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HomeMy WebLinkAbout04-6540 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cv/11 eRt '-4wr.:> NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. (/ l./ - (p_~ 4 0 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. L- .,- tP 0 oC) 'J b 7- (/ Lf I MAG. DIST. NO. tJ1- 3.-CJ'f I NAMEOFD.J. .t.~""c;.I~U ;KG7 tYf 7c. rlC<:::L{) 11-/0/1-1/+> /1.. CITY STATE 11- ~t.-L- 17001 ~,J/l/ #3>z41--mrF f)..,'::r '-4.viF c...A-A../P H / L-L ~ 17o{ I IIN THE CASE OF (Plaintiff) (Defendent)' /I1;r;-#p, ;'/COIl ~~>l-I 1.1:;, PJ 'si-- /-f-/J.tEZ... P. Mt::?f'e;:;/<. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT If ~ ~ No. 1001(6) in .,Iion ZIP CODE NAME OF APPELLANT I'? J c.1f t!1 ~ P. fl1 t:: 7.(.p:72. ADDRESS OF APPELLANT 8,.... <5 ~'f ~.u, DATE OF JUDGMENT 1'2..-1:2(- 0'1- OOCKET No. This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signatul8 of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Jl1f:!'11. V/ 'v4::JIJ..J3/9-IOAj Name of appel/ee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. 0'1- U10 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. ~~- ~ature of appel/ant :r attorney or agent RULE: To 1'1 e-H .'::::/ .vtl~4-- ~A(~ Name of appel/ee(s) , appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Date: _ j}-! $uQu _' 20 (;> f_ tk~. f ~~ry<<- (3) The date of service of this rule if service was by mail is the date of the mailing. YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURl FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEAL TH OF PENNSYLVANIA COUNTY OF ; 5S AFFIDAVIT: I hereby (swear) (affirm) that I served o (date of service) ,20 , upon the District Justice designated therein on a copy of the Notice of Appeal, Common Pleas No. D by personal service D by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , 20 D by personal service D by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,20 Signature of official before whom affidavit was made Title of official My commission expires on ,20 ~ AOPC 312A - 02 ~ v.. , ~ .S\ ~ -..J (") C s:. -oiJ:.l rnrD -.....L ~ ~'. C) ef) ,. ~ ~t: ~C; ~ ~~~ ~ " ~ r-.::t c:;::;) 5? ~ w c:> -0 :Jt ~ &" -J Signature of affiant ~ ~:u ~FO ~~ 0:0 Z~ S ~ .,"'....../f COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-04 NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF: RESIDENTI~~E~~e~S~ IfiOORBAKSH, SARAH &: MEHDI I 310 INDIAN CREEK DR MECHANICSBURG, PA 17050 L ~ Mag Dlsl No OJ Name Hon THOMA~ A. PLACEY Address 104 S. SPORTING HILL RD. MECHANICSBURG, PA VS. Telephone (717) 761- 8230 17050 DEFENDANT: NAME and ADDRESS rMEYER, MICHAEL P 432 LAMP POST LANE CAMP HILL, PA 17011 L Docket No.: LT- 0000767 - 04 Date Filed: 12/14/04 I MICHAEL P. MEYER 432 LAMP POST LANE CAMP HILL, PA 17011 '" --1 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF [!] Judgment was entered for: (Name) NOORBAKSH, SARAH &: MEHDI Judgment was entered against MEYER, MICHAEL P in a [iJ Landlord/Tenant action in the amount of $ 3,206.50 on 12/21/04 . (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 1.400.00. The total amount of the Security Deposit is $ 1,400.00 . Total Amount Establishild b'lDJ Less' Security Deposit ApQ.Ii.Sld _ = Adjudicated8Aomoouonto Rent m Arrears $ 2,8UO.00 -$ .'00 - $ 2, . Physical Damages Leasehold Property $ 19.00 - $ .00 = $ 19.00 Damages/Unjust Detention $ .00 - $ .00 = $ .00 Less Amt Due Defendant from Cross Complaint $ .00 Interest (if provided by lease) $ ?SO _ 00 UT Judgment Amount $ 3,099.00 Judgment Costs $ 107.50 Attorney Fees $ _ 00 Total Judgment $ 3,206.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ [!J Possession granted if money judgment is not satlstled by time ot eViction. D Possession not granted. D Defendants are jointly and severally liable. D D D This case dismissed without prejudice. Attachment Prohibited/ 42 Pa.C.S. S 8127 Possession granted. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. . '. \11" :J ' . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESl:E~ib tH'E JUDGM$NT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTGJ! PAYS1N FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. .;; I a-c1l-Crl Date ~ tJ I certify that this is a true a~rt cOlJy uT the {cord of the proc ,,;} - ~ \ - cH Date / _' Mv commission expires first Monday of January, 2'010. AOPC 315A.03 . , District Justice ngs containing the judgment. , Distridt Justice SEAL ;::, J~ __"W.'__, ' .~ , -!" .......... ..^ ~, , '':" ,,-~ ~ .' \P':1P~ """l'~-"m~- . ,,"'" '.' ~_~' T', ~...... "l" ""': ',' ~~T:' "\ !"~,,, ;.; <;!;><1,1",' " ~" ,~"."" '..,...,...." -~~---"l'"J COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of t,,,'1,, .07 t "y f.V"0 ,r NOTICE OF APPEAL FROM DIISTRICT JUSTICE JUDGMENT c LJ / .." 1_"''' .-1 -' i~.I) "'> ...., J COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeall'rom the judgment rendered by the District Justice on the date and in the case referenced below. ,."j";,.'.... ;/~r', ~ /..: '.~ r'r{(('l ,.-- " 'l.."':;? .'., ,,:L..:/:9?y'~ / / (,,", ( " )" . " . '. STA~E ,{;..;ff.,!A';,l1".rj.J;r..f7~(.1 './//'\.e: .../...;;.',;;j....:-.r.-. rt" J",.j~ //~ ti::....,. l.......~_L/t--' ;..~f'i-iIJ,.~.!-...:'k.:!-rC)f. r . ....... . "J J _ r ' C "C..i .' IN THE C~E ;OF (P!aint~. ., .;.;'~~1./< .~/l " ,"'., .;:. V (Defendant)" .:>'1 ,_",!1'111h .~~..t ?""<"><-' V::, vS d''>?<:'">;./Cr<:' SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT I " ... ..r""''''; Nd.'~o,';;.5:" }, . " ,r . ZIP CODE 1..-.:;;:::: /~..\ r, " .?,i,.':::- /.1 r:iJ'll / ....... c1,""<:J6t.1 7"::' / This block will be signed ONL Y when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. , ",:., 7 , , .' /~ ~(! \~....( ~/ V[;. ~; C'hlimant (see ,~:.'-~.;~. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotal}' or Deputy ;. ~', i., PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see PaR.CPD.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonot~ry C.~^':? ,.. ~ ~-.-... _ -""" \ .' ~ .'-. " --" ):k~;: "'~f) '<' '5,I.J Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. I~) 't.{i k,S y '? ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. c;; i~.,:>< ";~:'t----' Sfgnature of appellant or attorney or agent RULE: To , M t'-'(:, r;;;;i ."JL'c},:t .::?.-.] -0<; .::>1,' - Name of appellee(s) , appellee(s) (1). You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you 1:/0 not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Date: ./aL-/,:12_,20 e>L' f rothonotary or Deputy (3) The date of service of this rule if service was by mail is the date of the mailing. YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTlTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE _....1 "_.~."..":-':' ;,~':"'~~ " PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER tiling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Q.c:; 1'1 B ,,'1C. &-ft-(V":;;' ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served J....,-Ct.J~'O _'1~c,_ 0'-) a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) ')LI ~ I ,200-1, 0 by personal service ~y {certified) (registered) mail, _T sender's receipt attached hereto, and upon the appellee, (name) }II c: HV, ~ 'MI c: $/-1 ' on ll-l3' I tJ~ ' 20 0 of 0 by personal service ~ ~certifie!1) ~registere~) mail, sender's receipt attached hereto. g/ BSCRIBED BEFORE ME 4h' p' 200!":" . Title of official SUSAN J. MILLER. Notary Public ~"IPBoro. Cumberland c~ty My Commission Expires sept. t9, OOS My comm!ss () C <- -c..' ;i~ mrrc ~l (I)):' ~~~- ~'_.' )>(~ :z: s>C c ~ AOPC 312A - 02 \. .,,---_...