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HomeMy WebLinkAbout05-0061COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 05-6I CIVIL TERM 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. KD / E OF APPE MAG. DI T. NO. NAME OF D.J. Of «l 0 - I - o 1 4, ??.?m??1?J?, RESS 0 A T CITY ST E ZI, CODE 01 el V 'ef 'ID //////DG ENT d? TH ASE OF Plaint' n nt '. 3AE D K T -No. SIGNATU E OF APPEL OR ATTTNEY OR ASENT /--- 1 OO l/ V 1' r te/ 1.L? This block will be signed ONLY when this notation is required under Pa. If ap ellant s Clai t (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a Di ' •t Ju A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT 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 before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothono Enter rule upon mot( ' appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 05-6I CIVIL TERM ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Sig re of appellant or attorney or agent RULE: To appellee(s) Name of 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. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: Jan 4, 20050 - - - - - -- Signature oft-notary or )e,, YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT 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) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that 1 served a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 20 ? by personal service ? 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 signature ofaffiant C N C= -Z' rii t1? `, f no C- -0 rsa AOPC 312A - 02 . COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY OF.. Mag. Dist. No : 09-1-01 DJ Name: Hon. CHAR14XS A. CLEMENT, Address: 400., 'BRIDGE STREET OLDE TOWNE COMMONS NEW CUMBERLAND, PA Telephone: (717 ) 774 - 5989 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rSHEAFFER, TAMMIE 1002 BRIDGE STREET JR. NEW CUMBERLAND, PA 17070 -SUITE 3 L DEFENDANT: 17070 FRYAN, KATY 223 BROADWAY HANOVER, PA KATY RYAN L 223 BROADWAY APT/STE 2 Docket No.: LT-0000713-04 HANOVER, PA 17331 Date Filed: 11/24/04 THIS IS $O NOTIFY YbU THAT: Judgment: FOR PT.ATNTTFF X7 -- udgrnent was- entered foT' -(Name) `SHEAF 'SK; EINIlKIE __ -- _-- J J Judgment was entered against RYAN, KATY in a Landlord/Tenant action in the amount of $ 819.50 on 12/06/04 (Date of Judgment) The amount of rent per month, as establis hed by the District Justice, is $ 500.00. The total amount of the Security Deposit is $ 500.00 Total Amount Establish id QJ ess - Security Depo?I A%' d 50 0 0? - ? ??u = Adjudicated prr?ount 500 00 _ Rent in Arrears $ . $ . • $ . Physical Damages Leasehold Property $ .00-$ .00 = $ .00 Damages/Unjust Detention $ 7r.. 00 - $ _00 = $ 75.00 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ -00 LIT Judgment Amount $ 575.00 ? Attachment Prohibited/ Judgment Costs $ 94 . .50 42 Pa.C.S. § 8127 Attorney Fees $ 150 _ Q0 ? This case dismissed without prejudice. Total Judgment $ 819.50 ?X Possession granted. Post Judgment Credits $ Post Judgment Costs $ ? Possession rant d if t i d Certified Judgment Total f t t t d b t t $ g e money ju gmen s no ls evic sa le y ime o ion. C Possession not granted. ? Defendants are jointly and severally liable. 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 PROTHONOTARYICLERK 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 MUST COME'FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESfiEo W THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DESTOR PAYS IN FULL, SETTLES, e, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 1E1 - 12 0OAate District Justice I certify that this is a true and correct copy of the record of the procee k containirYg the judgment. Date My commission expires first Monday of January, 2008. AO PC 315A-D3 s? District Justice SEAL VS. NAME and ADDRESS APT/STE 2 17331 C3 ? O K? ?r -73 n v V t COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 05-61 CIVIL TERM 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 J ustice on the date and in the case referenced below. A E OF APPEW-ANn MAG. DIST. NO. NAME OF D.J. D RESS O AP L A iJ .. CITY ST?TE ZIP CODE t-. DATE F JUDGMENT TH ASE OF (Plaintiff) ndanl)' ){ This block will be signed ONLY when this notation is required under Pa. If ap ellant Claim nt (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a D1 3tri 1 Justic#)A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after fling the NOTICE of APPEAL. Signature or Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT 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 before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary s Enter rule upon t )) j; y( J? ?' . f. < l(? i appellee(s), to file a complaint in this appeal Name of appellee(s) ?, r 4J5-61 CIVIL TERM ?? .. _ ?