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Home My WebLink About05-0085 -.. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT ENID IN PlUl'fDCl'ARY1S OFFICE 1/5/05 COMMON PLEAS No. 05-85 CIVIL TERM CUMBERLAND COUNTY 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 mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. stefanie M. Rrown ADDRESS OF APPELLANT 09-1-01 CITY STATE ZIP CODE 28 Robin Court DATE OF JUDGMENT Mechanicsburq PA 17055 IN THE CASE OF (PLAINTIFF) (DEFENDANT) 12/7/04 stefanie Lamprey (Brown)~ Mary Challenger CLAIM NO. CV YEARC:x:tX),)4 -04 SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT :..1'92- ~ __ --' . ,\,",Y ~~ If.appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. 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. Signature 01 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.J.P. 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 __' appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellartt or his attorney or agent RULE: To , appellee(s) Name of appel/eels) (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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: , Year Signature of Prothonotary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. -76 ~~ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (1 0) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served o a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year , 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name _' on , year _ , 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , year , 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR ___' My commission expires on , year __' Signature of Affiant ----------- f) ~) ~ 0 " lJ'\ ~ -.... \ c..r- . ('") ~ ~ _"J. c = 0 = "Tl ..~ c:.n ~ -uh1 <- :e:n ~ rnrr ::> ~ LT' :if: mr- -CJ- Zr I ~~ 0"'5> - 0{ -<~-' U1 0 ~C; --I ");> -, :Da ::r: - · Z'~ ) :x 1"-) "1 ~' >0 20 c: om -, Z -I ~ w ?:D <...> --< Signature of official before whom affidavit was made Title of official ~JAN-05-2005 WED 11:39 AM THOMAS, THOMAS, & HAFER FAX NO. 7172377105 p, 02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-1-01 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: ,NA~eandAOOReSS ~REY (BROWN), STEPHANIE ~ 28 ROBIN COURT MECHANtCSBORG, PA 17055 L ~ Mag Dial No: OJ Name i Hem. CHARLES A. CLEMENT, JR., , Add,re~:e: 40 o BRIDGE STREET OLDE TOWNE COMMONS ~SU!TE 3 NEW CUMBERLAND, PA Tal~pho~~: (717) 774.5989 17070 ATTORNEY FOR PLAINTIFF I DEFENDANT: NAME nnd ADDR~sS ,rcHALLENGER, MARY I 1 NORTH SEASON DR DILLSBURG~ PA 17109 L ~ Docket No,: cv~ 0000714 - 04 Date Filed; 11/30/04 VS. DOUGLAS B. KARCELLO 305 N FRONT ST , BOX 999 HARRISBURG,PA 17108-0999 .ll'~ THIS IS TO NOTIFY YOU THAT: " Juclgriiehf:-' [Xl Judgment was entered for: (Name) [i] Judgment was entered against: (Name) - .' J '. 'FbR nTi:'FF.N'ti};NT'" - C'.f1'~T,T.'F."lG1'i!'R, llA~Y T.J\MPRRV. (HROWN), Ri'f'RPJlANTR in tile all10unt of $ .00 on: (Date of Judgment) _ 1 ::1/07/04 (Date &. Time) . D Defendants are jointly and severally liable. D Damages will be assessl;)don: o This case dismissed without prejudice, Amount of Judgment. Judgment Costs Interest on Judgment Attorney Fees Total $ $ $ $ $ .00 .00 ~OO .00 .00 '. O Amount of Judgment SUbject to Attachment/42 Pa;C.S. S 8127 $ D Portion of Judgment for physical damages arising ,out of residential lease $ Post Judgment ,Credits $ Post Judgment Costs $._.. ' _____________' I ------------ . Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAl.. WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING II, NOTIC!;: OF APPEAL WITH THE PROTHONOTAFlY/CLERK OF THE COURT OF C9MMON PlEAS, CIVIL DIVISION, YOU MUST INCLUDE A COpy OF THIS NOTICE' OF JUOGMENT/TRANSCRIPT: FOAM WITH YOUR NOTlee OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEOURE FOR DISTRICT JUSTIC2S; IF THE JUOGMeNT HOLOER ELeCTS TO ENTER THE JUDGMENT IN THE CQURT OF COMMON PLEAS, ALL FURTI~ER PROCESS MUST COME FAOM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY l3e ISSUED BY THE DISTRICT JUSTICE. . . UNLESS THE J~DGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANVONE INTERESTED"lN Tf.iE JLW~MENT MAV FILE . ,\r .,. A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF 'THE JUDGMENT DE~;rt.>ij'lPA:v.SIN.FUl:.'I.., ,$'~TTlES. OR OTHERWISE COMPLIES WITH THE JUDGMENT, '<~~~';'., ,.' " I, ' . 0tI .. .-< '"" ." I~ .. ",' DEe ~7 2lJOjD.t~u ~ Q. ~,~. r:.:... \'~I~~~;:ju~tici' ; I certify that this Is a true and correct copy of the record of th~ p'~~;eed]ngs contain~i1)~ the'j1..Id'g:ment. , .rJ '" " t4tfrJ'~ " Date ',' [Djstr,ic\ dust\ce My commission expires first Monday of January, ':WOB . AOPC315-03 DATE PRINTED: 12/08/04 11:43:50 AM SEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM . ., DISTRICT JUSTICE JUDGMENT ne:; IN m:rl'HO.\Ur^I?Y'S OFFICE 1/5/05 COMMON PLEAS No. (l'S-aS CIVIL TERM JUDICIAL DISTRICT NOTICE OF APPEAL Notice is given that the appellant has filed in Ihe above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case menlioned below. NAME: OF APPELLANT ] MAG. 0I5T. NO. OR NAME OF D.J. ADDRESS OF APPELLANT CITY STATE ZIP CODE DATE Of JUDGMENT . IN THE CASE OF (PLAINTIFF) (DEFENDANT) ,'/ ,OJ ,'.'.: ,.;i-'!i , vs L_.. CLAIM NO. CV YEAR C[J :;(,.=ll'U'i______.. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT LT YEAR _________ _._~_ _..._ ,'- This block will be signed ONLY when this nolalion is required under PA. R.C.P.J.P. 