~._~_.. ...... Signature of affianl ,....., = ~ c:.n Co. > Z f Ul -0 :n: N U1 \.0 o -n ~:n -oFn 96 -r -rt -"71 f.;? 0 om ~ :-.0 -< COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-04 NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF: RESIDENTI~~E~n~~~s~ fNOOREiAKSH, SARAH & MEHDI 'I 310 INDIAN CREEK DR MECHANICSBURG, PA 17050 L ~ Mag D,s!_ No.: DJ Name" Hon. THOMA'S A. PLACEY Address 104 S. SPORTING HILL RD. MECHANICSBURG, PA VS. Telephone: (717) 761-8230 17050 DEFENDA 'JT: NAME and ADDRESS ~YER, MICHAEL P 432 L..MlP POST LANE CAMP HJ:LL, PA 17011 L Docket No.: LT-0000767-04 Date Filed: 12/14/04 'I THOMAS A. PLACEY 104 S. SPORTING HILL RD. MECHANICSBURG, PA 17050 !'1t ~ .' ,'5 >~ THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF [!] Judgment was entered for: (Name) NOORBAKSH, SARAH & MEHDI Judgment was entered against MEYER, MICHAEL P in a [i] Landlord/Tenant action in the amount of $ 3,206.50 on 12/21/04 . (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 1.400.00. The total amount of the Security Deposit is $ 1, 400 . 00 . Total Amount Established b~ DJ less' Security Deposit Apo.li.ed = = Adjudicated AOffiounb Rent m Arrears $ 2,8'00.00-$ .'00 $ 2,810.0 Physical Damages leasehold Property $ 19.00 - $ .00 = $ 19.00 Damages/Unjust Detention $ _ 00 - $ _ 00 - $ _ 00 less Amt Due Defendant from Cross Complaint - $ _ 00 Interest (if provided by lease) $ 280 nn UT Judgment Amount $ 3,099 _ 00 Judgment Costs $ 107 _ 50 Attorney Fees $ _ 00 Total Judgment $ 3,206.50 Post Judgmemt Credits $ Post Judgment Costs $ Certified Judgment Total $ Ime 0 eVlc Ion. D Defendants are jointly and severally liable. D D D Attachment Prohibited! 42 Pa.C.S. S 8127 This case dismissed without prejudice. Possession granted. [!] D Possession granted if money judgment is no sa IS Ie Possession not granted. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS. THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUSJ,CQME:F;J:WM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. .:.\\\ \ t'i J (I" '/".'. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERES1:E1i~'\~Ii'JU&>~t~MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT D65T~.pAY~HNFFU.(t.'<SE:rrLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.f .,::?;.'<.' -, .' :<....-;:>. : ~. .... """r .. .. : -.". ... ,-~ . ffJ -- .--,..,. . ~ \.::::...; District Justfce'~r.' mgs contaJrlJng~! -rJV Qfl:le,nt. " \ . "', . (:! .. V ~, <"' . ;'Dlstridt .Justice SEAL SARAH NOORBAKSH and MEHDI NOORBAKSH, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-6540 MICHAEL P. MEYER, Defendant CIVIL ACTION 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 twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 NOTICIA Le han demandado a usted en 10 corte. Si usted quiere defenderse de estas emandas expuestas en las paginas siquientes. usted tiene viente (20) dias de plaza 01 partir de 10 fecha de 10 demanda y 10 notificacion. Usted debe presentar una apariencia eserita 0 en persona 0 par abogado y archivar en 10 corte en forma eserita sus dtensas 0 sus objeciones a las demandas en contra de su persona. Seo avisado que si usted no se defiende, 10 corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en 10 petidDn de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO T1ENE ABOGADO 0 SI NO T1ENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUHlTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 SARAH NOORBAKSH and MEHDI NOORBAKSH, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAl\D COUNTY, PENNSYLVANIA v. NO. 04-6540 MICHAEL P. MEYER, Defendant CIVIL ACTION COMPLAINT 1. Plaintiffs are adult individuals residing at 310 Indian Creek Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant Michael P. Meyer is an adult individual residing at 432 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania 17011. COUNT I (BREACH OF CONTRACT) 3. On or about May 21,2004, Plaintiffs and Defendant entered into a written Residential Lease Agreement whereby Plaintiffs agreed to lease to Defendant the residence located at 432 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania, 17011 for a term of one (I) year and in exchange Defendant agreed to pay rent in the amount of $1 ,400.00 per month. In addition, under the Residential Lease Defendant agreed to pay all utilities, and sewer and trash costs. A true and correct copy of the aforesaid lease is attached hereto as Exhibit "A". 4. Defendant has breached the lease agreement by failing and refusing to pay rent and additional amounts due under the lease as follows: (a) 3 months @ $ 1,400.00 per month: = $4,200.00 (b) Late fees for 5 months @ $70.00 per month: = $ 350.00 Total unpaid rent plus late fees: $4,550.00 (c) Unpaid sewage and trash late fees: = $ 19.00 Total Amount Due: $4,569.00 5. Despite demand for payment by Plaintiffs, Defendant has failed and refused to pay the outstanding rent and other amounts as set forth above. 6. Defendant's failure and refusal to pay the rent and other amounts due under the lease constitutes a default and breach of the lease. 7. As a result of Defendant's breach of the lease, Plaintiffs' have suffered damages in the principal amount of$4,569.00. 8. The terms of the lease authorize an award of\at,~ fees to Plaintiffs. 9. Plaintiffs are the record owners of the premises, which is the subject ofthe lease. 10. All conditions precedent for the bringing of this action have occurred and/or have been performed. WHEREFORE, Plaintiffs, Sarah and Mehdi Noorbaksh, respectfully request this Honorable Court to enter judgment in their favor and against Defendant, Michael P. Meyer, in the amount of$4,569.00, plus costs, interest and attorney's fees. COUNT II (IN THE ALTERNATIVE: UNJUST ENRICHMENT) II. Plaintiffs incorporate herein by reference the avennents of paragraphs I through 10 above as if set forth fully herein. 12. Plaintiffs provided Defendant residential housing space in their residential property as more specifically set forth above. 13. The lease payments that were to be made for Defendant's occupancy of Plaintiffs' residential property are the fair and reasonable prices for similar residential space and are the prices that Defendant agreed to pay. 14. The Plaintiffs did not provide the Defendant with residential space as a volunteer. 2 15. The Defendant agreed to pay the prices for leasing Plaintiffs' residential space set forth above. 16. Defendant has failed and refused to pay for the occupancy and use of the Plaintiffs' residential property. 17. There remains due and owing the principal amount of$4,569.00 for the Defendant's occupancy of the Plaintiffs' residential property. 18. As a result of the Defendant's use of the Plaintiffs' residential property without paying for same the Defendant has become unjustly enriched at the Plaintifffs' expense in the principal amount of$4,569.00. 