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HomeMy WebLinkAbout13-2350 Supreme Co . tW Pennsylvania Cour _ ofCdemmo leas For Prothonotary Use Only: A. J C VII Cerjs�ll Docket No: C ST CU6ERtiD County The information collected on this form is used solely court administration purposes. This form does not r supplement or replace the filing and sen4ce ofpleadings or other papers as required by law or rules of court. i Commencement of Action: i S El Complaint ® Writ of Summons 0 Petition ® Transfer from Another Jurisdiction Declaration of Taking �E Lead Plaintiff's Name: Lead Defendant's Name: C T PETER SMITH, LLC CANDY WETZEL I Dollar Amount Requested: 0within arbitration limits + I Are money damages requested? 0 Yes ll No (check one) []outside arbitration limits j0 N Is this a Class Action Suit? ® Yes El No Is this an MDJAppeal? ® Yes 0 No r A Name of Plaintiff /Appellant's Attorney: ROBERT G. RADEBACH, ESQUIRE i ® Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® J Intentional E3 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card ® Board of Assessment © Motor Vehicle ® Debt Collection: Other ® Board of Elections Nuisance J Dept. of Transportation ® Premises Liability g Statutory Appeal: Other S ® Product Liability (does not include mass tort) ® Employment Dispute: E Slander/Libel/ Defamation Discrimination C ® Other: ® Employment Dispute: Other © Zoning Board V T ® Other: I ® Other: i O MASS TORT ® Asbestos N I® Tobacco ® Toxic Tort - DES ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste J Ejectment ® Common Law /Statutory Arbitration B r3 Other: 13 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus ® Landlord/Tenant Dispute BNon-Domestic Relations I® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin Legal © Quiet Title E3 Other: ® Medical [3 Other: Q Other Professional: Updated 11112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER SMITH, LLC CIVIL ACTION - LAW Plaintiff vs . NO. — �v 1•��''G CANDY WETZEL and JENNIFER WINTERMYER IN EJCTMENT C": c: c:5 ; Defendant -0 3: w --� mu; a. • :,M - a -c r r: c - , NOTICE TO DEFEND _ CD c `:fi r --a YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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 REDUECED FEE OR NO FEE, CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 l o 3. Pa 13 'P3y Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717- 896 -2666 robradebachatty @aol.com Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER SMITH, LLC Plaintiff : CIVIL ACTION - LAW VS CANDY WETZEL and : NO. JENNIFER WINTERMYER Defendants COMPLAINT IN EJECTMENT 1. Plaintiff is PETER SMITH, LLC, a Pennsylvania Limited Liability Company with offices located at 4075 Linglestown Road, #244, Harrisburg, PA 17112. 2. Defendant CANDY WETZEL, is an adult individual residing at 120 East Dauphin Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania. 3. Defendant JENNIFER WINTERMYER, is an adult individual residing at 120 East Dauphin Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania. 4. Plaintiff is the owner in fee simple of premises known as 120 East Dauphin Street, Enola, Pennsylvania, described as follows: All that certain tract of land, together with the improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follows. BEGINNING at a point in the southerly line of Dauphin Street at the distance of 118.182 feet measured eastwardly along said line of street from the northeasterly extremity of the arc or curve having a radius of 10 feet connecting the easterly line of Wyoming Avenue with the said southerly line of Dauphin Street; extending eastwardly along said line of Dauphin Street curving toward the right with a radius of 292.838 feet, a distance of 107.309 feet; thence passing through the middle of the party wall between the house on this lot and the house on the lot adjoining on the East. South 33 degrees 47 minutes 07 seconds West 127.643 feet; thence North 10 degrees 20 minutes West 110.718 feet to the place of the BEGINNING. HAVING thereon erected a duplex dwelling house known and numbered as 120 East Dauphin Street. BEING designated as Cumberland County UPI: 09 -14- 0832 -152 BEING the same premises which Anthony G. Sferlazza, by deed dated July 4, 2011, and recorded July 7, 2011, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania at Instrument No. 201119010, granted and conveyed unto Peter Smith, LLC. 5. In August, 2012, Plaintiff advertized the property described in Paragraph 4, for rent as a dwelling house. 6. On or about August 15, 2012, Defendants responded to the advertisement, expressing interest in leasing the subject real estate for a residence, however no lease was signed for the property which was not then ready for occupancy. 7. Defendants requested that Plaintiff cease advertizing the property for rent and paid the sum of $500.00 to hold the premises for rental to them. 8. Despite the fact that the property was not ready for occupancy, defendants moved into the subject property and lived in it as their residence but have refused to sign a lease or pay rent. 9. Plaintiff avers that the possession of the property by defendants is without legal justification or any right. 