`''? (Common Pleas No. ) within twenty (20) days after ernce OT rr'u) or s er enttry of ju41MI' -mol f - 6S. Sig ture of applant or attorney or agent RULE: To appellee(s) Name of 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. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: Jan,,-4, 20010 Signature of P nofary or -- - - - -- - -- - ?V p y.•? YOU MUST•INCLUDE A COPY 'OF1HE NOTICE OF JUDGMENTITRANSCRIFIT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE . . 0 *y n ci-I cr: o -? «e - 0 f rt ---.;; f PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PE SYLNIA COUNTY OF ; ss AFFIDAVIT: I hereby swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) ?? f J 20 D ij , ? by personal sse i e ? by (cerrttified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ?A jn/)9/ 20 ??s? ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN(AF.BIRMED) AND UBSCRIBED BEFORE ME r`'? THlS f! DAY OF ,S K -1 20 ?- V14o'6 /,_, ?y ry dd - signature ofaffiant Si atu re of official before hon davit de ONWEALI y OF PENNSYLVANIA al / F Notarial Seal Lorraine K. Miksovsky, Notary Public Title of official Hanover Boro, York County ,/'? ?f My Commission Expires Feb. 16, 2008 My COmmISSlOri expires on. 41- lember. Pennsvlr n;'? =,s, iat on Of Notaries -oci (SWORN)(AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 77$ DAY OF ANUARY 005 -- /" J _ /I /l 71- SIGNATU TITLE OF OFFICIAL MY COMMISSION EXPIRES ONk&/G , 20 eS-- COMMONWl?AL W P VAN A Notarial Seal Lorraine K. Miksovsky, Notary Public Hanover Born, York County My Commission Expires Feb. 16, 2008 Member. Pennsvivania Association of Notaries AOPC 312A - 02 C3 .M ru ti a I Rkb"ItRl D 6470 M i ru Pottage i $ 10.37 1 O , M Cer2itiec Fee $2.30 11) M '. 77 •, Return Receipt Fee ` $1.75 P 9 (Endorsement Required) p Restricted Delivery Fee r-a (Endorsement Required) ; $0.00 Sj yr C. Lrl $ $4.42 .?.?? O 5 ~ M Tote! Postage & Fees o O Sent i - O ,? ?. Wit: Ne., ?? ?_?_?_1-?' --- -t= -?? -l -=-? ..-- ----------- POBoxNo. _ City, - 2002 Certified Mail Provides: r ¦ A mailing receipt (asranay) Zooz eunf'008£ Wand Sd ¦ A unique identifier for your mailpiece ¦ A record of delivery kept by the Postal Service for two years Important Reminders: ¦ Certified Mail may ONLY be combined with First-Class Maila or Priority Mail. ¦ Certified Mail is not available for any class of international mail. ¦ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ¦ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ¦ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Delivery". ¦ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. I5 r?i??r; D MAIL, RECEIPT it Onl ; No Insurance Coverage Pro vi d) rmati n visit our website at www.usps.co N N ru ru O_ ra m N m 0 O 0 O r-q Li1 ru 0 0 N NEW r. 'tags i =l Fee $2.30 i ipt Fee $1.75 e c cared) r, i . zi y Fee $0 00 i e cuired) . I i :.s . & Fees $ $4.42 s PAc w ..a Z%5 ,/ 11? PI 4)Gtl r .r 60 . _I11 -J?j.?_._?il:1 ]LKJMQ..S_- t? ?? Certified Mail Provides: o- ' ¦ A mailing receipt (a.enay) zoog aunr'oose Wind Sd ¦ A unique identifier for your mailpiece ¦ A record of delivery kept by the Postal Service for two years Important Reminders: ¦ Certified Mail may ONLY be combined with First-Class Mai6 or Priority Maile. ¦ Certified Mail is not available for any class of international mail. ¦ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ¦ For an additional fee, a Return Receipt mayy be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ¦ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ¦ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. ?? pd A:,teA?cmberi?.not TAMMIE K. SHEAFFER, Plaintiff, KATY RYAN, Defendant V* : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 35 - 61 CIVIL TERM LANDLORD/TENANT APPEAL CIVIL ACTION - LAW 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 com- plaint 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 299-3166 TAMMIE K. SHEAFFER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, No. 05 - 61 CIVIL TERM V. : LANDLORD/TENANT APPEAL KATY RYAN, CIVIL ACTION - LAW Defendant NOTICIA Le han demandado a usted en la torte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICIN.A CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DOND'E SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,. PA 17013 Telephone: (717) 249-3166 -2- pd\CQM\SH EFFERTA LMDLRDWM TAMMIE K. SHEAFFER, Plaintiff, V. KATY RYAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05 - 61 CIVIL TERM