19. While the Defendant occupied the Plaintiffs' residential property the Plaintiffs were unable to lease the occupied property to another paying tena.nt. 20. It would be unjust to permit Defendant to benefit from the occupancy of the Plaintiffs' residential property without paying for same. WHEREFORE, Plaintiffs, Sarah and Mehdi Noorbaksh, respectfully request this Honorable Court to enter judgment in its favor and against Defe:ndant, Michael P. Meyer, in the amount of $4,569.00, plus costs, interest and attorney's fees. COUNT III (IN EJECTMENT) 2 L Plaintiffs incorporate herein by reference the avelments of paragraphs I through 20 above as if set forth fully herein. 22. The lease agreement authorizes the Plaintiffs to commence an action in ejectment and to expel Defendant in the event of default by Defendant. 23. Defendant has defaulted on the lease by failing to pay rent and other amounts as they have come due, and Defendant has failed to cure the default. 3 24. Despite defaulting on the lease as set forth herein, Defendant remains in possession of the leased premises. 25. On November IS, 2004, Plaintiffs served Defendant with a ten-day notice of intent to terminate the lease. Defendant refused to vacate the premises after the expiration of the ten-day termination period. A true and correct copy of the ten-day notice is attached hereto and incorporated herein by reference as Exhibit "B". 26. By virtue of Defendant' s breach of his obligations under the lease and by virtue of Plaintiffs' termination of the lease, Plaintiffs are entitled to posse:ssion ofthe premises. WHEREFORE, Plaintiffs, Sarah and Mehdi Noorbaksh, respectfully request this Honorable Court to enter judgment in ejectment in their favor and against Defendant, Michael P. Meyer, for possession of the leased premises plus costs and attorney's fees. RespectfulIy submitted, REAGER & ADLER, P.C. Date: January 2.1 ,2005 $~ Peter R. Wilson, Esquire Attorney LD. No. 87655 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorney for Plaintiff 4 Residential Lease Landlord Business Relationship with PA Licensed Broker. J. Jack Gaughen Realtor, ERA 2. Rental agent for seller - B. Wirth, 717-697-4673 3. Address: 101 Old School House Lane, (717) 657-0822 Mechanicsburg, PA 17055 Tenants Business Relationship with P A Licensed Broker. 1. Jack Gaughen Realtor, ERA 2. Procuring Cause/Agent for Tenant/S. Durisek May 19th, 2004 Landlord: (717)652.0615 (717) 652-8047 Aid ~O/~d& & c5a.~ ;/co/kkY! All registered OJvllers of 432 Lompost Lalle, Camp Hm, PA /7011 Michael P. Meyer 432 Lampost Lane, Camp Hill, PA 1701 I One year, to commence June 1,2004 and to end June 1,2005 at 12:00 a.m., modified by attorney Robinson letter of May 7, 2004. Tenant: Premises: Term: I. Rent. The sum of Fourteen hundred dollars, $1,400.00 beginning June 1,2004 at a local bank such as Legacy Bank or Commerce Bank or at a local lending institution that Landlord may designate such as Landlord agrees to all terms of Attorney Robinson's letter of May 7, 2004. 2. Cosigners. None for Tenant. for Landlord 3. Landlord Contact Information. Address!" /1,leJ.dt '(; (')O,f;..A ;/co/~)qksr/ Phonel7n -- Ll-4-J - gbqq , Name t,,:~1 0 Z0cJ(A,~ C/i:cl' j)/I~/LI ;VJec-~tfI1k:SJt19 /7fJJO Landlord hereby certifies that all heating, plumbing and :1ir conditioning, roof find electric of subject 'premises are in sound operating, condition at time of lease execution and date of occupancy. ' Tenant is hereby allowed to enter and store articles in subject premises from date of execution by tenant not to occupy as a residence until June I, 2004. Tenant agrees to hold Landlord harmless for such storage and to have in excess of$50,000.00 insurance effective from date of occupancy. 4. Security Deposit. Lessee has previously deposited with Jack Gaughen the sum of Fourteen hundred dollars ($1,400.00), receipt of which has been acknowledged by Jack Gaughen agent (check #2020 of April 27, 2004) for the faithful performance oflessee of the terms thereof, to be returned to lessee with legal interest since June \, 2004. ~ ~fl ---,.--- 5. Quiet Enjoyment. Lessor covenants that on paying the rent and performing the covenants herein contained, Lessee shall peacefully and quietly have, hold and enjoy the demised premises for the agreed term and any extensions thereof. 6. Use of Premises. The demised premises shall be used and occupied by Lessee as a private, single family residence during the term ofthc lease by Lessee and for the purpose of carrying on his home office business. Lessee shall comply with all the sanitary laws, ordinance, rules and orders of appropriate governmental authorities affecting the cleanliness, occupancy and preservation of the demised premises, during the term of the lease. 7. Number of Occupants. Lessee agrees that the demised premises shall be occupied by no more than one person, consisting of one adult and no children, without the written consent of Lessor. 8. Condition of Premises. Lessee stipulates that he has e,,,mined the demised premises, including the grounds and improvements, and that they are, at the time ofthis lease, in good order, repair and a safe, clean condition. Exception: Basement walls require rebondexing or waterproof paint. Attorney Robinson letter of May 7, 2004 refers and is attached hereto and an integral part of this lease. 9. Assignment and Subletting. Without the prior written consent of Lessor, Lessee shall not assign this lease, or sublet or grant any concession or license to use the premises or any part thereof. A consent by Lessor to one assignment, subletting, concession, or license shall not be deemed to be a covenant to any subsequent assignment, subletting, concession 0 license. An assignment, subletting, concession or license without the prior written consent of Lessor, or an assignment or subletting, by operation of law, shall be void and shall, at Lessor's option, terminate this lease. 10. Alterations and Improvements. Lessee shall make no further alterations to the buildings on the demised premises or construct any building or make other improvements on the demised premises without the prior written consent of Lessor. All alterations, changes, and improvements built, constructed, without the written consent of Lessor, with the exception of fixtures removable without damage to the premises and movable personal propelty, shall unless otherwise provided by written agreement between Lessee and Lessor, shall be void and shall, at Lessor's option, terminate this lease. 11. Dangerous Materials. Lessee shall not keep or have on the leased premises any article or thing ofa dangerous, inflammable or explosive character that might unreasonably increase the danger of fire on the leased premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 12. Utilities. Lessee shall be responsible for arranging for and paying for all utility services required on the premises, except that sewer and trash as per Hampden Township Invoice delivered to Lessor and subsequently paid quarterly by Lessee upon receipt of Lessor invoice for same. 13. Maintenance and Repair. Lessee will, at his sole expense, keep and maintain the leased premises and appurtenances in good and sanitary conditions and repair during the term of this lease and any extension thereof. In particular, Lessee shall keep the fixtures in this house or on about the premises in good order and repair; keep the furnace clean; keep the electric bells in order; keep the walks free from dirt and debris; and, at his sole expense, shall make all required repairs to the plumbing, range, heating apparatus and electric and gas fixtures whenever damage thereto shall have resulted by Lessee's misuse, waste or neglect, or that of his employee, family agent or visitor. Maintenance and repair of the leased premises, not due to Lessee's misllse, waste or ncgkct or that of his employee, 2 )J family agent, or visitor, shall be the responsibility of Lessor or his assigns. Lessee agrees that no signs shall be placed or painting done on or about the leased premises by Lessee or at his direction without the prior written consent of Lessor, which approval shall not be unduly withheld by Lessor. Attorney Robinson letter of May 7, 2004 is attached and is an integral part of this lease. 