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. /f. appel/ant was Claimant (see PA R.CP.JP. No. 1001(6)) in aclion before district Juslice, he MUST FILE A COMPLAINT within twenty (20) days after (;Iing his NOTICE o( APPEAL. Signature of Prolhono!ary 01 Depu/y PRAECIPE TO ENTER RULE TO FILE COMPLAINlf AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach .from copy o.f notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter ruie upon __, appeliee(sJ, to file a complaint in this appeal Name of appellee(s) (Common Pleas No. . ) within twenty (20) days after service of rule or suffer entry 01 judgment of non pros. Signature of appellant or his attorney or agent RULE: To , appellee(sl Name of appeJ/ee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within Iwenty(20) days after the date of service of lhis ruie 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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: , Year Signature of Prothonotary or Deputy White Green Yellow Pink Gold Prothonotary Copy Court File Copy Appeiant's Copy Appellee Copy D. J. Copy Proth. - 76 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 the notice of appeal. Check applicabte boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF (l1J.fY-bMl~--> ; 55 AFFI DAVIT: I hereby swear or affirm that I served r of the Notice of Appeal, Common Pieas No. M - 85 C.iui1 . upon the District Justice designated therein on (date of service) / ~ V , year fJ5" , 0 by personal service ~ertjfied) (registered) mail, sender's receipt attached hereto. and upon the appellee, (name ':-1'1J:J1LLj (! m ~ ~O J')f y"__~_ ____ __ ____, on I - U , year _~__, 0 by personal service ~rtjfied) ( gistered) mail, sender's receipt attached hereto, o and 1urther that I served the Rule to FHe a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ____ _________, year _~_~_._._, 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME "" '~l . 0'- TH1-l / 0 DAY OF \" !;<11'II;'~I"(,fEAR ~_..::.. LW U~..).)../ (( it[')~ Signature of official before whom affieJavit was made Vn;ja/}lf'l 7t1_L~~ '"'" ~ C~ c.n '- ~'-"-' C.J -,j Tille of "icial Gwen M. C\eCk, NotafY Public sMilY.~llWg,~n<::'~" MyconmiR.1yeommlSSl'oX,~ye r ____~ MomtlO<, p"m&y\YaniO A&sOCiatiOOOl- ".',) W O,[h'il 2L09 . ~ J! ~~ m~ <f) ~~lg.~-5~ a; 'g~ ~l o!l o a:~ ~- ~ E ~ -c 1ii 1!! ~~ lIlE ~ a::S .R~ 0.. -g~.g g !!:!. ltJ] ~ 0000 O,-'[E i~ i i~ ,jb~~ ~i::,r- ~,a" i~i'- i~~ ~ii! ,C\ , . , .Vji ~~~: ~~~r ,~ let . :i\i , :.gf _ iJ ilil ~..", i.~ ,v,o :u 200L .,7002 3150 0000 LJ ~ ~il' ~ ,f'O'. !!.~!1 O::tl '8 3[ ~~ ~ . .3 <0 ai a::o C'l (l) :JJ~::DR (II II'> &11I (lilt ~ "'tI * s-.< ~'S 8. 0 . ~$' ~il' $' i .... ~. Ii' ~~~.JJJ.' j' 11 ' \"l'I"I' , Fi6tU.h; l>M. " , . 7002 c .. . ~I:r .,' O . I Jill ......... .Q - 4.. _1'liIIIom,... --~ .......~ ~ . -....- 3150 rl!l<tw,IWJ .... 0000 60 0,,", 72 8243 J, ;:>\ : ~::t:...,~c;:;,,! ',: ' : : \ : i \. , \ ; : \ Iii i \ ~--- \ , U, 'l:-" <!'-o .s-" 1)o$) '91;> ~,>; 1(& l!'~v, 7C'<!,- , . .s-, ('; ~)Z::'I:>;Oq. r-- (.:,..~~ ' , ( ~- :) (./ -'",,; ,." \(1. -- -- '-<J >"".~ \ \ STEF ANTE LAMPREY BROWN, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 05-85 CIVIL MARY CHALLENGER Defendant : CIVIL ACTION - LAW 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 Notice and Complaint are served, by entering a written appearance p(:rsonally or by attorney and filing in writing with this Court your defenses or objections to the c:laims 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONI~, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 NOTICIA LE HAN DEMANDO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tien viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia excrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades 0 otros derechos impotantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO Th-IMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA AVERlGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 STEFANIE LAMPREY BROWN, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 05-85 CIVIL MARY CHALLENGER Defendant : CIVIL ACTION - LAW I. Plaintiff, Stefanie Lamprey Brown, is an adult individual residing at 28 Robin Court, Mechanicsburg, Cumberland County, PA 17055. 2. Defendant, Mary Challenger, is an adult individual residing at I North Seasons Drive, DiIlsburg, York County, PA 17019. 3. Plaintiff was a tenant in a property leased to her by Defendant. 4. Plaintiff was required to make a $700 security deposit with Defendant. 5. Defendant has failed or refused to return the $700 security deposit to Plaintiff at the conclusion of her tenancy without any basis in law or fact. 6. Plaintiff has made numerous improvements at her own expense, a list of which is attached hereto and made a part hereof as Exhibit "A". 7. Defendant has been unjustly enriched by these improvements as set forth in Exhibit "A". COUNT I Breach of Contract 8. The averments of paragraphs 1 through 7 are incorporated herein and made a part hereof as if set forth in full. 9. A copy of the lease between the parties is attached hereto and made a part hereof as Exhibit "B". 10. On page 3, paragraph 12, the lease provides that the Plaintiff was required to make a security deposit which shall be returned to her plus simple interest after two years of residence. 11. Defendant has failed or refused to return the s(~curity deposit. 12. In doing so, Defendant has breached her contract with Plaintiff and is liable to return said security deposit plus interest. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment against Defendant in the amount of $700 plus simple interest and court costs. COUNT II Uniust Enrichment 13. The averments of paragraph 1 through 12 are incorporated herein and made a part hereof as if set forth in full. 14. As set forth above, Plaintiff has made improvements to the benefit of Defendant for which Plaintiff has not been reimbursed. 15. Defendant has been unjustly enriched by the improvements made by Plaintiff. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in the amount of $580 for the improvements made by Plaintiff, plus costs and interest thereon. COUNT III Unfair Trade Practice and Consumer Protection Law 16. The averments of paragraphs I through IS are incorporated herein and made a part hereof as set forth in full. 17. Based upon information and belief, Plaintiff avers that Defendant has failed or refused to return security deposits in other instances. 18. To the extent such is a pattern of activity, it is unjust and unwarranted in this incident, Defendant has violated the Unfair Trade Practice and Consumer Protection Law. 2 WHEREFORE, Plaintiff requests this Honorable Court to enter judgment against Defendant in the amount of treble damages plus punitive damages and other awards which the Court finds to be just. By: Respecltfully submitted, THOjfTlt~AS & HAFER, LLP /f D.dgias B. Marcello, Esquire 3tJ5 North Front Street Post Office Box 999 Harrisburg, PA 17108-0999 (717) 579-8711 Attorney for Plaintiff Dated: January 25, 2005 337274 3 VERIFICATION I hereby verify that the averments made in the attached document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.SA. 4904 relating to unsworn falsification to authorities. By: u Dated: \ . ,}5 - oS- Plaintiff sues to recover damages as follows: a. $728 being the security deposit wrongfully withheld by Defendant; b. Treble dan1ages, cost and attorney fees for violation of the Unfair Trade Practices and Consumer Protection Law (73 P.S. 201.1, et. seq.) for wrongfully and pretexturally withholding the security deposit along with any punitive damages to the extent awardable to punish and deter such conduct; c. Damages in the amount that Plaintiff was forced to incur which should have been covered by the lease, including repair to: 1. The ii'ont door lock - $10.00; 2. Repair of the outdoor front lightuxture - $10.00; 3. Repair of the front door screen - $60.00; 4. Repair of the front door handle - $30.00; 5. Repair of the front window - $60.00; 6. Repair of the bath towel holder - $10.00; 7. Sealing of the driveway - $400.00 d. Any and all other reasonable damages that this Court fmds. PLAINTIFF'S I JHIBIT SIGNING 08/20/2000 HOUSE 3 WILLIAM PENN DRIVE CAMP HILL, PA. 17011 TE:RM DATE BEGINS 09/01/2000 MONTHLY RENT $700.00 SECURITY DEPOSIT $700.00 RESIDENT STEFANIE LAMPREY OWNER IS) MARY CHALLENGER Intending to be legally bound, Owners hereby lease to Resident, and Resident, jointly and severally if more than one (1), leases from Owners, the house designated above, for a term consisting of an initial one-year term beginning on the term date designated above and a further term commencing on the expiration of the initial one-year term and continuing until this lease is terminated as prOVided herein, under the provisions and occupancy regulations set forth in this lease. 1. RENT. Resident agrees to pay to Owners the monthly rent set forth above-on the first day of each month, in advance, mailed to the home residence of Owners 11 North Seasons Drive, Dillsburg, Pa. 17019). Resident further agrees to pay a late payment charge of $5.00 per day on late rental payments, beginning on the third 13rd) day of each month. If rental payment is mailed, the postmark date wi.ll determine the date of payment. I f any check for rent is returned to Owners for insufficient funds or other reason, late charges will continue until the rent is actually paid by Resident along with any service charges for the returned checks. 2. TERMINATION BY OWNERS. Owners may terminate this lease without cause by giving sixty (60) days prior written notice to Resident, but no termination by Owners without cause may take effect during the initial one-term of the lease. 3. TERMINATION BY RESIDENT. Resident may terminate this lease only by giving written notice to Owners, at least two (2) full calendar months in advance of the termination date, which must be the last day of a calendar month, and by thereafter paying to OWD'ers, as the same becomes due, all rent due to the termination date. If a termination of the lease by Resident takes effect during the initial one-year term of the lease, Resident shall also pay to Owners, at the time notice of termination is given, liquidation damages for prernature termination, which shall be security deposit if the lease term:Lnates during the first nine (9) months of the lease term, and which shaL be two-thirds 12/3) of that amount if the lease terminates during the tenth or eleventh months of the initial lease term. Owners shall bE> entitled to retain all rent for the house to the termination date, rE'gardless of whether the house is previously vacated by Resident or whether it is re-rented by Owners. If without the prior written consent of Owners, Resident retains possession of the house after termination of the lease term in addition to damages due to Owners, Resident shall pay to any successor lessee who has been deprived of possession by Resident all costs incurred by such person for substitute lodging, including motel lodging, for himself and his family until possession is surrendered and for three (3) days thereafter and all expenses of moving and storing household PAGE 2 goods occasioned by the failure of Resident to surrender possession. Resident agrees that any succeeding lessee of the house deprived of possession by the Resident shall have the right, independent of Owners, to enforce this agreement and to recover the foregoing damages. Owners shall have the right, but shall not be required, to apply Resident's security deposit on payment on account of damages suffered by a successor lessee by reason of Resident's wrongf~l holding over after termination of the lease term. 4. RENT INCREASES. Owners may increase the monthly rent or change the terms of this lease on written notice to Resident given at least sixty (60) days in advance of the first day of the month in which the increase in rent or change in