LANDLORD/TENANT APPEAL CIVIL ACTION - LAW LANDLORD/TENANT COMPLAINT AND NOW, this 26th day of January, 2005, comes the Plaintiff, TAMMIE K. SHEAFFER, by and through her attorneys, Stone LaFaver & Shekletski, and files the following complaint, pursuant to Pa.R.C.P.J.P. 1007, averring as follows: 1. Tammie Sheaffer, owner of Bridge Street Realty LLC, (hereinafter referred to as the "Plaintiff") rented an apartment to Katy Ryan (hereinafter referred to as the "Defendant"), with the benefit of a residential lease dated August 16, 2004. The lease was for the residence located at 1004 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, 17070, and was for one (1) year to commence on September 1, 2004, through August 31, 2005. (Said lease attached hereto, marked as Exhibit "A", and made a part of the record hereof). 2. The lease specifically permitted the Defendant to occupy the premises prior to the first of the month by paying pro rata rent for -1- the balance of the month in addition to the first month's rent in the amount of $550.00. A fifty ($50.00) dollar discount would be given for all rents received before 2 p.m. on the twenty-fifth of each month for the preceding month. The Defendant moved in prior to the first of the month; however, no pro-rent was ever charged by the Plaintiff. 3. The lease required a $500.00 down payment as security deposit to be held in an escrow account. 4. The lease required a $25.00 non-refundable processing fee. 5. The lease specifically stated that the tenant would be responsible for a $250.00 cleaning fee if the apartment was not left in a satisfactory condition. Since the lease specifically permitted one pet, a dog named Sara, there was a cleaning fee provided for Carpet cleaning to be done by Castle Clean of Mechanicsburg due to the dog. 6. On or about July 19, 2004, the defendant herein presented check #0093 for the amount of $425.00 and cash in the amount of $100.00, representing the $500.00 security deposit and the non- refundable $25.00 processing fee. 7. The Defendant paid the rent in cash for the months of September, 2004, October, 2004, by directly depositing the rental amounts of $500.00 into the Plaintiff's checking account at Commerce Bank. The fifty ($50.00) discount was given even though the Defendant did not pay before the 25`h of those months. -2- 8. The Defendant has not paid, nor has any money been received for the month of November, 2004 It is now due and owing in the amount of $550.00. 9. The Plaintiff place a letter on Defendant's apartment front door on November 2, 2004, asking her to pay the rent or please vacate the apartment. 10. It is also became apparent that there was an additional person living in the apartment, which would have been an additional $50.00 per month; however, this was only with permission of the owner of the property. Permission was never sought, nor was additional money ever paid, both in violation of the lease. 11. Plaintiff filed a Landlord/Tenant complaint before District Justice Clement on November 24, 2004, for possession and judgement. 12. The Defendant vacated the rental property on or before November 30, 2004. 13. The Defendant left behind a washer and dryer when she moved and insisted that she will come back to collect these items. As a result, the Plaintiff has had to pay $100..00 to move the items to a safe, dry place, and $25.00 per month to store them. 14. District Justice Clement entered judgement on December 6, 2004, in both instances in favor of the Plaintiff and against the Defendants in the amount $94.50 for costs, $500.00 for rent in arrears ($1000.00 for rent in arrears less the $5C0.00 security deposit paid), $75.00 for damages (only one of two keys returned)to the apartment, $150.00 for attorney fees, and granted possession to the Plaintiff. -3- 15. On or about January 4, 2005, Defendant filed an appeal from the District justice order to the Court of Common Pleas of Cumberland County. 16. The Plaintiff files this complaint in response thereto. WHEREFORE, it is respectfully requested, that your Honorable Court find in favor of the Plaintiff and enter judgment against the defendants in the amount of $1000.00 for past due rent (less any security deposit), enter judgment for $94.50 for court costs, award reasonable attorney fees, award $500.00 per month for any additional outstanding due rent, award Plaintiff the costs of moving and storing the Defendant's personal items in the amount $100.00, plus $25.00 per month as it accrues, and any other relief that this Court deems just and proper. STONE LaFAVER & SHEKLETSKI By EIiar bet I.D. #60 414 Bri New C Tele Atty! new one,/ Esquire F717 reet rl d, A 17070 774-7435 r/Plaintiff -4- Ii pd\m,sVve,, fi.aff V E R I F I C A T I O N TAMMIEKSHEAFFER, states that she is the Plaintiff named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. TAN,'= SHEAFFER Date: /lay/O'?