14. Animals. Lessee shall keep no domestic or other animals on or about the leased premises without the written consent of Lessor. 15. Right of Inspection. Lessor and his agents shall have the right at all reasonable times during the term of this lease and any renewal thereof, to enter the demised premises for the purpose of inspecting the premises and all bnilding and improvements thereon with 24 hour prior notice to Lessee. 16. Subordination of Lease. This lease and Lessee's leasehold interest hereunder are and shall be subordinate, and inferior to any liens or encumbrances nOW or hereafter placed on the demised premises by Lessor, advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 17. Holdover by Lessee. Should Lessee remain in possession of the demised premises after the natural expiration of this lease, a new year to year tenancy shall be created between Lessor and lessee which shall be subject to all the terms and conditions hereof. 18. Surrender of Premises. At the expiration of the lease term, Lessee shall quit and surrender the premises hereby demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the elements excepted, not withstanding the provision of Attorney Robinson letter of May 7, 2004 to Jack Gaughen Realtor, ERA and agreed to on behalf of Landlord by B. Wirth, agent of Jack Gaughen. Realtor, ERA. 19. Default Ifany default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the perfonnance of or compliance with any other term or condition hereof, the lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may reenter the premises and remove all persons therefrom. Lessee shall be given written notice of any default or breach, and termination and forfeiture of the lease shall not result if, withinlO days of receipt of such notice, Lessee has corrected the default or breach or has taken action reasonable likely to effect such correction within a reasonable time. 20. Rent. A) B) C) Due date: 1" of each month without denial @ $1 ,400.00 . Yearly total term: $16,800.00 Ifrentai amount is more than 10 days late, tenant pays a late charge of5%, or $70.00. Tenant to pay $25.00 for any payments returned by institutions. D) 21. Abandonment. Ifat any time during the term of this lease, Lesse abandons the demised premises or any part thereof, Lessor may, at his option, enter the demised premises by any means without being liable for any prosecution therefor, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at his discretion, as agent for Lessee, relet the demised premises, or any part thereof, for the whole or any part of the then un-expired term, and may receive and collect all rent payable for virtue of such reletting, and, at Lessor's option, hold lessee liable for any difference between the rent that would have been payable under this lease during the L/!j / ""'00'" ",., """.,,,, ,,~. '''h.: ,,," ,,' '"""",,, '" ,_. ~ p such period realized by Lessor by means of such reletting. If Lessor's right of re-entry is exercised following abandonment of the premises by Lessee, the Lessor may consider any personal property belonging to Lessee and left on the premises to also have been abandoned, in which case Lessor may dispose of all SUdl personal property in any manner Lessor shall deem property and is hereby relieved of all liability for doing so. 22. Binding Effect. The comments and conditions herein contained shall apply to and bind the heirs, legal representatives and assigns of the parties hereto. 23. Included in Lease: A) All window treatments B) Refrigerator in kitchen C) Dryer in laundry room D) Dishwasher in kitchen E) Range/oven in kitchen F) Rug in dining room. 24. Utilities and Services: Tenant responsible for payment of: A) Cooking gas B) Electricity, including alc. C) Heat D) Hot and cold water E) Trash removal F) Sewage fees G) Lawn and shrubbery care H) Cable TV IN ACTION WHEREOF the parties have executed this lease on ~'1z I}, 2--0<1 <(- day and year ~st above ente(d. ~ ,_ "'''0' ,1,1~, "'"''' '9L~'::(' WITNESS (Lessor)0{ t:Z_t:z/~TED \::.;/ .l~/J. ooLf .- /J - .. // I WITNESS (LeSSee)(:/<--t DATED ?l (r/yJ~ ___ /.' :>1. f'~ E:::--5) , the cc: Attorney Robinson 4 May 4 '.004 Jack Gaughen, ERA C/o Barbara Wirth 101 Old Schoolhouse Lane Mechanicsburg, PA 17055 IN RE: Lease of 432 Lamp Post Lane Dear Ms. Wirth: I met with my client, Mi ~hae1 Meyer,: is afternoon concerning the above- mentioned lease. Mr. Meyer ml:i1ed you II chI k in the amount of$I,400 on Friday April 30th from a Delaware Post (Iffic~. You shoul, Ie in receipt of this check by now. :\1y client requests that the folio' Ni11! : changes be 11 de in the lease: I) Landlord agr.les 10 paint thll in! ior of the resid,mce off-white. 2) Due to tile di!ltall,:e between ter. 1t and landlord, Mr. Meyer would rather deposit his re.lt with a local ban or agent. 3) Occupancy dlLte 6115/04. 4) A right of first rei usa! for the tel nt concerning the sale of the subject property. My client is available to (xecute said Ie e at your Mechanicsburg office at your earliest convenience. Please fax, 1 copy of dIe 1 ,ised lease to my office at (717)334- 5463. Sincerely, Kevin G. Robinsoll KGR:m.ma NOTICE TO QUIT Name of Tenant: Mehdi and Sarah Noorbaksh Michael P. Meyer Name of Landlord: Date of Lcase: May 21, 2004 Leased Premises: 432 Lamp Post Lane, Camp Hill, PA 17110 Date of NOTICE TO QUIT: November 15,2004 To: Michacl P. Meyer 432 Lamp Post Lanc Camp Hill, PA 17011 YOU HAVE VIOLATED THE LEASE WHEN YOU DID NOT MAKE RENTAL PAYMENTS FOR THE MONTHS OF OCTOBER AND NOVF:MBER. BECAUSE YOU HAVE NOT MADE YOUR RENTAL PAYMENTS. YOU MUST LEAVE THE LEASED PREMISES WITHIN TEN (1 0) DAYS. IF YOU DO NOT LEAVE THE LEASED PREMISES AND GIVE POSSESSION OF THE LEASED PREMISES TO LANDLORD WITHIN TEN (10) DAYS. THE LANDLORD WILL BEGIN A LAWSUIT IN COURT TO HAVE YOU REMOVED FROM THE LEASED PREMISES. SINCERELY, MEHDI NOORBAKSH and SARAH NOORBAKSH AFFIDAVIT OF SERVICE I, Arthur C. Pursel, the undersigned adult individual, having been duly sworn upon my oath, state that I did serve a copy of the attached Notice to Quit upon Michael P. Meyer, the Tenant, by affixing a copy of the Notice to Quit to the front door of the Leased Premises, 432 Lamp Post Lane, Camp Hill, PA 17011, on November 15,2004 at 10:35 a.m. AfY:1;t WA;;"~ ~;. Pur e Subscribed and sworn to before me the Undersigned Notary Public on the 15th day of November, 2004. (!U4.4.Ald.-~ P.<UALHL<..<---n..