the lease terms bE~cornes effective, but Owners may not make an increase in rent or chanqe in the lease terms which will take effect during the initial one-year term of the lease. The rent increase or change in the lease terms shall take effect in the manner specified by Owners unless Resident shall terminate the lease as provided in paragraph 3 within ten (10) days after notice of a rent increase or change of lease terms is given by O~mers. 5. USE. Resident agrees to use the house only as the personal residence of Resident and such of their childreG as are named in Resident's rental application heretofore filed ~'ith Owners, and not to assign this lease or sublet the house or any part thereof. Resident agrees that no trade, craft, business, occupation or profession will be carried on or be practiced upon the premises. ~esident agrees not to alter or make additions to the house, its painting or ~L5 Ilxtures and a liances Wlthout Owners' written consent. ReSIdent aqrees not to do or e y ae or practice in'urious to the house, which may affect the ~ns on e cuse, or which is contrary to any law. 6. UTILITIES. Resident will pay the utility company (UGI) for gas consumed in Resident's house. Resident will pay the utility company (PA AMERICAN WATER COMPANY) for water consumed in Resident's house. Resident will pay the utility company (PPLJ for electricity consumed in Resident's house. Resident shall at his own expl=Dse provide his own TV cable service and/or telephone service. Owner shall at his own expense provide sewer and refuse services or utilities (this service/utility bill is calculated by Lower Allen Township). Resident agrees that Owners may temporarily suspend any utility service, in the event of accident or to permit repairs or alterations. Ovmers shall not be liable for failure to supply heat, hot water or other services or utilities when such failure shall be beyond Owners' control or to enable Owners to service or repair installations. 7. CARE OF HOUSE. Resident agrees to use due care in the use of the house, the appliances therein, and all other parts of Owners' property, including the sanitary sewers, and to give notice to Owners of the need for repair thereof, and to pay for all repairs to the house, its contents, and to all parts of Owners' property, including the sanitary sewers, which are necessitated by any act or lack of care on Qthe part of the Resident, members of Resident's family, or his visitors. Owners will make necessary repairs to the house and the appliances therein within a reasonable time after Resident notifies Owner of the need for repairs. PAGE 3 8. OWNERS' LIABILITY. Owners shall not be liable for property damage or personal injury resulting 'from any failure to maintain or repair the house I the appliances therein, or any other part of Owners' property unless the damage or injury results from a failure or refusal to make a bona fide effort to make repairs for which Owners are responsible within a reasonable time following notice by Resident of the need for repairs. Resident further agrees that Owners shall not be liable for property damage or personal injury occurring in the house or elsewhere on Owners' property unless the damage or injury results directly and exclusively from Owners' negligence. 9. OCCUPANCY. If Resident occupies the hO\lse before the lease term commences, the occupancy shall be subject to the terms of this lease and Resident shall pay the rent stated herein from the date of occupancy. 10. DAMAGE BY FIRE. If the hO\lse is damagEid by fire or other casualty, Owners shall repair it within a reason2.ble time and rent shall continue unless the casualty renders the house untenantable, in which case this lease shall terminate and Resident, upon payment of all rent to the date the house is surrendered, shall not be liable for any further rent. 11. RIGHT OF ENTRY. Owners or any person or persons authorized by them have the right to enter the house at reasonable times to inspect, make repairs or alterations as needed, to enforce this lease, and after notice of termination is given, to show the house to prospective Residents. 12. SECURITY DEPOSIT. Resident agrees to pay the security deposit set forth above prior to occupance of the house. The security deposit shall be held by Owners as security for the payment of all rent and oth€r amounts due from Resident to Owners, for thE~ Resident's performance of this lease, and against any damages caused to the house or any other part of the Owners' property by Resident, his family and guests. Resident understands and agrees that the security deposit may NOT be applied as rent or against any other amount due from Resident to Owners, without Owners' written consent, and that the monthly rent will be paid each month, including the last month of the lease term. Within thirty (30) days following termination of this lease, Owners shall - return the securIty aeposlt, plus simple interest after two (2) years of residency, less any dedUctIons tram It on account of amo"nt~ nwp,4 r,~~ ~eslden~ ~o uwners, to KeSldent by check a able to all persons signinq his lease, a e 0 a orwar lng a dress which must be furnished by Resident In wrltlng. 13. OWNERS' REMEDIES. If Resident shall fail to pay rent, or any other sum, to Owners when due, shall default in any other provisions of this lease, or shall remove or attempt to remove any of his possessions from the premises before paying to Owners all rent due to the end of the lease term, Owners, in addition to all other remedies provide by law, may: la) Distrain for rent. Resident waives the benefit of all laws or usages exempting any property from distrain for rer.