- pdAmis\lservice CERTIFICATE OF SERVICE I, Elizabeth B. Stone, Attorney at Law, of the law firm of Stone LaFaver & Shekletski, attorneys for Plaintiff, Tammie K. Sheaffer, hereby certify that on this date I served a true and correct copy of the within instrument on Defendant of record by first class mail, postage prepaid, addressed as follows: MS. KATY RYAN 223 BROADWAY HANOVER, PA DATE: January 26, 2005 M? ") n l' ? 1 7 `Zy TIt?-_ ?. v? y" •'? r? -rr? c?? ;E? ?7 r7 .(, 7 t 'q e-?r, 1- •iG C-> .. Gw Michael A. Hyrum, Esquire Supreme Court ID 485692 151 Reno Ave., Suite 202 New Cumberland, PA 17070 (717) 774-1357 mikehynum@comcast.net TAMMIE K. SHEAFFER, Plaintiff IN THE COURT OF CUMBERLAND CC ON PLEAS PENNSYLVAINA V. KATY RYAN, Defendant TO: Tammie K. Sheaffer, Plaintiff c/o Elizabeth B. Stone, Esquire Stone, LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 NO. 05-61 CIVIL TERM LANDLORD/TENANT CIVIL ACTION - LAW You are hereby notified to file a written response to the enclosed Ni twenty (20) days from service hereof or a judgment may be entered Michael A. Hynum, Esquire Supreme Court ID #85692 151 Reno Ave., Suite 202 New Cumberland, PA 17070 (717) 774-1357 Attorney for Defendant Matter within you. Michael A. Hyrum, Esquire Supreme Court ID #85692 151 Reno Ave., Suite 202 New Cumberland, PA 17070 (717) 774-1357 mikehynum@comcast.net TAMMIE K. SHEAFFER, Plaintiff V. IN THE COURT OF CUMBERLAND CC NO. 05-61 CIVIL TERM KATY RYAN, LANDLORD/TENANT Defendant CIVIL ACTION - LAW ANSWER AND NEW MATTER AND NOW, comes Defendant, Katy Ryan, by and through her a Hynum, and files the following Answer and New Matter in response to the Tammie K. Sheaffer, Plaintiff, on January 26, 2005. 1. Admitted. 2. Admitted upon information and belief. 3. Admitted. 4. Admitted. 5. ON PLEAS PENNSYLVAINA Michael A. filed by It is admitted that the Lease included a $250.00 cleaning feelclause. Defendant is without adequate knowledge as to whether a cleaning fee was paid to Mechanicsburg. By way of further answer, Defendant cleaned the ap out, and therefore, no cleaning fee should have been necessary. 6. Admitted. Clean of t before she moved 7. Admitted. 8. Admitted in part and denied in part. It is admitted that Defendant has not paid any money for the month of November, 2004. Otherwise denied. 9. Admitted. 10. Denied. It is specifically denied that there was an apartment. 11. Admitted. 12. Admitted. 13. It is admitted that the Defendant left behind a washer and dr collect these items and makes an immediate demand for same. 14. Admitted. By way of further answer, Defendant was only e, the apartment. 15. Admitted. ierson living in the and intends to given one key to 16. This averment amounts to a conclusory statement to which no response is required. WHEREFORE, it is respectfully requested that this Honorable Cou find in favor of Defendant and against Plaintiff, deny all relief requested by Plaintiff, dismi s Plaintiff's Complaint and provide any other relief to Defendant that this Court deems ust and proper. NEW MATTER COUNT 1 Breach of Implied Warranty of Habitability 17. The averments contained in paragraphs 1 through 16 herein re made a part hereof as though set forth in full. 18. From the time Defendant (Counterclaim-Plaintiff, hereinafter "Tenant"), moved into the apartment, the door did not latch or lock properly, the roof leaked, the toilet did not work properly and there was also no heat and no hot water the majority of the time that Tenant lived in the apartment. 19. Tenant gave notice to Counterclaim-Defendant (hereinafter I'Landlord") of the defect in condition. 20. Landlord had a reasonable opportunity to make such repairs and failed to do so. 21. The above conditions led Tenant to surrender possession of the premises. WHEREFORE, Tenant respectfully requests this Honorable Court to issue an Order terminating her obligation to pay rent to Landlord subsequent to October 3 , 2004 and such other relief as this Court deems just and proper. COUNT II Failure by Landlord to Return Deposits of Money Posted as Security 22. The averments contained in paragraphs 1 through 21 herein re made a part hereof as though set forth in full. 23. When Tenant took possession of the property, she deposited) with Landlord the sum of Five Hundred and 00/100 ($500.00) Dollars as security as required by Landlord. 