----" My Commission Expires: 1-;;--/-1 jo'-/ NOTARIAL SEAl. ~ CASSANDRA T. ROSENBAUM. NeW)' PublIc Camp Hill Bora. Cumbeiland County My Commission Expires OoCflmbsr 4t 2004 S9J!dx3 UO . UIH dw1!::l l:ION\fSSVO VERIFICATION I, SARAH NOORBAKSH, verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I wlderstand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. Date: {kel/oS ( { By: o;f~~ SARAH NOORBAKSH OliZOi2ee5 15;~3 71 7~0~4~39 ~!:..3t" & Al~E~ "c I"iI:oGE 12 VWDlnCA nON 1. ~IEHD[ NOORBAKSH, verilY the avennenu of the forqolq docllll'Ml1t IlR tnID-' correct to my per.coat knowle4g.. infQflnation and ".li.f. I WKln.lQ4l1lat JilM ~ Im~in lilt marle $UbjetllO the penalties of 18 Pa. C.S, 0 4~, rc,latin& Ie IIUWOm. faltifi4lldOll to Juthontle, . D.le; L/-C)f)/~~~S-- '-- .Jb: [0 39'10 s~WeHl;.i.S USt:SGSS1L ~f:90 P661/P0/90 (-j ~~ 1 c~ ~ - SARAH NOORBAKSH and MEHDI NOORBAKSH, Plaintiffs : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. 04-6540 MICHAEL P. MEYER, Defendant CIVIL ACTION CERTIFICATE OF SERVICE 2 I S1 ~ AND NOW, this _ day ofJ ItNVI1'P( , 2005, I hereby verify that I have caused a true and correct copy of the Complaint, in the above-referenced matter, to be placed in the U.S. mail, first class, postage prepaid and by Certified Mail Return Receipt and addressed as follows: Michael P. Meyer 432 Lamp Post Lane Camp Hill, PA 17011 7lV Peter R. Wilson, Esquire Attorney LD. No, 87655 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorney for Plaintiff t?-, ~ c-'"' c..- ?' .;t:. ~ (.j', C) -,-. ..... ::r~ ...,~\ (r\f:"::' ~)\'D., .:~lc\, ~jC) S~ ~:'~\ '::'}?:O:) ,_.::',,([\ ::.:!, -c;:, -t:) ~ t'0 ,P- o - _, _~"J'-' ~~; 1::1.;1 717'30'34'33'3 RE~3E~ ,~:, ADl.ER ~: O~GE 02 tJ '1- (P5<tU VERIFICATION I. MEHDI NOORBAKSH, verify the averments of the foregoing docu.'tJent are true and correct to my personal knowledge, information and belief. I lUlderstand that false statements herein are made subject to the penalties of 18 Pa. c.s, S 4904, relating to unsworn falsification to authorities. Date: J / rXfJ/~{}cJ I , L~ ,~~ MEHDI NOORBAKSH OC')d\0\ ,--- --- ..---"-- . I -'--"" o ~~. ~,' '1) \~l\ ~;Y:;"-' ~-!j~ '-,> C':: .~ ?i~.-,'- ~j: t'~. L~.- :1. r"'> "'"' C;> <-,' t- :P -::z;. N 0' C' -n .--\ :r: ..,.. ij'l'l;e: ~n~ -~nl:.( f -'(,' ::J!'- ~ <.J1 f":> - SARAH NOORBAKSH and MEHDl NOORBAKSH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-6540 vs. MICHAEL P. MEYER, Defendant CIVIL ACTION NOTICE TO PLEAD TO: Sarah Noorbaksh and Mehdi Noorbaksh c/o Peter R. Wilson, Esquire Reager & Adler, P .C. 2331 Market Street Camp Hill, PA 17011 You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, 2 Fro '2.C)Cl~ Date Q~~< ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Df:fendant SARAH NOORBAKSH and MEHDI NOORBAKSH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-6540 vs. MICHAEL P. MEYER, Defendant CIVIL ACTION TO: Sarah Noorbaksh and Mehdi Noorbaksh c/o Peter R. Wilson, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 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 twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 SARAH NOORBAKSH and MEHDI NOORBAKSH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-6540 vs. MICHAEL P. MEYER, Defendant CIVIL ACTION ANSWER TO COMPLAINT I. Admitted in part, denied in part. Admitted upon information and belief that Sarah Noorbaksh resides at the address stated. Defendant, upon knowledge provided by Plaintiffs, is of the understanding that Mehdi Noorbaksh resides in the State of Texas. 2. Admitted. COUNT I (Breach of Contract) 3. Admitted. 4. The allegation ofthis paragraph is a legal condusion to which no responsive pleading is required. To the extent a response is required, the: allegation is denied. 5. Admitted in part, denied in part. Admitted that Defendant has not paid the outstanding rent as set forth in the previous paragraph. It is specifically denied, however, that Defendant has refused to pay the outstanding rent. On the contrary, Defendant has consistently advised Plaintiffs that he is prepared to pay rent upon confirmation that the premises is habitable as set forth in the counterclaim which follows. 6. The allegation ofthis paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. 7. The allegation ofthis paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. 8. The allegation of this paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. 9. Admitted upon information and belief. 10. The allegation of this paragraph is a legal conc:lusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. WHEREFORE, Defendant, Michael P. Meyer, respectfully requests this Honorable Court to enter judgment in his favor and against Plaintiffs, together with costs and attorneys fees. COUNT II (In the Alternative: Unjust Enrichment) 11. No response is required. 12. Denied. On the contrary, since September 21, 2004, when the heating unit for the premises was flooded through no fault of the Defendant, Plaintiffs have not provided Defendant with a suitable and habitable residential space, due only to Plaintiffs' refusal to have the heating system inspected for safety and a written report thereof provided to Defendant. 13. Admitted in part, denied in part. Admitted that the rental price set in the lease was the amount that the Defendant agreed to pay for a habitable residence with operating heat. It is specifically denied that said rental price is fair and reasonable for a residential premises that does not have a heating system that is operational and safe. 14. Denied. Defendant is without any specific knowledge as to the Plaintiffs' state of mind as alleged in this paragraph and, therefore, the allegation is denied. 15. Admitted, but only to the extent that Defendant agreed to pay the rental price as set forth in the lease agreement for a habitable residential property with an operational and safe heating system. 16. Denied. On the contrary, Defendant has repeatedly advised Plaintiffs that he was willing to pay the fair rental sum for the property upon the telms as previously set forth in the response to Allegation 13 above. 17. The allegation ofthis paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. 18. The allegation of this paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the: allegation is denied. 19. Admitted. 20. The allegation of this paragraph is a legal conc:lusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. WHEREFORE, Defendant, Michael P. Meyer, respectfully requests that this Honorable Court enter judgment in his favor and against Plaintiffs, together with costs and attorneys fees. COUNT III (In Ejectment) 21. No response is required 22. The allegation of this paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. 23. The allegation of this paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. 24. Admitted in part, denied in part. It is admitted that Defendant remains in possession of the leased premises. The allegation as to default is a legal conclusion to which no responsive pleading is required. To the extent a response is n:quired, the allegation is denied. 25. Admitted in part, denied in part. Defendant admits receipt of a notice to quit and admits that he remains in possession of the premises. The remaining allegations of this paragraph, specifically including any allegation, real or implied, that, under the circumstances and the totality of the situation, Plaintiffs were entitled to serve said notice to quit upon Defendant is specifically denied. 