~tf and waives PAGE 4 appraisement of any property distrain. tb) Terminate this lease. Resident specifically waives the right to the three (3) months' notice and to fifteen (15) or thirty (301 days notice required by the Act of Assembly of April 6, 1951, P.L. 69, and agrees that five (5) days notice of termination for breach of lease shall be sufficient. 14. RENTAL APPLICATION. Owners have tendered this lease to Resident, and Resident has accepted the same, on the basis of the information set forth in Resident's rental application submitted to Owners by Resident for the purpose of inducing 01r;ners to enter into this lease with Resident, and in the event that any of the information contained in the said rental application shall be found by Owners to be misleading, incorrect or untrue, Owners shall have the right to forthwith terminate this lease and repossess the house and recover from Resident rent for the full term of this lease as well as any loss or damages which Owners may suffer as a result of such misrepresentation~ 15. THE TERM "RESIDENT". The term "Resident" used herein shall refer collectively to all persons named above, and signing this lease as Resident, and the liability of each person shall be joint and several. Notice given by Owners to any person named as Resident, or by any such person to Owners, shall bind all persons signing this lease as Resident. 16. PETS. It is understood and agreed that NO pets shall be permitted upon the premises. 17. HEATERS. It is understood and agreed that no kerosene heaters or electric heater units are permitted upon the premises 18. SUBORDINATION. This lease shall be subordinate to all present or future mortgages against the property. 19. LANDSCAPING. It is understood and agre"d that no landscaping can be done without the express permission of the Owner~ The outside hose shall remain with the house. 20. APPLIANCES. Own"r has furnished refrigerator, gas stove, washer, and gas dryer. All said items shall remain with the house. Owner and Resident both agree to pay one/half each of any repair bills for the above appliances used by the Resident. 21. CURTAINS/DRAPES. Owner has furnished all the window curtains and/or drapes and window hardware and bathroom curtain and bathroom liner and said items shall remain with the house. 22. KEYS. Keys to premises shall be promptly returned to Owner at the end or termination of this lease. 23. OTHER. The Sunbeam Gas Grill belongs to the Owner. The Resident may use the gas grill subject to the terms of this lease until the Owner requests for the above said gas grill. 24. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this lease are inserted for convenience only and shall not control or PAGE 5 affect this meaning or construction of any of the provisions hereof. OWNER(S) RESIDENT -- ~~ GUARANTY Intending to be legally bound, and in consideration of the lease with the above Resident, the undersigned, jointly and severally, hereby become surety to Owner for the performance of the lease by Resident and guarantees payment of all sums becoming owing to Owner by Resident. This agrement shall remain in effect throughout the term of the lease, and notwithstanding any change in the terms of the lease or in the amount of rent without notice to the undersigned. The liability of the undersigned is absolute, continuing and unconditional and OWner shall not be required to proceed against Resident or i~voke any other remedy before proceeding against the undersigned. Notice of acceptance of this agreement and notice of any default are waived. Date signature r X-tD-o'b Tl ! ;t~flJ~s:\'," , ,," . '>,_~! ,;.J8~, X(, - _ _ .1 ,0;'; . ' . . .. - I certify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the 25th day of January, 2005: Mary Challenger 1 North Seasons Drive Dillsburg, P A 17019 THOMAS, THOMAS & HAFER, LLP By: ~~~~'-- ~ Marcello, Esquire 337276.1 .-> (:,:;<r o;.~~ ;;,.I\ <- -:;"'" :z: \,' (]l ::, -<. "7~ :-*': o -'1'\ .-1 -r-.'l"J ii.-\:'-- ~~, \-T1 ,Y}~1 Ct>;;~ ~,,-\ -)'7 :,:J .,..(~ (,;'\ ...0 STEF ANIE LAMPREY BROWN Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 05-85 CIVIL MARY CHALLENGER Defendant CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Mary Challenger, in the above captioned matter. Respectfully submitted, Dated: J-~-o) By: CERTIFICATE OF SERVIC~ N I hereby certify that I have served a copy of the within document this ~day of c3f~~ ~ 2005, on tl" 'ollowiog by d'P""'ing' "'" 'n' COIT,"' copy om, same in the U.S. ils at Harrisburg, Pennsylvania, postage prepaid, addressed to: Douglas B. Marcello, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17108 CALDWELL & KEARNS B /wad( DLC/mab 05-70/84087 .-,\. -~- (~<' j<) c) STEF ANIE LAMPREY BROWN Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 05-85 CIVIL MARY CHALLENGER Defendant CIVIL ACTION - LAW NOTICE TO PLEAD To: Stefanie Lamprey Brown c/o Douglas B. Marcello, Esquire 305 North Front Street PO Box 999 Harrisburg, P A 17108-0999 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof. Failure by you to do so may constitute an admission. Respectfully submitted, Dated: )-IO-OS By: D as 1. asse, Esquire Attorney ID #92895 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney fbr Defendant STEFANIE LAMPREY BROWN Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 05-85 CIVIL MARY CHALLENGER Defendant CIVIL ACTION- LAW ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Mary Challenger, by and through her attorneys. Caldwell & Kearns, and files the within Answer with New Matt'~r, and in support thereof avers the following: I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. The averments ofthis Paragraph are conclusions oflaw to which no response is deemed necessary, and the same are hereby denied with strict proof thereof demanded at time of trial. By way of further answer, Plaintiff caused significant damage to the leased premises for which Defendant withheld the security deposit. 