24. Landlord retained Tenant's security at the termination of they lease and did not present Tenant with a list of reasons for retaining said security deposit, as required by statute. 25. Landlord is not entitled to retain the security deposit in lieu Of rent as Tenant was entitled to forgiveness of rent due to Landlord's breach of implied warrant}{ of habitability. WHEREFORE, Tenant respectfully requests this Honorable Court to issue an Order requiring: a) a return of double the amount of the security deposit to Tenant as required by statute because Landlord failed to provide a list to Tenant of damages to the leasehold premises for which Landlord claims Tenant is liable within thirty days leasehold. b) statutory interest payable by Landlord to Tenant from date c) termination of Tenant's obligation to pay rent to Landlord 2004 d) other relief which this Honorable Court deems just and proper. COUNT III Improper Notice to Quit 26. of the ofleasehold to October 31, The averments contained in paragraphs 1 through 25 herein are made a part hereof as though set forth in full. 27. Pursuant to 68 Pennsylvania Statute 250.501(b), Landlord fifteen days for Tenant to vacate premises. The eviction notice provided attached as Exhibit "A" dated November 12, 2004, specifically says she Rent sign in front of the building in seven days, violating Landlord's days notice as required by law. required to provide Landlord and be placing a For to provide fifteen 28. Landlord did not provide Tenant with valid Notice to Quit ak required by Pennsylvania Statute. WHEREFORE, Tenant respectfully requests this Court to issue an Order: a) Declaring that Landlord did not provide Tenant with proper notice to quit; b) Requiring a return of double the amount of the security deposit to Tenant as required by statute because Landlord failed to provide a list to Tenant of damages to the leasehold premises for which Landlord claims Tenant is liable within thirty days of termination of the leasehold; c) Awarding statutory interest payable by Landlord to Tenant from da?e of termination of leasehold; d) Terminating Tenant's obligation to pay rent to Landlord subsequent to October 31, 2004; e) other relief which this Honorable Court deems just and proper. COUNT IV Breach of Implied Covenant of Quiet Enjoyment of Possession 29. The averments contained in paragraphs 1 through 28 herein e made a part hereof as though set forth in full. 30. As stated hereinabove, Tenant had a lease with Landlord. As previously mentioned herein, Landlord did not provide heat to Tenant, did not make arrangements to fix certain plumbing and did not otherwise make arrangements to maintain the premises in habitable condition. 31. Landlord engaged in a continuing pattern of harassing beha?ior toward Tenant, evidence of which will be produced at trial. 32. Landlord's deprived tenant of the use and occupation of the eased premises. 33. Tenant's possession of the premises was impaired by landlord's actions and the utility of the premises must be substantially decreased by the landlord's interference with Tenant's rights and privileges necessary to the enjoyment of the premises. WHEREFORE, Tenant respectfully requests that this Honorable Court issue an Order: a) the return of all monetary consideration paid by Tenant to b) Declaring that Landlord did not provide Tenant with proper notice to quit; c) Requiring a return of double the amount of the security deposit to statute because Landlord failed to provide a list to Tenant of premises for which Landlord claims Tenant is liable within thirty the leasehold; d) Awarding statutory interest payable by Landlord to Tenant from leasehold; e) Terminating Tenant's obligation to pay rent to Landlord f) Such other relief which this Honorable Court deems just and gl,Icc Respectfully submitted, Michael A. Hyrum, Esgm 1 Supreme Court ID #8569 151 Reno Avenue, Suite 20 New Cumberland, PA 17070 (717) 774-1357 Attorney for Defendant/Coun as required by to the leasehold of termination of of termination of to October 31, 2004; I verify that the statements contained in the foregoing New correct to the best of my knowledge, information and belief I und statements contained herein are made subiect to the penalties of IS to unsworn falsification to authorities ? s Date: Matter are true and Michael A. Hynum, Esquire Supreme Court ID #85692 151 Reno Ave., Suite 202 New Cumberland, PA 17070 (717) 7741757 mikehynum@comcast.net TAMMIE K. SHEAFFER, IN THE COURT OF COMI?ION PLEAS Plaintiff CUMBERLAND COUN PENNSYLVAINA V. : NO. 05-61 CIVIL TERM KATY RYAN, LANDLORD/TENANT AP EAL Defendant CIVIL ACTION -LAW CERTIFICATE OF SERVICE On this 10- day of r 2005, I certify that copy of the foregoing ANSWER WITH NEW MATTER was served upon the following counsel of record for Plaintiff by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Elizabeth B. Stone, Esquire Stone, LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 Victoria Y. Cheers, Assistant to Michael. A. Hy Esquire , ?. : (5 f t , ? ?