to continue with no repercussions being extremely loud and playing extremely loud music from both inside mobile homes and cars at all hours of the night, despite complaints made to Betty. 111. Betty P. Nelson violated the 1<<w and our rights as well as other tenants rights by violating the CovenantjRight of Quiet Enjoyment by stating that she doesn't want certain people or relatives of tenants to visit at their homes. 112. After demand for repairs, they remained unfixed for at least 8 months of~the 12-month lease, of which most of the repairs were not done when. we moved out or until right before we moved out. 113. The Defendant, Betty P. Nelson's refusal to fix the problems was defiant of the law and malicious in nature, the same as that of a slumlord. WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $7,264.75 plus interest, costs and fees. As well as compensation (money off total rent said due) for non- working appliances and sub-standard living conditions which Defendant, Betty P. Nelson refused to fix or refused to fix in a timely manner. Respectfully Signed, C ~-~ -~ I ~.: -- Joel A. Shoemaker Heidi A. Shenck f~.'/~~ ~~/~~~ 39 Cold Springs Rd. Carlisle, PA 17015 (717) 713-9117 (717) 486-6748 VERIFICATION Understanding that the making of any false statements would subject me to the penalties of the Crimes Code, 18 Pa. C.S. Section 4904 (relating to unsworn falsification to authorities),1 verify that the statements made in this Answer are true and correct, to the best of my knowledge, information and belief. Respectfully Signed, ~ ~ ~ _~~ Joel A. Shoemaker Heidi A. Shenck Date: ~- Date: `- - ,~~ =f-~ ~~ -- -- 39 Cold Springs Rd. Carlisle, PA 17015 (717) 713-9117 (717) 486-6748 f ~~ !'l.l `1.,11 ~'1t.J .~ ~` ., ~-. ~~~ 2~i2 ~~V ~5 PPS ~ ~ ~~ °-, CUhiBE~LA~U COU~~~7'`~` pENNSYLYANIA PROOF OF SERVICE OF (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALl'H OF PENNSYLVANIA COUNTY OF Cumberland ss 2~'%~ -- 5`$ 5~ -- ~ j ~~ ~ ~~ ~,~yr AFFIDAVIT: I hereby (swear) (affirm) that Iserved - 5~t~'~'a;h~ G~'~src%~l'h ~~l ~ j~~s_ 1 d ih~l~~~%',~ff~h~ ~~cy/~~' a copy of the ,Common Pleas No. ,upon the~kA~~t~i~~ designated th ein on ~.. ~ yj/ t (date of servic~~~L.6, 20 ~ , ~~ 3~ ~,/~~~ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name)~on _ ~~'~~''~~ ~, ~~/ SQh 1 ~~J~~ , 20 ,~ . by personal service^ by (certified) (registered) mail, sender'ss~att'" aarhed he eto. (SWORN~AFFIRMED) AND SUBSCRIBED BEFORE: ME THIS S AY OF o , 20 f Z i Si o offic' bef whom affidavit was made `,.,' ~, r '~ igna ure of a1f ant u 7'~., Title of official ~ ~, / My commission expires on .20 MY~ C~i~Won E1M ~ ' ~' M Monday of Jm. lOt~ AOPC 312A - 05 Notice of Appeal Page 2 of 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Betty P. Nelson Plaintiff, No. 2012-5555 CIVIL TERM V. Joel Shoemaker& Heidi Shenck, LANDLORD/TENANT APPEAL Defendants PRAECIPE TO DISCONTINUE AND END ACTION To the Prothonotary: Kindly discontinue, end and mark "settled"the within action, upon consedzrili roes.°r br I -D3 ? Respectfully submitted: ` FLOWER LAW, LLC '� w Dated: By: Thomas E. Flower, Esq. S. Ct. Id. #83993 Flower Law, LLC 10 W. High Street _, Carlisle, PA 17013 (717) 243-5513 Attorneys for the Plaintiff Consented to by the Defendants: 4 geoemaker Heidi Shenck