6. Denied. After reasonable investigation, Defendant is without sufficient information to determine the truth or accuracy of the averments set forth in this Paragraph, and the same are hereby denied with strict proof thereof demanded at time oftrial. 7. Denied. The averments of this Paragraph are conclusions of law to which no response is deemed necessary, and the same are hereby denied with strict proof thereof demanded at time of trial. By way of further answer, after reasonable investigation, Defendant is without sufficient information to determine the truth or accuracy of the averments of this Paragraph, and the same are hereby denied and strict proof thereof demanded at time of trial. COUNT 1 Breach of Contract 8. Defendant hereby incorporates aIlegations and responses set forth in Paragraphs 1- 7, as if set forth in full. 9. Admitted. By way of further answer, document attached as "Exhibit B" of Plaintiffs Complaint is a document that speaks for itself, and any attempts by Plaintiff to characterize or interpret the same are specifically denied with strict proof demanded at time of trial. 10. Admitted in part, denied in part. Admitted that the lease between the parties is attached as "Exhibit B". By way of further answer, the document attached as "Exhibit B" of Plaintiffs Complaint is a document that speaks fi)r itself, and any attempts by Plaintiffto characterize or interpret the same are specificaIly denied with strict proof demanded at time of tri al . II. Admitted in part, denied in part. Admitted that Defendant has refused to return the security the deposit. Denied that Plaintiff is entitled to return of the security deposit, as extensive damage was done to the property. 12. Denied. The aIlegations ofthis Paragraph contain conclusions oflaw to which no response is deemed necessary, and the same are hereby denied with strict proof thereof demanded at time of trial. WHEREFORE, Defendant, Mary Challenger, respectfully requests thai this Honorable Court dismiss the Complaint and enter judgment in her favor and against the Plaintiff, without cost to her, but together with such costs, expenses, and attorneys fees as authorized by law in which this Court deems necessary, just and applOpriate under the circumstances. COUNT II Uniust Enrichment 13. Defendant hereby incorporates the allegations and responses set forth in Paragraphs 1-12 by reference as if set forth in full. 14. Denied. After reasonable investigation, Defendant is without sufficient information to determine the truth or accuracy of the averments of this Paragraph, and the same are hereby denied with strict proof thereof demanded at time oftrial. 15. Denied. The averments ofthis Paragraph are conclusions oflaw to which no response is deemed necessary, and the same are hereby denied with strict proof thereof demanded at time trial. WHEREFORE, Defendant, Mary Challenger, respectfully requests that this Honorable Court dismiss the Complaint and enter judgment in her favor and against the Plaintiff, without cost to her, but together with such costs, expenses, and attorneys fees as authorized by law in which this Court deems necessary, just and appropriate under the circumstances. COUNT III Unfair Trade Practice and Consumer Protection Law 16. Defendant hereby incorporates the allegations and responses set forth in Paragraphs 1-15 by reference, as if set forth in full. 17. Admitted in part, denied in part. Admitted that Defendant has refused to return the security the deposit. Denied that Plaintiff is entitled to return of the security deposit, as extensive damage was done to the property. 18. Denied. The averments ofthis Paragraph are conclusions oflaw to which no response is deemed necessary, and the same are hereby denied with strict proof demanded at time of trial. WHEREFORE, Defendant, Mary Challenger, respectfully requests that this Honorable Court dismiss the Complaint and enter judgment in her favor and against the Plaintiff, without cost to her, but together with such costs, expenses, and attorneys fees as authorized by law in which this Court deems necessary, just and appropriate under the circumstances. NEW MATTER 19. Defendant hereby incorporates the allegations and the responses set forth in Paragraphs 1-18 by reference, as if set forth in full. 20. At all times relevant to hereto, Plaintiff leased property from Defendant. 21. It is believed, and therefore averred, that Plaintiff caused substantial damage to the property during her tenancy. 22. The extent of the damage caused by Plaintiff far exceeded the amount held as a security deposit. 23. As a result, Defendant rightfully withheld the amount held as a security deposit to be applied towards the damages caused by Plaintiff during her tenancy. 24. Plaintiffs causes of action may be barred in whole or in part by the applicable Statute of Limitations. 25. Plaintiffs causes of action may be barred in whole or in part by the Doctrine of Accord and Satisfaction. 26. Plaintiffs causes of action may be barred in whole or in part by the Doctrine of Release. 27. Plaintiffs causes of action may be barred in whole or in part by the Doctrine of Waiver and/or EstoppeL 28. Plaintiffs causes of action may be barred in whole or in part by the Statute of Frauds. 29. Plaintiffs causes of action may be barred in whole or in part by the Parole Evidence Rule. 30. Plaintiff failed to state a cause of action upon which relief may be granted under any theory oflaw. 31. Plaintiffs causes of action may be barred in whole or in part by the terms and conditions of the lease entered into by the parties. 32. Plaintiffs causes of action may be barred in whole or in part by Assumption of the Risks. 