10. Plaintiff avers that repeated notices to remove from the premises have been given to Defendants, who have failed and refused to vacate the subject premises, hence this suit.... WHEREFORE, Plaintiff demands Judgment against Defendants for: Possession of the lands described in Paragraph 4he . in and ch of r lief as the Court deems meet and proper in this matter, Robeh G. Radebach, Esquire 912 North River Road Halifax, PA 17032 717- 896 -2666 I. D. 19255 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER SMITH, LLC Plaintiff : CIVIL ACTION - LAW VS CANDY WETZEL and : NO. JENNIFER WINTERMYER Defendants I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: April 29, 2013 PETER SMITH, LLC BY: 6 P 9- V k Halkias, Member SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r, �ILEG-(�PFhl Sheriff = � I f'R0 �i N0�� Jody S Smith 20I3IKQY 13. AM 10e 37 Chief Deputy ,4v Richard W Stewart ° - CUMBERLAND Ci3Lk Solicitor F `i =�r ` ir= PENNSYLVANIA T�� Peter Smith, LLC Case Number vs. 2013-2350 Candy Wetzel (et al.) SHERIFF'S RETURN OF SERVICE 05/02/2013 07:59 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested.Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Candy Wetzel at 120 East Dauphin Street, East Pennsboro, Enola, PA 17025. TSHAL PUTY 05/02/2013 07:59 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Jennifer Wintermyer at 120 East Dauphin Street, East Pennsboro, Enola,PA 17025. sNAwLN,du-TVAI-I-,—D SHERIFF COST: $61.41 SO ANSWERS, 6 ,,�L ,:7 N 611� May 03, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuito Sherit(,Teleosoft,Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PETER SMITH, LLC :CIVIL ACTION—LAW Plaintiff -0Z -` � -a r n Cu VS ; Z� -x-c �r— Z t" e �'r. N) v CANDI WETZEL and JENNIFER WINTERWER D Defendant :NO. 13-2350 civil term C) :IN EJECTMENT co ANSWERS IN EJECTMENT 1. Neither admits nor deny. 2. Deny Candi Wetzel resides at 4 Jefferson Street, Duncannon, Penn Township, and Perry County Pennsylvania. 3. Deny Jennifer Wintermyer resides at 4 Jefferson Street, Duncannon, Penn Township, and Perry County, Pennsylvania. 4. Neither admits nor deny. 5. Admit. 6. Deny Jim Halkias, aka PETER SMITH, LLC, the plaintiff allowed defendants to rent the property and accepted the agreement that the first month's rent, August 2012, would be free if we painted the final coat in the living room. On or about August 15th, Mr. Halkias accepted $500 for the security deposit, and gave the keys to the property to the defendants. Mr. Halkias was to bring a lease the following Tuesday. 7. Admit and Deny refer to number 6. 8. Deny refer to number 6. 9. Neither admits nor deny. 10.Deny the plaintiff served, held, and was denied possession of said property through magisterial court 09-1-03. Dated April 18, 2013. The Plaintiffs testimony was false in one false in all. Judgment was in favor of the defendants. Please see Exhibit A WHEREFORE, Defendants request that this petition in its entirety be denied, defendants are no longer at the premises. Candi Wetzel (pro se) Jennifer Wintermyer (pro se) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PETER SMITH. LLC :CIVIL ACTION—LAW Plaintiff VS CANDI WETZEL and JENNIFER WINTERMYER Defendant :NO. 13-2350 civil term :IN EJECTMENT I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A 4904 relating to unworn falsification to authorities. Candi Wetzel (pro se) Jennifer Wintermyer (pro se) ove, = oo t District Court 09-1-03 RICHARD S. DOUGHERTY 98 South Enola Drive,Suite 1 Magisterial District Judge Tel.(717)728-2805 Enola,PA 17025 Fax(717)728-2808 April 18,2013 RE: PETER SMITH LLC (Robert G. Radebach, Esq.) PLAINTIFF CANDY WETZEL (pro se)and JENNIFER WINTERMYER(pro se) ADDENDUM: LT-35-2013 - Filed 04/04/2013 HEARING HELD ON APRIL 16.2013 AT 2:00 PM SUMMARY OF JUDGMENT Mr.James HALKIAS,agent and owner of PETER SMITH,LLC,testified he owns residential property at 120 East Dauphin Street,Enola,Cumberland County,PA. Mr.HALKIAS and the defendants provided testimony and exhibits to support their position regarding a verbal residential lease agreement for the identified premises. The docketed complaint(LT-35-2013)was fled in this court by Mr.HALKIAS on April 4,2013. The complaint asks for judgment in amount of$6,000.00 for damages to the identified property,to wit: "trespassing,garbage, cats,animal damage". It also requests judgment in amount of$6,000.00 for unjust detention. Total judgment request is for$12,000.00. In attempting to resolve the matter the court finds it absolutely impossible to enumerate the vast -r number of conflicts the parties have in this case. There is no written lease acid the parties are incomplete- and utter disagreement regarding numerous verbal agreements which may,or may not,have existed. The court was able to determine the defendants moved into the premises sometime around mid August,2012 and continue to occupy such. Defendants paid $500.00 as deposit and they never paid any monetary rent. Defendants testified they made many improvements to the property in lieu of rent and said they contacted the plaintiff many times in order to secure a written lease agreement but to no avail. After considering all testimony and exhibits presented, this court can only arrive at one inescapable conclusion. The complaint and pattern of conduct exhibited by Mr.HALKIAS represent a total disregard and affront to customary and established practices of Pennsylvania Landlord Tenant Law and to such a degree that this court must hesitate in granting any monetary judgment. Plaintiffs claim of $6,000.00 in damages is absurd and without merit. By his own sworn testimony he concedes the defendants have actually made improvements to the property. Plaintiffs demand for unjust detention in amount of$6,000.00 is completely