• ?,, ?„i pd\rpl\SHAEFFERTAMLAELRDCOM TAMMIE K. SHEAFFER, Plaintiff, V. KATY RYAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05 - 61 CIVIL TERM LANDLORD/TENANT APPEAL CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, this 20th day of April, 2005, comes the Plaintiff, TAMMIE K. SHEAFFER, by and through her attorneys, Stone LaFaver & Shekletski, and files the following Reply to Defendant's New Matter, pursuant to Pa.R.C.P.J.P. 1007, averring as follows: COUNT I BREACH OF IMPLIED WARRANTY OF HABITABILITY Paragraphs 1 through 16 of Plaintiff's complaint are incorporated by reference herein as if fully set forth at length. 17. No reply required. 18. Denied. During the time that Defendant rented from Plaintiff replaced the water heater, the entire HVAC system, a new heating system, new electrical wiring, and finally, the Plaintiff repainted the bedroom of the Defendant. By way of further answer, if -1- the Defendant had any of these problems, she never once reported any of this to the Plaintiff. The Plaintiff was aware, and was actively attending to the problem with the hot water heater. Defendant understood and refused to cooperate with the workers that needed access to the Defendant's apartment in order to work on the water heater. Defendant owned a dog which did not like men. Plaintiff reported to the Defendant about the dog/worker situation and instructed the Defendant on several occasions to temporarily remove the dog from the premises so that the workers could enter the property, the Defendant refused to cooperate with this simple_ request. 19. Neither Admitted nor Denied. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. 20. Denied. Plaintiff specifically denies that she failed to make repairs to the subject property. The Plaintiff sent the plumber to the property on numerous occasions to fix the heating and hot water problem; however, the majority of the time, the Defendant refused the workers access to her apartment. -2- 21. Neither Admitted nor Denied. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further: response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. WHEREFORE, the Plaintiff demands that judgment be entered against the Defendant; that Count I of the Defendant's Answer with New Matter be dismissed with prejudice; costs of suit to be paid by Defendant, counsel fees be awarded to Plaintiff; and such other relief as this Court deems just and proper. COUNT II FAILURE BY LANDLORD TO RETURN DEPOSIT OF MONEY POSTED AS SECURITY 22. Plaintiff's answers to Paragraph 1 through 21 herein are made a part of the record as though set forth in full. 23. Admitted. By way of further answer, on or about July 19, 2004, the defendant herein presented check #0093 for the amount of $425.00 and cash in the amount of $100.00, representing the $500.00 -3- security deposit and the non-refundable $25.00 processing fee. See also Paragraph 1 of Plaintiff's complaint for further answer. 24. Admitted and Denied. It is admitted that as of this point in time, due to the litigation, and the outcome and subsequent determination by the District Justice awarding the Plaintiff the security deposit for rental arrearages, that the deposit has not been returned. It is denied that the lease was properly terminated. The lease specifically stated that the tenant would be responsible for a $250.00 cleaning fee if the apartment was not left in a satisfactory condition. Since the lease specifically permitted one pet, a dog named Sara, there was a cleaning fee provided for carpet cleaning to be done by Castle Clean of Mechanicsburg due to the dog. The Defendant has not paid, nor has any money been received for .he month of November, 2004. The Defendant vacated the apartment on or about November 30, 2004. The past rent is now due and owing in the amount of $550.00. By way of further answer, the District Justice Clement ordered that the security deposit would be applied to the past due rent; and was awarded to the Plaintiff. Plaintiff still has the security deposit in escrow. 