26. The allegation of this paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. WHEREFORE, Defendant, Michael P. Meyer, respectfully requests this Honorable Court to dismiss the Plaintiffs request for a judgment in ejectment and grant unto him an award of costs and attorneys fees. NEW MATTER (Affirmative Defense) 27. Defendantts responses to the allegations of Plaintiffs' Complaint numbered 1 through 26 are incorporated herein by reference. 28. The lease agreement between Plaintiffs and Defendant, at paragraph #13, provides, in part "Maintenance and repair of the leased premises, not due to Lessee's misuse, waste or neglect or that of his employee, family agent, or visitor, shall be the responsibility of Lessor or his assigns." 29. Due to flooding which occurred in September, 2004, Defendant has repeatedly and reasonably requested that the landlord obtain written certification that the heating system is in a safe operating condition. 30. Despite the repeated and reasonable requests of the Defendant, Plaintiffs have failed, or have refused, to provide Defendant with written certification that the heating system is in a safe operating condition. 31. Absent a heating system in a safe operating condition, Plaintiffs have failed to provide Defendant with a habitable dwelling and, therefore, Defendant is entitled to an abatement of rent until a heating system in safe operating condition is provided and/or verified. WHEREFORE, Defendant, Michael P. Meyer, demands judgment in his favor and against Plaintiffs, together with attorneys fees and costs of suit. COUNTERCLAIM Michael P. Mever v. Sarah Noorbaksh and Mehdi Noorbaksh 32. Defendantts responses to the allegations of Plaintiffs' Complaint numbered 1 through 26 and the New Matter as set forth in paragraphs 27 through 31 are incorporated herein by reference. 33. The real property that is the subject of this litigation borders the Conodoguinet Creek. 34. On or about September 21,2004, the remnants of Hurricane Ivan caused extensive rainfall and flooding throughout south central Pennsylvania. 35. As a result of the remnants of Hurricane Ivan, water backed up through the heating unit, which had been improperly connected to the municipal sewer system, and into the lower level of the subject dwelling. 36. The sump pump system provided by Plaintiffs failed, causing the flooding of the lower level. As a result of the failure of the sump pump, the heating unit for the home, located in the lower level, was flooded. Additionally, the sump pump system provided by Plaintiffs failed which, in conjunction with the backup of water through the heating system, caused the flooding ofthe lower level. As a result of the backup water through the heating system and the failure of the sump pump, the heating unit for the home, located in the lower level, was flooded. 37. As a result of the water backing up through the' heating system and the failure of the sump pump system, and the resultant flooding, Defendant was required to contact Leggett, Incorporated to provide emergency service at his own expens(~ in the amount of$218.00. 38. Subsequent to the flooding, Defendant requestl:d that Plaintiffs obtain an inspection of the heating system prior to the winter season to ensure that the heating system was operating properly and requested that a written report be provided to him so that he may be satisfied that said inspection had, in fact, occurred and that the: heating system was certified by a reputable heating servicing company as safe for operation. 39. As of this date, Plaintiffs have failed to provide Defendant with the written report as reasonably requested. 40. As a result of the failure of Plaintiffs to provide Defendant with written certification that the heating system was in safe operating condition, Defendant has not operated said heating system for fear of a dangerous condition. 41. As a result, Defendant has not had the benefit of the heating system provided with the house and has heated the premises with various space heaters, acquired at his own expense, and operated with an additional electrical expense incurred by Defendant. 42. The lease agreement between Plaintiffs and Defendant, at paragraph #13, provides, in part "Maintenance and repair of the leased premises, not due to Lesseets misuse, waste or neglect or that of his employee, family agent, or visitor, shall be the responsibility of Lessor or his assigns." 43. In failing to provide Defendant with written certification that the heating system was in a safe operating condition following the flooding that occurred in September, 2004, Plaintiffs have failed to provide Defendant with a fully habitable residence. 44. As a result of Plaintiffs' failure to make the necessary repairs and provide Defendant with certification that the heating unit is in a safe operating condition, Plaintiffs are in violation of the lease agreement as set forth in paragraph 42 above. 45. As a direct result of Plaintiffs' violation of the lease as set forth in paragraph 42 above, Defendant is entitled to an offset of the difference between the fair rental value of the property with the heating system and a fair rental value of the property without a heating system. 46. Defendant is also entitled to reimbursement for the emergency repairs in the amount of $218.00 that he obtained and paid for on or about September 21, 2004, as those repairs are the responsibility of the Lessor as set forth in Paragraph 13 of the Lease Agreement. WHEREFORE, Defendant, Michael P. Meyer, demands judgment in his favor, and against Plaintiffs, Sarah Noorbaksh and Mehdi Noorbaksh, in an amount not in excess of $50,000.00, together with attorneys fees and costs of suit or, in the alternative, Defendant respectfully requests that this Honorable Court grant him an oJIset as against any monies that may be due and owing by him to Plaintiffs as a result of the allegations of Plaintiffs' Complaint in this matter. Respectfully submitted, 2.. ~e~ '2.ooS DATE ~~)yp~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing Answer to Complaint, New Matter and Counterclaim are true and correct. 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. )J3(lo~ { ( ~04LIJ?~ MICHAEL P. MEYER Date CERTIFICATE OF SERVICE I hereby certifY that I served a true and correct copy of the foregoing Answer to Complaint with New Matter and Counterclaim Plaintiffs, by depositing same in the United States Mail, first class, postage pre-paid on the 2nd day of February, 2005, from New Cumberland, Pennsylvania, addressed as follows: Peter R. Wilson, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, P A 17011 Attorney for Plaintiffs c:2-?Vp< ROBERT P. KLlNE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attomey for Defendant C) <..... ", \ ':..:-'') \ (,J ""'''') ..( r<) o --'n (",,) :J :~ SARAH NOORBAKSH and MEHDl NOORBAKSH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-6540 vs. MICHAEL P. MEYER, Defendant CIVIL ACTION NOTICE TO PLEAD TO: Sarah Noorbaksh and Mehdi Noorbaksh c/o Peter R. Wilson, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, oS ~I/u:';- Date Q?