33. Plaintiffs causes of action may be barred in whole or in part by the Doctrine of Contributory Negligence. 34. Plaintiffs causes of action may be barred in whole or in part by the Gist of the Action Doctrine. 35. Plaintiffs ability to recover damages may be barred due to her failure to mitigate damages. 36. Plaintiffs claims for recoverable damages are contrary to the laws ofthe Commonwealth of Pennsylvania. WHEREFORE, Defendant, Mary Challenger, respectfully requests that this Honorable Court dismiss the Complaint and enter judgment in her favor and against the Plaintiff, without cost to her, but together with such costs, expenses, and attorneys fees as authorized by law in which this Court deems necessary, just and appropriate under the circumstances. Respectfully submitted, Dated: ') -I J - Of By: CA~WELL&? Y ~d,&q"i" Attorney I.D. No. 92895 3631 North Front Street Harrisburg,PA 17110 (717)-232-7661 Attorney for Defendant VERIFICATION I verify that the averments in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By: ')y-~- ~/ Mary Ch lenger CERTIFICATE OF SERVICE, D. I hereby certify that I have served a copy of the within document this ID day of L::il..hLUC ,2005, on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Douglas B. Marcello, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999 Harrisburg, P A 17108-0999 CALDWELL & KEARNS a2aeh DLC/mab 05-70/84189 STEPHANIE LAMPREY BROWN,: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO.: 05-85 CNIL MARY CHALLENGER Defendant CNIL ACTION-LAW ANSWER TO NEW MATTER 19. Plaintiff incorporates by reference the averments of 1-18 of her complaint. Any and all other averments are denied and proof is demanded. 20. Admitted. 21. Denied. It is denied that Plaintiff caused substantial damage to the property during the tenancy. 22. Denied. It is denied that Plaintiff caused any damages or the amount of any damages exceeded the amount of the security deposit. 23. Denied. It is denied that Defendant rightfully withheld the security deposit. 24.-36. Denied. The averments of paragraph 24-36 state a conclusion oflaw to which no responsive pleading is required. In the alternative, the averments are denied and proof is demanded at time of trial. WHEREFORE, Plaintiffrequests this Honorable Court dismiss Defendant's New Matter. Marcello & Kivisto, LLC ~<{~ Dougl B. arcello Marcello & Kivisto, LLC 1501 Commerce Ave. Carlisle, PA 17013 (717) 240-4686 VERIFICATION I verify that the avennents in this document are !roe and C()rrec~ I understand that false statements herein are made subject to the penalties of 18 PaC.s. 4904, relating 10 unsworn falsifications to authorities. By~lo.J\\ ~ 0 I~ll-')U Date~ . al5 IY:) 2'd 989t.-QS2-l.Tl. e~uos e21:11 SO 8~ qd~ CERTIFICATE OF SERVICE I certify that the foregoing document in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, P A on the -&'1" day of ~ ,2005. Douglas L. Cassel Caldwin & Kearns 3631 N. Front St. Harrisburg, PA 17110 ~~. D glas B ~1I0 (I 1"-' ,,:.-.' C::o <.;:-1 -...... "S;j '-n ~, :JC. 1" .- (,.l U: MARY CHALLENGER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-86- CIVIL STEFANIE LAMPREY BROWN, : CIVIL ACTION - LAW Defendant STEFANIE LAMPREY BROWN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.: 05-85- CIVIL MARY CHALLENGER, Defendant : CIVIL ACTION - LAW MOTION FOR CONSOLIDATION OF ACTIONS AND NOW comes Mary Challenger, by and through her attorneys, Caldwell & Kearns, and files the within Motion for Consolidation of Actions; and in support thereof, avers as follows: I. On or about January 24,2005, Mary Challenger, ("Challenger") initiated this lawsuit against Stefanie Lamprey Brown, ("Brown"), by filing a Complaint in the Court of Common Pleas, Cumberland County, pursuant to an appeal from the District Judge, which was given a docket entry of No. 05-86 Civil. 2. On or about January 25, 2005, Brown also filed a Complaint in the Court of Common Pleas, Cumberland County, pursuant to an appeal from the District Judge, which was given a docket entry of No. 05-86 Civil. 3. A number of subsequent Preliminary Objections were filed to Challenger's Complaint (No. 05-86) and two Amended Complaints. 4. Brown then filed an Answer with New Matter and Counterclaim to Challenger's Second Amended Complaint on or about June 10, 2005. 5. On or about June 14,2005, Challenger filed a Reply to New Matter and Counterclaim of Brown. 6. The pleadings are now closed on both actions. 7. Challenger's Complaint (No. 05-86 Civil) arises from damage caused by Brown to the property located at 3 William Penn Drive, Camp Hill, Pennsylvania ("the property"). 8. Brown entered into possession of the property on September I, 2000, at which time Brown tendered a security deposit in the amount of $700.00 to Challenger, in accordance with the terms of the lease. 9. Brown resided at the property as a tenant from September 1,2000, until September 22, 2004, during which time Brown caused significant damage to the property. 10. As a result, Challenger withheld the $700.00 security deposit and applied the said deposit to the reparation of the damaged property. 11. Challenger demanded the outstanding balance, which Brown has failed and refuses to pay. 12. Brown's Complaint against Challenger (No. 05-85 Civil) claimed causes of action for Breach of Contract, Unjust Enrichment, and Unfair Trade Practices for failure to return the above-referenced security deposit. 13. Brown's Complaint, New Matter and Counter Claim arise from the same occurrence as Challenger's Complaint. 14. Brown's Complaint, New Matter, and Counter Claim involve a common question offact and identical legal theories as Challenger's Complaint. 