25. Denied. It is denied that the Defendant is entitled to forgiveness of rent due to an alleged breach of implied warranty of habitability. It is denied that there was any breach of any nature and proof thereof is demanded at time of trial. By way of further answer, it is specifically denied that the Landlord is not entitled to retain the security deposit in lieu of rent. Section 250.512 of the -4- Pennsylvania Rules governing landlord/tenant actions specifically deals with "Recovery of improperly held escrow funds". The emphasis is on the words "improperly held". A landlord has an obligation to provide a list within thirty (30) days of those damages and an amount thereof that she intends to withhold from the security deposit upon the tenant relinquishing the leasehold. If the landlord returns the deposit less the damages late, the ONLY amount subject to the penalty phase is the damage portion. And that amount is subject to be doubled if it is determined that this amount was improperly held. The District Justice hearing was held on December 6, 2004, just six days after the Tenant moved out, well before thirty (30) days requirement passed; therefore the statute does not apply. Proof thereof is demanded at time of trial. WHEREFORE, the Plaintiff demands that judgment be entered against the Defendant; that Count II of the Defendant's Answer with New Matter be dismissed with prejudice; costs of suit to be paid by Defendant, counsel fees be awarded to Plaintiff; and such other relief as this Court deems just and proper. COUNT III IMPROPER NOTICE TO QUIT 26. Plaintiff's answers to Paragraph 1 through 25 herein are made a part of the record as though set forth in full. -5- 27 . Denied. It is specifically denied that a Notice was placed as late as November 12 , 2004. It is averred that the Plaintiff placed a letter on Defendant's apartment front door on November 2, 2004, asking her to pay the rent or please vacate the apartment. This is all that is required by the Landlord Tenant Act.. Defendant failed to attach her Exhibit A to the New Matter representing the alleged notice; therefore, proof thereof is demanded at. time of trial. 28. Denied. See paragraph 27 above in full. WHEREFORE, the Plaintiff demands that judgment be entered against the Defendant; that Count III of the Defendant's Answer with New Matter be dismissed with prejudice; costs of suit to be paid by Defendant, counsel fees be awarded to Plaintiff; and such other relief as this Court deems just and proper. COUNT IV BREACH OF IMPLIED COVENANT OF OUIET ENJOYMENT OF POSSESSION 29. Plaintiff's answers to Paragraph 1 through 28 herein are made a part of the record as though set forth in full. 30. Denied. See Plaintiff's Answer in paragraph 18 in detail for this paragraph. -6- 31. Denied. It is specifically denied that the Plaintiff conducted herself in any other manner other than a professional relationship. Proof thereof is demanded at time of trial. 32. Denied. To the extent that the allegations of the corre- spending paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. Furl her, after reasonable investigation, Plaintiff is without knowledge to either admit or deny the averments of paragraph 32 and proof thereof, if relevant, is demanded at time of trial. it is respectfully requested, that your Honorable Court find in favor of the Plaintiff and enter judgment against the defendants in the amount of $1000.00 for past due rent (less any security deposit), enter judgment for $99.50 for court costs, award reasonable attorney fees, award $500.00 per month for any additional -7- outstanding due rent, award Plaintiff the costs of moving and. storing the Defendant's personal items in the amount $100.00, plus $25.00 per month as it accrues, and any other relief that this Court deems just and proper. STONE LaFAVER & SHEKLETSKI By E eth Stone, Esquire D. #6 51 414 Br'dge S Yeet New mb 1 nd, PA 170"10 Tele one- (717) 774-7435 Dated: Attorne for Plaintiff i 6 -8- VERIFICATION Tammie K. Sheaffer states that she is the Plaintiff named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. TAMMIE K. SHEAFF" Date: `7 ?/ ::?/ kJ; 'd V,Is\, Ze, CERTIFICATE OF SERVICE I, Elizabeth B. Stone, Attorney at Law, of the law firm of Stone LaFaver & Shekletski, attorneys for Plaintiff, Tammie K. Sheaffer, hereby certify that on this date I served a true and correct copy of the within instrument on Defendant's counsel of record by first class mail, postage prepaid, addressed as follows: Michael A. Hynum, Esquire 151 Reno Avenue Suite 202 New Cumberland, PA 17070 DATE: } T'. ? _ ,r, '? ' F ? F" Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 0.5 - L [ CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573