~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Defendant SARAH NOORBAKSH and MEHDI NOORBAKSH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-6540 vs. MICHAEL P. MEYER, Defendant CIVIL ACTION TO: Sarah Noorbaksh and Mehdi Noorbaksh c/o Peter R. Wilson, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 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 twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 SARAH NOORBAKSH and MEHDI NOORBAKSH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs NO. 04-6540 vs. MICHAEL P. MEYER, Defendant CIVIL ACTION AMENDED ANSWER TO COMPLAINT 1. Admitted in part, denied in part. Admitted upon information and belief that Sarah Noorbaksh resides at the address stated. Defendant, upon knowledge provided by Plaintiffs, is of the understanding that Mehdi Noorbaksh resides in the State of Texas. 2. Admitted. COUNT I (Breach of Contract) 3. Admitted. 4. The allegation of this paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. 5. Admitted in part, denied in part. Admitted that Defendant has not paid the outstanding rent as set forth in the previous paragraph. It is specifically denied, however, that Defendant has refused to pay the outstanding rent. On the contrary, Defendant has consistently advised Plaintiffs that he is prepared to pay rent upon confirmation that the premises is habitable and upon the resolution of this law suit, as set forth in the counterclaim which follows. 6. The allegation of this paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. 7. The allegation of this paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. 8. The allegation of this paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. 9. Admitted upon information and belief. 10. The allegation ofthis paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. WHEREFORE, Defendant, Michael P. Meyer, respectfully requests this Honorable Court to enter judgment in his favor and against Plaintiffs, together with costs and attorneys fees. COUNT II (In the Alternative: Unjust Enrichment) 11. No response is required. 12. Denied. On the contrary, since September 21, 2004, when the heating unit for the premises was flooded through no fault of the Defendant, and until the Defendant obtained certification that the heating unit was safe and operational, Plaintiffs failed to provide Defendant with a suitable and habitable residential space, due only to Plaintiffs' refusal to have the heating system inspected for safety and a written report thereof provided to Defendant. 13. Admitted in part, denied in part. Admitted that the rental price set in the lease was the amount that the Defendant agreed to pay for a habitable residence with operating heat. It is specifically denied that said rental price is fair and reasonable for a residential premises that does not have a heating system that is operational and safe. 14. Denied. Defendant is without any specific knowledge as to the Plaintiffs' state of mind as alleged in this paragraph and, therefore, the allegation is denied. 15. Admitted, but only to the extent that Defendant agreed to pay the rental price as set forth in the lease agreement for a habitable residential property with an operational and safe heating system. 16. Denied. On the contrary, Defendant has repeatedly advised Plaintiffs that he was willing to pay the fair rental sum for the property upon the terms as previously set forth in the response to Allegation 13 above. 17. The allegation of this paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. 18. The allegation ofthis paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. 19. Admitted. 20. The allegation of this paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. WHEREFORE, Defendant, Michael P. Meyer, respectfully requests that this Honorable Court enter judgment in his favor and against Plaintiffs, together with costs and attorneys fees. COUNT III (In Ejectment) 21. No response is required 22. The allegation of this paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. 23. The allegation of this paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. 24. Admitted in part, denied in part. It is admitted that Defendant remains in possession of the leased premises. The allegation as to default is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. 25. Admitted in part, denied in part. Defendant admits receipt of a notice to quit and admits that he remains in possession of the premises. The remaining allegations of this paragraph, specifically including any allegation, real or implied, that, under the circumstances and the totality of the situation, Plaintiffs were entitled to serve said notice to quit upon Defendant is specifically denied. 26. The allegation of this paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied. WHEREFORE, Defendant, Michael P. Meyer, respectfully requests this Honorable Court to dismiss the Plaintiffs request for a judgment in ejectment and grant unto him an award of costs and attorneys fees. NEW MATTER (Affirmative Defense) 27. Defendant's responses to the allegations of Plaintiffs' Complaint numbered I through 26 are incorporated herein by reference. 28. The lease agreement between Plaintiffs and Defendant, at paragraph #13, provides, in part "Maintenance and repair ofthe leased premises, not due to Lessee's misuse, waste or neglect or that of his employee, family agent, or visitor, shall be the responsibility of Lessor or his assigns." 29. Due to flooding which occurred in September, 2004, Defendant repeatedly and reasonably requested that the landlord obtain written certification that the heating system is in a safe operating condition. 30. Despite the repeated and reasonable requests of the Defendant, Plaintiffs failed, or refused, to provide Defendant with written certification that the heating system is in a safe operating condition in a timely manner. 31. Absent a heating system in a safe operating condition, Plaintiffs failed to provide Defendant with a habitable dwelling and, therefore, Defendant is entitled to an abatement of rent for the period in which the heating system was not able to be certified in a safe operating condition. WHEREFORE, Defendant, Michael P. Meyer, demands judgment in his favor and against Plaintiffs, together with attorneys fees and costs of suit. COUNTERCLAIM - COUNT I Michael P. Mever v. Sarah Noorbaksh and Mehdi Noorbaksh 32. Defendant's responses to the allegations of Plaintiffs' Complaint numbered 1 through 26 and the New Matter as set forth in paragraphs 27 through 31 are incorporated herein by reference. 33. The real property that is the subject of this litigation borders the Conodoguinet Creek. 34. On or about September 21, 2004, the remnants of Hurricane Ivan caused extensive rainfall and flooding throughout south central Pennsylvania. 35. As a result of the remnants of Hurricane Ivan, water backed up through the heating unit, which had been improperly connected to the municipal sewer system, and into the lower level of the subject dwelling. 36. The sump pump system provided by Plaintiffs failed, causing the flooding of the lower level. As a result of the failure of the sump pump, the heating unit for the home, located in the lower level, was flooded. Additionally, the sump pump system provided by Plaintiffs failed which, in conjunction with the backup of water through the heating system, caused the flooding of the lower level. As a result of the backup water through the heating system and the failure of the sump pump, the heating unit for the home, located in the lower level, was flooded. 