unsupported by the facts and testimony. In his complaint the plaintiff avers "no notice (to quit) is required under the terms of the lease." The plaintiff is completely aware there is no lease in existence and therefore specific"terms of the lease" do not exist. Mr. HALKIAS testified the property had been inspected by East Pennsboro Township Officials and approved as a rental property. Based on the filing of new allegations by township officials,filed in this court on April 17,2013 such testimony is either false or greatly in error. The plaintiff asks for possession of the premises. Lacking any waiver of notice to quit the request for possession must rest on written notice to terminate the lease. Plaintiff presents a document dated October 21, 2012 as evidence of such notice. The document is entitled"Notice to Make Repairs&Pay Rent or Vacate within 10 days." Such does not constitute specific notice to terminate but rather incorporates a mere pay and stay demand. misrepresentations on his landlord tenant complaint this court is compelled to disregard his testimony as false in one—false in all. Therefore judgment is in favor of the defendants. Parties are advised of their right of appeal within 30 days or seek action in ejectment before the Common Pleas Court. The defendants should not consider this summary of judgment as any implied authorization or permission to continue occupancy of 120 East Dauphin Street. e c t, Richar S. erty,Jr. Distric udge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PETER SMITH, LLC CIVIL ACTION - LAW Plaintiff ' vs NO. �3�.5� U✓' -vim �:5 �„ ' F= CANDY WETZEL and JENNIFER WINTERMYER IN EJCTMENT �y. Defendant v,c, NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES,YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 TRUE COPY FROM RECORD In Testirrioray whereof,'!h and ere-unto set my-hand the f of said Court at Carlisle,Pa.; This day of 20.E Prothonotary �t Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty @aol.com Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER SMITH, LLC : Plaintiff : CIVIL ACTION - LAW VS CANDY WETZEL and : NO. JENNIFER WINTERMYER Defendants COMPLAINT IN EJECTMENT 1. Plaintiff is PETER SMITH, LLC, a Pennsylvania Limited Liability Company With offices located at 4075 Linglestown Road, #244, Harrisburg, PA 17112. 2. Defendant CANDY WETZEL, is an adult individual residing at 120 East Dauphin Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania. 3. Defendant JENNIFER WINTERMYER, is an adult individual residing at 120 East Dauphin Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania. 4. Plaintiff is the owner in fee simple of premises known as 120 East Dauphin Street, Enola, Pennsylvania, described as follows: All that certain tract of land, together with the improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follows. BEGINNING at a point in the southerly line of Dauphin Street at the distance of 118.182 feet measured eastwardly along said line of street from the northeasterly extremity of the arc or curve having a radius of 10 feet connecting the easterly line of Wyoming Avenue with the said southerly line of Dauphin Street; extending eastwardly along said line of Dauphin Street curving toward the right with a radius of 292.838 feet, a distance of 107.309 feet; thence passing through the middle of the party wall between the house on this lot and the house on the lot adjoining on the East. South 33 degrees 47 minutes 07 seconds West 127.643 feet; thence North 10 degrees 20 minutes West 110.718 feet to the place of the BEGINNING. HAVING thereon erected a duplex dwelling house known and numbered as 120 East Dauphin Street. BEING designated as Cumberland County UPI: 09-14-0832-152 BEING the same premises which Anthony G. Sferlazza, by deed dated July 4, 2011, and recorded July 7, 2011, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania at Instrument No. 201119010, granted and conveyed unto Peter Smith, LLC. 5. In August, 2012, Plaintiff advertized the property described in Paragraph 4, for rent as a dwelling house. 6. On or about August 15, 2012, Defendants responded to the advertisement, expressing interest in leasing the subject real estate for a residence, however no lease was signed for the property which was not then ready for occupancy. 7. Defendants requested that Plaintiff cease advertizing the property for rent and paid the sum of$500.00 to hold the premises for rental to them. 8. Despite the fact that the property was not ready for occupancy, defendants moved into the subject property and lived in it as their residence but have refused to sign a lease or pay rent. 9. Plaintiff avers that the possession of the property by defendants is without legal justification or any right. 10. Plaintiff avers that repeated notices to remove from the premises have been given to Defendants, who have failed and refused to vacate the subject premises, hence this suit.... WHEREFORE, Plaintiff demands Judgment against Defendants for: Possession of the lands described in Paragraph 4he in and ch of lief as the Court deems meet and proper in this matter, Rob G. Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 I.D. 19255 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER SMITH, LLC Plaintiff : CIVIL ACTION - LAW VS : CANDY WETZEL and : NO. JENNIFER WINTERMYER : Defendants 1 verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Dated: April 29, 2013 PETER SMITH, LLC BY: V/A JanVs Halkias, ember