15. The Pennsylvania Rules of Civil Procedure instruct that actions pending in the same county which "involve a common question of law or fact" or "which arise from the same transaction or occurrence" may be, inter alia, "consolidated" upon motion of any party or by the court, upon its own motion. See Pa.R.C.P. 213 (a). 16. The Rules of Civil Procedure provides further that a Court may "order the actions consolidated" in order to avoid unnecessary cost or delay," see Pa.R.c.P 213(a). 17. A consolidation ofthese two actions will avoid unnecessary cost and delay and will not prejudice any substantial right of any party to the actions. 18. Additionally, a consolidation of the actions is desirable because the facts relied upon, witnesses to be called, and legal theories are identical and justify consolidation of the actions. WHEREFORE, Mary Challenger, respectfully requests that this Honorable Court GRANT her Motion to Consolidate Actions and ORDER Docket No. 05-85 and Docket No. 05- 86 consolidated. Respectfully submitted, CALDWELL & KEARNS By: Date: <( / r /0)' 05-70191590 CERTIFICATE OF SERVICE AND NOW, this ~1ay of 4j:'f~ ' 2005, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Douglas Marcello, Esquire MARCELLO & KIVISTO, LLC 1501 Commerce Avenue Carlisle, PA 17013 CALDWELL & KEARNS By -l,4k~ / . . '.. ,,:0; '-< (") C~ " '" => !:::Jo CJO :b- e.::: (:--) r..., ~ ~ ~:n -0 F;; :''''T=' ~'_~r~ ~~ --I $ -< -,..., ....;.. ~ - ,~. , ~ .../ ;'. ~;~~! \( ~__ n l,;'r:i"' 2 2 ~l:" MARY CHALLENGER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~Vi'" vs. : NO. 05-86- CIVIL. STEF ANIE LAMPREY BROWN, Defendant CIVIL ACTION -- LAW STEFANIE LAMPREY BROWN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. r: 05-85- CIVIL : CIVIL ACTION - LA W MARY CHALLENGER, Defendant 3~ OO;}JM AND NOW, this _ day of ,2005, upon consideration of Plaintiffs Rule to Make Rule Absolute, it is hereby ORDERED that Docket No. 05-85 and Docket No. 05-86 are hereby Consolidated into Docket No. 05-85. --- Il/ <:) '. Douglas 1. Cassel, Esquire Attorney J.D. No. 92895 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARY CHALLENGER, vs. NO. 05-85 STEFANIE LAMPREY BROWN, Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED STEFANIE LAMPREY BROWN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-85 Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED MARY CHALLENGER, PETITION FOR APPOINTMENT OF ARBITRATORS. TO THE HONORABLE, THE JUDGES OF SAID COURT: Douglas 1. Cassel, Esquire, counsel for Plaintiff/Defendant Mary Challenger in the above action respectfully represents that: I. The above-captioned actions, consolidated by Order of Court signed by the Honorable Edward E. Guido on October 3, 2005, is at issue. 2. The claim of Mary Challenger is $4,764.30, plus interests and costs. The counterclaim of Stephanie Lamprey Brown is believed to be $1,228.00, plus interests, costs, treble damages and attorney fees. , 3. The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: Douglas Marcello. Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted: Douglas L. Cassel, Esquire Attorney I.D. No. 92895 CALDWELL & KEARI'S 3631 North Front Street Harrisburg, PAl 711 0 (717) 232-7661 Attorney for Mary Challenger Date: ~ ~ (:) "t; i\ ~ \) - ~ -J ~ U1 ?=- - \). ~ ~ .t: ..c. cr- (;.J -- ."', r. "; :':'l~ ::-!'-" , . '. (,., .-".< , CERTIFICATE OF SERVICE AND NOW, this oZ day of ~t 4u- , 2005, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Douglas B. Marcello, Esquire MARCELLO & KIYlSTO, LLC 1501 Commerce Avenue Carlisle, P A 17013 CALDWELL & KEARNS By 7.1-k<<- 05-70/93845 ._j, o4l. Plaintiff MARY CHALLENGER, vs. STEFANIE LAMPREY BROWN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 05-85 CIVIL ACTION LAW JURY TRIAL DEMANDED STEFAN IE LAMPREY BROWN, Plaintiff vs. MARY CHALLENGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-85 CIVIL ACTION LAW JURY TRIAL DEMANDED ORDER OF COURT -, AND NOW, ~tfJL '7 ') &:OUJ.iAI !I). .!JpJ!///f, ~fJ~'/Jt/n /17 d2oa~,L /~~/)j <<5k-ek'Lo , 2005 in consideration of the foregoing Petition, , Esquire, , Esquire, and Esquire are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT: r:)(?; ~v~/ \S<^,,\ \;~ IJ/ , ~/1t0U'e &wtf-4 ~= ({jv.Af1 (}u~{ ~€A Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 6f) - c;: > Civil Action - Law. , obey and defend the Constitution of the United d that we will discharge the duties of our office lhvid LV, 'beL~ Name (Chairman) ~~SdVt /)~F-h~ Law Firm Gox e (50 @;. 61.6~l\(57/L Name C~..=Z~ Signature Gte",.,., K. IJA,V'<, Name '1>6Af"l ~ (\<;So(. ~C Law Firm ~ft4 ~"nIi<, '-(ck.~ ~ 'rt: . Law Firm 10 1 L;;ty~~ {1~70~3 It' )/'13/ I~D<)" "" f'T,:oQ.- ~. Address neD ~t Ce~k ~1"J. Address Address fl'\ec.h~,,;~bu~ ~ \~~ City, ip Jt 1/-5 N... . Arbitrator, disse ts. (Insert name if applicable.) (Chairman) Date of Award: C'trb:.. . - Notice of Entry of Award Now, the ;,l """-- day of ~ , 20 0(, , at )/.' /9 ,{( ..M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ;2 90.1.f?) f!~~7 By Deputy .,_. " -' I. '.~ ;i f i \: \:-- ~. t,:~~ - p I ~- . ~ . -';>-- Ei' G, )0 >- ~~. J, +':? 1 c f " " ~ . . STEFANIE LAMPREY BROWN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. OS-8S-CIVIL MARY CHALLENGER, Defendant : CIVIL ACTION - LAW PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued and ended with prejudice. Respectfully submitted, MARCELLO & KIVISTO, LLC. B; \~~~ Dougl . M 10 Esquire ]SOl Commerce Avenue Carlisle, PA ]7013 Attorney for Stephanie Lamprey Brown Dated: ~/f!O(p . . CERTIFICATE OF SERVICE AND NOW, this ~ day of ~ , , 2006, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Douglas L. Cassel. Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, P A 17110 C:ALD'I,'I,~l1. if V.Ii ^ Dl\TS ~~ - .e.. ...,f-. "). ~<A loA -.oc.(tt:, r !::,'vi :.+-01 LL.c By: 05-70/101234 (') ...., c: => <;?, = :;;... "'" t'L :x :r:n I ;p- -< rnr- -om CD ~:(JO "0 C~(-.J - ;~:.. ;~ c:: -- ::2(-; :;...::: ~ orrl :.<1 N ~ ~ -<