37. As a result of the water backing up through the heating system and the failure of the sump pump system, and the resultant flooding, Defendant was required to contact Leggett, Incorporated to provide emergency service at his own expense in the amount of$218.00. 38. Subsequent to the flooding, Defendant requested that Plaintiffs obtain an inspection of the heating system prior to the winter season to ensure that the heating system was operating properly and requested that a written report be provided to him so that he may be satisfied that said inspection had, in fact, occurred and that the heating system was certified by a reputable heating servicing company as safe for operation. 39. Defendant did not receive certification that the heating system was safe for operation and the heating system was not operational until approximately the end of February or the beginning of March, 2005. 40. As a result of the failure of Plaintiffs to provide Defendant with written certification that the heating system was in safe operating condition, Defendant did not operate said heating system for fear of a dangerous condition until early March, 2005. 41. As a result, Defendant did not have the benefit of the heating system provided with the house and has heated the premises with various space heaters, acquired at his own expense, and operated with an additional electrical expense incurred by Defendant. 42. The lease agreement between Plaintiffs and Defendant, at paragraph #13, provides, in part "Maintenance and repair of the leased premises, not due to Lessee's misuse, waste or neglect or that of his employee, family agent, or visitor, shall be the responsibility of Lessor or his assigns." 4 3. In failing to provide Defendant with written certification that the heating system was in a safe operating condition following the flooding that occurred in September, 2004, Plaintiffs failed to provide Defendant with a fully habitable residence for the period of time in which the heating system was not operational. 44. As a result of Plaintiffs' failure to make the necessary repairs and provide Defendant with certification that the heating unit is in a safe operating condition, Plaintiffs are in violation of the lease agreement as set forth in paragraph 42 above. 45. As a direct result of Plaintiffs' violation of the lease as set forth in paragraph 42 above, Defendant is entitled to an offset of the difference between the fair rental value of the property with the heating system and a fair rental value of the property without a heating system. 46. Defendant is also entitled to reimbursement for the emergency repairs in the amount of $218.00 that he obtained and paid for on or about September 21, 2004, as those repairs are the responsibility of the Lessor as set forth in Paragraph 13 ofthe Lease Agreement. WHEREFORE, Defendant, Michael P. Meyer, demands judgment in his favor, and against Plaintiffs, Sarah Noorbaksh and Mehdi Noorbaksh, in an amount not in excess of $35,000.00, together with attorneys fees and costs of suit. COUNTERCLAIM - COUNT II Michael P. Mever v. Sarah Noorbaksh and Mehdi Noorbaksh 47. Defendant's responses to the allegations of Plaintiffs' Complaint numbered 1 through 26, the New Matter as set forth in paragraphs 27 through 31, and the Counterclaim - Count I as set forth in paragraphs 32 through 46 are incorporated herein by reference. 48. Prior to entering into the Lease Agreement, both Plaintiff Mehdi Noorbaksh and the agent for Plaintiffs, Barbara Wirth of Jack Gaughen Realtor ERA, represented that the heat source for the basement area which Defendant has used as his office was to be provided by a woodstove insert to a fireplace located in the basement. 49. Subsequent to entering into the Lease and moving into the residence, Defendant learned from Anderson Chimney Sweeps that the chimney was not safe or operational. 50. Defendant relied upon the representations of Plaintiff and Plaintiffs agent in entering into his decision to rent the subject premises, and those representations were material to his decision to enter into the Lease Agreement that is the subject of this matter. 51. Had Defendant been made aware that there was not any viable or workable alternate heat source for the basement office area, he would not have entered into the Lease Agreement. 52. The misrepresentations of Plaintiff and Plaintiffs agent materially and adversely affected Defendant's quiet enjoyment of the use of the premises, specifically the intended use of the basement office area. 53. The misrepresentation of Plaintiff and Plaintiffs agent constitute a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 54. As a direct result of the misrepresentation of Plaintiff and Plaintiffs agent, Defendant is entitled to a full refund of all rents paid, plus his costs incurred, or, in the alternative, is entitled to an offset of the difference between the fair rental value of the property with the alternate heating system operational and a fair rental value of the property without the alternate heating system for the basement office area. 55. As a result of the violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, Defendant is entitled to an award of treble damages and attorneys fees. WHEREFORE, Defendant, Michael P. Meyer, demands judgment in his favor and against Plaintiffs, Sarah Noorbaksh and Mehdi Noorbaksh, in an amount not in excess of $35,000.00, together with treble damages, attorneys fees and costs of suit. Respectfully submitted, _?J /1 /o:O.~ DAT'E . Q~< ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-046 I (717) 770-2540 Attorney for Defendant VERIFICATION I verifY that the statements made in the foregoing Answer to Complaint, New Matter and Counterclaim are true and correct. 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. 3!iI I b <: }~J2 MICHA~ Date CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Amended Answer to Complaint with New Matter and Counterclaim Plaintiffs, by depositing same in the United States Mail, first class, postage pre-paid on the LLhday of /h If 1/ / , 2005, from New Cumberland, Pennsylvania, addressed as follows: Peter R. Wilson, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 Attorney for Plaintiffs Q?~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant j"\ " .-' f',;: .c.. ._--~--------------- SARAH NOORBAKSH and MEHDI NOORBASH Plaintiffs v. MICHAEL P. MEYER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA NO. 04-6540 CNIL ACTION PRAECIPE TO DISCONTINUE Please mark the above-captioned lawsuit as settled and discontinued with prejudice. Date: q/1/Lhf([> I " Date: 2b Scf'f" ?.ro~ Respectfully submitted, RBj;J!t;:c Peter R. Wilson, Esquire Attorney LD. No. 87655 2331 Market Street Camp Hill, P A 17011 Telephone: (717) 763-1383 Attorney for Plaintiffs Respectfully submitted, c:10?E}{p . Robert P. Kline, Esquire Attorney I.D. No. S'B1't5 714 Bridge Street P. O. Box 461 New Cumberland, P A 17070 Telephone: (717)~1o-2.5'\o Attorney for Defendant () ~; (. (~ :::2 ....., = = c.n U? rT1 --0 N W o -n -I ::C'"'T1 rnp 1)9 (2r(~_ -'--'-'1' ~L -e ~:,;(~ '~-rn S ?O :< ;1:':\" Z o